New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 11 - RELOCATION ASSISTANCE AND EVICTION › Subchapter 1 - GENERAL PROVISIONS › Section 5:11-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context or any definition set forth in P.L.
				  1967, c.79 (52:31B-1 et seq.) or P.L. 1971, c.362
				  (20:4-1 et seq.) clearly indicates
				  otherwise.
"Business" means any lawful activity, except a farm operation,
				  conducted primarily:
1. For the purchase,
				sale, lease and rental of personal and real property, and for the manufacture,
				processing, or marketing of products, commodities or any other personal
				property;
2. For the sale of services to
				the public;
3. By a non-profit
				organization; or
4. Solely for the
				purpose of qualifying for moving and related expenses, for assisting in the
				purchase, sale, resale, manufacture, processing or marketing of products,
				commodities, (personal property) or services by the erection and maintenance of an
				outdoor advertising display or displays. Such displays do not necessarily have to be
				located on the premises on which any of the cited activities are conducted.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs.
"Comparable replacement dwelling" means a dwelling which
				  is:
1. Decent, safe and sanitary;
2. Functionally equivalent and substantially the
				same as the former dwelling with respect to number of rooms, areas of living space,
				age and state of repair, provided that it is standard and adequate in size to
				accommodate the family or individual;
3.
				In an area not subjected to unreasonable adverse environmental conditions from
				either natural or man-made sources;
4.
				In an area not generally less desirable than the area in which the acquired dwelling
				was located in regard to public and commercial facilities;
5. In an area reasonably accessible to the
				displaced person's present or potential place of employment;
6. Open to all persons regardless of race, color,
				religion, age, sex, marital or handicapped status or national origin in a manner
				consistent with Title VIII of the Civil Rights Act of 1968 and the New Jersey Law
				Against Discrimination as amended and not inconsistent with any Federal statutes,
				rules or regulation applicable.
7.
				Within the financial means of the displaced person. For the purpose of this
				definition, any monies paid hereunder shall be included in determining financial
				means.
"Decent, safe and sanitary housing" means housing that is in
				  sound, clean and weathertight condition and is in conformity with local and state
				  housing and health codes.
"Department" means the Department of Community Affairs.
"Displaced" means required to vacate any real property lawfully
				  occupied pursuant to any order or notice of any displacing agency on account of a
				  program of acquisition, code enforcement proceedings or voluntary rehabilitation of
				  buildings.
"Displacing agency" means any State Agency, unit of local
				  government or publicly funded entity as herein defined.
"Dwelling" means the house, apartment or other residential unit
				  that is the permanent place of principal lawful residence of a person or family and
				  to which such person or family whenever absent has the intention of
				  returning.
"Economic rent" means the fair market rental of the property on
				  the open market.
"Emergency relocation" means when a lawful occupant of a dwelling
				  unit is required to immediately vacate due to the enforcement of any applicable
				  code.
"Family" means two or more individuals, regardless of blood or
				  legal ties, who live together as a family unit.
"Farm operation" means any activity which is conducted solely or
				  primarily for the production of one or more agricultural products or commodities,
				  including timber, for sale or home use, and customarily, produces commodities in
				  sufficient quantity to be capable of contributing materially to the operator's
				  support. The term "contributing materially" used in this definition means that the
				  farm operation contributes at least one-third of the operator's income.
"Incidental expenses" means the amount of actual costs incurred in
				  the purchase of a replacement dwelling by a person who is displaced including but
				  not limited to fees for legal services, title search, title insurance, recording of
				  title instruments, mortgage applications, payment for loss of favorable financing,
				  and credit reports. Prepaid expenses are not considered "incidental
				  expenses".
"Lawful occupant" means a person whose occupancy of a dwelling
				  unit or property is recognized by the owner and is not the result of a trespass or
				  unauthorized sublease or assignment.
"Person" means any individual or family, owner of a business
				  concern or farm operation, partnership, corporation or association.
"Personal property (tangible personal property)" means:
1. Tangible property which is situated on the real
				property vacated or to be vacated by a displaced person and which is considered
				personal property and is non-compensable (other than for moving expenses) under the
				state law of eminent domain; and
2. In
				the case of a tenant, fixtures and equipment and other property which may be
				characterized as real property under state or local law, but which the tenant may
				lawfully, and at his election determines to move and for which the tenant is not
				compensated in the real property acquisition. In the case of an owner of real
				property, the determination as to whether an item of property is personal or real
				shall depend upon how it is identified in the acquisition appraisals and the closing
				or settlement statement with respect to the real property acquisitions: provided,
				that no item of property which is compensable under state law to the owner of real
				property in the real property acquisition may be treated as tangible personal
				property in computing actual direct losses of tangible personal property.
"Publicly funded entity" means a private entity that receives
				  public funds from any municipal, county, state or federal program for use in a
				  project that causes displacement.
"State Agency" means any department, division, office, agency or
				  bureau of this state or any authority or instrumentality created or chartered
				  thereby.
"Temporary relocation" means when a lawful tenant is required to
				  move from a dwelling that is undergoing rehabilitation and, upon completion of the
				  rehabilitation, may return.
"Unit of local government" means any political subdivision of this
				  State, or any two or more such political subdivisions acting jointly pursuant to
				  law, and any department, division, office, agency or bureau thereof or any authority
				  of instrumentality created or chartered thereby.
"WRAP" means the Workable Relocation Assistance Plan required to
				  be submitted to the Department for approval prior to the undertaking of any
				  relocation activities.