Legal Question in Landlord & Tenant Law in New Jersey

Re: NJ renters

Another correspondent forwarded the following to me. It seems to apply to your question:

"Illegal apartments, which often take the form of impermissible attic, basement, and garage units, pose many significant health, fire, and safety risks. For example, many illegal apartments cause fires as a result of the extra burden placed on a building�s electrical system. These apartments are also likely to result in the overcrowding of buildings leading to many health and safety risks. To reduce these risks, the Legislature amended the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., in 1993 to stiffen the penalties against owners of illegal apartments and to provide relocation benefits to tenants that are evicted as a result of zoning law enforcement for illegal occupancy. There has been a great disparity in how courts have interpreted and enforced the amendment for a number of years until the New Jersey Supreme Court"s recent decision in Miah v. Ahmed, 179 N.J. 511 (2004) where the court clarified the overall purpose and meaning behind the statute.

"By analyzing the express language of the statutory provision, the Court ruled that if a landlord violates a zoning ordinance by renting an illegal apartment, it must reimburse the tenant for relocation expenses if the tenant is evicted for illegal occupancy. The landlord is required to pay the displaced tenant an amount equal to six times the monthly rent, five days before the tenant vacates the premises. This amount is mandatory and is not based upon the actual expenses that a tenant incurs for relocating. For example, a tenant may only spend fifty dollars to vacate an illegal apartment and relocate, but the landlord is still required to pay the tenant an amount equal to six times the monthly rent charged to the tenant for the illegal apartment. Also, a landlord is not permitted to deduct past-due rent or other damages owed by the tenant from relocation benefits. Instead, the landlord must institute a separate action against the tenant for any damages owed by the tenant."

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