[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park as indicated in article histories. Amendments noted where applicable.]
Unfit buildings — See Ch. 142.
Certificates of compliance — See Ch. 153.
Construction codes — See Ch. 160.
Fire prevention — See Ch. 188.
Housing standards — See Ch. 225.
Property maintenance — See Ch. 287.
Rent control — See Ch. 297.
[Adopted 9-13-1994 by Ord. No. 11-94 (Ch. 158, Art. I, of the 1985 Code)]
This article shall be known as the "Illegal Apartment Ordinance of the Village of Ridgefield Park."
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- That portion of a dwelling rented or offered for rent for living and dwelling purposes, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
- ILLEGAL APARTMENT UNIT
- Any one of the following shall constitute an illegal apartment or unit:
- A. An apartment or unit for which no certificate of occupancy has been issued.
- B. An apartment or unit which would exceed the number of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Village.
- C. An apartment or unit which fails to meet the requirements of any regulation affecting the health, safety and welfare of the general public.
- D. An apartment or unit which fails to satisfy the requirements of the Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) or any other statute, ordinance or regulation governing multiple dwellings.
- E. An apartment or unit which the owner has permitted occupancy thereof without obtaining required plumbing, electrical and building permits.
- F. Any other apartment or unit deemed by an official of a government agency or by judicial decree to be in violation of any state, county or municipal regulation.
- The holder or holders of the title to the premises in fee simple or having charge, care or control of the premises, as owner or agent of the owner or as executor, administrator, trustee, receiver or guardian of the estate or as mortgagee in possession, regardless of how such possession was obtained.
- Any person residing with the consent of the owner in an apartment or unit of housing space.
No owner shall charge, demand, receive or accept any rent or other payment for the use or occupancy of any apartment or unit within the Village of Ridgefield Park in violation of this article. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense.
Within 10 days following the earlier of the receipt of a notice to abate an unlawful occupancy in violation of this article, a summons for violation of this article or the institution of dispossess proceedings to correct an illegal occupancy, the owner of a premises shall serve upon all of the unlawful tenants a copy of the within article and shall post a copy of this article in a common area of the premises accessible to all the occupants for inspection.
Any owner of a premises who rents an apartment or unit to a tenant, where such tenant is thereafter required to vacate such apartment or unit because the same has been declared illegal, shall reimburse the tenant for all reasonable expenses incurred by the tenant, including moving expenses not to exceed $750, plus additional expenses incurred by the tenant representing deposits for utility service.
The owner shall also be required to return to the tenant the security deposit, together with interest thereon.