reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 2 - BOARD PROCEDURES › Section 5:23A-2.3 - Board decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in (b) below, the construction board of appeals shall hear any appeal,
				render a decision thereon, and file its decision with a statement of the reasons
				therefore with the enforcing agency or, in the case of a matter arising under P.L.
				1995, c.54 or P.L. 1999, c.
				11, with the municipality or approving authority or
				municipal utilities authority or sewerage authority, not later than 10 business days
				following submission of the appeal. In any case involving an appeal from an action,
				decision, notice or order of a local enforcing agency, the decision shall either
				affirm, reverse or modify the action, decision, notice or order of the enforcing
				agency or remand the matter to the enforcing agency for further action. In the case
				of any reversal, modification or remand, the board shall include in its statement of
				reasons the specific details of the nature and extent of the board's disagreement
				with the enforcing agency.
1. The board shall
				provide copies of the decision, by certified or registered mail, to the applicant
				and to any other parties entitled to notice pursuant to
				5:23A-2.1(c).
2. Copies of decisions shall be filed with the
				Department of Community Affairs within 10 business days of the issuance of the
				decision as follows:
i. In cases arising under the
				State Uniform Construction Code Act or under P.L. 1995, c.54 or
				P.L.
				1999, c. 11, with the Office
				of Regulatory Affairs of the Division of Codes and Standards; and
ii. In cases arising under the Uniform Fire Safety
				Act, with the Division of Fire Safety.
3. Copies of all board decisions shall be deemed
				to be public records and shall be available for public inspection at the offices of
				both the board and of any local enforcing agency or other governmental agency that
				is a party to a case.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 2 - BOARD PROCEDURES › Section 5:23A-2.4 - Construction Board of Appeals: records retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the
				following shall be retained;
1. Applications to
				the Construction Board of Appeals and the Decisions of the Construction Board of
				Appeals, including any attachments to the applications or decisions, shall be
				retained for a period of at least seven years, or until the end of any known
				litigation, whichever is longer; and
2.
				Recordings of proceedings (audio or video) shall be retained for at least one
				year.
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 5:24-1.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
P.L. 1975, c.311, which amended and supplemented P.L. 1974, c.49
				  (2A:18-61.1 through 61.12), became
				  effective on February 19, 1976. P.L. 1981, c.8, which amended P.L. 1974, c.49 and
				  P.L. 1975, c.311 so as to extend certain protections to owners of mobile homes in
				  mobile home parks being permanently retired from the rental market, became effective
				  January 26, 1981. The rules contained in this subchapter have been adopted to enable
				  the Department of Community Affairs (DCA) to implement these laws and to assist
				  owners and tenants of properties affected by them in complying with, and realizing
				  the protection provided by, their requirements.
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 5:24-1.3 - Documents required; conversion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any owner who
				intends to convert a multiple dwelling, a rooming or boarding house or a mobile home
				park into a condominium or cooperative, or to fee simple ownership of units or park
				sites, must first provide tenants with a "notice of intent" and a "full plan of
				conversion."
(b) These two items must
				include all the items described below and must be provided to all affected tenants
				60 days before serving the three year notice of intent to institute proceedings to
				evict.
(c) Both the notice of intent and
				the full plan of conversion shall be sent by certified mail, and if not claimed they
				shall be sent by regular mail.
(d) A
				duplicate of the 60-day notice and full plan shall be transmitted to the clerk of
				the municipality.
(e) Any material
				change in the full plan of conversion or amendment to the Public Offering Statement
				(POS) under 45:22A-21 et seq. and N.J.A.C. 5:26
				shall require such extension of the 90-day exclusive right to purchase as may be
				necessary to allow tenants who have not yet purchased their units at least 30 days
				remaining in which to exercise such exclusive right.
1. If the purchase contract offered by the
				developer does not include a contingency provision allowing a purchaser at least 60
				days in which to secure financing for the purchase, then, unless the developer is
				providing such financing upon terms found by the Division of Codes and Standards to
				be reasonable, the exclusive right to purchase period shall be extended as long as
				may be necessary to allow such tenants at least 60 days in which to exercise such
				exclusive right.
2. A change shall be
				deemed "material" for the purpose of (e) of this section if so deemed by the
				Division of Housing and Development pursuant to
				5:25-3.3(a).
3. A change shall be deemed "material" for the
				purpose of (e) above if it is deemed by the Division of Codes and Standards to be a
				"material change" as defined in
				5:26-1.3.
4. Any determination by the Division of Codes and
				Standards that a change is material shall be made within the 90 day exclusive right
				to purchase period or within such further period as may be required by the Division
				of Codes and Standards in order to investigate any allegation made during such 90
				day period as to the existence of any circumstance or condition that might
				constitute or necessitate a material change.
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 5:24-1.4 - Contents of notice of intent to convert

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notice of intent
				to convert shall consist of two items as follows:
1. Notice to the tenants of their right to
				purchase ownership in the premises at a specified price in accordance with section 5
				of the act;
2. Notice that the tenant in
				occupancy at this time shall have an exclusive right to purchase the unit or park
				site or shares of stock allocated thereto for the first 90 days after such notice,
				and that during this 90-day period the unit or site cannot be shown to a third party
				unless the tenant has in writing waived the right to purchase;
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 5:24-1.6 - Rights of tenants and mobile home owners in occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tenants in occupancy
				prior to the recording of the master deed, deed establishing a fee simple lot or
				deed transferring the property to a cooperative corporation or association who have
				received the three year notice of eviction on the grounds of conversion, or mobile
				home owners who have received the 18 month notice of eviction on the grounds of
				permanent retirement of the mobile home park from the rental market, have the right,
				for 18 full months after the receipt of such notice, to request of the landlord, and
				to be offered by the landlord, personally or through an agent, a reasonable
				opportunity to examine and rent "comparable housing," as defined in
				5:24-1.2.
(b) In order to be deemed to have offered a tenant
				or a mobile home owner a reasonable opportunity to examine and rent comparable
				housing, a landlord, or a person clearly authorized by a letter to the tenant or
				mobile home owner to be the landlord's agent, must offer a comparable rental unit or
				mobile home park site fulfilling the definition of "comparable housing" set forth in
				5:24-1.2. An offer of comparable housing
				must include the following elements:
1. The offer
				must be made with reasonable notice in order to give the tenant or mobile home owner
				a fair opportunity to examine and rent the unit or mobile home park site. Reasonable
				notice must be given to the tenant or mobile home owner by personal service or
				certified mail no less than 72 hours in advance, exclusive of legal holidays, of the
				opportunity to examine comparable housing;
2. If the landlord of the proposed comparable unit
				or mobile home park site should reject the application of any tenant or mobile home
				owner for such comparable housing, the offer shall not be construed as an offer of
				comparable housing as required in these rules; and
3. In no case shall a comparable rental unit or
				mobile home park site be deemed to have been offered if it was not available to be
				rented to the tenant or mobile home owner.
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 5:24-1.7 - Evictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to evict
				for conversion from the rental market to a condominium, cooperative or fee simple
				ownership of two or more dwelling units or park sites at the end of the three year
				notice period, or in order to evict for permanent retirement of a mobile home park
				from the rental market and the end of the 18 month notice period, the landlord must
				prove in court that the tenant or mobile home owner was offered comparable housing
				as requested and as defined in
				5:24-1.2 and reasonable opportunity to
				examine and rent such housing, as described in
				5:24-1.6(b).
(b) The court has authority under P.L. 1975, c.
				311, as amended, to authorize one-year stays of eviction with reasonable rent
				increases until the court is satisfied that the tenant or mobile home owner has been
				offered comparable housing and a reasonable opportunity to examine and rent such
				housing.
(c) If, after at least one
				one-year stay has been authorized, the landlord provides the tenant or mobile home
				owner with a "hardship relocation compensation," which shall consist of a waiver of
				payment of five months' rent, and has demonstrated this to the court, then the court
				cannot authorize any further stays. A warrant for possession could then issue at the
				end of the one-year stay.
(d) If the
				landlord does not provide the relocation compensation of five months' rent and
				fails, within one year of a prior stay, to allege to the court that the tenant was
				offered a reasonable opportunity to examine and rent comparable housing, the court
				shall automatically renew the one-year stay.
(e) The court can grant up to five one-year stays
				if evidence is not provided to the court of a reasonable opportunity to examine and
				rent comparable housing or of the payment of a hardship relocation compensation of
				waiver of payment of five months' rent.
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 5:24-1.8 - Moving expense compensation

Current through Register Vol. 56, No. 14, July 15, 2024
Any tenant whose tenancy began before the conversion, and is not
				  evicted on grounds other than that of a conversion, and any mobile home owner who is
				  not being evicted on grounds other than permanent retirement of the mobile home park
				  from the rental market, shall receive from the landlord a moving expense
				  compensation of a waiver of payment of one month's rent. No warrant of possession
				  can be given until payment of one month's waiver has been proved. Even if tenants or
				  mobile home owners leave without eviction proceedings, they are entitled to the
				  waiver of payment of one month's rent. Nothing in this section in any way waives the
				  rights of other parties under the security deposit law.
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 5:24-1.9 - Required statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any tenants who
				begin their initial tenancy after the master deed or deed establishing fee simple
				lots or deed to a cooperative corporation or association is filed by the owner must
				be provided at the time of applying and at the establishment of a rental agreement
				with a separate statement conforming exactly to the words in capital letters which
				follow. The statement must be included as the first clause of any written lease.
				This is the statement:
STATEMENT
THIS BUILDING (PARK) HAS BEEN CONVERTED TO A CONDOMINIUM OR
				  COOPERATIVE OR TO FEE SIMPLE OWNERSHIP OF THE DWELLING UNITS OR PARK SITES. YOUR
				  TENANCY CAN BE TERMINATED UPON 60 DAYS NOTICE IF YOUR APARTMENT (OR PARK SITE) IS
				  SOLD TO A BUYER WHO SEEKS TO PERSONALLY OCCUPY IT. IF YOU MOVE OUT AS A RESULT OF
				  RECEIVING SUCH A NOTICE, AND THE LANDLORD ARBITRARILY FAILS TO COMPLETE THE SALE,
				  THE LANDLORD SHALL BE LIABLE TO YOU FOR TREBLE DAMAGES AND COURT COSTS.
(b) If a tenant whose tenancy began after the
				conversion was initiated and was not given proper notice as provided in (a) above,
				the tenant will have the right to a three year notice as provided for in the
				previous portion of these regulations.
(c) If an owner has given the proper statement as
				part of the lease as described in (a) above, the owner will still be required to
				provide a 60-day notice prior to instituting court action for eviction which
				specified the cause in detail and is served personally as required for any eviction.
				The notice must say that the apartment has been sold to a buyer who seeks to
				personally occupy it.
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 5:24-1.10 - Landlord's liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The landlord,
				whether the owner of the building or of the unit, can be liable to a former tenant
				in a civil action for triple damages plus attorney's fees and court costs for
				violating the requirements of
				5:24-1.9.
(b) This penalty of triple damages plus attorney's
				fees and court costs is also applicable where a tenant vacates the premises after
				being given a notice alleging that the landlord seeks to personally occupy the
				premises under paragraph L of
				2A:18-61.1, and the landlord thereafter
				arbitrarily fails to execute the contract for sale or take personal occupancy, but
				instead permits personal occupancy by another tenant.
(c) This penalty of triple damages plus attorney's
				fees and court costs is also applicable where a tenant or mobile home owner vacates
				the premises after being given a notice alleging that the landlord seeks to
				permanently board up or demolish the premises or retire the premises from rental use
				under subparagraph g(1) or paragraph h of
				2A:18-61.1 and the landlord thereafter
				permits personal occupancy of the premises by another tenant or mobile home owner
				within five years of such vacancy.
(d) A
				tenant must sue in a civil court action to recover any such damages.
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 5:24-1.11 - Copies of this subchapter required to be furnished to certain tenants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of this
				subchapter shall be provided to all tenants of buildings, and all mobile home owners
				in mobile home parks, either about to be, or being, converted to a condominium or
				cooperative or fee simple ownership of two or more units or park sites as part of
				the 60-day notice of intent to convert and the full plan of conversion. The mobile
				home owner or tenant's receipt of a copy of these rules shall be interpreted as
				being an integral and procedurally necessary part of the "full plan of conversion"
				described in 5:24-1.5.
(b) Copies of this subchapter shall be provided to
				all mobile home owners in mobile home parks being permanently retired from the
				rental market at or prior to the time at which eviction notices are
				served.
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 5:24-1.12 - Standards of fair dealing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any discount or
				reduction in sales price offered to a tenant in occupancy in order to induce such
				tenant to agree to purchase his unit during the exclusive right to purchase period
				shall be available, without any change that would have the effect of raising the
				price to such tenant, for the entire exclusive right to purchase period. Any
				subsequent discount or reduction in sales price, offered at any time during the
				exclusive right to purchase period, must be continued through the end of that
				period.
(b) No owner of a building or of
				a unit or of a proprietary lease to a unit, or person acting on behalf of or with
				the consent of such owner, shall engage in any course of conduct which unreasonably
				disturbs any tenant in the lawful use and occupancy of any unit. The conduct hereby
				prohibited shall include, but not be limited to, willful interruption or
				discontinuance of services or failure to correct violations of applicable housing,
				health and safety codes and the issuance of false or otherwise illegal
				notices.
(c) No owner of a building or
				of a unit or of a proprietary lease to a unit shall impose an unreasonable rent
				increase on a tenant lawfully occupying any unit. An increase shall be presumed to
				be unreasonable if it is in excess of the increase that would be allowed under any
				municipal rent control ordinance applicable to the building immediately prior to
				conversion or if it reflects increased costs attributable directly or indirectly to
				the conversion which do not add services or amenities not previously provided. For
				the purposes of (c) of this section, repairs required by applicable codes shall not
				be deemed to be amenities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is
				adopted pursuant to P.L. 1981, c.226 (2A:18-61.2 2 et seq.),
				hereinafter referred to as "the Act".
(b) All terms defined in the Act shall have the
				same definitions as in the Act when used in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.2 - Application forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A tenant seeking protected tenancy status
				pursuant to the Act shall apply to the appropriate administrative agency or officer
				on a form prescribed by the agency or officer.
(b) The prescribed form shall require at least the
				following information:
1. Name of
				applicant;
2. Name of spouse, if
				residing in the same household;
3.
				Address, including apartment number;
4.
				Municipality;
5. County;
6. Name of building or project, if any;
7. Whether or not the dwelling unit is the
				applicant's principal place of residence;
8. The date on which the applicant began occupying
				a dwelling unit in the building as his or her principal place of
				residence;
9. The total combined income
				for the last full calendar year, of all members of the household residing in the
				dwelling unit at the time of application for protected tenancy status, regardless of
				whether or not such income is taxable;
10. Date of birth of applicant;
11. Date of birth of spouse, if residing in the
				same household;
12. Whether or not
				disability is claimed and, if so, the nature of the disability;
13. Current monthly rental and any
				surcharges.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.3 - Application procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A tenant seeking
				protected tenancy status shall file a completed application form with the
				administrative agency or officer within 60 days of receipt of a notice and
				application form from the administrative agency or officer provided, however that a
				completed application form may be submitted at any time prior to the date of
				conversion recording if the administrative agency or officer is satisfied that there
				was reasonable cause for the delay in filing. Such reasonable cause shall include,
				but not be limited to, disability incurred at any time subsequent to receipt by the
				tenant of the notice and application form.
(b) Upon request of the administrative agency or
				officer, a tenant seeking protected tenancy status shall supplement the form with
				such documentation as the administrative agency or officer shall deem necessary in
				order to make a determination as to eligibility.
1.
				An application may be deemed incomplete, and may be rejected, if supplementary
				documentation is not provided to the administrative agency or officer within 10 days
				of request therefor; provided however, that this provision shall not be construed as
				precluding timely reapplication.
i. With respect to
				income, such documentation may include, but shall not be limited to, copies of
				income tax returns and certification of the amount received in Social Security
				payments or in payments from other sources of non-taxable income.
ii. Proof of age shall be in the form of a copy of
				a birth record or such documentation evidenced by a public record as the
				administrative agency or officer shall deem to be equivalent.
iii. Proof of disability shall be in the form of
				certification of entitlement to Social Security or SSI disability benefits, or of
				proof that the applicant has been honorably discharged, or released under honorable
				circumstances, from active service in any branch of the United States Armed Forces
				and is rated as having a 60 percent disability or higher as a result of that service
				by the Veterans' Administration, or, if the applicant does not receive such
				disability benefits or have such rated disability, of such evidence as the
				administrative agency or officer shall deem to be equivalent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.4 - Principal residence requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No protected tenancy
				status shall be allowed for a tenant not occupying the dwelling unit as his or her
				principal residence.
(b) A dwelling unit
				shall be presumed to be a tenant's principal residence if it is physically occupied
				by the tenant for at least 184 days in each calendar year.
(c) In the event that a dwelling unit claimed to
				be a tenant's principal residence is not physically occupied by such tenant for at
				least 184 days per year, the administrative agency or officer may allow or disallow
				protected tenancy status upon consideration of all relevant factors, including,
				without limitation, voting address, automobile registration and address on driver's
				license, address shown on Federal and State income tax forms, mailing address,
				amount of time spent at the claimed permanent residence and at other locations and
				occupancy of the units by others.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.5 - Determination of eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by the
				Act, the administrative agency or officer shall make a determination as to a
				tenant's eligibility within 30 days of receipt of a completed application from such
				tenant. An application form shall be deemed to be completed when all supplementary
				documentation required by the administrative agency or officer has been
				submitted.
(b) The administrative agency
				or officer shall determine each applicant to be eligible, conditionally eligible or
				ineligible.
1. A tenant shall be determined to be
				eligible only if he or she has established, to the reasonable satisfaction of the
				administrative agency or officer, that he or she meets all requirements established
				by the Act as of the date of application.
2. A tenant shall be determined to be
				conditionally eligible only if he or she has established to the reasonable
				satisfaction of the administrative agency or officer, that he or she meets all
				requirements established by the Act as of the date of application, except the
				one-year residency requirement or the 62-year age requirement, or both; provided,
				however, that the one-year residency requirement shall not apply to a tenant who is
				occupying the unit as his or her principal residence under a lease with a term of
				more than one year.
i. A conditionally eligible
				tenant shall automatically become eligible if the conversion recording, as defined
				in the Act, occurs after the tenant's first anniversary of establishing a principal
				residence in the building, if applicable, or 62nd birthday, whichever is
				later.
ii. If the conversion recording
				precedes either such first anniversary, in the case of a tenant not having a lease
				with a term of more than one year, or such 62nd birthday, the tenant shall
				automatically become ineligible.
iii. In
				the event that a tenant is determined to be conditionally eligible the determination
				notice sent to the tenant and to the owner shall indicate the date after which the
				tenant will be eligible if the conversion recording has not been made.
3. Any tenant not determined to be
				either eligible or conditionally eligible shall be determined to be
				ineligible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.6 - Subsequent determination of ineligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon presentation to
				the administrative agency or officer of credible evidence indicating that a tenant
				is no longer qualified under the Act for protected tenancy status, the
				administrative agency or officer shall thoroughly investigate the matter and shall
				make a determination as to continued eligibility. Notice of such determination shall
				be given to both the owner of the building, or of the unit, as the case may be, and
				to the tenant.
(b) A tenant claiming
				continued eligibility and any person contesting such claim shall present such
				evidence as the administrative agency or officer may require. All parties in
				interest shall be given an opportunity to examine and respond to such evidence as
				may be presented by another party.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.7 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved
				by any determination of an administrative agency or officer shall be entitled to an
				administrative hearing before such agency or officer or before a hearing officer
				designated by such agency or officer.
(b) Application for an administrative hearing
				shall be made within 10 days of receipt by the aggrieved person of notice of such
				determination. The application shall include a statement setting forth a credible
				factual basis for a finding that a determination either granting or denying
				protected tenancy status, as the case may be, was based upon incorrect or incomplete
				information and/or setting forth the manner in which the determination is alleged to
				be contrary to law.
(c) All notices of
				determination issued by an administrative agency or officer shall advise the
				recipient of the right to a hearing and of the 10 day application requirement,
				including the information required to be included in the application, and shall give
				the name and address of the person to whom applications for hearings are to be
				made.
(d) Administrative hearings shall
				be held within 10 days of application therefor, except that the administrative
				agency or officer may hold hearings later due to extenuating circumstances such as,
				without limitation, a large number of applications for hearings being received
				within a short period of time.
(e)
				Notice of administrative hearings shall be given to all known parties in interest,
				all of whom shall have the opportunity to testify and present evidence and to
				examine adverse witnesses and evidence, including without limitation, application
				forms and supporting documentation previously submitted to the administrative agency
				or officer.
(f) A sound recording of the
				administrative hearing shall be made, and a transcript shall be obtainable, in
				accordance with the rules applicable to the municipal courts.
(g) Within 10 days of the hearing, the
				administrative agency or officer shall issue a written final decision either
				upholding or revising the original determination and stating the reasons therefor.
				Appeal from such final decision shall be to the courts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.8 - Rent increases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The protection
				provided by section 10 of the Act to tenants in municipalities with rent control
				ordinances in effect shall apply to all protected tenants, and to all tenants,
				regardless of age, condition, length of residency or income, to whom notice of
				termination pursuant to section 3g of P.L. 1974, c.49 (2A:18-61.2 ) has been given. Any
				provision in any rent control ordinance to the contrary notwithstanding, the
				protection provided by the rent control ordinance shall apply even if a unit, or the
				proprietary lease thereto, is sold to a person who purchases three or fewer units. A
				fair return of hardship increase application may be made by the owner of any such
				unit or proprietary lease, subject to the provisions of section 10 of the
				Act.
(b) In conformity with the Act, no
				rent increase shall be required of any tenant in any converted building in any
				municipality not having a rent control ordinance if such increase would be deemed
				unreasonable pursuant to
				5:24-1.12(c).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.9 - Procedural requirements for owners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner providing
				notice to an administrative agency or officer of his or her intention to file an
				application for registration of conversion with the Division of Codes and Standards
				shall provide to the administrative agency or officer sufficient current copies of
				the following forms provided by the administrative agency or officer:
1. Instruction sheet;
2. Tenant notification requirement;
3. Application form;
4. Tenant affidavit;
5. Income eligibility list;
6. Completed notice form.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.10 - Certification by administrative agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days of
				receipt of the required tenant list, forms and stamped envelopes, the administrative
				agency or officer shall mail to each tenant the notice required by the Act, together
				with all other forms required pursuant to
				5:24-2.9.
(b) Within two business days of the mailing of
				such notices, the administrative agency or officer shall provide to the owner an
				affidavit or certification of mailing by the person who mailed the notices. A
				duplicate of such affidavit or certification shall be included in the application
				for registration submitted by the owner to the Division of Codes and Standards,
				submission of such affidavit or certification with respect to all applications filed
				within the statutory 60 day period being a precondition to the issuance by the
				Division of Codes and Standards of a notice of filing for registration.
(c) Within two business days of having mailed
				notices of determination of eligibility to all applicants who filed during the
				statutory 60 day period, such determinations being required by the Act to be made in
				each case within 30 days of application, the administrative agency or officer shall
				provide to the owner a list of such determinations and an affidavit or certification
				by the person who mailed notices of such determination to the applicants. A
				duplicate of such list of determinations and affidavit or certification shall be
				forwarded by the administrative agency or officer to the Division of Codes and
				Standards at PO Box 805, Trenton, New Jersey 08625-0805, receipt thereof being a
				precondition of registration.
(d) In the
				event that any determination is made after the statutory 60 day period upon
				application of any disabled person pursuant to
				5:24-2.3(a)1, the
				administrative agency or officer shall make a determination as to eligibility and
				provide notice of such determination to the applicant and the owner not later than
				30 days after receipt of a completed application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY › Section 5:24-2.11 - Administrative agency fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipality or
				county having responsibility for the administrative agency or officer may establish
				a fee schedule, which may vary according to the size of the building or project to
				be converted, to be paid by the owners upon submission of tenant lists, forms and
				stamped envelopes to the administrative agency or officer.
(b) Any fee schedule established pursuant to this
				section, shall be designed to fully or partially cover the cost of discharging the
				responsibilities imposed by the Act upon the administrative agency or officer and
				not to provide revenue in excess of such cost. A separate administrative hearing fee
				may be established.
(c) The failure of a
				municipality or county to establish a fee schedule shall in no way relieve the
				administrative agency or officer of any obligation imposed by the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 3 - PROTECTED TENANCY IN QUALIFIED COUNTIES › Section 5:24-3.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is
				adopted pursuant to the Tenant Protection Act of 1992, P.L. 1991, c.509
				(2A:18-61.4 0 et seq.), hereinafter
				referred to as "the Act."
(b) All terms
				defined in the Act shall have the same definitions as in the Act when used in this
				subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 3 - PROTECTED TENANCY IN QUALIFIED COUNTIES › Section 5:24-3.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is
				applicable to persons domiciled in a "qualified county," which means any county with
				a population in excess of 500,000 and a population density in excess of 8,500 per
				square mile, according to the most recent Federal decennial census, or any other
				county for which the Commissioner of Community Affairs finds that there has occurred
				a significant decline in the availability of rental dwelling units due to
				conversions and that, during the immediate preceding 10 year period, the aggregate
				number of rental units subject to registration of conversion exceeded 10,000 during
				any three consecutive years and exceeded 5,000 during at least one of those
				years.
(b) The following county is a
				qualified county:
1. Hudson.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 3 - PROTECTED TENANCY IN QUALIFIED COUNTIES › Section 5:24-3.3 - Application forms and procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for
				protected tenancy under this subchapter shall be made on the form prescribed in
				5:24-2.2 for applications for Senior
				Citizens and Disabled Protected Tenancy. A single form shall be sufficient for both
				applications.
1. Forms used in municipalities in a
				qualified county shall be entitled "Application for Protected Tenancy" and shall
				include a question as to whether the applicant is seeking to qualify for Senior
				Citizens and Disabled Protected Tenancy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT › Subchapter 3 - PROTECTED TENANCY IN QUALIFIED COUNTIES › Section 5:24-3.4 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless the
				municipality provides otherwise by ordinance, the agency or officer administering
				the "Senior Citizens and Disabled Protected Tenancy Act," P.L. 1981, c.226, and the
				implementing rules set forth in subchapter 2, of this chapter, shall administer this
				subchapter.
(b) Principal residence
				shall be determined in accordance with
				5:24-2.4.
(c) Eligibility shall be determined in accordance
				with 5:24-2.5, except that all references to
				conditional eligibility shall be inapplicable.
(d) Subsequent ineligibility shall be determined
				in accordance with
				5:24-2.6.
(e) Administrative hearings shall be provided and
				conducted in accordance with
				5:24-2.7.
(f) Procedural requirements for owners shall be as
				set forth in 5:24-2.9.
1. No separate filing or issuance of notices under
				both 5:24-2.9 and under this section shall be
				required if the forms and information provided to tenants make appropriate
				references both to Senior Citizens and Disabled Protected Tenancy and to protected
				tenancy under this subchapter and the Act.
2. An owner of a building in a qualified county
				who has previously complied with
				5:24-2.9 shall comply with the
				procedural requirements of
				5:24-2.9(a)  -(c)
				again, in order to provide appropriate notice to persons who have not received
				Senior Citizens and Disabled Protected Tenancy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 5:25-1.1 - Title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be known as and may be cited as "Regulations
				  Governing New Home Warranties and Builders' Registration".
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 5:25-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall: prescribe the form and coverage of the
				  minimum warranty established by the Act; govern procedures for the implementation
				  and processing of claims pursuant to the warranty; establish requirements for
				  registration as a builder, and procedures governing the denial, revocation and
				  suspension of builders registration; and, establish the requirements of private
				  alternate New Home Warranty Security Plans and of the State New Home Warranty
				  Security Plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 5:25-1.4 - Administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of
				Codes and Standards in the Department of Community Affairs shall administer and
				enforce this chapter. All the powers, duties and responsibilities vested in the
				Commissioner by the New Home Warranty and Builders' Registration Act are hereby
				delegated to and vested in the Director of the Division of Codes and Standards
				except the power to adopt, amend or repeal rules and the power to make final
				determinations resulting from any of the hearings required or permitted to be held
				pursuant to the Act, this chapter or the Administrative Procedure Act,
				52:14B-1 et seq.
(b) Within the Division of Codes and Standards,
				responsibility for the administration and enforcement of these rules shall be vested
				in the Bureau of Homeowner Protection. All powers and responsibilities delegated to
				the Director, Division of Codes and Standards by this chapter shall be executed,
				subject to supervision by the Director and by the Assistant Director for
				Construction Code Enforcement, by the Chief, Bureau of Homeowner Protection, who
				acts as State Plan administrator.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 5:25-1.5 - Effective date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				these regulations prescribing the new home warranty and the procedures for the
				implementation and processing of claims against a warranty shall take effect on July
				1, 1979. No builder shall on or after that date, transfer title of possession for
				occupancy of any new home to an owner, unless the builder shall have registered in
				accordance with this chapter.
(b) No
				builder who has been issued a certificate of registration pursuant to these
				regulations shall, after August 1, 1979 be required to be licensed or registered by
				any municipality of this State; nor shall any builder be required to offer any
				warranty by any municipality; nor shall any builder be required to post any bond or
				any other form of security relating to the construction of a new home, exclusive of
				those required by water, sewer, utility, or land use requirements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 5:25-1.6 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
If any provisions of this chapter or the application thereof to
				  any person or circumstances is held invalid, the invalidity shall not affect other
				  provisions or applications of this chapter which can be given effect and to this end
				  the provisions of this chapter are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.1 - Registration required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual,
				partnership, corporation or other business entity shall engage in the business of
				constructing new homes unless registered with the Department in accordance with this
				subchapter.
(b) No corporation,
				partnership, or other business entity shall be issued a registration in accordance
				with this subchapter nor shall they engage in the business of construction of new
				homes unless a stockholder, director, officer, partner or employee thereof, as the
				case may be, shall be listed as a builder designee in accordance with this
				subchapter.
(c) For the purpose of these
				regulations, the term "engaging in the business of construction of new homes" shall
				mean and include constructing any new home for sale, acting as prime contractor to
				construct any new home on behalf of oneself or another person or advertising or
				holding oneself out as constructing or being available to construct a new home or
				homes.
1. The term shall also mean and include the
				sale or transfer of title to a parcel of land to any person and the subsequent
				participation in the construction of a new home or any part of a new home by the
				seller or transferor.
2. The term shall
				also include a person who contracts with a general contractor or with subcontractors
				for the construction of a new home for the purpose of sale to an owner.