N.J. Admin. Code § 5:11-2.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:11-2.1 - Building, housing, and health code enforcement

(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 N.J.A.C. 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 (N.J.S.A. 52:27D-119 et seq.) and N.J.A.C. 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 N.J.S.A. 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 N.J.S.A. 20:4-4.1.

1. In the event that there has been no prosecution of the owner under N.J.S.A. 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.

N.J. Admin. Code § 5:11-2.1

Amended by R.1983 d.59, effective 3/7/1983.
See: 15 N.J.R. 6(b), 15 N.J.R. 330(b).
Added "municipality may provide benefits but shall not be reimbursed by the State".
Amended by R.1984 d.127, effective 4/16/1984.
See: 16 N.J.R. 175(a), 16 N.J.R. 870(b).
(b) "Act of God" deleted; disaster and imminent hazard substituted.
Amended by R.1987 d.518, effective 12/21/1987.
See: 19 N.J.R. 1596(a), 19 N.J.R. 2388(c).
Added (d).
Amended by R.1989 d.188, effective 4/3/1989.
See: 21 N.J.R. 231(b), 21 N.J.R. 891(a).
In (d), cite to "N.J.A.C." changed to "N.J.S.A.".
Amended by R.1994 d.174, effective 4/4/1994.
See: 26 N.J.R. 289(a), 26 N.J.R. 1493(b).
Amended by R.1995 d.386, effective 7/17/1995.
See: 27 N.J.R. 1844(a), 27 N.J.R. 2714(a).
Amended by R.2004 d.222, effective 6/21/2004.
See: 36 N.J.R. 1264(b), 36 N.J.R. 3055(c).
In (a), amended N.J.A.C. references throughout.