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Tuesday, July 15, 2014

2A:42-93. Order permitting performance of work in lieu of judgment; security; failure to exercise due diligence; hearing; judgment; appointment of administrator; powers

2A:42-93.  Order permitting performance of work in lieu of judgment; security;  failure to exercise due diligence;  hearing;  judgment; appointment of administrator;  powers
 a.  If, after a trial, the court shall determine that the facts alleged in the petition have been affirmatively established by the petitioner, that no defense thereto specified in this act has been affirmatively established by the  owner or a mortgagee or lienor of record, and that the facts alleged in the  petition warrant the granting of the relief sought, and if the owner or any  mortgagee or lienor of record or parties in interest in the property, shall  apply to the court to be permitted to remove or remedy the conditions specified  in such petition and shall (1) demonstrate the ability promptly to undertake  the work required;  and (2) post security for the performance thereof within  the time, and in the amount and manner deemed necessary by the court, then the  court, in lieu of rendering judgment as provided in this act, may issue an  order permitting such person to perform the work within a time fixed by the  court.

    b.  If, after the issuance of an order pursuant to subdivision a. of this section, but before the time fixed in such order for the completion of the work  prescribed therein, it shall appear to the petitioner that the person permitted  to do the same is not proceeding with due diligence, the petitioners may apply  to the court on notice to those persons who have appeared in the proceeding for  a hearing to determine whether judgment should be rendered immediately as  provided in subdivision c. of this section.

    c.  If, upon a hearing authorized in subdivision b. hereof, the court shall  determine that such owner, mortgagee, lienor or parties in interest is not  proceeding with due diligence, or upon the failure of such owner, mortgagee,  lienor or parties in interest to complete the work in accordance with the  provisions of said order, the court shall render a final judgment appointing an  administrator as authorized in this act.  Such judgment shall direct the  administrator to apply the security posted by such person to the removing or  remedying of the condition or conditions specified in the petition.  In the  event that the amount of such security should be insufficient for such purpose,  such judgment shall direct the deposit of rents with the clerk, as authorized  by this act, to the extent of such deficiency.  In the event that such security  should exceed the amount required to remove or remedy such condition or  conditions, such judgment shall direct the administrator to file with the  court, upon completion of the work prescribed therein, a full accounting of the  amount of such security and the expenditures made pursuant to such judgment,  and to turn over such surplus to the person who posted such security, together  with a copy of such accounting.

    d.  The court is authorized and empowered, in implementing a judgment rendered pursuant to this act, to appoint an administrator who may be a public officer of the municipality wherein the subject dwelling is situated, an incorporated or unincorporated association, or other responsible person or persons, except that no owner, mortgagee or lienor of the subject dwelling shall be appointed an administrator of said dwelling.

    The administrator is authorized and empowered, subject to the court's direction, to receive from the clerk such amounts of rent moneys or security deposited with said clerk as may be necessary to remove or remedy the condition  or conditions specified in the judgment.

     L.1971, c. 224, s. 9, eff. June 21, 1971.
2A:42-94.  Accounts of receipts and expenditures;  presentation or settlement;  notice    The court shall require the keeping of written accounts itemizing the receipts and expenditures under an order issued pursuant to this act, which shall be open to inspection by the owner, any mortgagee or lienor or parties in  interest in such receipts or expenditures.  Upon motion of the court or the  administrator or of the owner, any mortgagee or lienor of record or of parties  in interest, the court may require a presentation or settlement of the accounts  with respect thereto.  Notice of a motion for presentation or settlement of  such accounts shall be served on the owner, any mortgagee or other lienor of  record who appeared in the proceeding and any parties in interest in such  receipts or expenditures.

     L.1971, c. 224, s. 10, eff. June 21, 1971.
2A:42-95.  Compensation of administrator;  bond    The court may allow from the rent moneys or security on deposit a reasonable  amount for the services of an administrator appointed under the provisions of  this act.  The administrator so appointed shall furnish a bond, the amount and  form of which shall be approved by the court.  The cost of such bond shall be  paid from the moneys so deposited.

     L.1971, c. 224, s. 11, eff. June 21, 1971.
2A:42-96.  Waiver of provisions of act
 Any provision of a lease or other agreement whereby any provision of this act for the benefit of a tenant, resident or occupant of a dwelling is waived, shall be deemed against public policy and shall be void.

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