Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:42-10.17. Warrant for removal; disorderly or destructive residential seasonal tenant The provisions of any other law to the contrary notwithstanding, in any action alleging habitual violation of section 2b. of P.L.1974, c. 49 (C. 2A:18-61.1b.), or violation of section 2c. of P…

2A:42-10.2. Rent payments not to create new tenancy In no event shall any payment made by the tenant to the landlord for continued occupancy of any premises or unit, as provided in section 1 of this act, be deemed to create a new tenancy. L.1956, c. 81, p. 169, s. 2.

2A:42-10.3. Applicability This act shall be applicable only to those premises or units which on June 30, 1956, shall be subject to rent controls pursuant to the State Rent Control Act of 1953, as amended and supplemented, and municipal ordinances enacted thereunder and to any act…

2A:42-10.4. Repealer "An act concerning the issuance of warrants for removal and writs of possession in actions to recover possession of premises used for dwelling purposes," approved April 11, 1949, is repealed. L.1956, c. 81, p. 170, s. 4.

2A:42-10.5. Effective date This act shall take effect June 30, 1956. L.1956, c. 81, p. 170, s. 5. Amended by L.1958, c. 90, p. 534, s. 1; L.1959, c. 27, p. 118, s. 1, eff. May 11, 1959.

2A:42-10.6. Judge to use sound discretion in issuing warrants or writs for removal or writs of possession; stay of issuance; limitation 1. Notwithstanding any other provisions of law, in any action brought by a landlord against a tenant to recover possession of premises or unit u…

2A:42-10.7. Rent payments not to create new tenancy In no event shall any payment made by the tenant to the landlord for continued occupancy of any premises or unit, as provided in section 1 of this act, be deemed to create a new tenancy. L.1957, c. 110, p. 215, s. 2.

2A:42-10.8. Applicability This act shall apply to all actions and proceedings by a landlord against a tenant to recover possession of premises used for dwelling purposes for which warrants or writs of removal shall not have been satisfied, but this act shall not be operative as t…

2A:42-10.9. Effective date This act shall take effect immediately. L.1957, c. 110, p. 215, s. 4. Amended by L.1958, c. 90, p. 534, s. 2; L.1959, c. 27, p. 118, s. 2, eff. May 11, 1959.

2A:42-103. Definitions As used in this act: "Continuing nuisance" means the keeping of a domesticated animal in a manner which interferes with the health, security and comfort of the other residents of a senior citizen housing project, or the keeping of domesticated animals of a …

2A:42-104. Resident of senior citizen housing project permitted to have domesticated animal Any senior citizen residing in a senior citizen housing project shall, upon providing written notice to the landlord, be permitted to own, harbor or care for a domesticated animal while a …

2A:42-105. Arbitrary refusal to renew lease; penalty a. A landlord shall not arbitrarily refuse to renew a lease for a dwelling unit in a senior citizen housing project to any senior citizen who owns, harbors or cares for a domesticated animal in accordance with the provisions of…

2A:42-106. Landlord immunity a. A landlord who is in compliance with the provisions of this act shall not be liable to respond in damages in any civil action for injury to persons or property caused by a domesticated animal owned, harbored or cared for by a senior citizen who is …

2A:42-107. Allowable circumstances for refusal to renew lease Under the following circumstances, a landlord may refuse to renew a senior citizen's lease for a dwelling unit in a senior citizen housing project or may require that a senior citizen remove, by sale, donation, gift, o…

2A:42-108. Guard dog The presence of a guard dog used by the landlord shall not constitute a waiver of the provisions of this act. L.1990,c.55,s.6.

2A:42-109 Rights of person with disabilities. 7. Nothing in this act shall impair the rights of a person with disabilities to own, harbor or care for a domesticated animal, including guide dogs and service dogs, in accordance with the "Law Against Discrimination," P.L.1945, c.169…

2A:42-11. Action for rent A person to whom rent is due upon a lease or other agreement may bring an action for such rent whether the term of the letting be for a definite term or for life or otherwise. L.1951 (1st SS), c.344.

2A:42-110. Removal of continuing nuisance Nothing in this act shall limit the legal rights and remedies of a landlord under the lease or the master deed and bylaws, as the case may be, to remove a domesticated animal that constitutes a continuing nuisance to the welfare or proper…

2A:42-111. Rules, regulations a. A landlord shall have the right to promulgate reasonable written rules and regulations, in accordance with the provisions of this act, relating to the care and maintenance of domesticated animals by senior citizens, except that a landlord may not …

2A:42-112. Rights of municipality not limited Nothing in this act shall limit the rights of a municipality to prohibit, by ordinance, the owning, harboring or keeping of certain species of animals within the municipality. L.1990,c.55,s.10.

2A:42-113. Definitions; disclosure statements to senior citizen housing residents 2. a. As used in this section: "Landlord" means, in the case of a senior citizen housing project in which dwelling units are rented or offered for rent, the person or persons who own or purport to o…

2A:42-114 Short title. 1. This act shall be known and may be cited as the "Multifamily Housing Preservation and Receivership Act." L.2003,c.295,s.1.

2A:42-115 Findings, declarations relative to multifamily housing. 2. The Legislature finds and declares that: a. Many citizens of New Jersey are adversely affected by blighted residential property, including both those who live in buildings that fail to meet adequate standards fo…

2A:42-116 Definitions relative to multifamily housing. 3. As used in P.L.2003, c.295 (C.2A:42-114 et al.): "Agency" means the New Jersey Housing and Mortgage Finance Agency established under section 4 of P.L.1983, c.530 (C.55:14K-4); "Building" means any building or structure and…

2A:42-117 Action to appoint receiver. 4. A summary action or otherwise to appoint a receiver to take charge and manage a building may be brought by a party in interest or qualified entity in the Superior Court in the county in which the building is situated. Any receiver so appoi…

2A:42-118 Contents of complaint. 5. A complaint submitted to the court shall include a statement of the grounds for relief and: a. Documentation of the conditions that form the basis for the complaint; b. Evidence that the owner received notice of the conditions that form the bas…

2A:42-119 Serving of complaint. 6. The plaintiff shall serve the complaint and any affidavits or certifications that accompanied the complaint upon the parties in interest, the current owner of the property, and all mortgage holders and lienholders of record determined by a title…

2A:42-12. Death of tenant for life; remedy for recovery of rent When a tenant for life shall die before or on the day on which rent was reserved or made payable, upon a lease of real estate which determined on the death of the tenant for life, the executors or administrators of t…

2A:42-120 Receipt of notice, determination of ownership. 7. Upon receipt of notice given by a plaintiff in a receivership proceeding pursuant to section 6 of P.L.2003, c.295 (C.2A:42-119), the agency shall forthwith determine whether the building is owned by a limited partnership…

2A:42-121 Action of court relative to complaint. 8. a. The court shall act upon any complaint submitted pursuant to section 4 of P.L.2003, c.295 (C.2A:42-117) in a summary manner; b. At the discretion of the court, any party in interest may intervene in the proceeding and be hear…

2A:42-122 Opposition of owner to relief sought in complaint. 9. a. If the owner opposes the relief sought in the complaint brought under subsection b. of section 4 of P.L.2003, c.295 (C.2A:42-117) and demonstrates by a preponderance of the evidence that repairs were made in timel…

2A:42-123 Appointment of receiver, other relief. 10. a. If the court determines, after its summary hearing, that the grounds for relief set forth pursuant to section 5 of P.L.2003, c.295 (C.2A:42-118) have been established, the court may appoint a receiver and grant such other re…

2A:42-124 Denial of rights, remedies afforded lien, mortgage holders. 11. Notwithstanding any provision to the contrary pursuant to P.L.2003, c.295 (C.2A:42-114 et al.), a court may in its discretion deny a lienholder or mortgage holder of any or all rights or remedies afforded l…

2A:42-125 Submission of plan by receiver. 12. Within 60 days following the order appointing a receiver pursuant to subsection a. of section 10 of P.L.2003, c.295 (C.2A:42-123), the receiver shall submit a plan for the operation and improvement of the building to the court and pro…

2A:42-126 Bond, surety, insurance posted by receiver, removal of receiver. 13. Upon appointment, the receiver shall post a bond or other such surety or insurance in accordance with the plan approved by the court pursuant to section 12 of P.L.2003, c.295 (C.2A:42-125). The receive…

2A:42-127 Filing, continuation of foreclosure unaffected. 14. a. Neither the filing of a complaint under section 4 of P.L.2003, c.295 (C.2A:42-117) nor the appointment of a receiver under subsection a. of section 10 of P.L.2003, c.295 (C.2A:42-123) shall stay the filing or contin…

2A:42-128 Powers, duties of receiver. 15. The receiver shall have all powers and duties necessary or desirable for the efficient operation, management and improvement of the building in order to remedy all conditions constituting grounds for receivership under P.L.2003, c.295 (C.…

2A:42-129 Responsibilities of receiver in possession of the building. 16. While in possession of the building, the receiver shall: a. Maintain, safeguard, and insure the building; b. Apply all revenue generated from the building consistent with the purposes of P.L.2003, c.295 (C.…

2A:42-13. Action for use and occupation; parol agreement for rent The landlord, his heirs or assigns, may, where the agreement is not in writing, recover a reasonable satisfaction for the real estate, held or occupied by the defendant, in an action for the use and occupation of w…

2A:42-130 Receiver may borrow money, incur indebtedness. 17. a. The receiver may borrow money and incur indebtedness in order to preserve, insure, manage, operate, repair, improve, or otherwise carry out its responsibilities under the terms of the receivership. b. With the approv…

2A:42-131 Receiver entitled to necessary expenses, reasonable fee. 18. a. The receiver shall be entitled to necessary expenses and to a reasonable fee, to be determined by the court. The expenses incurred by a receiver in removing or remedying a condition pursuant to P.L.2003, c.…

2A:42-132 Release of outstanding municipal liens. 19. Upon request by the receiver and following notice by the receiver to the owner of the property, any municipality may, by order of the county board of taxation, release any outstanding municipal liens on any property subject to…

2A:42-133 Order for sale of building. 20. Upon application of the receiver, the court may order the sale of the building if it finds that: a. Notice was given to each current record owner of the building, each mortgagee or lienholder of record, and any other party in interest; b.…

2A:42-134 Manner in which building sold, alternatives. 21. In its application to the court, the receiver shall specify the manner in which it proposes the building to be sold, which alternatives shall include, but not be limited to the following: a. Sale on the open market to an …

2A:42-135 Dismissal of receiver's application to sell property. 22. a. Upon application by the receiver to sell the property the owner or any party in interest may seek to have the receiver's application to sell the property dismissed and the owner's rights reinstated upon a show…

2A:42-136 Sale of property. 23. Upon approval by the court, the receiver shall sell the property on such terms and at such price as the court shall approve, and may place the proceeds of sale in escrow with the court, except that unpaid municipal liens shall be paid from the proc…