New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:24-1.2 - Procedures; definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an owner seeks
				to convert a building from the rental market to a condominium or a cooperative or
				fee simple ownership of two or more dwelling units, or to convert a mobile home park
				from the rental market to a condominium or cooperative or fee simple ownership of
				two or more units or park sites, or to retire a mobile home park permanently from
				the rental market, there are several procedures required to be followed pursuant to
				2A:18-61.6 through 61.12.
(b) The following terms used in the statutes and
				these rules are defined as follows:
1. "Multiple
				dwelling" shall mean any building or structure of one or more stories and any land
				appurtenant thereto, and any portion thereof, in which three or more units of
				dwelling space are occupied, or are intended to be occupied, by three or more
				persons who live independently of each other; provided, that this definition shall
				not be construed to include any building or structure defined as a hotel in
				55:13A-3, or registered as a hotel with
				the Commissioner of Community Affairs, or occupied or intended to be occupied
				exclusively as such, or any building under a condominium form of
				ownership.
2. "Condominium", as in
				46:8B-1 et seq., means the form of
				ownership of real property under a master deed providing for ownership by one or
				more owners of units of improvements together with an undivided interest in common
				elements appurtenant to each such unit.
3. "Cooperative" means a housing corporation or
				association which entitles the holder of a share of membership interest thereof to
				possess and occupy for dwelling purposes, a house, apartment or other structure
				owned or leased by said corporation or association, or to lease or purchase a
				dwelling to be constructed by said corporation or association.
4. "Mobile home park" means any park, including,
				without limitation, a trailer park or camp, equipped to accommodate mobile homes on
				a year-round basis.
5. "Rooming or
				boarding house" means a building or structure having at least two dwelling units
				which do not have separate cooking and sanitary facilities for the unit and which
				are occupied by persons living independently of each other, and having at least 15
				percent of such units occupied by persons who either have no other residence or who
				reside there for more than 90 days.
6.
				"Comparable housing or park site" means housing that is:
i. Decent, safe, sanitary, and in compliance with
				all local and State housing codes;
ii.
				Open to all persons regardless of race, creed, national origin, ancestry, marital
				status or sex; and
iii. Provided with
				facilities equivalent to that provided by the landlord in the dwelling unit or park
				site in which the tenant or mobile home owner then resides in regard to each of the
				following:
(1) Apartment size, including number of
				rooms, or park site size;
(2) Rent
				range;
(3) Apartment's major kitchen and
				bathroom facilities; and
(4) Special
				facilities necessary for the handicapped or infirm;
iv. Located in an area not less desirable than the
				area in which the tenant or mobile home owner then resides in regard to each of the
				following:
(1) Accessibility to the tenant or
				mobile home owner's place of employment;
(2) Accessibility of community and commercial
				facilities; and
(3) Environmental
				quality and conditions; and
v. In accordance with additional reasonable
				criteria that the tenant or mobile home owner has requested in writing at the time
				of making any request under P.L. 1975, c.311, as amended.