[HISTORY: Adopted by the Mayor and Council of the Borough
of Hasbrouck Heights 8-23-2016 by Ord. No. 2365. Amendments noted where applicable.]
The purpose of this chapter is to discourage and penalize real estate property owners from operating and creating apartments contrary to the Construction Codes (Chapter 119), the Zoning Ordinances (Chapter 275) or any other applicable state, county or municipal regulation and provide for the relocation of the tenants displaced by the enforcement of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A room or group of related rooms set apart from the other
rooms of a building and used as a dwelling unit by persons other than
those dwelling in or using the other rooms.
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 Ordinances, Construction Codes[1] or under any of the conditions of any approvals granted
by a Land Use Board of the Borough.
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[2] or any other statute, ordinance or regulation governing
multiple dwellings.
An apartment or unit which the owner has permitted occupancy
thereof without obtaining therefor required plumbing, electrical and
building permits.
Any other apartment or unit deemed by the Construction Code
Official or any governmental 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 of the title holder or a 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.
In the case of displacement of any person(s) by enforcement of this
chapter or other applicable laws or regulations, any owner of real
property who, in violation of law or ordinance, has rented an apartment
or unit to such persons(s), shall pay to the Borough of Hasbrouck
Heights all relocation costs incurred pursuant to the Relocation Assistance
Law, N.J.S.A. 52:31B-1 et seq., upon presentation to the owner of
a statement of such relocation costs and the date upon which said
costs are due and payable.
B.
In the event that the relocation costs to be paid to the Borough
of Hasbrouck Heights with regard to any parcel of real property shall
not be paid within 10 days after the date due, interest shall accrue
and be due to the Borough of Hasbrouck Heights on the unpaid balance
at the rate of 18% per annum until the costs, and the interest thereon,
shall be fully paid to the Borough of Hasbrouck Heights.
C.
In the event that the relocation costs to be paid to the Borough
of Hasbrouck Heights with regard to any parcel of real property shall
not be paid within 10 days after the date due, the unpaid balance
thereof and all interest accruing thereon shall become a municipal
lien on the parcel. The Chief Financial Officer of this Borough shall
certify to the Collector of Taxes the amount of such relocation costs
and interest unpaid and the same shall become a municipal lien on
that property pursuant to N.J.S.A. 40:48-2.14 and 40:48-2.27, and
the Collector of Taxes is authorized to charge all of those costs
in addition to the real property taxes assessed upon the said property
and to collect the same, together with interest and penalties at the
same rates, in the normal course of tax collection.
D.
Alternatively, upon adjudication of liability hereunder by a court
of competent jurisdiction, the court may, in its discretion, order
the owner of the parcel of real property to pay directly to the displaced
tenant all relocation costs, for which the tenant has not received
payment from the Borough of Hasbrouck Heights, as required to be paid
pursuant to the Relocation Assistance Law, N.J.S.A. 52:31B-1 et seq.,
and the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. Any court
order or judgment in this regard shall be considered to be both in
personam and in rem.
E.
In addition to paying damages as set forth in Subsections A through D above, the owner of the real property shall also return to the displaced tenant any security deposit, together with interest thereon, plus any rental payment required to be apportioned upon notification by the enforcement official that the illegal apartment or dwelling unit must be vacated.
No owner of real property shall rent an illegal apartment or
mobile home to or permit the same to be occupied by any tenant(s)
or other person(s).
Notwithstanding the provisions of Chapter 204 of this Code, the penalties for violation of any provision of this chapter shall be:
A.
Any person who violates this chapter shall be subject to a fine or
penalty in the amount of $1,500 for the first violation and in the
amount of $2,000 for any subsequent violations. For purposes of determining
violations of this chapter, each and every day of continued rental
or occupancy shall be deemed to be a separate and distinct violation.
The Zoning Enforcement Official, the Construction Official,
the Building Inspector or the Property Maintenance Official shall,
upon the determination of the existence of an illegal apartment, immediately
serve a notice of such determination upon the owner of the real estate
by certified mail at the owner's address as disclosed by the
official tax records of the Borough. If no receipt of such certified
mail is returned within five days, then by regular mail at the last
known address.
