Borough of Fort Lee, NJ
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2023-07-06
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Part II, General Legislation
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Chapter 321 Rental Property
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Article III Unlawful Residential Premises
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Administrative Code
- Ch 6 Ambulance Corps
- Ch 7 Assessor
- Ch 12 (Reserved)
- Ch 18 Chief Financial Officer
- Ch 21 Civil Service
- Ch 25 Claims Approval
- Ch 29 Clerk
- Ch 33 Cooperative Pricing Agreement
- Ch 37 Court, Municipal
- Ch 40 Defense and Indemnification
- Ch 42 Advisory Committee for Individuals With Disabilities
- Ch 46 Economic Development
- Ch 48 Environmental and Beautification Committee
- Ch 50 Ethics, Board of
- Ch 52 (Reserved)
- Ch 55 Fire Department
- Ch 61 Health, Board of
- Ch 64 Historic Preservation Commission
- Ch 68 Housing Authority
- Ch 70 Housing Liaison, Municipal
- Ch 79 Parking Authority
- Ch 82 Payroll Checks
- Ch 86 Personnel Policies
- Ch 90 Police Department
- Ch 94 Public Defender
- Ch 97 Public Information Director
- Ch 99 Public Safety, Director of
- Ch 103 Recreation, Superintendent of
- Ch 109 School Crossing Guards
- Ch 112 Senior Citizens Council
- Part II, General Legislation
- Ch 122 Adult Business
- Ch 126 Alarm Systems
- Ch 130 Alcoholic Beverages
- Ch 132 Ambulance Services
- Ch 134 Amusements
- Ch 138 Animals
- Ch 141 (Reserved)
- Ch 145 (Reserved)
- Ch 149 Asbestos
- Ch 152 Bingo and Raffle Licensing
- Ch 155 Brush, Grass and Weeds
- Ch 156 Tree Removal and Replacement
- Ch 159 Builders and Contractors
- Ch 163 Building Construction
- Ch 166 Buildings, Demolition of
- Ch 169 Buildings, Numbering of
- Ch 174 Buildings, Unsafe
- Ch 176 Business Insurance Registration
- Ch 178 Cable Television
- Ch 180 Cannabis Establishments
- Ch 182 Certificate of Compliance
- Ch 187 Charter Buses
- Ch 189 Clothing Bins
- Ch 190 Coin-Operated Machines
- Ch 193 Construction Codes, Uniform
- Ch 196 Conversion Appeals Board
- Ch 198 Criminal Background Checks
- Ch 200 Disorderly Conduct
- Ch 205 Elevators
- Ch 208 Emergency Housing
- Ch 210 Filming and Photography
- Ch 212 Fingerprinting
- Ch 216 Fire Prevention
- Ch 218 Flood Damage Prevention
- Ch 220 Fuel Oil Delivery
- Ch 224 Games of Chance
- Ch 228 Garage Sales
- Ch 233 Graffiti
- Ch 237 Handbills
- Ch 241 Hazardous Materials
- Ch 246 Housing Standards
- Ch 254 Insurance
- Ch 258 Landscapers and Snowplowing Contractors
- Ch 261 Land Use Procedures
- Ch 264 Laundries and Dry-Cleaning Establishments
- Ch 267 Library, Public
- Ch 270 Marriages and Civil Unions
- Ch 271 (Reserved)
- Ch 273 Mobile Food Trucks and Restaurants
- Ch 281 Newsracks
- Ch 284 Noise
- Ch 289 Parking
- Ch 293 Parks and Recreation
- Ch 296 Peddling and Soliciting
- Ch 300 Photo Identification Cards
- Ch 305 Poolrooms and Billiard Parlors
- Ch 309 Precious Metals, Rare Coins and Gems
- Ch 310 Prior Notice of Utility Work
- Ch 311 Property, Abandoned
- Ch 312 Property Maintenance
- Ch 313 Property, Residential
- Ch 316 Public Records
- Ch 319 Redevelopment
- Ch 321 Rental Property
- Ch 321 Art III Unlawful Residential Premises
- § 321-13 General prohibitions; violations and penalties.
- § 321-14 Notice of occupants.
- § 321-15 Violations and penalties.
- Ch 324 Rent Control
- Ch 328 Restaurants
- Ch 333 Service Stations
- Ch 336 Sewers
- Ch 339 Shopping Carts
- Ch 342 Sidewalk Sales
- Ch 345 Site Plan Review
- Ch 349 Smoke and Carbon Monoxide Detectors
- Ch 350 Smoking
- Ch 352 Soil Management
- Ch 356 Solid Waste
- Ch 356A Special Improvement Districts
- Ch 357 Storm Sewers
- Ch 358 Stormwater Management
- Ch 360 Streets and Sidewalks
- Ch 365 Subdivision of Land
- Ch 368 Swimming Pools
- Ch 370 Taxation
- Ch 372 Taxicabs and Limousines
- Ch 377 Tourist Lodges, Motels and Hotels
- Ch 381 Trailer Parks
- Ch 388 Vehicles and Traffic
- Ch 392 Vehicles, Impoundment of
- Ch 395 Vehicles Transporting School Children
- Ch 398 Vehicles, Unlicensed and Abandoned
- Ch 402 Water Emergency
- Ch 406 Wreckers and Towing Service
- Ch 410 Zoning
- Disposition List
- Ch DL Disposition List
[Derived from Ch. X, Sec. 10-20, of the 1978
Code]
[Amended 5-23-2002 by Ord. No. 2002-20]
No person shall charge, demand, receive or accept any rent or other payment for the use or occupancy of any residential premises within the Borough of Fort Lee which are used or occupied in violation of Chapter 410, Zoning, of the Code of the Borough of Fort Lee. Once the Building Department issues a notice of zoning violation, any tenant residing in the premises may withhold rent payments for a period of 90 days, so as to afford such tenant the right to remove himself from the offending premises, and obtain other residence. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense. In addition to the tenant having the right to withhold rental payments for a period of 90 days, as set forth above, the landlord or owner of the premises found to be illegal shall be fined $1,250 per violation.
A.
Any tenant who has been notified of an illegal tenancy,
and who remains in possession without paying rent for 90 days as set
forth above, and who does not remove himself from possession after
the expiration of the 90 days shall be subject to a fine of not less
than $500 per day for each and every day that such tenant continues
in possession after such expiration.
B.
The penalty imposed herein shall be in addition to
any and all other remedies that may accrue to either the landlord
or the Borough, including, but not limited to, eviction proceedings
by either summary dispossess or by zoning or construction code municipal
proceeding.
Within 10 days of following receipt of a notice to abate an unlawful occupancy in violation of Chapter 410, Zoning, of the Code of the Borough of Fort Lee, or within 10 days following receipt of a summons for violation of this article or Chapter 410, Zoning, of the Code of the Borough of Fort Lee or prior to the institution of dispossess proceedings to correct an illegal occupancy, whichever first occurs, the owner of residential premises within the Borough of Fort Lee shall serve upon all of the unlawful occupants using or occupying said residential premises a copy of the within section and shall post a copy of this article in a common area of the premises accessible to all the occupants thereof for inspection.
[Amended 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
Any person violating any provision of this article
shall be subject to a fine of not less than $100 nor more than $2,000
or by imprisonment for a term not exceeding 90 days, or both, for
each separate violation hereof.
