[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-1993 by Ord. No. 18-93]
As used in this article, the following terms shall have the meanings indicated:
- ILLEGAL UNIT
- Any one of the following shall constitute an illegal unit:
- A. A structure or portion of a structure for which no certificate of occupancy has been issued.
- B. A unit or structure which would exceed the number of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Borough.
- C. A unit or structure which fails to meet the requirements of any regulation affecting the health, safety and welfare of the general public.
- D. A unit or structure which the owner has permitted occupancy thereof without obtaining therefor required plumbing, electrical and building permits.
- E. Any structure, unit or portion of property deemed by an official of a governing 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 a structure or unit of housing space.
- That portion of a property or parcel, being part of a dwelling or a separate structure on a parcel, 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 owner of a premises who rents a portion thereof or an illegal unit therein to a tenant, where such tenant is thereafter required to vacate such premises or unit because the same has been declared to be illegal, shall reimburse the tenant of such premises for all reasonable expenses incurred by the tenant, including moving expenses in an amount not to exceed the sum of $2,500, plus any additional expenses incurred by the tenant representing deposits for utility services.
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 appropriate official having jurisdiction that the illegally occupied unit or portion of a structure must be vacated.
The failure of an owner to comply with the provisions of this article shall subject the landlord to a fine not exceeding the sum of $1,000 or confinement in the Bergen County Jail for a period not to exceed 10 days, or both.