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New Jersey Will Prohibit Late Penalties Against Senior Citizens in Some Situations
By June 8, 2023 Posted in Landlord/Tenant Law Share
New Jersey Will Prohibit Late Penalties Against Senior Citizens in Some Situations
After unanimously passing the Assembly, Bill A-1498 (S-942) will now head to the Senate, where a previous version was also passed unanimously. The bill requires owners of affordable senior communities to waive late fees incurred by senior tenants for rent that comes due during a period of hospitalization, plus five days thereafter. To qualify for the late fee waiver, a tenant must provide written proof that they were admitted to the hospital for the relevant period. If rent payment is not remitted within five business days following discharge, any late charge permitted under the law may then be imposed.
It is important to note that the proposed legislation specifies that the five-day period does not start until the resident is back in their residence. If the resident is moved to another care facility, late fees would not be allowed.
If this legislation becomes law, only late fees would be impacted. The tenant is still responsible for any rent due during the period of hospitalization. Eviction proceedings could still proceed for non-payment of rent however late fees would not be allowed as additional rent.
If you need assistance ensuring you are acting conformity with this law or require assistance updating your policies, we, at Griffin Alexander, P.C., can help. Our attorneys are experienced in all aspects of Community Association and Landlord-Tenant law. We can help ensure that your property remains in compliance with the advent of this new law.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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