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Bill > A2518


NJ A2518

NJ A2518
Establishes distinction between residential tenant and other occupants of hotel or motel for purpose of determining permitted removal actions.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 clear distinction between a residential tenant and a transient guest in a hotel or motel to determine how an occupant can be removed from the property. It codifies a multi-factor test, which reflects existing legal standards, to help decide if an occupant is a tenant, and therefore protected by the Anti-Eviction Act (a law that restricts tenant removal), or a transient guest. Factors considered include the length of stay, whether the occupant has demonstrated intent to stay long-term by changing their official address or enrolling children in school, if the hotel is their only residence, and if the unit has cooking facilities and the occupant does their own housekeeping. Importantly, an occupant receiving or appealing for emergency assistance benefits while using the hotel as temporary housing will be considered a tenant, but will lose these tenant protections if their assistance is denied or exhausted. However, an occupant will not be considered a tenant if they intentionally withhold information needed for registration, unless the hotel owner or operator fails to collect this information due to their own willful or negligent actions.

Committee Categories

Housing and Urban Affairs

Sponsors (3)

Last Action

Introduced, Referred to Assembly Housing Committee (on 01/13/2026)

bill text


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