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Tuesday, July 15, 2014

2A:18-59. Review; landlord liable for unlawful proceedings

2A:18-59.  Review;  landlord liable for unlawful proceedings    Proceedings had by virtue of this article shall not be appealable except on  the ground of lack of jurisdiction.  The landlord, however, shall remain liable  in a civil action for unlawful proceedings under this article. L.1951 (1st SS), c.344. 2A:18-59.1.  Terminally ill tenants       Notwithstanding the provisions of any other law to the contrary, the Superior Court may authorize and review one year stays of eviction during which the tenant shall be entitled to renew the lease at its term of expiration, subject to reasonable changes proposed to the tenant by the landlord in written notice, whenever: 

    a.   The tenant fulfills all the terms of the lease and removal is sought under subsection a. of N.J.S.2A:18-53 where a residential tenant holds over after written notice for delivery of possession; and 

    b.   The tenant has a terminal illness which illness has been certified by a licensed physician; and 

    c.   There is substantial likelihood that the tenant would be unable to search for, rent and move to a comparable alternative rental dwelling unit without serious medical harm; and 

    d.   The tenant has been a tenant of the landlord for a least two years prior to the issuance of the stay. 

    In reviewing a petition for a stay of eviction, the court shall specifically consider whether the granting of the stay of eviction would cause an undue hardship to the landlord because of the landlord's financial condition or any other factor relating to the landlord's ownership of the premises.  

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