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Tuesday, July 15, 2014

2A:18-61.9. Notice to tenant after master deed or agreement to establish cooperative

2A:18-61.9.  Notice to tenant after master deed or agreement to establish cooperative    Any owner who establishes with a person an initial tenancy after the master  deed or agreement establishing the cooperative was recorded shall provide to  such person at the time of applying for tenancy and at the time of establishing  any rental agreement a separate written statement as follows:

      "STATEMENT

     THIS BUILDING (PARK) IS BEING CONVERTED TO OR IS A CONDOMINIUM OR COOPERATIVE (OR FEE SIMPLE OWNERSHIP OF THE SEVERAL DWELLING UNITS OR PARK SITES).  YOUR TENANCY CAN BE TERMINATED UPON 60 DAYS' NOTICE IF YOUR APARTMENT (PARK SITE) IS SOLD TO A BUYER WHO SEEKS TO PERSONALLY OCCUPY IT. IF YOU MOVE OUT AS A RESULT OF RECEIVING SUCH A NOTICE, AND THE LANDLORD ARBITRARILY FAILS TO COMPLETE THE SALE, THE LANDLORD SHALL BE LIABLE FOR TREBLE DAMAGES AND COURT  COSTS."

    The parenthesized words shall be omitted or substituted for preceding words  where appropriate.  Such statement shall also be reproduced as the first clause  in any written lease provided to such person.

     L.1975, c. 311, s. 6, eff. Feb. 19, 1976.  Amended by L.1981, c. 8, s. 5, eff.  Jan. 26, 1981.
 
2A:18-61.10.  Removal of tenant to allow conversion to cooperative or condominium;  moving expense compensation    Any tenant receiving notice under section 3 g. of P.L.1974, c. 49 who is not  evicted for any cause under this act other than under section 3 g. shall receive from the owner moving expense compensation of waiver of payment of 1 month's rent.

     L.1975, c. 311, s. 7, eff. Feb. 19, 1976.
 
2A:18-61.11.  Comparable housing;  offer of rental;  stay of eviction; alternative compensation;  senior citizens and disabled protected tenancy period    a.  Tenants receiving notice under section 3 g. of P.L.1974, c. 49 may request of the landlord within 18 full months after receipt of such notice, and  the landlord shall offer to the tenant, personally or through an agent, the  rental of comparable housing or park site and a reasonable opportunity to examine and rent such comparable housing or park site.  In any proceeding under  subsection 2 k. of P.L.1974, c. 49 instituted following the expiration of  notice required under section 3 g. of P.L.1974, c. 49, the owner shall prove  that a tenant was offered such comparable housing or park site and provided  such reasonable opportunity to examine and rent such housing or park site as  requested pursuant to this section.  The court shall authorize 1-year stays of  eviction with reasonable rent increases until such time as the court is  satisfied that the tenant has been offered comparable housing or park site and  provided a reasonable opportunity to examine and rent such housing or park site  as requested pursuant to this section.  However, in no case shall more than  five such stays be granted.

    b.  The court shall automatically renew any 1-year stay of eviction in any case where the landlord failed to allege to the court within 1 year of a prior stay that the tenant was offered a reasonable opportunity to examine and rent comparable housing or park site within such prior year.

    c.  However the court shall not authorize any further stays at any time after one such stay has been authorized when the owner has also provided a tenant with hardship relocation compensation of waiver of payment of 5 months' rent.

    d.  On or after the effective date of the  "Senior Citizens and Disabled Protected Tenancy Act,"  P.L. [1981], c. [226] (C. [2A:18-61.22 et seq.] ), notwithstanding the provisions of subsection a. of this section, where the court has jurisdiction pursuant to that subsection, whether by virtue of the authorization by the court of a stay of eviction or by virtue of any other proceedings required or instituted pursuant to P.L.1974, c. 49 (C. 2A:18-61.1 et seq.) or P.L.1975, c. 311 (C. 2A:18-61.6 et seq.), or in any action for declaratory judgment, the court may invoke some or all of the provisions of the   "Senior Citizens and Disabled Protected Tenancy Act" and grant to a tenant,  pursuant to that amendatory and supplementary act, a protected tenancy period  upon the court's determination that:

    (1) The tenant would otherwise qualify as a senior citizen tenant or disabled tenant pursuant to that amendatory and supplementary act, except that the building or structure in which the dwelling unit is located was converted prior to the effective date of that amendatory and supplementary act;  and

    (2) The granting of the protected tenancy period as applied to the tenant, giving particular consideration to whether a unit was sold on or before the date that the amendatory and supplementary act takes effect to a bona fide individual purchaser who intended personally to occupy the unit, would not be violative of concepts of fundamental fairness or due process. Where a court declines to grant a protected tenancy status, it shall nevertheless order such hardships stays as authorized by subsections a. and b. of this section until comparable relocation housing is provided.  The hardship relocation compensation alternative of subsection c. of this section shall not be applicable in this situation.

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