Read this according to NJ law you can sue him for 6 months rent if the apartment is illegal...that should cover all your expenses.
This DOESNOT include any rent you paid, but could not live in the apartment, or your security deposit that is added to the penalty.
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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 03-27-2001 at 05:56 PM]
