[3-1-1973, § 1; Ord. No. 81-23, § 1; Ord. No. 83-17, § 6; Ord. 86-35, § 8; amended 12-7-2020 by Ord. No. 2020-42]
The mayor and council find that, although revised statutes,
section N.J.S.A. 2A:42-10.10, et seq., prohibits landlords from taking
reprisal for certain activities of tenants, such prohibition can be
enforced only in civil proceedings in tribunals outside the municipality;
that the rights and remedies thus provided to tenants frequently go
unvindicated because of ignorance, inconvenience, or expense; and
that the objectives of the anti-reprisal law will be furthered in
the municipality if violations thereof are deterred by threat of prosecution
and penalty in the municipal court. It is, therefore, the purpose
of this article, 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 hereof.
[3-13-1973, § 2; Ord. No. 81-23, § 1; Ord. 86-35, § 8; amended 12-7-2020 by Ord. No. 2020-42]
This article shall apply to all rental premises or units used
for dwelling purposes in the municipality except those which may be
exempted by N.J.S.A. 2A:42-10.10 et seq., or elsewhere in this chapter.
[3-13-1973, § 3; 7-31-1973, § 1; Ord. No. 81-23, § 1; amended12-7-2020 by Ord. No. 2020-42 ]
No landlord of premises or units to which this article 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 the land
or otherwise:
(a) 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 or of its governmental subdivisions, including the municipality,
or of the United States;
(b) 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 objectives the regulation of premises used for dwelling
purposes;
(c) As a reprisal for a tenant's being an organizer of, or a member of
or involved in any activities of any lawful tenant's organization;
(d) On account of the tenant's refusal or failure 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 subsections
(a),
(b), and
(c) of this section. Substantial alteration shall include the refusal to renew a lease or to continue a tenancy of the tenant without cause.
Under subsection
(b) of this section, the tenant shall first bring his good faith complaint to the attention of the landlord or his agent and give the landlord a reasonable time to correct the violation before complaining to a governmental authority.
[3-13-1973, § 4; Ord. No. 81-23, § 1; amended 12-7-2020 by Ord. No. 2020-42]
In the prosecution of any complaint under this article, 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 of the state or of the United States;
or
(b) The tenant, having brought a good faith complaint to the attention
of the landlord and having given him 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 tenant's organization;
Shall create a rebuttable presumption that such notice or alteration
is a reprisal against the tenant for making such an attempt, report
or complaint, or for being an organizer of, a member of, or involved
in any activities of any lawful tenant's organization.
Editor's Note: Ord. No. 2020-42 repealed § B16-60,
Compensation for Reprisal Rent Increases. Prior history includes Ord.
No. 83-17 and Ord. No. 86-35.
[Reserved by Ord. No. 81-23]