Bill > S3788

Introduced Session

This bill would amend the law governing the requirements to install and maintain child-protection window guards. This bill was, unfortunately, motivated by reports of a four-year-old boy who fell to his death through an apartment window that did not have window guards installed. Although current law requires landlords to install window guards upon the request of a tenant of an apartment unit where a child 10 years of age or younger resides, greater protections for small children are necessary. The bill would replace the current "opt-in" system with a system requiring landlords to install window guards in apartments of tenants with children unless the tenant "opts-out" of the window guard requirement. New Jersey law currently provides that leases must contain a notice advising tenants that, upon written request by the tenant, the owner is required to provide, install, and maintain window guards in dwelling units with children 10 years of age or younger. This bill would require landlords to install window guards in any apartment in which a child 10 years of age or younger resides, and in apartments where the tenant requests window guards, even if a child 10 years of age or younger does not reside in the apartment. However, the bill allows tenants with children to waive the right to have their landlords install window guards in their apartments. The bill requires landlords to provide each tenant with a form at the time of signing a lease, and annually thereafter, informing the tenant of the landlord's obligation to install and maintain window guards, and of the ability of the tenant to waive the right to have the landlord install window guards in the tenant's apartment. The bill requires the Department of Community Affairs to prepare forms for this purpose in English and Spanish, and to make the forms available on the department's Internet website. Under the bill, if a tenant waives the right to have the landlord install window guards, the tenant can later change his or her mind by providing the landlord a written notice requesting window guards. Current law requires landlords to inspect window guards at least twice a year to ensure that each window guard remains sound and conforms with legal requirements. The bill specifies that landlords must inspect window guards once between February 1 and May 1 and once between September 1 and December 1. Current law excepts first floor windows from window guard requirements. The bill would require the installation of window guards in first floor apartment windows unless the window is a required means of egress from the apartment. The New Jersey window guard law does not currently apply to seasonal rental units. The bill will end that exception. Current law allows a landlord to charge a tenant no more than $20 for each window guard installed in a tenant's apartment. The bill retains the reimbursement provision, however, requires the commissioner to adjust the amount per window guard that may be passed on to a tenant no more frequently than once every 36 months to account for inflation.

Committee Categories

Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 05/08/2023)

Official Document