New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1220

Introduced
2/3/22  
Refer
2/3/22  
Report Pass
3/10/22  
Engrossed
6/16/22  

Caption

Requires DOH approval for adverse possessory action against hospitals.

Impact

The implications of Bill S1220 are significant, as it seeks to maintain quality healthcare services by preventing abrupt and potentially harmful disruptions in hospital operations caused by landlords. It aims to promote a more efficient healthcare delivery system in New Jersey by establishing a formal approval process for landlords. This would protect hospitals from unjust leases or evictions, ensuring continuity of care for patients and stability for healthcare providers. Furthermore, if a landlord initiates such actions without approval, they face severe penalties, including civil fines of up to $1 million and the suspension or revocation of licenses issued by the DOH.

Summary

Bill S1220 is a legislative measure introduced in the New Jersey Legislature that aims to strengthen the rights of hospital operators in matters of management and possessory actions against hospitals. It mandates that any landlord seeking to initiate an adverse possessory action against a hospital operator or their successor must first obtain written approval from the Department of Health (DOH). The term 'adverse possessory action' is defined within the bill as actions such as terminating leases or evicting an operator from the hospital premises without consent from the DOH.

Contention

Despite its protective intentions, the bill also raises concerns regarding the limits of landlord rights. Some stakeholders worry that the requirement for DOH approval could be a hindrance for landlords who may need to enforce their rights in specific situations. The potential financial consequences for landlords who violate this act, such as liable damages to hospitals for lost revenue and possible criminal penalties, has sparked discussions around the balance of power between hospital operators and property owners. As such, while the bill aims to fortify the healthcare infrastructure, it may also bring about contentious dialogues regarding property management and control.

Companion Bills

NJ A2334

Same As Requires DOH approval for adverse possessory action against hospitals.

Similar Bills

NJ A2334

Requires DOH approval for adverse possessory action against hospitals.

NJ S1160

Requires DOH approval for adverse possessory action against hospitals.

IN SB0157

Protection of property rights.

IN HB1115

Emergency possessory orders.

MI HB5765

Civil procedure: evictions; award for unlawful eviction; modify. Amends sec. 2918 of 1961 PA 236 (MCL 600.2918).

TX HB2071

Relating to certain public facilities, including public facilities used to provide affordable housing.

TX SB1278

Relating to certain public facilities used to provide affordable housing.

TX HB3568

Relating to certain public facilities used to provide affordable housing; authorizing a fee; authorizing a penalty.