Bill > A2271

Introduced Session

This bill would expressly require the association of an age-restricted common interest community to permit an owner of a dwelling unit in the community to sell or grant the unit to a purchaser or grantee regardless of whether the purchaser's or grantee's age does not comply with the applicable age restrictions, were the new owner to reside there. The bill is intended to prevent age-restricted common interest community associations from unnecessarily restricting who owners may sell their homes to, as long as enforceable commitments are established to ensure that the unit occupants continue to meet the required age restrictions. Federal law permits the existence of age-restricted communities as an exception, known as "housing for older persons," to the anti-discrimination provisions of the "Fair Housing Amendments Act of 1988," provided that certain quotas are maintained of age-appropriate persons occupying the premises. For communities that were organized by a developer to restrict occupancy to persons aged 62 or older, 100 percent of the occupants have to be aged 62 or older. For communities which were organized by a developer to house persons aged 55 and over, at least 80 percent of the residents, and one resident per each household, must be aged 55 or older. Existing State law requires a purchaser or grantee of a dwelling unit in an age-restricted community to certify that the unit will be occupied by a person whose age allows the community to comply with the federal law, even if the owner would be under the age limit. The bill would expressly authorize the Commissioner of Community Affairs, through existing enforcement authority established by "The Planned Real Estate Development Full Disclosure Act," N.J.S.A.45:22A-21 et seq., to assess penalties on associations that restrict sales in violation of the requirements of the bill. The commissioner would also be authorized to assess penalties on purchasers or grantees who, after taking ownership, allow a dwelling unit to be occupied by a person whose age does not allow the community to comply with federal law.

AI Summary

Committee Categories

Yvonne Lopez (D)*, 

Introduced, Referred to Assembly Housing Committee (on 01/09/2024)

Official Document