[Ord. No. 86-35, § 7]
[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]