Bill Text: NJ S129 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes imposition of additional fines for overcrowding.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-06-21 - Reported from Senate Committee, 2nd Reading [S129 Detail]
Download: New_Jersey-2010-S129-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
Senator NIA H. GILL
District 34 (Essex and Passaic)
Co-Sponsored by:
Senators Singer, Scutari, Ciesla, Kyrillos, Girgenti, Sweeney, Lesniak, Sarlo, Allen, Turner and Bateman
SYNOPSIS
Authorizes imposition of additional fines for overcrowding.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the overcrowding of certain dwelling units, supplementing and amending chapter 18 of Title 2A of the New Jersey Statutes and amending R.S.40:49-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The governing body of a municipality may adopt an ordinance authorizing the issuance of summonses upon the owner-landlord and the tenants of a residential rental unit in a building containing four or fewer residential rental units alleging a zoning or housing code violation for illegal occupancy resulting in overcrowding.
b. The ordinance may authorize the imposition of a fine upon a determination of illegal occupancy resulting in overcrowding, in addition to any other fine provided by law, in the amount of up to $2,500 for a first violation, $5,000 for a second violation and $10,000 for each subsequent violation.
c. Fines authorized pursuant to subsection b. of this section may be imposed upon the owner-landlord or the tenants, or both, dependent upon whether the conduct of the owner-landlord or the tenants, or both, was the primary cause for the illegal occupancy resulting in overcrowding, provided the provisions of subsection h. of this section have been met. In order for the conduct of the tenants to be deemed the primary cause for the illegal occupancy, it must be established (1) that the tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease, and that (3) any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
d. Owner-occupied property shall be exempt from the fines authorized pursuant to subsection b. of this section, except where the owner-landlord of the owner-occupied dwelling is renting rooms or apartments in violation of local ordinances or State law.
e. An ordinance adopted pursuant to subsection a. of this section shall provide for the issuance of a notice of violation with a period of time to abate the alleged violation. In the event the violation is not abated within the period of time provided, a summons against the owner-landlord or the tenant, or both, may be issued.
f. Notwithstanding the provisions of subsection e. of this section, if an owner-landlord has issued a notice to cease to eliminate overcrowding or unauthorized occupancy of a residential unit that is the subject of a notice of violation, and the owner-landlord files a copy of the notice to cease and an affidavit of good faith with the municipality, no summons shall issue against an owner-landlord for six months from the date of service of the notice to cease. At the end of that six-month period, if the overcrowding or unauthorized occupancy of the residential unit has not been eliminated, and no eviction proceeding is pending, then a summons may be issued against the owner-landlord.
g. The service of a notice to cease to eliminate overcrowding or unauthorized occupancy no more than six months prior to the service of a summons or notice of violation under this section, whether or not the owner-landlord prevails, shall serve as a defense by the owner-landlord to any summons, notice, violation, action or proceeding under this section against the owner-landlord before any court or administrative agency.
h. A fine shall not be imposed upon an owner-landlord or a tenant unless the parties have been afforded an opportunity for a hearing, before a court of competent jurisdiction, allowing for independent determinations of the existence of overcrowding and the responsibility for the overcrowding. In order for it to be determined that a tenant is responsible for the overcrowding, it must be established (1) that the tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease, and that (3) any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord. The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the fines provided by this section.
i. This section shall not apply to a seasonal rental unit.
j. For the purposes of this section:
"affidavit of good faith" means an owner-landlord's sworn statement that (1) the tenant signed a lease or was provided a written copy of the rental policy in which the number of intended occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements or rental policy, and that (3) any additional occupants in excess of the number of occupants specified became residents of the rental unit without the consent of the owner-landlord.
"applicable code requirements" means standards governing the occupancy of space adopted by the Department of Community Affairs pursuant to the State Housing Code, promulgated pursuant to P.L.1966, c.168 (C.2A:42-74 et seq.) or the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).
"overcrowding" means occupancy in excess of the standards governing the use and occupancy of space and floor area adopted by the Department of Community Affairs pursuant to the State Housing Code, promulgated pursuant to P.L.1968, c. 168 (C.2A:42-74 et seq.), or the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).
"owner-landlord" shall not include a mortgagee in possession through foreclosure.
"rental policy" means any documents including, but not limited to, a lease agreement, rental application, rules and regulations, or rules of conduct established by the owner-landlord that creates maximum occupancy limits for the rental unit.
"seasonal rental unit" means use or rental for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. "Seasonal rental unit" does not mean use or rental of living quarters for seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed. The owner-landlord shall have the burden of proving that the use or rental of the residential property is seasonal.
"second violation" or "subsequent violation" for illegal occupancy resulting in overcrowding shall be limited to those violations that are issued within five-years of a prior violation, are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
2. Section 2 of P.L.1974, c.49 (C.2A:18-61.1) is amended to read as follows:
2. No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except upon establishment of one of the following grounds as good cause:
a. The person fails to pay rent due and owing under the lease whether the same be oral or written; provided that, for the purposes of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent.
b. The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood.
c. The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises.
d. The person has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term.
e. (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term.
(2) In public housing under the control of a public housing authority or redevelopment agency, the person has substantially violated or breached any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses of controlled dangerous substances, or other illegal activities, whether or not a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement conforms to federal guidelines regarding such lease provisions and was contained in the lease at the beginning of the lease term.
f. The person has failed to pay rent after a valid notice to quit and notice of increase of said rent, provided the increase in rent is not unconscionable and complies with any and all other laws or municipal ordinances governing rent increases.
g. The landlord or owner (1) seeks to permanently board up or demolish the premises because he has been cited by local or State housing inspectors for substantial violations affecting the health and safety of tenants and it is economically unfeasible for the owner to eliminate the violations; (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations affecting the health and safety of tenants and it is unfeasible to so comply without removing the tenant; simultaneously with service of notice of eviction pursuant to this clause, the landlord shall notify the Department of Community Affairs of the intention to institute proceedings and shall provide the department with such other information as it may require pursuant to rules and regulations. The department shall inform all parties and the court of its view with respect to the feasibility of compliance without removal of the tenant and may in its discretion appear and present evidence; (3) seeks to correct an illegal occupancy because he has been cited by local or State housing inspectors or zoning officers and it is unfeasible to correct such illegal occupancy without removing the tenant; or (4) is a governmental agency which seeks to permanently retire the premises from the rental market pursuant to a redevelopment or land clearance plan in a blighted area. In those cases where the tenant is being removed for any reason specified in this subsection, except for overcrowding where the tenant's own conduct was the primary cause of the overcrowding, no warrant for possession shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362 (C.20:4-1 et seq.) have been complied with. In order for the conduct of a tenant to be deemed the primary cause for overcrowding, it must be established (1) that the tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease, and that (3) any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
For the purposes of this subsection:
"applicable code requirements" means standards governing the occupancy of space adopted by the Department of Community Affairs pursuant to the State Housing Code, promulgated pursuant to P.L.1966, c.168 (C.2A:42-74 et seq.) or the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), and
"rental policy" means any documents including, but not limited to, a lease agreement, rental application, rules and regulations, or rules of conduct established by the owner-landlord that creates maximum occupancy limits for the rental unit.
h. The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park, provided this subsection shall not apply to circumstances covered under subsection g. of this section.
i. The landlord or owner proposes, at the termination of a lease, reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof, which the tenant, after written notice, refuses to accept; provided that in cases where a tenant has received a notice of termination pursuant to subsection g. of section 3 of P.L.1974, c.49 (C.2A:18-61.2), or has a protected tenancy status pursuant to section 9 of the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.30), or pursuant to the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in the terms and conditions of the lease, rental or regulations both is reasonable and does not substantially reduce the rights and privileges to which the tenant was entitled prior to the conversion.
j. The person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing.
k. The landlord or owner of the building or mobile home park is converting from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection l. of this section. Where the tenant is being removed pursuant to this subsection, no warrant for possession shall be issued until this act has been complied with. No action for possession shall be brought pursuant to this subsection against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.), or against a qualified tenant under the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), as long as the agency has not terminated the protected tenancy status or the protected tenancy period has not expired.
l. (1) The owner of a building or mobile home park, which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. However, no action shall be brought against a tenant under paragraph (1) of this subsection unless the tenant was given a statement in accordance with section 6 of P.L.1975, c.311 (C.2A:18-61.9);
(2) The owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began by rental from an owner of three or less units after the master deed or agreement establishing the cooperative was recorded, because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing;
(3) The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing.
m. The landlord or owner conditioned the tenancy upon and in consideration for the tenant's employment by the landlord or owner as superintendent, janitor or in some other capacity and such employment is being terminated.
n. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person harboring or permitting a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said act. No action for removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.
o. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years after the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.
p. The person has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord, or under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who committed such an offense, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person who harbors or permits a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said "Comprehensive Drug Reform Act of 1987."
q. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors therein a person who has been so convicted or has so pleaded, or otherwise permits such a person to occupy those premises for residential purposes, whether continuously or intermittently.
r. The person's conduct was the primary cause for overcrowding or unauthorized occupancy and the person has continued, after a written notice to cease, to permit overcrowding or unauthorized occupancy of a residential unit. For the purposes of this subsection, overcrowding or unauthorized occupancy of a residential unit shall be deemed to be the responsibility of the tenant if it is established (1) that the tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease, and that (3) any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
For the purposes of this subsection:
"applicable code requirements" means standards governing the occupancy of space adopted by the Department of Community Affairs pursuant to the State Housing Code, promulgated pursuant to P.L.1966, c.168 (C.2A:42-74 et seq.) or the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), and
"rental policy" means any documents including, but not limited to, a lease agreement, rental application, rules and regulations, or rules of conduct established by the owner-landlord that creates maximum occupancy limits for the rental unit.
For purposes of this section, (1) "developmental disability" means any disability which is defined as such pursuant to section 3 of P.L.1977, c.82 (C.30:6D-3); (2) "member of the immediate family" means a person's spouse, parent, child or sibling, or a spouse, parent, child or sibling of any of them; and (3) "permanently" occupies or occupied means that the occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or property taxes are paid on the occupant's behalf.
(cf: P.L.2000, c.113, s.3)
3. Section 3 of P.L.1993, c.342 (C.2A:18-61.1g) is amended to read as follows:
3. a. A municipality may enact an ordinance providing that any tenant who receives a notice of eviction pursuant to section 3 of P.L.1974, c.49 (C.2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), except for overcrowding where the tenant's own conduct was the primary cause of the overcrowding, shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.
b. A municipality that has enacted an ordinance pursuant to subsection a. of this section may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to subsection a. of this section from a revolving relocation assistance fund established pursuant to section 2 of P.L.1987, c.98 (C.20:4-4.1a). All relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed and collected under section 1 of P.L.1983, c.536 (C.20:4-4.1) and section 1 of P.L.1984, c.30 (C.20:4-4.2). These repayments shall be deposited into the municipality's revolving relocation assistance fund.
c. A municipality that has enacted an ordinance pursuant to subsection a. of this section, in addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid to a displaced tenant, may require that an additional fine for zoning or housing code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, be paid to the municipality by the owner-landlord of the structure.
In addition to this penalty, a municipality, after affording the owner-landlord an opportunity for a hearing on the matter, may impose upon the owner-landlord, for a second or subsequent violation for an illegal occupancy, a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.18A:38-19 and the payment of the fine shall be remitted to the appropriate school district.
d. For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure.
For the purposes of this section, a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
(cf: P.L.1999, c.425, s.1)
4. Section 4 of P.L.1993, c.342 (C.2A:18-61.1h) is amended to read as follows:
4. a. If a residential tenant is displaced because of an illegal occupancy in a residential rental premises pursuant to paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) , except for overcrowding where the tenant's own conduct was the primary cause of the overcrowding, and the municipality in which the rental premises is located has not enacted an ordinance pursuant to section 3 of P.L.1993, c.342 (C.2A:18-61.1g), the displaced residential tenant shall be entitled to reimbursement for relocation expenses from the owner in an amount equal to six times the monthly rental paid by the displaced person.
b. Payment by the owner shall
be due five days prior to the removal of the displaced tenant. If payment is
not made within this time, interest shall accrue and be due to the displaced
residential tenant on the unpaid balance at the rate of 18% per annum until the
amount due and all interest accumulated thereon shall be paid in full.
c. If reimbursement for which an owner is liable is not paid in full within 30 days of removal of the tenant, the unpaid balance thereof and all interest accruing thereon and, in addition thereto, an amount equal to six times the monthly rental paid by the displaced tenant shall be a lien upon the parcel of property on which the dwelling of the displaced residential tenant was located, for the benefit of that tenant. To perfect the lien, a statement showing the amount and due date of the unpaid balance and identifying the parcel shall be recorded with the county clerk or registrar of deeds and mortgages of the county in which the affected property is located, and upon recording, the lien shall have the priority of a mortgage lien. Identification of the parcel by reference to its designation on the tax map of the municipality shall be sufficient for purposes of recording. Whenever the unpaid balance and all interest accrued thereon has been fully paid, the displaced residential tenant shall promptly withdraw or cancel the statement, in writing, at the place of recording.
d. This section shall not authorize the enforcement of a lien for actual reasonable moving expenses with respect to any real property the title to which has been acquired by a municipality and which has been transferred pursuant to a rehabilitation agreement.
e. For the purposes of this section, the owner of a structure shall exclude mortgagees in possession of a structure through foreclosure.
(cf: P.L.1993, c.342, s.4)
5. Section 3 of P.L.1974, c.49 (C.2A:18-61.2) is amended to read as follows:
3. No judgment of possession shall be entered for any premises covered by section 2 of [this act], P.L. 1974, c. 49 (C.2A:18-61.1) except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises. The following notice shall be required:
a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice prior to the institution of the action for possession;
b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession;
c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action;
d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;
e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action;
f. For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;
g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires;
h. In public housing under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases;
i. For an action alleging overcrowding or unauthorized occupancy under subsection r. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), one month's notice prior to the institution of the action for possession.
The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.
(cf: P.L.1997, c.228, s.2)
6. R.S.40:49-5 is amended to read as follows:
40:49-5. The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000 unless a fine in excess of $2,000 is specifically authorized by statute; or by a period of community service not exceeding 90 days.
The governing body may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
The governing body may prescribe that for the violation of an ordinance pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000.
The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in such ordinance.
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
Any municipality which chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance may waive the additional fine by ordinance or resolution.
Any person convicted of the violation of any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(cf: P.L.2005, c.269, s.1)
7. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill would allow municipalities to adopt ordinances authorizing the issuance of summonses upon certain landlords and tenants alleged to have violated occupancy requirements resulting in overcrowding. The bill would allow for the imposition of fines upon a culpable landlord or tenant of up to $2,500 for a first violation, $5,000 for a second violation, and $10,000 for each subsequent violation. These fines would be in addition to any other fines or penalties authorized by law. The bill would require that a hearing be held before any fines could be imposed. The bill would not be applicable to seasonal rentals or to buildings with more than four residential rental units.
Many municipalities have adopted resolutions petitioning the Legislature to authorize municipalities to impose enhanced penalties, asserting that fines and penalties authorized under current law are inadequate disincentives to deter landlords and tenants from engaging in this offensive, yet lucrative, practice.
The bill would also clarify existing law by distinguishing between illegal occupancies resulting in overcrowding that are caused by landlords and those that are caused by tenants, specifying that landlords are not obligated to pay tenant relocation costs when the tenant's own conduct is the primary cause for the overcrowding. This is consonant with the holdings in Haddock v. Dept. of Community Development, City of Passaic, 217 N.J.Super. 592 (App. Div. 1987) and M.C.Associates v. Shah, 226 N.J.Super. 173 (App. Div. 1988).
The bill would also give landlords the right to an expedited eviction when a tenant's conduct was the primary cause of overcrowding in excess of the occupancy allowed under the lease or State law.
The bill also establishes new standards to be utilized in determining whether a tenant has been the primary cause of overcrowding or illegal occupancy. The bill provides that in order for the conduct of the tenants to be deemed the primary cause for the illegal occupancy or overcrowding, it must be established (1) that the tenant signed a lease or was provided a written copy of the rental policy in which the number of intended occupants was specified, (2) that the number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease, and (3) that any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
