[Adopted 2-7-1984 by Ord. No. 775-84 (Ch. 162, Art. II of
the 1975 Code)]
As used in this article, the following terms shall have the
meanings indicated:
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 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 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 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.
[Amended 12-20-1993 by Ord. No. 1019-93[1]]
A.Â
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, defined as set forth in paragraph 3 of subsection
g. of N.J.S.A. 2A:18-61.1, shall be considered a displaced person
and shall be entitled to relocation assistance in an amount equal
to six times the monthly rent paid by the displaced person. The owner-landlord
of the structure shall be liable for the payment of relocation assistance
pursuant to this section.
B.Â
The owner shall also be required to return to the tenant the security
deposit, together with interest thereon, plus any rental payment required
to be apportioned, upon notification by the Housing Inspector or such
other official that the illegal apartment or unit must be vacated.
