Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
 
 
 
 
SYNOPSIS
Allows tenant with temporary or permanent restraining order to change locks on residential rental unit.
 
CURRENT VERSION OF TEXT
As introduced.
An Act allowing tenants with a permanent or temporary restraining order the ability to change locks on a rental dwelling unit, supplementing Title 46 of the Revised Statutes, and amending P.L.1991, c.261.
 
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
 
1. (New section) The Legislature finds and declares that:
a. Despite the current statutory protections available to a victim of domestic violence in New Jersey, including but not limited to the issuance of temporary or permanent restraining orders, many victims of domestic violence remain vulnerable to such violence, even after a restraining order has been issued.
b. In many instances, the perpetrator and victim of domestic violence are co-tenants in a rental dwelling unit. In such cases, it may be unclear whether a tenant-victim is authorized to change the locks on a rental dwelling unit. However, if a domestic violence perpetrator maintains a key to an unchanged lock on a rental dwelling unit, the tenant-perpetrator may easily gain access to the tenant-victim, which may then place the tenant-victim in danger of serious bodily harm or even death.
c. In order to prevent additional violence and harm to a victim of domestic violence, it is necessary for the Legislature to clarify that a victim of domestic violence who has obtained a temporary or permanent restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261, (C.2C:25-17, et seq.), is authorized to change the locks on a rental dwelling unit upon providing appropriate notice to the landlord.
 
2. (New section) a. A tenant who has obtained an order providing temporary relief pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) or permanent relief pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) shall notify the landlord in writing if the tenant would like the locks to be changed on a dwelling unit which the tenant leases.
b. If a landlord has not installed new locks within 48 hours of receiving a written request pursuant subsection a. of this section, the tenant shall be authorized to change the locks on a residential dwelling unit which the tenant leases.
c. A tenant who changes the locks on a residential rental dwelling unit pursuant to subsections a. and b. of this section shall notify the landlord of the rental dwelling unit that the locks on the unit have been changed and provide a copy of the new keys not more than 48 hours after implementing the change of locks.
d. A tenant who changes the locks of a residential rental dwelling unit pursuant to this section shall be responsible for the costs associated with changing the locks on the rental unit, but may seek reimbursement for these costs pursuant section 13 of P.L.1991, c.261 (C.2C:25-29).
 
3. Section 13 of P.L.1991, c.261 (C.2C:25-29) is amended to read as follows:
13. a. A hearing shall be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere. A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. The court shall consider but not be limited to the following factors:
(1) The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse;
(2) The existence of immediate danger to person or property;
(3) The financial circumstances of the plaintiff and defendant;
(4) The best interests of the victim and any child;
(5) In determining custody and parenting time the protection of the victim's safety; and
(6) The existence of a verifiable order of protection from another jurisdiction.
An order issued under this act shall only restrain or provide damages payable from a person against whom a complaint has been filed under this act and only after a finding or an admission is made that an act of domestic violence was committed by that person. The issue of whether or not a violation of this act occurred, including an act of contempt under this act, shall not be subject to mediation or negotiation in any form. In addition, where a temporary or final order has been issued pursuant to this act, no party shall be ordered to participate in mediation on the issue of custody or parenting time.
b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining order is in effect or two years, whichever is greater. The order shall require the immediate surrender of any firearm or other weapon belonging to the defendant. The order shall include notice to the defendant of the penalties for a violation of any provision of the order, including but not limited to the penalties for contempt of court and unlawful possession of a firearm or other weapon pursuant to N.J.S.2C:39-5.
A law enforcement officer shall accompany the defendant, or may proceed without the defendant if necessary, to any place where any firearm or other weapon belonging to the defendant is located to ensure that the defendant does not gain access to any firearm or other weapon, and a law enforcemen