[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 12-28-2011 by Ord. No. 1304. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any room or rooms or suite or apartment, including any room
or rooms in a rooming/boardinghouse, whether furnished or unfurnished,
which are occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
Any person or group of persons, firm, corporation or officer
thereof, limited liability company, partnership, association or trust
who owns or purports to own, operates or exercises control over or
is in charge of one or more rental units or any building, project
or structure containing one or more rental units.
A dwelling unit which is used, occupied or offered for occupancy
by lease, rent or otherwise to persons other than the owner. Rental
unit shall not include that portion of a rental facility, dwelling,
commercial unit or dwelling unit that is owner-occupied. For purposes
of this chapter, any dwelling unit where the dwelling unit is occupied
by a person or persons other than the owner, even if rent or other
consideration is not being charged or collected, shall be considered
a rental unit.
The occupant of a rental unit whose occupancy is recognized
by the owner and is not the result of trespass or unauthorized sublease
or assignment.
Pursuant to N.J.S.A. 20:4-4.1a, upon passage of this chapter
the Borough of Lindenwold shall create a revolving relocation assistance
fund. Monies appropriated from the fund shall be used by the Borough
of Lindenwold to provide relocation assistance pursuant to the Relocation
Assistance Act, N.J.S.A. 20:4-1 et seq. The revolving relocation assistance
fund shall receive deposits from the following actions, less any money
required to be repaid to the State of New Jersey:
A.
Any relocation costs and interest thereon paid to the Borough of
Lindenwold pursuant to § 1 of P.L. 1983, c. 536 (N.J.S.A.
20:4-4.1) by an owner of real property who has been held liable for
a civil or criminal penalty in the case of any displacement of persons
by housing or construction code enforcement;
B.
Any sums realized by the Borough of Lindenwold upon enforcement of
municipal liens or liquidation of any property acquired by virtue
of enforcement pursuant to § 1 of P.L. 1983, c. 536 (N.J.S.A.
20:4-4.1);
C.
Any sums realized by the Borough of Lindenwold in relation to any
relocation cost and interest thereon upon enforcement or liquidation
of any property acquired by virtue of enforcement and collection pursuant
to § 1 of P.L. 1984, c. 30 (N.J.S.A. 20:4-4.2);
D.
Any relocation costs and interest thereon repaid to the Borough of
Lindenwold by the owner of a structure who has given a tenant a notice
of eviction pursuant to § 3 of P.L. 1974, c. 49 (N.J.S.A.
2A:18-61.2) as a result of zoning or code enforcement activity for
an illegal occupancy;
F.
Any other sums required by law to be deposited in the revolving relocation
assistance fund.
A.
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from zoning or code enforcement activity for
an illegal occupancy as set forth in N.J.S.A. 2A:18-61.1g shall be
considered a displaced person and shall be entitled to relocation
assistance for the household as a single unit in an amount equal to
six times the monthly rent paid by the displaced person. The owner
of the rental unit from which the tenant is displaced shall be liable
for the payment of relocation assistance pursuant to this section.
This payment shall be made by the owner directly to the tenant prior
to or upon the effective date of the notice to vacate the rental unit.
B.
No tenant shall be eligible for relocation benefits if the illegal
occupancy or code violation was primarily caused by the tenant's
conduct and not by factors for which the owner is liable.
A.
The Borough of Lindenwold may, but shall not be required to, pay relocation assistance from the Borough's revolving relocation assistance fund to any displaced person that has not received the required payment under § 248-3 of this chapter from the owner of the rental unit at the time of eviction or displacement.
B.
All relocation assistance costs incurred by the Borough of Lindenwold pursuant to this section shall be repaid by the owner of the rental unit to the Borough in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and 20:4-4.2. These repayments shall be deposited into a revolving relocation assistance fund in accordance with § 248-2 hereof.
A.
In addition to requiring reimbursement from the owner-landlord of
the structure for relocation assistance paid by the Borough to a displaced
tenant, the owner shall be liable for an additional fine for zoning
or housing code violations for an illegal occupancy in an amount equal
to six times the monthly rental paid by the displaced person to be
paid to the Borough by the owner-landlord of the structure pursuant
to the provisions of N.J.S.A. 2A:18-61.1g(c).
B.
In addition to any penalty imposed by this section, for a second
or subsequent violation for an illegal occupancy, the Borough may
impose upon the owner a fine equal to the annual tuition cost of any
resident of the illegally occupied unit attending a public school,
which shall be recovered in a civil action by a summary proceeding
in the name of the Borough pursuant to the Penalty Enforcement Law
of 1999, N.J.S.A. 2A:58-10 et seq. The tuition cost shall be determined
in the manner prescribed for nonresident pupils pursuant to N.J.S.A.
18A:38-19, and the payment of the fine shall be remitted to the appropriate
school district. For purposes of this subsection, a "second and subsequent
violation for an illegal occupancy" shall be limited to those violations
that are new and are a result of a distinct and separate zoning or
code enforcement activity and shall not include continuing violations
during the period required for summary dispossession proceedings if
the owner has initiated eviction proceedings in a court of proper
jurisdiction.
