New Jersey Moves to Strengthen Window Safety Laws After Tragic High-Rise Death of Toddler

After a 2-year-old toddler died in November after falling from a 20-story apartment building, Newark and New Jersey lawmakers are promoting housing safety reforms. The tragic catastrophe has prompted urgent legislative and executive action to avert similar tragedies in residential high-rise buildings across the state.

On Feb. 19, state Senator Britnee Timberlake introduced Senate Bill S3633 as the “Justin Christian El-Abiad Act” in honor of the kid. New Jersey multi-unit rental buildings would have stronger window guard standards under the proposed legislation. The bill targets multi-dwelling structures, not single-family residences.

State law requires landlords to install window guards once tenants request them in writing. Senator Timberlake would eliminate that requirement. Instead, landlords would automatically install window guards in apartments with children under 13 or disabled people. This amendment focuses accountability on property owners, not families, say lawmakers.

The proposal requires window guards to meet safety standards. The bill requires guards to have a state-compliant chime or other sound-producing safety feature. The bill also states that guards must be put even if a window opens differently.

The law expands oversight and enforcement. It requires city inspections of rental buildings more often and stiffer penalties for noncompliance. If a window breaks, landlords must move tenants until repairs are performed. The bill also penalizes landlords for negligent murder if safety violations cause another fatality.

Newark corporation lawyer Kenyatta Stewart introduced related measure A4483 in the General Assembly. Assemblyman Chigozie Onyema co-sponsors. Supporters say many families are unaware they must seek window guards under present legislation and that basic safety protections should not depend on renters knowing the laws.

The Senate Community and Urban Affairs Committee is reviewing the Senate measure. The Assembly version awaits committee recommendation.

Newark Mayor Ras J. Baraka signed an executive order naming the city’s worst landlords annually. Property owners who consistently violate housing, safety, inspection, and registration rules will be listed. City officials say the purpose is to promote transparency, hold landlords accountable, and notify tenants about building issues.

After Justin Christian El-Abiad fell from an Elizabeth Towers apartment on Elizabeth Avenue in Newark on Nov. 15, these actions were taken. Later, the child’s mother sued 455 Elizabeth Avenue LLC in Essex County Superior Court.

Instead of glass, the apartment windows had thin Plexiglas sheets affixed to window frames, the complaint stated. The lawsuit claims building management knew the materials were harmful. The complaint also states that a Plexiglas window blew off its frame and fell in March 2021, and that the mother had previously voiced window safety issues with building workers.

Newark officials sued the property six days after the child’s death, citing inadequate windows, vermin infestation, and other risks. Court records suggest breaches went uncorrected for three months.

A building owner’s attorney did not reply to demands for comment. The family’s attorney says the mother has left the building and is raising her two children.

A blizzard postponed the child’s burial, which was to be preached by civil rights activist Al Sharpton.

New Jersey has prioritised window safety before. After another youngster fell from a high-rise building in East Orange, former state assemblyman and New Jersey Democratic State Committee chairman LeRoy Jones revealed he had introduced identical legislation years earlier. Lawmakers believe the renewed effort shows a commitment to closing housing safety deficiencies and preventing deaths.

Supporters of the present law say the tragedy emphasizes housing monitoring, building maintenance, and tenant protections in highly populated urban regions. By requiring automated window guard installation and increasing inspections, state and municipal officials hope to make child safety a requirement.

Families, housing advocates, and lawmakers are closely following the planned improvements via the legislative process. For many, the goal is to implement fundamental safety measures before another needless catastrophe.

Sources:
New Jersey State Senate
New Jersey General Assembly
City of Newark Official Announcements
Superior Court of Essex County Records

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