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Bill > A5544

NJ A5544

NJ A5544
Establishes distinction between residential tenant and other occupants of hotel or motel for purpose of determining permitted removal actions.

summary

Introduced
04/10/2025
In Committee
04/10/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes a distinction between residential tenants and transient guests of a hotel or motel for the purpose of determining permitted removal actions. The bill codifies a multi-factor test, reflecting the existing test established by New Jersey courts, to apply in distinguishing between a tenant and a transient guest. Specifically, in order to remove an occupant of a hotel or motel and determine whether a property owner is required to comply with the residential eviction process, and the restrictions on tenant removal established by the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), the bill requires several factors to be considered, as provided in the bill. If the factors are generally accurate, then the occupant of a hotel or motel is to be considered a tenant, not a transient guest, unless the bill otherwise bars the occupant from being considered a tenant, concerning the lack of registration information, or the denial or expiration of emergency assistance. The bill also provides that an occupant is to be considered a tenant if they are receiving or in the appeals process to receive emergency assistance pursuant to P.L.1997, c.14 (C.44:10-44 et al.), and the hotel or motel is being used as temporary housing. An occupant is to lose tenant privileges if emergency assistance has been denied or exhausted. The bill provides that if an occupant has willfully not provided the owner or operator with information necessary to register the occupant to the hotel or motel unit, then the occupant is not to be considered a tenant. Lastly, the bill provides that if an owner or operator willfully or negligently fails to collect occupant information necessary to register the occupant to the unit in which the occupant is assigned, the lack of registration is not to affect an occupant's qualification for tenancy.

AI Summary

This bill establishes a comprehensive set of criteria for determining whether an occupant of a hotel or motel should be considered a residential tenant or a transient guest, which impacts the legal procedures for their potential removal. The bill outlines seven specific factors that courts should consider, including the length of stay (three consecutive months or more), demonstrating intent to make the location a primary residence (such as changing government identification address or registering to vote), notification to the hotel/motel operator of long-term stay intentions, having no other residence, being part of a community of long-term occupants, having a fully equipped living space with cooking amenities, and maintaining personal living arrangements. Additionally, the bill provides special provisions for occupants receiving emergency assistance, who are automatically considered tenants while in the appeals process, and loses this status if assistance is denied or exhausted. The legislation also addresses registration requirements, stipulating that an occupant who willfully fails to provide necessary registration information cannot be considered a tenant, but protecting occupants if the hotel/motel operator fails to collect required information. The overall purpose is to codify existing court practices and provide clear guidelines for distinguishing between temporary and long-term hotel/motel residents, thereby protecting individuals who are effectively using such spaces as their primary residence.

Committee Categories

Housing and Urban Affairs

Sponsors (3)

Last Action

Introduced, Referred to Assembly Housing Committee (on 04/10/2025)
(1 Companion Bills)

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Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/A5544
BillText https://pub.njleg.gov/Bills/2024/A6000/5544_I1.HTM
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