Connors, Rumpf & Gove Re-Introduce Bill to Reestablish COVID Legal Immunity for Senior Communities

Senator Christopher Connors, Assemblyman Brian Rumpf and Assemblywoman DiAnne Gove re-introduced legislation to prevent the expiration of legal immunity for senior communities from COVID-related lawsuits.  The law enacted on June 30 of last year which provided legal immunity from COVID-related lawsuits to senior communities and other planned real estate developments expired Jan. 1, 2022.

The District Delegation’s legislation, companion bills S-177 and A-729, would eliminate the expiration of immunity for planned real estate developments in the event of COVID-19 spread.

The 9^th District Legislative Delegation issued the following statement:

“Regrettably, the majority party legislative leadership did not post our legislation, or similar legislation, to extend the COVID legal immunity for real estate developments, such as age-restricted communities that were covered under the existing law during the Lame Duck Session which ended on Jan. 10.

“To say the least, we are highly disappointed by the majority party legislative leadership’s lack of action by ignoring this pressing issue despite broad public support.  Regardless, our delegation will continue to advocate for the extension of the COVID legal immunity in representing the interests of our constituents living in age-restricted communities who want to use their club houses without the fear of having their HOA’s sued.

“The 9thDistrict is home to tens of thousands of seniors living in senior communities.  For that reason, our delegation strongly supported the law to protect senior community homeowner associations from COVID-related lawsuits.

“Our legislation proposes to eliminate the expiration of immunity for planned real estate developments in the event of COVID-19 spread. In our opinion, this is a more effective approach to the extent that senior communities would not have to deal with this issue every year as we do not know how long COVID will remain a public health matter.

“As we have maintained and given the circumstances, COVID legal immunity for senior communities should stand indefinitely, without expiring, so as not to disrupt the lives of impacted seniors.  The issue of legal immunity for senior communities, including the quality of life for impacted seniors, has already been debated comprehensively by the Legislature.  The majority party legislative leadership, which controls the Legislature’s agenda, needs to prioritize this issue for the new legislative session.”