Bill Text: NJ S2195 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires disclosure of cellular telephone transmitters upon sale or lease of certain residential property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2195 Detail]
Download: New_Jersey-2024-S2195-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Requires disclosure of cellular telephone transmitters upon sale or lease of certain residential property.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the disclosure of cellular telephone transmitters and supplementing Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Cellular telephone transmitter" means any device, including the building or structure on which the device is located, that transmits and receives radiofrequency signals to create a cell in a cellular telephone network.
"Commissioner" means the Commissioner of the Department of Community Affairs.
"Purchaser" means a buyer of residential real property.
"Seller" means a real estate broker, salesperson, and broker-salesperson as defined in R.S.45:15-3 or a builder as defined in section 2 of P.L.1977, c.467 (C.46:3B-2) who is engaged in the sale of residential real property.
2. a. (1) Any person who owns, leases, or maintains a cellular telephone transmitter shall disclose the location of the cellular telephone transmitter, in a form and manner specified by the commissioner, to the municipal clerk of the municipality in which the cellular telephone transmitter is located.
(2) Any person subject to the provisions of paragraph (1) of this subsection shall submit the required disclosure within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall update the disclosure, as necessary, no later than of August 31 of every year thereafter.
(3) Any person who violates the provisions of this subsection shall be subject to a fine of not more than $500 for each violation, which shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. (1) The municipal clerk of each municipality shall maintain and make available a list, in a form and manner specified by the commissioner, identifying the location of each cellular telephone transmitter existing within the boundaries of the municipality.
(2) A municipality may charge and collect a reasonable fee, as established by the governing body of the municipality, for acquisition of the list maintained and made available pursuant to this section.
3. a. At the time of entering into a contract for the sale of any residential real property that is located within 100 feet of a cellular telephone transmitter, the seller shall provide a written statement to the purchaser that discloses the location of the cellular telephone transmitter.
b. The purchaser may cancel the contract by sending a written notice of cancellation, by certified mail, to the seller within five business days from the date the contract is executed.
c. (1) A seller who violates the provisions of this section shall be subject to a fine of not more than $500 for each violation, which shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(2) A seller shall not be deemed to violate the provisions of this section if the cellular telephone transmitter was not included in the list made available by the municipal clerk pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. a. When a person offers for rent a residential dwelling unit that is located within 100 feet of a cellular telephone transmitter, the person shall include a prominently displayed provision in the lease or renewal agreement that discloses the location of the cellular telephone transmitter.
b. (1) A person who violates the provisions of this section shall be subject to a fine of not more than $500 for each violation, which shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(2) A person shall not be deemed to violate the provisions of this section if the cellular telephone transmitter was not included in the list made available by the municipal clerk pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. As used in this section:
"Cellular telephone transmitter" means any device, including the building or structure on which the device is located, that transmits and receives radiofrequency signals to create a cell in a cellular telephone network.
5. The Department of Community Affairs may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
6. This act shall take effect immediately.
STATEMENT
This bill requires the disclosure of cellular telephone transmitters upon the lease or sale of certain residential property.
Under the bill, the municipal clerk of each municipality would be required to maintain and make available a list identifying the location of each cellular telephone transmitter within the municipality. Any person who owns, leases, or maintains a cellular telephone transmitter would be required to annually disclose the location of each transmitter to the municipality in which it is located. The bill provides that the Commissioner of the Department of Community Affairs would be responsible for specifying how municipalities maintain and make available these lists.
Most notably, upon entering into a contract for the sale of any residential real property that is located within 100 feet of a cellular telephone transmitter, the seller would be required to provide a written statement to the buyer that discloses the location of a cellular telephone transmitter. Thereafter, the purchaser may cancel the contract by sending a written notice of cancellation, by certified mail, to the seller within five business days from the date the contract is executed.
Similarly, when a person offers for rent a residential dwelling unit that is located within 100 feet of a cellular telephone transmitter, the person would be required to include a prominently displayed provision in the lease or renewal agreement that discloses the location of the cellular telephone transmitter.
Any person who fails to disclose the presence of a cellular telephone transmitter would be subject to a fine of up to $500 for each violation. However, a person would not be subject to a penalty if the location of a cellular telephone transmitter was not included in the list made available by the municipal clerk.
The bill defines a "cellular telephone transmitter" as any device, including the building or structure on which the device is located, that transmits and receives radiofrequency signals to create a cell in a cellular telephone network.
