LEGAL UPDATES -
UPDATE - July 2025
New Jersey Clarifies Publication Requirements for Storage Operators
New Jersey Governor Phil Murphy signed Senate Bill 4654 into law on June 30, 2025, and it took effect immediately. It addresses newspaper advertising and public notice requirements for public entities and private businesses, including self storage operators.
First, the new law extends the current “stopgap” provision and states that any person complying with a legal requirement, including a self storage auction advertisement, may use a newspaper eligible for the same purposes from January 1, 2025 to [June 30, 2025] March 1, 2026 if the newspaper’s publication is in print or electronic format. Additionally, the price for the advertisement may not exceed the rates established pursuant to New Jersey R.S.35:2-1. Those rates may be viewed here.
Until March 1, 2026, the law also permits owners to use an “online news publication”. Online news publication is defined in the statute to mean a news publication in electronic format that contains news on matters of public concern and has published news predominantly in the English language at least once per week for at least one year continuously. Additionally, the law lists several additional requirements that an entity must fulfil to be deemed an “online news publication.”
If any operator does not have a print or electronic format newspaper or an online news publication in their area of operation, while imperfect, they may post the advertisement at least 10 days before the date of sale in at least six (6) conspicuous places in the neighborhood where the storage facility is located.
After March 1, 2026, storage owners will be required to solely use an “online news publication.”
To ensure compliance with the legal mandate, we recommend that storage owners request written confirmation of that status from the publication that claims to meet the legal standard for an online news publication. That confirmation should be retained in the owner’s records.
This bill is an imperfect solution to this issue for New Jersey storage operators; however, it resolves the uncertainty stemming from a slew of newspaper closures and provides a path to compliance for lien sales.
The SSA and NJSSA will continue to explore other legislative options to eliminate the advertising requirement or allow operators to advertise on online auction websites.
If you have any questions, please contact Joe Doherty or Daniel Bryant.
UPDATE - June 18, 2024
Amendments to the Truth-in-Renting Act and the Consumer Fraud Act took effect earlier this year. Those amendments require sellers and landlords to make notifications to prospective buyers and renters regarding flooding.
Covered landlords means any person who rents or leases commercial space or dwelling units, for a term of at least one-month. This includes self storage owners and operators.
Covered landlords must disclose, prior to the tenant signing a lease or lease extension, whether a property is in a FEMA Special Flood Area (“100-year floodplain) or Moderate Risk Flood Hazard Area (“500-year floodplain”) or if the landlord has actual knowledge that the rental premises or any portion of the parking areas has been subject to flooding.
NJ-SSA members may use this search tool to determine if their facility is in a flood area.
Each tenant must be provided with notice in writing prior to signing the rental agreement. If the lease is in writing, the notice may be included in the written lease or the written lease renewal.
Here is a copy of the notice. Importantly, the notice must be provided regardless of whether the property is in a flood area.
If a landlord fails to disclose that the property is in a FEMA Special or Moderate Risk Flood Hazard Area and a tenant subsequently becomes aware that the property is in one of those areas, the tenant may terminate the lease by giving a written notice of termination to the landlord.
No later 30 days after the termination date, the landlord must refund all rent or other amounts paid in advance under the lease for any period after the termination date of the lease.
Further, a seller of real property, including a self storage facility, must disclose on the property condition disclosure statement whether the property is located in the FEMA Special or Moderate Risk Flood Hazard Area.
Here is a copy of the seller’s required disclosure.
NJ-SSA members who have not already done so should amend their rental agreements to include the required notice information. Alternatively, standalone notices should be sent to tenants as soon as possible.
SUMMER 2022
Newspaper advertising. The SSA and NJ-SSA are pursuing a bill during the 2022 legislative session to eliminate the costly and ineffective newspaper advertising requirement in the state. Current New Jersey law requires two advertisements in the newspaper before an operator may proceed to sale. The proposed amendments would permit storage operators to bypass the newspaper advertising requirement. Instead, owners would be permitted to advertise in a commercially reasonable manner. An advertisement is deemed commercially reasonable if at least three (3) independent bidders attend the sale in person or online at the time and place advertised.
Lien Law Threat. In response to biased media coverage of storm damage at a facility in New Jersey, S. 213 was introduced. If passed, the bill would negatively affect an owner’s ability to deny occupant access to personal property under certain circumstances. NJ-SSA and SSA are working to stop the bill.
August 2021
The New Jersey Warehousemen & Movers Association recently launched a public awareness campaign to highlight the dangers of using an unlicensed moving company. NJSSA members should ensure that they are only doing business with licensed movers.
NJSSA members log in HERE to view the list of licensed movers and a column from the Self Storage Legal Network provides insightful analysis on how and whether to do with movers asking to store their clients’ property.
Not a NJSSA member, join HERE to access critical information and member only resources.
January 2021
BUILDING CODES UPDATE
Changes to the International Building Code Affect Self Storage
With the support of its Code Committee, the Self Storage Association successfully pursued several key changes to the 2021 International Building Code.
- An exception has been added to IBC Section 2902.3.3 to permit an increase in the location (to greater than every other floor) and maximum distance of travel (to greater than 500 ft) for restrooms. The location and travel distance must be approved by the code official.
- The maximum allowable height of sprinklered facilities made of Type IIB materials (unprotected steel) and Type IIIB materials (noncombustible or fire-retardant-treated wood stud exterior walls and any interior construction) has been increased from 3 stories to 4 stories. The Code continues to have total floor and building square footage limits.
- Pursuant to modified IBC Section 903.2.9, storage facilities are exempt from the automatic sprinkler system requirement if: (1) the total fire area is 12,000 sq. ft. or less; (2) the combined total fire areas are 24,000 sq. ft. or less; (3) the facility is no greater than one story above grade plane; and (4) all storage spaces are accessed directly from the exterior.
These changes go into effect as they are adopted by local and state governments over the next several years. Prior to the adoption on the local and state level, storage developers can request that the code official rely on the 2021 changes as acceptable alternative methods of construction pursuant to section 104.11 of the existing International Building Code.
Please email Joe Doherty with any questions or to receive supporting documentation for these changes.
August 6, 2020
Disaster Readiness Resources
As an NJSSA member you have access to a large library of information, resources and legal help related to preparing and navigating through disasters.
Click here to access the complete library on the national SSA website. Topics include:
- Price Gouging Laws
- Emergency Preparedness
- Water and Humidity
- Insurance
- Legal Help, Self Storage Legal Network , Affiliate Plan
- Communication Plan and More!
Click here for your state’s emergency management agency.
Click here for the complete communication that was sent to members.