The Health Officer and Local Housing Officer shall be and they are hereby
designated as authorized borough officials, whenever necessary to protect
the health and safety of residential tenants as hereinafter defined, to act
as agents for a landlord in engaging a fuel oil dealer to deliver fuel oil
at a reasonable price per gallon and to refire the burner to restore the proper
heating of any residential property rented by the landlord; provided, however,
that at least 12 hours have elapsed, if the outside air temperature is between
thirty-three degrees and fifty-five degrees Fahrenheit (33° and 55°
F.), inclusive, or at least four hours have elapsed, if the outside air temperature
is 32° F. or less, since the tenant has lodged a complaint with any municipal
officer or agency, prior to which complaint a bona fide attempt has been made
by the tenant or his representative to notify the landlord of the lack of
heat, and the landlord has failed to take appropriate action. "Lack of heat"
means maintaining less heat than required by N.J.S.A. 26:3-31.
A fuel oil dealer who delivers fuel oil or refires the burner in accordance with §
189-8 above may bill the landlord directly, or the municipality in which the property is located may issue a voucher to the fuel oil dealer for the money amount due on fuel oil delivered and the service charge for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
A landlord or his agent whose negligence or failure to act results in municipal action as set forth in §
189-8 above shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Said penalty shall be recoverable by the borough in a civil action brought by way of summary proceedings pursuant to N.J.S.A. 2A:58-1, brought in the Superior Court, County District Court or Municipal
Court. The amount of said penalty shall be paid to the municipality, to be
used for general municipal purposes. In such proceedings, the Court shall
also order the landlord or his agent to reimburse the municipality for actual
costs incurred for any fuel oil delivered and service charges for refiring
the burner, if any, and for reasonable attorneys' fees and costs.
The provisions of this article do not apply to owner-occupied residential
rental properties containing five units or less.