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Code Violations and My Rights!

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Z

ZARKO

Guest
I just found out after 4.5 years of living in my 2 floor attic apartment (in New Jersey) that there are code violations rendering my living space on the top floor "unlivable" and needs to be brought back to it's original condition.

Apparently, the landord made major modifications to the apartment without the proper building permits and got caught by the building inspector.

He has since told me I cannot sleep on the 3rd floor and that I have to move to the 2nd floor thereby asking me to stick 3lbs of sardines into a 1 lb can as I have my 3 kids living on the 2nd floor.

He continuously calls me wanting to "demolish" the 3rd floor and told me he'd give me a whole $100.00 off on my rent.

What are my rights? What can he do and not do. Please HELP!
 


M

mary hartman

Guest
The Landlord could be liable to PAY YOU 6 months rent if he wants to evict, and thats a good possiblity

You should see a landlord tenant lawyer tomorrow, take a sick day or a personal day.

and can start reading this:

===================

New Jersey Permanent Statutes
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:18-61.1g Relocation of displaced tenant; violations, penalty.


2A:18-61.1g Relocation of displaced tenant; violations, penalty.

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), 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.

L.1993,c.342,s.3; amended 1999, c.425.

2A:18-61.1h. Reimbursement to displaced tenant
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) 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.

L.1993,c.342,s.4.

2A:18-61.2 Removal of residential tenants; required notice; contents; service.

3. No judgment of possession shall be entered for any premises covered by section 2 of this act, 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.

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.

L.1974,c.49,s.3; amended 1975, c.311, s.2; 1981, c.8, s.2; 1986, c.138, s.1; 1989, c.294, s.2; 1997,c.228,s.2.





[Edited by mary hartman on 03-25-2001 at 08:19 PM]
 
Z

ZARKO

Guest
Definetly Have a Lease

Thanks very much for your dillegence. That was the answer I was looking for. You've been a BIG help.
 
M

mary hartman

Guest
I hope you NAIL that *%$#$% Landlord!

Take that staute to a lawyer and see what you can do...

YOU were lied to, and you should get compensation for all of your troubles.....

OH dont forget to get ALL yes ALL of your security back, that is NOT included in the 6 months penalty,
 
Z

ZARKO

Guest
You're the BEST!

Thanks again Mary. You've been a very large help. I'll let you know how this mess turns out.

Sam
 

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