Any tenant who receives a notice of eviction pursuant to Section
3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning
or code enforcement activity for an illegal occupancy, as set forth
in Paragraph (3) of Subsection g of Section 2 of P.L. 1974, c. 49
(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 rental paid by the displaced person. The owner-landlord
of the structure shall be liable for the payment of relocation assistance
pursuant to this section at the time the notice of eviction is served.
There is hereby established, pursuant to N.J.S.A. 20:4-4.1a,
a Revolving Relocation Assistance Fund in the Township of Hamilton.
A. Sums deposited into Revolving Relocation Assistance Fund. There shall
be deposited into the Revolving Relocation Assistance Fund the following
sums, less any money required to be repaid to the State of New Jersey:
(1) Any relocation costs, and interest thereon, paid 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 pursuant to Section 1 of P.L. 1983, c. 536 (N.J.S.A.
20:4-4.1);
(2) Any sums realized by the municipality upon enforcement of municipal
liens or liquidation of any property acquired by virtue of enforcement
pursuant to Section 1 of P.L. 1983, c. 536 (N.J.S.A. 20:4-4.1); and
(3) Any sums realized by the municipality relating to any relocation
cost and interest thereon upon enforcement or liquidation of any property
acquired by virtue of enforcement and collected pursuant to Section
1 of P.L. 1984, c. 30 (N.J.S.A. 20:4-4.2).
B. Purpose of fund. Monies appropriated from the fund shall be used
by the municipality to provide relocation assistance pursuant to P.L.
1971, c. 362 (N.J.S.A. 20:4-1 et seq.) and this chapter.
C. Payment of relocation assistance from the Revolving Relocation Assistance Fund. In the event a landlord has failed to provide the relocation assistance required by §
248-1 of this chapter at the time the notice of eviction is served or, pursuant to N.J.S.A. 20:4-4.1a, in case of any displacement of persons by housing or construction code enforcement, including any rehabilitation necessitated by that enforcement, the Township of Hamilton may pay the displaced person relocation expenses from the Revolving Relocation Assistance Fund.
D. Landlord's obligation to repay the Revolving Relocation Assistance Fund. When the Township of Hamilton pays relocation expenses to a displaced person pursuant to Subsection
C of this section, it shall present a statement of relocation costs to the landlord along with a statement of when the costs shall be due and payable, and the landlord shall repay the relocation costs to the Township. In the event the landlord shall fail to repay the relocation expenses within 10 days of the date such expenses become due and payable, the same shall accrue interest at a rate of 18% per annum and become a lien against the subject real property as provided for in N.J.S.A. 20:4-4.1; provided, however, that in the case of relocation expenses paid by the Township of Hamilton pursuant to N.J.S.A. 20:4-4.1a, the owner shall only be required to repay the relocation expenses where the owner of the real property has, in any final court adjudication, been held liable for a civil or criminal penalty.
E. Civil action to recover unpaid relocation expenses. In addition to the remedies available under N.J.S.A. 20:4-4.1 and §
248-2C of this chapter, the Township may proceed under N.J.S.A. 20:4-4.2 in a civil action to recover unpaid relocation expenses, attorney's fees, interest and costs from the owner-landlord of the real property as set forth in the statute.