[Added 12-16-1984 by Ord. No. 999]
For purposes of this article, the following
definitions shall apply:
A residential rental unit which is:
A residential rental unit for which no certificate
of occupancy has been issued;
A residential rental unit which is in excess
of the number of such units for a particular building or zone according
to this chapter; or
A residential rental unit which was created
without the required plumbing, electrical or building permits.
A building, or portion thereof, rented or offered for rent
for dwelling purposes to one or more tenants or family units.
[Amended 12-9-2002 by Ord. No. 17-02]
A.
No person shall rent or suffer to be occupied an impermissible
unit in a building which such person owns or otherwise controls.
B.
No person shall charge, demand, receive or accept
any rent or other payment for use or occupancy of any residential
premises within the Borough of Leonia which are used or occupied in
violation of the Zoning Ordinance of the Borough of Leonia. Each such
charge, demand, receipt or acceptance of rent or other payment in
violation hereof shall constitute a separate offense.
C.
Upon a tenant being required to vacate an impermissible
rental unit, the landlord of said tenant shall pay to said tenant:
(1)
All reasonable moving and relocation expenses incurred
by said tenant, including a real estate broker's commission incurred
in the procuring of a new rental unit;
(2)
Any security deposit; and
(3)
Any pro rata rent which may be due to the tenant because
of the tenant being required to vacate the unit prior to the expiration
of the tenancy.
D.
Within 10 days following receipt of a note to abate
an unlawful occupancy in violation of the Zoning Ordinance of the
Borough of Leonia, or within 10 days following receipt of a summons
for violation of this section or the Zoning Ordinance of the Borough
of Leonia or prior to the institution of dispossess proceedings to
correct an illegal occupancy, whichever first occurs, the owner of
the residential premises within the Borough of Leonia shall serve
upon all of the unlawful occupants using or occupying said residential
premises a copy of the within section and shall post a copy of the
section in a common area of the premises accessible to all the occupants
thereof for inspection.
A.
Any person who violates this article shall be subject
to a fine of $1,000 for a first offense and not less than $1,000 nor
more than $2,000 for a second or subsequent offense.
[Amended 5-3-2010 by Ord. No. 05-10]
