ASSEMBLY, No. 679

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman BAGGER

 

 

An Act concerning certain illegal occupancies and amending P.L.1993, c.342.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 3 of P.L.1993, c.342 (C.2A:18-61.1g) is amended to read as follows:

    3. a. A municipality may enact an ordinance providing that any tenant who receives a notice of eviction pursuant to section 3 of P.L.1974, c.49 (C.2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this section.

    b. A municipality that has enacted an ordinance pursuant to subsection a. of this section may pay relocation assistance to any displaced person who has not received the required payment from the owner of the structure at the time of eviction pursuant to subsection a. of this section from a revolving relocation assistance fund established pursuant to section 2 of P.L.1987, c.98 (C.20:4-4.1a). All relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner of the structure to the municipality in the same manner as relocation costs are billed and collected under section 1 of P.L.1983, c.536 (C.20:4-4.1) and section 1 of P.L.1984, c.30 (C.20:4-4.2). These repayments shall be deposited into the municipality's revolving relocation assistance fund.

    c. A municipality that has enacted an ordinance pursuant to subsection a. of this section, in addition to requiring reimbursement from the owner of the structure for relocation assistance paid to a displaced tenant, may require that an additional fine for zoning or housing code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, be paid to the municipality by the owner of the structure.

    In addition to this penalty, a municipality may impose upon the owner, for a second or subsequent violation for an illegal occupancy, a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to “the penalty enforcement law,” N.J.S.2A:58-1 et seq. The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to P.L.1967, c.271 (N.J.S.18A:38-19) and the payment of the fine shall be remitted to the appropriate school district.

    d. For the purposes of this section, the owner of a structure shall exclude mortgagees in possession of a structure through foreclosure.

(cf: P.L.1993, c.342, s.3)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    Unscrupulous landlords, who seek to profit by subdividing their properties to create multiple occupancies in violation of local zoning ordinances, place an undue burden on local schools. Although the school district must admit the children who reside in these illegal occupancies, it receives no increase in real estate taxes to compensate for the cost of educating these children. This bill is intended to remedy this problem. It would impose on landlords who are chronic offenders an additional fine that would be equal to the tuition cost of any children residing in the illegal occupancy who are enrolled in the public schools. This penalty would be imposed on second or subsequent violators. Proceeds would be remitted to the appropriate school districts.

 

 

 

Imposes illegal occupancy fine to reimburse tuition cost.