[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park as indicated in article histories.
Amendments noted where applicable.]
[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.
Any one of the following shall constitute an illegal apartment
or unit:
An apartment or unit for which no certificate
of occupancy has been issued.
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.
An apartment or unit which fails to meet the
requirements of any regulation affecting the health, safety and welfare
of the general public.
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.
An apartment or unit which the owner has permitted
occupancy thereof without obtaining required plumbing, electrical
and building permits.
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.
A.
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.
B.
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.
C.
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.
D.
The owner shall also be required to return to the
tenant the security deposit, together with interest thereon.
