[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 9.12 of the 2003 Municipal Code]
The Township Committee finds that, although state law (N.J.S.A.
2A:42-10.10 et seq.) prohibits landlords from taking reprisals for
certain activities of tenants, such prohibition can be enforced only
in civil proceedings in tribunals outside the Township; that the rights
and remedies thus provided to tenants frequently go unvindicated because
of ignorance, inconvenience, or expense, especially among disadvantaged
tenants, who are most in need of the law's protection; and that the
objectives of the anti-reprisal law will be furthered in the Township
if violations thereof are deterred by the threat of prosecution and
penalty in the municipal court of the Township. It is therefore the
purpose of this chapter, in the exercise of the police power and for
the public health, safety and general welfare, to prohibit reprisals
by landlords for certain activities of tenants and to provide penalties
for violations hereof.
This chapter shall apply to all rental premises or units used
for dwelling purposes in the Township except owner-occupied premises
with not more than two rental units.
A.
No landlord of premises or units to which this chapter is applicable
shall serve a notice to quit upon any tenant or institute any action
against a tenant to recover possession of premises, whether by summary
dispossess proceedings, civil action for the possession of land or
otherwise:
(1)
As a reprisal for the tenant's efforts to secure or enforce
any rights under the lease or contract, or under the laws or ordinances
of the State of New Jersey or its governmental subdivisions, including
the Township or of the United States;
(2)
As a reprisal for the tenant's good faith complaint to a governmental
authority of the landlord's alleged violation of any health or safety
law, regulation, code or ordinance, or state law or regulation which
has as its objective the regulation of premises used for dwelling
purposes;
(3)
As a reprisal for the tenant's being an organizer or a member
of, or involved in any activities of any lawful tenant's organization;
or
(4)
On account of the tenant's failure or refusal to comply with the terms of the tenancy as altered by the landlord, if the landlord shall have altered substantially the terms of the tenancy as a reprisal for any actions of the tenant set forth in Subsection A(1) through (3) of this section. Substantial alteration shall include the refusal to renew a lease or to continue a tenancy of the tenant without cause.
B.
Under Subdivision A(2) of this section, the tenant shall originally
bring a good faith complaint to the attention of the landlord or agent
and give the landlord a reasonable time to correct the violation before
complaining to a governmental authority.
In the prosecution of any complaint under this chapter, the
receipt by the tenant of a notice to quit or any substantial alteration
of the terms of the tenancy without cause after:
A.
The tenant attempts to secure or enforce any rights under the
lease or contract or under the laws or ordinances of the State of
New Jersey, or its governmental subdivisions, or of the United States;
B.
The tenant, having brought a good faith complaint to the attention
of the landlord and having given the landlord a reasonable time to
correct the alleged violation, complains to a governmental authority
with a report of the landlord's alleged violation of any health or
safety law, regulation, code or ordinance; or
C.
The tenant organizes, becomes a member of, or becomes involved
in any activities of, any lawful tenants' organization;
shall create a rebuttable presumption that such notice or alteration
is a reprisal against the tenant for making such attempt, report,
complaint, or for being an organizer of, a member of, or involved
in any activities of, any lawful organization. No reprisal shall be
presumed under this section based upon the failure of a landlord to
renew a lease or tenancy when so requested by a tenant if such request
is made sooner than 90 days before the expiration date of the lease
or tenancy, or the renewal date set forth in the lease agreement,
whichever later occurs.
