Quick Answer
S4365 is a pending bill, not law. Introduced in the New Jersey Senate on May 28, 2026, it would let a municipality, by ordinance, exclude duplexes and certain small rows of townhouses in planned real estate developments from the structural inspection requirements of P.L.2023, c.214.
Until a bill like this is enacted, the existing structural integrity law applies as written. Boards should not assume any building is exempt because of a proposal.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | S4365, 222nd Legislature (2026 session); sponsor Senator Raj Mukherji (District 32, Hudson) |
| Status | Not law. Introduced May 28, 2026. A bill-tracking page lists referral to the Senate Community and Urban Affairs Committee; we did not confirm any later action on the Legislature's own status page |
| Proposed effective date | "This act shall take effect immediately" |
| Would apply to | Duplexes and small-row townhouses in planned real estate developments, only in municipalities that adopt an ordinance |
| Law it would change | P.L.2023, c.214 (C.52:27D-132.2 et al.), the structural integrity law, as amended by P.L.2025, c.132 |
| Remedy or penalty | None stated; the bill narrows who must get inspections |
What the Bill Would Do
The introduced text has three sections. Section 1 is new: "A municipality may, by ordinance of the governing body, exclude duplexes or small-row townhouses, or both, within the municipality's boundaries from the structural inspection requirements established pursuant to section 3 of P.L.2023, c.214 (C.52:27D-132.4)."
Section 2 amends the definitions section of the structural integrity law (section 2 of P.L.2023, c.214). The changes are:
- Adds a definition of "duplex": a building in which exactly two residential units are occupied, or intended to be occupied, by two households living independently of each other.
- Adds a definition of "small-row townhouse": a dwelling unit for one household, built in a group of exactly three attached units, each extending from foundation to roof, with a yard or public way on at least two sides.
- Adds a definition of "single-family home" (a building with exactly one residential unit for one household).
- Adds to the list of "excluded structures" a duplex or small-row townhouse that has been excluded by a municipal ordinance under section 1.
Section 3 makes the act effective immediately. The bill's statement says the structural integrity law "already excludes single-family homes" without municipal action, and the bill would add the municipal option for duplexes and three-unit townhouse rows.
What Current Law Still Is
The bill text shows the current definition of a "covered building" as "a residential condominium or cooperative building that has a primary load bearing system that is comprised of a concrete, masonry, steel, or hybrid structure." The current list of excluded structures includes frame-built (ISO Type 1) construction with combustible walls or roofs, certain buildings with ancillary elements, rental buildings that are not condominiums or cooperatives, and single-family dwellings. See our pages on the covered-building inspection section and P.L.2023, c.214 for the enacted requirements.
Our reading: because many duplexes and small townhouse rows are frame-built, some may already fall outside the "covered building" definition. The bill does not say why it is needed or how many buildings it would affect. Whether a particular building is covered is a question for the association's engineer and counsel.
What This Means in Practice
For boards
Nothing changes today. If your community includes duplexes or three-unit townhouse rows, do not delay inspection planning or reserve study work on the strength of this proposal. If it passes, nothing in the introduced text exempts a building automatically: the municipality would have to adopt an ordinance first.
For owners
An exemption, if enacted and adopted locally, would affect inspection obligations. The introduced text does not address how it would affect reserve funding, which is governed by separate sections of P.L.2023, c.214. Our reading: the bill does not touch the reserve provisions, but the text should be checked again if the bill is amended.
Open questions
- Whether the bill will receive committee action or an Assembly companion.
- How a municipality's ordinance would interact with inspections already completed or scheduled.
- Whether amendments would change the definitions of duplex or small-row townhouse.
A possible second bill
Our inventory noted a separate bill-tracking entry for an Assembly bill introduced May 18, 2026, described as modifying inspection processes for condominium and cooperative owners. We could not identify its number or read its text, so we do not describe it here. It may or may not be related to S4365.
Timeline
| Date | Event |
|---|---|
| 2023 | P.L.2023, c.214 enacted (structural integrity and reserve law) |
| 2025 | P.L.2025, c.132 amends the definitions (cited as the prior amendment in the bill text) |
| May 28, 2026 | S4365 introduced |
Related New Jersey Law
- N.J.S.A. 52:27D-132.4: covered building inspections
- P.L.2023, c.214: structural integrity and reserve law
- P.L.2025, c.132: reserve funding amendments
- DCA structural integrity and reserve FAQ
- S146 and A318: structural reserve narrowing
- New Jersey HOA laws and regulations
Board Checklist
- Confirm with your engineer whether each building type in your community is a "covered building" under current law.
- Keep inspection and reserve study planning on its current schedule.
- Note in minutes that S4365 is a pending proposal, not law.
- Check the Legislature's bill page for S4365 before relying on any summary, including this one.
- If your municipality considers an ordinance, ask counsel what it would cover before the board takes a position.
- Tell owners clearly that no exemption exists today.
Frequently Asked Questions
Is S4365 law?
No. It was introduced on May 28, 2026. We found no record that it passed either house.
Would it exempt every duplex and townhouse?
No. As introduced, it would only let a municipality exclude duplexes, small-row townhouses, or both by ordinance. A small-row townhouse means a group of exactly three attached units.
Are single-family homes covered by the inspection law?
The bill's statement says the current law already excludes single-family homes without municipal action, and the current excluded-structure list in the bill text includes "a single-family dwelling."
Would the bill change reserve requirements?
Not in the introduced text. It amends definitions and adds a municipal exclusion from inspection requirements. Reserve rules sit in other sections of P.L.2023, c.214.
When would it take effect?
The introduced text says immediately upon enactment, but a municipal exclusion would still require a local ordinance.
Who sponsored it?
Senator Raj Mukherji of District 32 (Hudson).
Where This Comes From
We read the introduced text of S4365 (222nd Legislature, introduced May 28, 2026) at pub.njleg.gov. The committee referral comes from a bill-tracking page seen in search results; the Legislature's status page was not read, so later action is unconfirmed. We did not read any amended version.
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.
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