New Jersey S 1843: Prohibits sale and distribution of nail products containing dibutyl phthalates, toluene, or formaldehyde.

Bill Text

S1843 

SENATE, No. 1843 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator LATHAM TIVER

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Restricts occupancy of dwelling unit in 
age-restricted community to older adults following resale.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning certain age-restricted communities 
and amending and supplementing P.L.2008, c.71.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 2 of P.L.2008, 
c.71 (C.45:22A-46.2) is amended to read as follows:

���� 2.��� Notwithstanding any law 
or governing document to the contrary, the purchaser or grantee by operation of 
law of a dwelling unit in an age-restricted community shall be required to 
certify, prior to the resale or transfer by operation of law of a dwelling unit 
within the community, that the dwelling unit will be occupied by a person of an 
age that ensures compliance with the "housing for older persons" 
exception from the federal "Fair Housing Amendments Act of 1988," 
Pub.L.100-430 (42 U.S.C. ss.3601 et seq.) for that community as set forth in 
section 100.301 of Title 24, Code of Federal Regulations.� The certification 
shall be on such form as may be prescribed by the Commissioner of Community 
Affairs, but shall not exceed one page in length.� A copy of the certification 
shall be provided to the purchaser for recording.� For the purpose of P.L.2008, 
c.71 (C.45:22A-46.1 et al.), "resale" shall mean any sale of a 
dwelling unit within an age-restricted community, other than the initial sale 
of the unit made by the developer to a purchaser, and shall include a tax or 
mortgage foreclosure sale, execution sale, or bankruptcy sale.

(cf. P.L.2008, c.71, s.2)

���� 2.��� (New section)� Following 
resale or transfer by law of a dwelling unit in an age-restricted community, 
occupancy of the unit shall be restricted to a person of an age allowing the 
community to maintain its status as "housing for older persons," as 
defined in the federal "Fair Housing Amendments Act of 1988," 
Pub.L.100-430 (42 U.S.C. ss.3601 et seq.), subject to the requirements set 
forth in subpart E of part 100 of Title 24, Code of Federal Regulations, 
notwithstanding that the resale or transfer by law of the unit was for 
affordable housing purposes and that occupancy of the unit may be restricted to 
low- or moderate-income households.� For the purpose of this section, 
"resale" shall mean resale as defined in section 2 of P.L.2008, c.71 
(C.45:22A-46.2).

���� 3.��� This act shall take 
effect immediately. 

STATEMENT

���� This bill requires dwelling 
units in an age-restricted community that are transferred by resale to remain 
occupied by households that will allow the age-restricted community to remain 
"housing for older persons," as defined by the federal "Fair 
Housing Amendments Act of 1988," 46 U.S.C. ss.3601 et seq.� This bill also 
clarifies the definition of "resale" in P.L.2008, c.71 to provide 
that resale includes mortgage and tax foreclosure sales, execution sales, and 
bankruptcy sales.

���� The sponsors intend this 
legislation to preserve age-restricted properties' unique status by requiring 
that dwelling units transferred by resale, even for affordable housing 
purposes, continue to be occupied by older adults.