[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 12-28-2011 by Ord. No. 1304. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DWELLING UNIT
- Any room or rooms or suite or apartment, including any room or rooms in a rooming/boardinghouse, whether furnished or unfurnished, which are occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.
- Any person or group of persons, firm, corporation or officer thereof, limited liability company, partnership, association or trust who owns or purports to own, operates or exercises control over or is in charge of one or more rental units or any building, project or structure containing one or more rental units.
- RENTAL UNIT
- A dwelling unit which is used, occupied or offered for occupancy by lease, rent or otherwise to persons other than the owner. Rental unit shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied. For purposes of this chapter, any dwelling unit where the dwelling unit is occupied by a person or persons other than the owner, even if rent or other consideration is not being charged or collected, shall be considered a rental unit.
- The occupant of a rental unit whose occupancy is recognized by the owner and is not the result of trespass or unauthorized sublease or assignment.
Pursuant to N.J.S.A. 20:4-4.1a, upon passage of this chapter the Borough of Lindenwold shall create a revolving relocation assistance fund. Monies appropriated from the fund shall be used by the Borough of Lindenwold to provide relocation assistance pursuant to the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. The revolving relocation assistance fund shall receive deposits from the following actions, less any money required to be repaid to the State of New Jersey:
Any relocation costs and interest thereon paid to the Borough of Lindenwold pursuant to § 1 of P.L. 1983, c. 536 (N.J.S.A. 20:4-4.1) by an owner of real property who has been held liable for a civil or criminal penalty in the case of any displacement of persons by housing or construction code enforcement;
Any sums realized by the Borough of Lindenwold upon enforcement of municipal liens or liquidation of any property acquired by virtue of enforcement pursuant to § 1 of P.L. 1983, c. 536 (N.J.S.A. 20:4-4.1);
Any sums realized by the Borough of Lindenwold in relation to any relocation cost and interest thereon upon enforcement or liquidation of any property acquired by virtue of enforcement and collection pursuant to § 1 of P.L. 1984, c. 30 (N.J.S.A. 20:4-4.2);
Any relocation costs and interest thereon repaid to the Borough of Lindenwold by the owner of a structure who has given a tenant a notice of eviction pursuant to § 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) as a result of zoning or code enforcement activity for an illegal occupancy;
Any other sums required by law to be deposited in the revolving relocation assistance fund.
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 as set forth in N.J.S.A. 2A:18-61.1g shall be considered a displaced person and shall be entitled to relocation assistance for the household as a single unit in an amount equal to six times the monthly rent paid by the displaced person. The owner of the rental unit from which the tenant is displaced shall be liable for the payment of relocation assistance pursuant to this section. This payment shall be made by the owner directly to the tenant prior to or upon the effective date of the notice to vacate the rental unit.
No tenant shall be eligible for relocation benefits if the illegal occupancy or code violation was primarily caused by the tenant's conduct and not by factors for which the owner is liable.
The Borough of Lindenwold may, but shall not be required to, pay relocation assistance from the Borough's revolving relocation assistance fund to any displaced person that has not received the required payment under § 248-3 of this chapter from the owner of the rental unit at the time of eviction or displacement.
All relocation assistance costs incurred by the Borough of Lindenwold pursuant to this section shall be repaid by the owner of the rental unit to the Borough in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and 20:4-4.2. These repayments shall be deposited into a revolving relocation assistance fund in accordance with § 248-2 hereof.
In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid by the Borough to a displaced tenant, the owner shall be liable for an additional fine for zoning or housing code violations for an illegal occupancy in an amount equal to six times the monthly rental paid by the displaced person to be paid to the Borough by the owner-landlord of the structure pursuant to the provisions of N.J.S.A. 2A:18-61.1g(c).
In addition to any penalty imposed by this section, for a second or subsequent violation for an illegal occupancy, the Borough may impose upon the owner a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district. For purposes of this subsection, a "second and subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of a distinct and separate zoning or code enforcement activity and shall not include continuing violations during the period required for summary dispossession proceedings if the owner has initiated eviction proceedings in a court of proper jurisdiction.