reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 2 - ELIGIBILITY › Section 5:11-2.1 - Building, housing, and health code enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a State
				Agency or unit of local government undertakes a program of building code
				enforcement, housing code enforcement or health code enforcement that causes the
				displacement of any person, the said State Agency or unit of local government shall
				provide relocation payments and assistance to all lawful occupants who are
				displaced, as provided in N.J.A.C. 5:11-3 and 4. The date of eligibility shall be
				the date occupants received formal written notice to vacate from the State Agency or
				unit of local government. Said written notice shall include the information required
				pursuant to 5:11-4.2.
(b) An order to vacate issued by a State Agency or
				unit of local government, pursuant to the State Uniform Construction Code Act
				(52:27D-119 et seq.) and
				5:23-2.32(b)1, because
				a building has become unsafe or uninhabitable as a direct result of a natural
				disaster, soil subsidence, fire, a latent defect or other sudden and unforeseeable
				occurrence is not displacement within the meaning of these rules and no relocation
				benefits shall be due any occupants or former occupants of such a building. However,
				a municipality may, pursuant to
				20:4-3.1, voluntarily provide
				relocation benefits to such displacees but shall receive no reimbursement through
				any State grant-in-aid for the cost of doing so.
(c) An owner-occupant who is displaced by health,
				building or housing code enforcement shall not be entitled to relocation benefits if
				the code violation which resulted in displacement was caused by factors for which
				the owner is liable. Any such owner-occupant who is entitled to benefits shall be
				entitled to the benefits applicable to tenants only.
(d) No tenant displaced by code enforcement shall
				be eligible for benefits if the code violation which resulted in displacement was
				primarily caused by that tenant's own conduct and not by factors for which the owner
				is liable under
				20:4-4.1.
1. In the event that there has been no prosecution
				of the owner under
				20:4-4.1, a displaced lawful occupant
				shall be presumed to be eligible for relocation benefits unless it is established by
				agreement or by administrative hearing that the code violation was primarily
				attributable to conduct of the displaced person.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 2 - ELIGIBILITY › Section 5:11-2.2 - Programs of acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any State
				Agency (except the New Jersey Department of Transportation), unit of local
				government or publicly funded entity acquires real property that causes the
				displacement of people, businesses, or farm operations, the said State Agency, unit
				of local government or publicly funded entity shall provide relocation payments and
				assistance as provided in N.J.A.C. 5:11-3 and 4; provided, however, that if any
				acquisition of real property is made using funds provided by any Federal agency, all
				relocation payments shall be made in accordance with any applicable Federal
				regulations that provide for a higher level of benefits.
(b) The State Agency, unit of local government or
				publicly funded entity shall not be relieved of its obligation of providing payments
				and benefits as provided hereinafter by requiring the owner of a building to cause
				it to be vacated prior to the acquisition.
(c) The eligibility date for this section shall be
				the date of the first written offer to purchase the property.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 2 - ELIGIBILITY › Section 5:11-2.3 - Evictions under N.J.S.A. 2A:18-61.1(g)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an eviction
				is sought under the provisions of
				2A:18-61.1(g)  by an
				owner, whether said owner is a person, State Agency or unit of local government, the
				tenant shall be provided with the relocation payments and benefits as provided in
				subchapters 3 and 4 of this chapter. The date of eligibility shall be the date the
				tenant received a formal notice to vacate from the landlord as provided in
				2A:18-61.2 and the displacing agency
				shall be deemed to be the State Agency or unit of local government that issues the
				notice of violation.
(b) The landlord
				shall provide the Department with the information required in subchapter 7 of this
				chapter.
(c) In cases where a landlord
				is to be cited for a violation pursuant to an illegal occupancy which could
				potentially result in a (g)3 eviction, the following shall be included as an insert
				sent with the violation notice:
IF, IN SEEKING TO CORRECT THE ILLEGAL OCCUPANCY FOR WHICH YOU
				  HAVE BEEN CITED, IT IS NECESSARY FOR YOU TO EVICT ONE OR MORE TENANTS TO COMPLY, YOU
				  MUST NOTIFY THOSE TENANTS OF THEIR POTENTIAL ELIGIBILITY FOR RELOCATION
				  ASSISTANCE.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 2 - ELIGIBILITY › Section 5:11-2.4 - Displacement caused by public utilities

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a public utility acquires real property that causes the
				  displacement of persons, businesses or farm operations the public utility shall
				  provide relocation payments and assistance as provided in subchapter 3 of this
				  chapter. The date of eligibility shall be the date of initiation of negotiations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 2 - ELIGIBILITY › Section 5:11-2.5 - Programs of rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				displacing agency undertakes a program of voluntary rehabilitation that causes
				displacement of persons, businesses or farm operations, the displacing agency shall
				provide relocation payments and assistance as provided in N.J.A.C. 5:11-3 and 4. The
				date of eligibility shall be the date the residents are informed by the displacing
				agency that they must vacate the premises.
(b) In this instance only, the displacing agency
				shall be deemed to be the person or corporation who is receiving public funds for
				the rehabilitation and the public agency providing those funds. The public agency
				shall be responsible for submitting the WRAP (see
				5:11-6.1(b)  ) and for
				complying with N.J.A.C. 5:11-4.
(c) In
				any case in which a Federal agency is providing funding for a rehabilitation
				program, relocation payments and assistance shall be made in compliance with
				applicable Federal requirements, any provisions of subchapters 3 and 4 of this
				chapter imposing different requirements notwithstanding.
(d) The WRAP submitted by the public agency shall
				be on standard forms required by the Department as well as in such format as may be
				required by the funding agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.1 - Relocation payments generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				displacing agency causes the displacement of persons, businesses or farm operations
				and those persons, businesses or farm operations payments shall be as described in
				this subchapter.
(b) Claims for
				relocation assistance must be filed within 12 months of the date of permanent
				resettlement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.2 - Moving expenses; residential

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible person
				who is displaced from a dwelling unit and moves his or her personal property
				therefrom shall receive either:
1. The actual
				reasonable moving expenses incurred; or
2. A fixed payment, based on the number of rooms
				in the unit, not to exceed $ 300.00 and a $ 200.00 dislocation allowance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.3 - Emergency relocation

Current through Register Vol. 56, No. 14, July 15, 2024
In the event a displacing agency causes a displacement that
				  requires emergency relocation, the displacing agency shall provide a payment of such
				  amount as may be needed so that the displacee may obtain living quarters until
				  permanently relocated. This payment shall be available immediately upon the
				  displacement and shall be charged against the total relocation assistance amount
				  payable in accordance with the statute.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.4 - Temporary relocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				permanent replacement housing is unavailable or in the instance of rehabilitation of
				housing wherein the displacee may return to his dwelling, the displacing agency may
				provide temporary replacement housing with the prior approval of the
				Department.
(b) Prior to approval of
				temporary relocation the displacing agency shall assure the Department that:
1. Permanent replacement housing will be available
				or the displacee may return to his dwelling unit within 12 months;
2. The temporary move will not affect the rights
				of the displacees;
3. That replacement
				housing will not be made available to those individuals not returning to
				rehabilitated housing on a priority basis; and
4. That the temporary relocation is required due
				to circumstances that are unavoidable or in the best interest of the
				displacee.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.5 - Rental assistance payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A family or an
				individual lawfully occupying a rental dwelling unit for a period of not less than
				90 days prior to the eligibility date as specified who vacates the rental dwelling
				unit after receiving governmental notice to vacate and who rents and occupies
				comparable decent, safe and sanitary replacement housing shall be eligible for a
				rental assistance payment in an amount not to exceed $ 4,000 or such higher amount
				as may be established by statute.
(b)
				The actual amount of the rental assistance payment shall be the difference between
				the average monthly rent, including essential utilities, for the rental dwelling
				unit and the lesser of the "fair market rental" for the replacement unit, as
				determined in accordance with the current schedule issued by the United States
				Department of Housing and Urban Development, provided, however, that for purposes of
				this computation, the "fair market rental" shall be increased by up to 20 percent if
				the Department agrees that a suitable replacement unit cannot be rented for a lesser
				amount, or the actual monthly rental payment paid for a replacement unit, times 48,
				not exceeding $ 4,000 or such higher amount as may be established by statute.
1. Once calculated, the amount of this benefit
				shall remain constant and shall neither increase nor decrease.
2. If the rental assistance payment is in the
				amount of $ 1,000 or less, the displacing agency shall make the entire payment at
				one time.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.6 - Downpayment assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) displaced tenant who
				is eligible to receive a rental assistance payment or a displaced owner-occupant of
				fewer than 180 days may elect to purchase a comparable replacement dwelling and, if
				he does so purchase, he shall receive an amount not to exceed $ 4,000 or the amount
				necessary in order to make a downpayment on the purchase of a comparable standard
				dwelling adequate to accommodate such person and his family, whichever is less,
				subject to the following:
1. The full amount of
				the payment must be applied to the purchase price, including incidental payments,
				and must be listed on the settlement statement; and
2. Any rental assistance previously paid to the
				displaced individual shall be deducted from the downpayment assistance.
3. In the event the total of the minimum
				downpayment needed and incidental closing costs exceeds $ 2,000, the displacee must
				match dollar for dollar the amount in excess of $ 2,000, to a maximum payment of $
				4,000.
4. If the displacee chooses to
				purchase a building containing more than one dwelling unit or commercial space,
				downpayment assistance shall be limited to that portion of the minimum downpayment
				required that is attributable on a pro rata basis to the dwelling unit to be
				occupied by the owner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.7 - Replacement housing payments for owners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in 5:11-2.1(c), an
				individual who owns and occupies a dwelling unit for a period of not less than 180
				days prior to the eligibility date as specified and who vacates the dwelling unit
				after notice to vacate and as a direct result of the cause of displacement and who
				purchases and occupies within one year a comparable replacement dwelling unit shall
				be eligible for a replacement housing payment in an amount not to exceed $
				15,000.
(b) The amount of the
				replacement housing payment is the difference, between the reasonable cost, on the
				open market, of a comparable replacement dwelling, and the acquisition price (in the
				case of acquisition) or fair market value (in all other cases).
(c) The reasonable cost of a comparable
				replacement dwelling shall be estimated by any of the following methods at the
				option of the displacing agency:
1. Three
				comparables based on the asking price as adjusted for selling price as shown by
				market study;
2. An area-wide schedule;
				or
3. An alternative method approved by
				the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.8 - Payments to businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible business
				that is displaced from its place of operation and moves it personal property
				therefrom shall be entitled to receive payment for:
1. Actual reasonable moving expenses, as set forth
				in 5:11-3.9; actual reasonable direct loss
				of tangible personal property, as set forth in
				5:11-3.10; actual reasonable expenses
				incurred in searching for a replacement business, as set forth in
				5:11-3.11; and actual reasonable
				expenses for professional fees incurred in the renovation and lease, use or
				acquisition of the replacement site, as set forth in
				5:11-3.13; or
2. Payment in lieu of moving and related expenses
				(paragraph 1 of this subsection) as set forth in
				5:11-3.12.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.9 - Moving expenses; business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A relocation payment
				for moving expenses of a business shall be limited to the following items, as
				applicable:
1. The actual reasonable and necessary
				cost of moving the tangible personal property for a maximum distance of 50 miles,
				unless the distance is enlarged by the displacing agency, for cause.
2. The actual reasonable and necessary cost
				incurred for inspection and license fees required by statute or local ordinance to
				permit the operation of the business at the new location.
3. The actual reasonable and necessary cost of
				reconnecting utility service to machinery and equipment, including, without
				limitation, the cost incurred in adapting or converting relocated machinery or
				equipment to use a different type of power supply, to the extent that these services
				were required in the former location. Expenses incurred in providing utility service
				from the right-of-way to the building or improvements are excluded.
4. The actual reasonable and necessary cost
				incurred for any physical changes in or to an existing building to which a business
				relocates in order to accommodate the machinery and equipment relocated. Physical
				changes beyond those necessary to accommodate the machinery and equipment and which
				enhance the property's value are excluded, as are changes necessary to meet code
				requirements except when necessary to install specific equipment moved from the
				former location. The amount incurred shall not exceed the fair market value of the
				machinery and equipment requiring the physical change. In the event the cost does
				exceed the fair market value of the machinery and equipment, the displacing agency
				shall then be responsible to pay only the fair market value.
5. The owner of a displaced business may elect to
				replace with a comparable item any item of personal property, including, without
				limitation, outdoor advertising displays or signs, utilized in its operation which
				is not to be moved. In such a case, the amount of the moving expense payment shall
				be the lesser of:
i. The actual cost of the
				substitute equipment delivered and installed at the new location less any proceeds
				from the disposition of the old equipment or, if a bona fide sale cannot be made,
				less the market value of the old equipment as determined by an independent
				appraisal; and
ii. The estimated cost of
				relocating the old equipment, as determined by the displacing agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.10 - Loss of tangible personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A displaced business
				that is eligible for moving expenses and elects not to move all or a part of the
				personal property may receive a payment for actual direct loss of the personal
				property not moved. This payment may be made only upon prior approval of the
				displacing agency and after a good faith effort has been made by the displacee to
				sell the personal property involved.
(b)
				The payment for loss of tangible personal property shall be calculated as follows:
1. In the event the item is sold the payment shall
				be the fair market value less the net sales amount (sales price less cost of
				sale);
2. In the event the item is not
				sold the payment shall be the fair market value. The item shall then be the property
				of the displacing agency.
3. In no event
				shall the payment exceed the estimated moving cost as determined by the displacing
				agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.11 - Expenses for searching for a replacement location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				moving expenses and loss of personal property payments, a displaced business shall
				be reimbursed for the actual and reasonable expenses incurred in searching for a
				replacement location, not to exceed $ 1,000.00.
(b) These expenses may include transportation
				costs within 50 miles, time spent in searching, not exceeding $ 15.00 per hour, and
				fees paid to a real estate agent for locating a site.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.12 - Payment in lieu of moving and related expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of a
				displaced business may receive an in lieu of moving and related expenses payment
				equal to the average net income for the last two years, but not less than $ 2,500
				nor more than $ 10,000.
1. A person whose sole
				business at the displacement location is the rental of the property to others, or
				the owner of an outdoor advertising display at the displacement location, shall not
				qualify for a payment under this section.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 3 - RELOCATION PAYMENTS › Section 5:11-3.13 - Payment for professional fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of a
				displaced business may receive a payment for professional fees for, without
				limitation, the following services:
1. Architect's
				plans for the new site, as required by local ordinance, showing modifications needed
				to make physical changes to an existing building; and
2. Legal services, including, without limitation,
				the researching of local ordinances and preparing of documents for submission to
				local construction officials, planning boards and boards of adjustment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.1 - Relocation assistance generally

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a displacing agency causes the displacement of an
				  individual or business and that individual is eligible for relocation assistance the
				  nature and extent of that assistance shall be as described in this
				  subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.2 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a displacing agency determines that their activities
				  shall cause a displacement of individuals or businesses that are eligible for
				  relocation payments and assistance, the displacing agency shall notify those
				  individuals and businesses, in writing, at the earliest possible date of the
				  benefits and obligations of the Act and this chapter. Said notice shall be issued
				  immediately upon the determination of the displacing agency that displacement shall
				  occur. The notice shall contain the nature and types of payments and assistance
				  available, the eligibility criteria, and a notice that the displacee should not
				  vacate the property prior to being authorized to do so in order to remain eligible
				  for payment and assistance and that they should continue to pay rent to the
				  landlord, as provided by the law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.3 - Assistance in obtaining housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an
				individual requires assistance in locating replacement housing the displacing agency
				shall:
1. Provide a list of decent, safe and
				sanitary replacement housing units that are available for sale or lease.
2. Assist in establishing the displaced
				individual's priority in subsidized housing and in applying therefor.
3. Provide information necessary for the displacee
				to obtain mortgage financing; and
4.
				Provide the name and address of other agencies that provide housing assistance to
				individuals.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.4 - Providing housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an
				individual is eligible for relocation payments and assistance, a displacing agency
				may, at its discretion, directly provide decent, safe and sanitary units, whether
				subsidized or not, that are not less desirable than the unit from which the
				displacee is displaced. In the event the displacee unreasonably rejects the housing
				so offered, the duty of the displacing agency to provide assistance is
				ended.
(b) Any displacing agency that
				terminates assistance pursuant to (a) above shall notify the displacee in writing of
				its intention to terminate assistance and the reasons therefor and shall advise the
				displacee of his or her right of appeal in accordance with
				5:11-9.2.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.5 - Housing construction

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever there is insufficient housing available to accommodate
				  all individuals requiring relocation, the displacing agency may construct, own,
				  operate and maintain housing necessary to accommodate the displacees.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.6 - Equal opportunity

Current through Register Vol. 56, No. 14, July 15, 2024
In carrying out relocation activities, the displacing agency
				  shall take affirmative actions to provide displaced families and individuals maximum
				  opportunities of selecting replacement housing within the community's total housing
				  supply; lessen racial, ethnic, and economic concentrations; and facilitate
				  desegregation and racially inclusive patterns of occupancy and use of public and
				  private facilities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.7 - Housing discrimination complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an
				individual is refused replacement housing due to discrimination on the basis of
				race, color, religion, age, sex, marital or handicapped status, or national origin,
				the displacing agency shall:
1. Assist such
				individual in completing the necessary forms in order to file a complaint with the
				proper Federal and State agencies, unless such individual refuses such
				aid.
2. File the necessary forms with
				the proper Federal and State agencies on behalf of such individual unless such aid
				is refused by the individual.
3. Advise
				such individual that a complaint may be filed by said individual with proper Federal
				or State agencies, when such individual refuses said aid.
4. Keep proper records of all complaints filed on
				behalf of such individuals.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 4 - RELOCATION ASSISTANCE › Section 5:11-4.8 - Self relocation and inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The displacing
				agency shall inspect the dwellings of self-relocated families and individuals prior
				to the move if at all possible. When the agency does not have prior knowledge of the
				move, the family or individual must be traced.
(b) If a dwelling is found to be substandard, the
				agency must offer assistance in securing standard accommodations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 6 - RELOCATION PLAN › Section 5:11-6.1 - Workable Relocation Assistance Plan (WRAP)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to ensure
				that the relocation benefits required by statute, as well as by N.J.A.C. 5:11-3 and
				4, are administered in a uniform manner, the displacing agency shall submit a
				Workable Relocation Assistance Plan (WRAP) to the Department for approval. Except as
				otherwise indicated in (d) below, no displacement may take place until the WRAP is
				approved.
(b) The WRAP shall be
				submitted by the displacing agency a reasonable time prior to the eligibility date
				for benefits as contained in subchapter 2 hereof. In the case of programs of
				rehabilitation, it is the responsibility of the public agency to submit the
				WRAP.
(c) The WRAP shall include such
				measures, facilities or services as are necessary in order to:
1. Determine the needs of displacees;
2. Assist displacees in obtaining replacement
				housing and business locations;
3.
				Secure the coordination of relocation activities with other displacing
				agencies;
4. Assist in minimizing
				hardships to displacees;
5. Determine
				the extent of the need of each displacee for relocation assistance;
6. Assure the availability of decent, safe and
				sanitary replacement housing;
7.
				Determine the source, amount and availability of funds necessary to complete
				relocation; and
8. Provide any other
				information deemed necessary by the Department to insure the provisions of the Act
				are carried out.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 6 - RELOCATION PLAN › Section 5:11-6.2 - Joint exercise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A displacing agency
				may contract with another agency in order to provide the benefits required in
				subchapters 3 and 4 of this chapter and two or more displacing agencies may agree to
				provide the benefits jointly; provided that the Department gives prior approval. In
				the event of a displacing agency contracting with another or in the event of joint
				exercise, the ultimate responsibility for relocation assistance and benefits remains
				with the displacing agency.
(b) In any
				case in which displacement is being undertaken by a "unit of local government" that
				is a chartered private entity, responsibility for the filing of the WRAP shall rest
				with the political subdivision by which the private entity was chartered to exercise
				governmental powers and, unless otherwise agreed between the political subdivision
				and the private entity, primary responsibility for providing relocation assistance
				shall rest with the political subdivision.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 6 - RELOCATION PLAN › Section 5:11-6.3 - Relocation records and reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The displacing
				agency is responsible for keeping up-to-date records on the relocation of all site
				displacees. These records shall be retained for the Department's inspection and
				audit for a period of three years following completion of the project or program or
				the completion of the making of relocation payments, whichever is later.
1. Relocation record: The displacing agency shall
				develop and maintain a relocation record, beginning with the information secured
				during the first interview to assess the needs of the displaced person. A separate
				record shall be prepared for each family, even though the family may not be
				maintaining a separate household, each individual maintaining a self-contained unit,
				or a non-housekeeping unit; and each business concern, non-profit organization and
				farm operation. The record shall contain all data relating to relocation of the
				displaced person, including the nature and dates of services that are provided, the
				type and amount of relocation payments made, and the location to which those
				displaced are relocated, including a description of the accommodation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 7 - DISPLACEMENT THROUGH LANDLORD'S ACTION › Section 5:11-7.1 - General notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a landlord
				intends to terminate a tenancy because of enforcement of building, housing or health
				codes, public acquisition of the premises or participation in a government-sponsored
				program of voluntary rehabilitation, including, without limitation, new
				construction, the landlord shall give written notice of his intent to the tenant.
1. This notice shall specify in detail the reasons
				why the landlord wants the tenant to vacate the premises.
2. Unless
				5:11-7.2 shall apply, the notice shall
				include the following statement in capital letters:
I AM ASKING YOU TO MOVE BECAUSE OF GOVERNMENT ACTION. YOU MAY BE
				  ELIGIBLE FOR FINANICAL AND OTHER BENEFITS UNDER THE RELOCATION ASSISTANCE AND
				  RESIDENTIAL EVICTION ACTS (52:31B-1 et seq.,
				  20:4-1 et seq. and
				  2A:18-61.1 et seq.). YOU MAY CALL THE
				  RELOCATION OFFICE AT (giving the accurate address and the telephone number of the
				  person responsible for the relocation in this area).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 7 - DISPLACEMENT THROUGH LANDLORD'S ACTION › Section 5:11-7.2 - Additional notice for proceedings under N.J.S.A. 2A:18-61.1(g)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases
				arising under 2A:18-61.1g(1)  or
				g(3), the following statement shall be included in the notice in capital letters:
I MUST GIVE YOU THIS NOTICE BECAUSE I PLAN TO SEEK EVICTION UNDER
				  THE RESIDENTIAL EVICTION LAW (2A:18-61.1 ) AND THE REGULATIONS OF THE
				  DEPARTMENT OF COMMUNITY AFFAIRS. THE CAUSE FOR WHICH I WANT YOU TO LEAVE IS THE
				  FOLLOWING:
(1) THAT I WANT TO PERMANENTLY
				BOARD UP OR DEMOLISH THE UNIT YOU ARE LIVING IN BECAUSE IT HAS BEEN CITED FOR
				SUBSTANTIAL VIOLATIONS AND IT IS ECONOMICALLY UNFEASIBLE FOR ME TO ELIMINATE THE
				VIOLATIONS, OR
(3) THAT I HAVE BEEN
				CITED BY LOCAL OR STATE HOUSE INSPECTORS FOR ILLEGAL OCCUPANCY AND THE ONLY WAY TO
				CORRECT THIS VIOLATION IS TO REMOVE THE TENANT. I AM ENTITLED TO TRY TO EVICT YOU IN
				THE COURTS 90 DAYS AFTER THE DATE OF THIS NOTICE. IF YOU RECEIVE A SUMMONS TO APPEAR
				IN COURT AND FAIL TO APPEAR YOU ARE LIKELY TO LOSE YOUR CASE BECAUSE YOU AREN'T
				THERE. HOWEVER, IN NO CASE CAN THE JUDGE EVICT YOU AND ISSUE A WARRANT FOR
				POSSESSION UNLESS THE RELOCATION LAWS HAVE BEEN COMPLIED WITH.
YOU MAY BE ELIGIBLE FOR FINANCIAL AND OTHER BENEFITS UNDER THE
				  RELOCATION ASSISTANCE AND RESIDENTIAL EVICTION ACTS. (N.J.S.A. 52-31B-1 et seq.,
				  20:4-1 et seq., and
				  2A:18-61 et seq.) YOU MAY CALL THE
				  RELOCATION OFFICE AT ......... (giving the accurate address and the telephone number
				  of the person responsible for relocation in this area).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 7 - DISPLACEMENT THROUGH LANDLORD'S ACTION › Section 5:11-7.5 - Availability of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that
				the displacing agency receives a notice of the conclusion of the Department that
				compliance cannot be effected without removal of the tenant, the appropriate
				displacing agency shall determine whether sufficient funds and an appropriate WRAP
				are available to provide timely relocation payments and assistance.
(b) In the event the displacing agency has
				insufficient funds to provide the relocation required, it shall within three days
				notify the Department of Community Affairs of this fact so that appropriate notice
				can be included in the notice of determination made to the court and all affected
				parties.
(c) If adequate relocation
				resources are not found, then the displacing agency shall submit an amended Workable
				Relocation Assistance Plan (WRAP), with adequate provision for such funding, within
				30 days.
(d) The displacing agency shall
				proceed to obtain the necessary funds as quickly as possible.
(e) The Department of Community Affairs shall
				advise the court of its obligation to stay any warrant for possession until the
				relocation payments and assistance can be provided.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 8 - GRANTS-IN-AID › Section 5:11-8.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
Any displacing agency may apply for and receive State
				  grants-in-aid, when available, to cover the costs or a portion thereof, for
				  relocation assistance payments. Application shall be made in accordance with the
				  procedures adopted by the Department. The amount of the grant-in-aid shall be
				  determined as described in
				  5:11-8.2.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 8 - GRANTS-IN-AID › Section 5:11-8.2 - Funding criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality
				meeting the following criteria may receive the total cost of relocation assistance
				and payments.
1. A population of less than
				10,000;
2. A budget of less than $ 2.5
				million;
3. 20 percent or more of the
				present housing stock in a deteriorated or dilapidated condition;
4. A lack of other state or federal funding for
				the purpose of relocation assistance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 8 - GRANTS-IN-AID › Section 5:11-8.3 - Costs for planning and obtaining financing

Current through Register Vol. 56, No. 14, July 15, 2024
Any Federal or State agency that is administering a Federal or
				  State project or a Federal or State Assisted project may apply for a grant-in-aid to
				  provide loans to nonprofit, limited dividend or cooperative organizations or to
				  public bodies for the necessary and reasonable expenses, prior to construction, for
				  planning and obtaining Federally insured mortgage financing for the rehabilitation
				  or construction for displaced persons as set forth in
				  20:4-17. Any such grants-in-aid shall
				  be repaid to the Department under the terms and conditions as set forth in
				  20:4-17.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 8 - GRANTS-IN-AID › Section 5:11-8.4 - Administrative costs

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department approves a request of a displacing agency
				  so that said displacing agency may contract with another agency to provide
				  regionalized relocation benefits said regionalized agency may be eligible to receive
				  a grant-in-aid to cover the reasonable and necessary costs of administration.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 8 - GRANTS-IN-AID › Section 5:11-8.5 - Recovery of relocation assistance costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any displacing
				agency that receives a State grant-in-aid shall, as a condition of the receipt of
				that grant-in-aid, prosecute in a civil or criminal penalty action any real property
				owner who is or might be, in the judgment of either the displacing agency or the
				Department, responsible for any housing or construction code violations that
				resulted in displacement and consequent eligibility for relocation
				assistance.
(b) Once there has been a
				final court adjudication in any civil or criminal penalty action brought under (a)
				above and paragraph (a) of section 1 of P.L. 1983, c.536 (20:4-4.1 ), and once the relocation
				assistance costs have been determined, the displacing agency shall promptly present
				a statement of relocation costs, indicating the date by which payment must be made,
				to the real property owner.
(c) In the
				event that payment is not made by the real property owner within 10 days of the date
				on which payment is due, interest on the unpaid balance shall accrue at the annual
				rate of 18 percent, pursuant to paragraph (b) of section 1 of P.L. 1983, c.536
				(20:4-4.1 ) and the displacing agency
				shall prepare and file a lien statement pursuant to paragraph (c) of said section 1
				of P.L. 1983, c.536. The displacing agency shall assign to the Department an
				interest in the lien that is equal to the unrepaid amount of the grant-in-aid, plus
				accrued interest thereon. The displacing agency shall assist the Department, as may
				be required, in any foreclosure, by the Department, of the lien.
(d) The displacing agency shall pay to the
				Department, out of any funds recovered by it from the real property owner, a
				proportion of such recovered funds that is the same as the proportion of the total
				relocation assistance resulting from code enforcement at that owner's property that
				was paid by the Department.
(e) In the
				event that the displacing agency does not elect to bring a civil action to recover
				relocation assistance costs, pursuant to section 1 of P.L. 1984, c.30 (20:4-4.2 ), the displacing agency
				shall, at the request of the Department, assign its right to recovery of such funds
				to the Department. In the event of any recovery in any such case, the Department
				shall repay to the displacing agency a proportion of the recovered funds, exclusive
				of attorneys' fees and costs, that is the same as the proportion of the relocation
				assistance that was paid by the displacing agency from its own funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 9 - ADMINISTRATION › Section 5:11-9.1 - Administrative agency

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be administered by the Division of Codes and
				  Standards, PO Box 802, Trenton, New Jersey 08625-0802.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 9 - ADMINISTRATION › Section 5:11-9.2 - Right of hearing and time of filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved
				by a final determination by a displacing agency other than a State agency may appeal
				such determination to the Division of Codes and Standards, which shall thoroughly
				review the matter and issue its findings as to the merits of the claim for
				relocation payments or benefits. Such appeals shall be made in writing within 15
				days of receipt of written notice of the determination.
(b) The Division of Codes and Standards shall
				provide an administrative hearing in accordance with the Administrative Procedure
				Act, 52:14B-1 et seq., to any person
				aggrieved either by a final determination of a displacing agency which is a State
				agency or by findings made by the Division pursuant to (a) above.
1. Such hearing shall be conducted under the
				auspices of the Office of Administrative Law and the final decision shall be made by
				the Commissioner.
2. Any request for a
				hearing shall be made in writing within 15 days of receipt of written notice of the
				State agency determination or findings of the Division, as the case may be, and
				shall be addressed to Hearing Coordinator, Division of Codes and Standards, PO Box
				802, Trenton, New Jersey 08625-0802.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 9 - ADMINISTRATION › Section 5:11-9.3 - Time for displacing agency final determination

Current through Register Vol. 56, No. 14, July 15, 2024
A displacing agency shall have 15 days from the date of request
				  to give written notice of the grant or denial of relocation payments or benefits. In
				  the event written notice is not given within this time, the request will be deemed
				  denied for purposes of
				  5:11-9.2. Notice of denial of relocation
				  payments or benefits shall include the reasons for such denial and notice of the
				  right to request a hearing pursuant to
				  5:11-9.2 and the procedure therefor,
				  including the 15-day time limit for making such request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:12-1.1 - Title and citation

Current through Register Vol. 56, No. 14, July 15, 2024
This regulation shall be known and may be cited as N.J.A.C. 5:12,
				  Ski Lifts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:12-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to provide reasonable standards
				  for the design, construction and operation of passenger tramways used in skiing for
				  the safety of the public.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:12-1.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to passenger tramways used in skiing
				  subject to the Ski Lift Safety Act,
				  34:4A-1 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:12-1.4 - Referenced publications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following publications contain provisions,
				which through incorporation by reference in the text of this chapter, constitute
				requirements of this chapter. In the event a provision in any of the following
				publications conflicts with a provision of this chapter, this chapter shall govern.
1. The following publications are available from
				the American National Standards Institute, 25 West 43rd Street, 4th floor, New York,
				New York 10036:
i. ANSI B77.1-2011 and ANSI
				B77.1a-2012, "American National Standard for Passenger Ropeways - Aerial Tramways,
				Aerial Lifts, Surface Lifts, Tows and Conveyors - Safety Requirements."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:12-1.5 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
Should any section, paragraph, sentence or word of this chapter
				  be declared for any reason to be invalid, such decisions shall not affect the
				  remaining portions of this chapter.