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Updated over 6 years ago on . Most recent reply

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Gerold Koch
  • Investor
  • New York City, NY
6
Votes |
36
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Is the tenant required to install radiator covers (in NJ)

Gerold Koch
  • Investor
  • New York City, NY
Posted

Hi,

A tenant asked me to install radiator covers to protect their newborn when he crawls around.

Does anyone know if this is the responsibility of the landlord?
The rental is located in NJ.

Thanks,

Gerold

Most Popular Reply

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Patrick M.
  • Rental Property Investor
  • Red Bank, NJ
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Patrick M.
  • Rental Property Investor
  • Red Bank, NJ
Replied

The pertinent part of the ruling is that the Appellate division found that NJSAC 5:10-14.3(d) requires that radiator covers be provided. A petition for certification has been granted but I do not know when the Supreme Court will hear the appeal. While I fault the father 100% (see below), I am confident the appellate division will be affirmed. 

When the accident occurred, Jimmy was about nine months old,
under the care of his father J.H., Sr. (James) and his step-mother
V.H. (Vera), staying in an apartment rented by L.C. (Linda), Vera's
sister. At some point in the early morning hours, Jimmy had
awakened while sleeping in a car seat, so his father took him to
the bedroom and placed him in a bed to sleep with his ten-year
old step-sister, after swaddling him in blankets to prevent him
from falling off the bed. The bed was adjacent to a steam-heated
iron radiator. The next morning, Jimmy's step-sister discovered
Jimmy lying on the floor with his head pressed against the hot
radiator. After being freed, Jimmy was rushed to the hospital
where it was determined he had third-degree burns over three
percent of his body surface – head, right cheek and left arm.

At the time of the motion, over five years later, the burns had
resulted in permanent scarring.
Due to the seriousness of Jimmy's injury, the Hudson County
Prosecutor's Office's (HCPO) investigated. Their investigation
revealed that the steam heat flowing into the radiator was turned
on and off from a shut-off valve at its base, and that within
approximately two minutes of opening the valve, the cool radiator
became so hot that it was unbearable to touch. The heat flowing
to the radiator could only be manually turned on or off at the
shut-off valve; there was no thermostat control in the apartment
or bedroom to stop or regulate the heat into the radiator when the
room reached a set temperature.

Father was convicted of child abuse. 

So going forward in NJ I think you are on notice- And there is no doubt for those subject to NJ inspections, that they will be looking for them.

With that being said- I find that spending a few bucks on a nice radiator cover can really sell an apartment. I put them in on renovation and people loved them:

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