Bill > A4177

Introduced Session

This bill, entitled "Sebastien's Law," would change the law regarding child-protection window guard installation from the current opt-in policy, in which a tenant is required to request that window guards be installed, to an opt-out policy where window guards are required to be installed unless the tenant specifically waives this requirement. The bill is named for seven year old Sebastien Manzalaoui of Fort Lee, New Jersey, who fell to his death in 2023 due to the absence of window guards. This opt-out policy would increase the number of homes fitted with window guards and the number of children protected from the potentially fatal dangers of windows without this vital safety provision. New Jersey law currently provides that leases are required to 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 dwellings in which a child 10 years of age or younger resides, and in a dwelling where the tenant requests window guards, even if a child 10 years of age or younger does not reside in the dwelling. However, the bill allows tenants with children to waive the right to have their landlords install window guards in their apartments or rental units. 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 or rental unit. 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. The bill also specifies requirements for the inspection and maintenance of window guards installed pursuant to the bill. While the installation of window guards on windows in units where a child or children 10 years of age or under resides or will reside, or are regularly present for a substantial period of time, would operate under an opt-out policy pursuant to this bill, the installation of window guards in the windows of common areas, as outlined in existing law, would continue to operate under an opt-in policy. The bill also harmonizes references to common areas. The bill would also extend the right to request window guards to all tenants. However, the opt-out policy would only apply to tenants with children 10 or under residing or regularly present in the home. A tenant who waives the installation of window guards may rescind that waiver and request that window guards are installed. The bill specifies, however, that a written waiver of the window guard requirement, or a rescission of this waiver, are not to be considered as part of, nor constitute breach or grounds for termination of the lease or other agreement between the landlord and tenant. This change would enhance the protections afforded to children by ensuring more windows are equipped with window guards.

AI Summary

Committee Categories

Ellen Park (D)*,  William Sampson (D)*, 

Introduced, Referred to Assembly Housing Committee (on 04/11/2024)

Official Document