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Lyndhurst City Zoning Code

§ 21-21.8

Payment of Relocation Costs.

[Ord. No. 2621, § 1; Ord. #2762, § 2; Ord. No. 2823-11]
a. 
In the case of displacement of any person(s) by enforcement of this section or other applicable laws or regulations, any owner of real property who, in violation of law or ordinance, rents an apartment or unit or permits same to be occupied, shall pay to the Township all relocation costs incurred pursuant to applicable statutes, ordinances, and regulation. Relocations costs shall be paid per apartment and apportioned among the inhabitants therein. Individual tenants of a single-dwelling unit shall not each be entitled to individual payments of the entire relocation costs attributable to the entire delinquent unit. Prior to payment of the relocation costs, the payee shall certify, upon such form provided by or acceptable to the Township, the monthly rental amount of the dwelling unit, and shall further certify that to the best of the payee's knowledge, relocation benefits attributable to that dwelling unit have not been previously paid by the owner or its agent.
b. 
In accordance with N.J.S.A. 2A:18-61.1g, any tenant evicted pursuant to N.J.S.A. 2A:18-61.2 because of zoning or code enforcement activity shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental, with the owner-landlord liable for the payment. Such relocation assistance shall be paid by the Township to the tenant immediately upon presentation to the Township of a true and correct copy of the Judgment for Possession, Warrant of Removal, or other proof eviction, and thereafter reimbursed by the owner-landlord to the Township.
c. 
In accordance with N.J.S.A. 20:4-4.1, any tenant displaced by police, the Township Fire Official, Construction Code Official, Code Enforcement Official, Health Officer and/or other applicable municipal officer for reasons of housing or construction code enforcement shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental. Such relocation assistance shall be paid by the Township to the tenant subsequent to displacement from the illegal apartment or dwelling unit and upon the owner's entry of a guilty plea to all charges relative to the tenant's displacement, and/or 20 days after the owner's conviction. The owner-landlord shall be liable for the repayment and reimbursement of all relocations costs paid by the Township to the tenant. This provision shall not bar the tenant from collecting a greater total relocation assistance payment if the tenant demonstrates that the amount necessary to enable the tenant to lease or rent a decent, safe, and sanitary dwelling of adequate accommodation standards in an area not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, for a period not to exceed four years, plus moving expenses and actual direct losses of tangible personal property, exceeds the total amount paid under this Section.
d. 
In accordance with N.J.A.C. 5:11-2.1, any tenant displaced by police, the Township Fire Official, Construction Code Official, Code Enforcement Official, Health Officer and/or other applicable municipal officer for reasons of building, housing, health, or construction code enforcement shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental, with the owner-landlord liable for the payment. Such relocation assistance shall be paid by the Township to the tenant subsequent to displacement from the illegal apartment or dwelling unit and upon the owner's entry of a guilty plea to all charges relative to the tenant's displacement, and/or 20 days after the owner's conviction, and upon the payee's execution of a certification pursuant to paragraph a above. The owner-landlord shall be liable for the repayment and reimbursement of all relocation costs paid by the Township to the tenant. This provision shall not bar the tenant from collecting a total relocation assistance payment in excess of an amount equal to six times the monthly rental if the tenant demonstrates that such amount is less than it would be entitled to under N.J.A.C. 5:11-1.1 et seq. in the absence of this Section.
e. 
In accordance with N.J.S.A. 52:31B-4, any tenant displaced by police, the Township Fire Official, Construction Code Official, Code Enforcement Official, Health Officer and/or other applicable municipal officer by a program of law enforcement shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental. Such relocation assistance shall be paid by the Township to the tenant subsequent to displacement from the illegal apartment or dwelling unit and upon the owner's entry of a guilty plea to all charges relative to the tenant's displacement, and/or 20 days after the owner's conviction. The owner-landlord shall be liable for the repayment and reimbursement of all relocations costs paid by the Township to the tenant. This provision shall not bar the tenant from collecting a greater total relocation assistance payment if the tenant demonstrates that a fair and reasonable relocation assistance payment exceeds the total amounts paid under this Section.
f. 
This section shall be construed in conjunction with all other applicable statutes, ordinances, and regulations.