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Point Pleasant Beach
City Zoning Code

§ 19-25.14

Control Periods for Restricted Rental Units.

[Added 12-21-2021 by Ord. No. 2021-34]
a. 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Point Pleasant Beach Borough takes action to release the unit from such requirements or to extend the control periods. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented. After 30 years, the Borough shall have unilateral authority to extend or release such controls.
b. 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Ocean. A copy of the filed document shall be provided to the Borough's administrative agent within 30 days of the receipt of a certificate of occupancy.
c. 
A restricted rental unit shall remain subject to the affordability controls described in this section despite the occurrence of any of the following events:
1. 
Sublease or assignment of the lease of the unit;
2. 
Sale or other voluntary transfer of the ownership of the unit; or
3. 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.