Legal Question in Real Estate Law in New Jersey

Certificate of Continued Occupancy CCO and compliance.

We have a situation where our landlord (I represent a 43 tenant association) has failed to obtain a CCO for any of our units since it was adopted by local ordinance on 01/01/1996. Some of us have lived here even longer than 7 years. It is written in our ''Truth in Lending'' guide (issued to tenants in NJ) that ''a landlord who rents to a tenant before obtaining a certificate of occupancy is not entitled to any rent for the period during which there is no certificate of occupancy. Cite:Khoudary v. Salem County, 260 N.J. Super. 79 (App. Div. 1992)''

My question is does a CCO, Certificate of Continued Occupancy (which is what is required in our town) count as the same thing as a CO, and if it is true that our landlord should not be receiving any further rent until he complies by getting CCO's and the associated safety inspections, what about the rent that was previously paid for years and years, during the period where there was no compliance? In the meanwhile, we live in un inspected units, that are not legally habitable in the eyes of our township....and in search of an attorney to assist us.


Asked on 12/13/02, 6:58 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Certificate of Continued Occupancy CCO and compliance.

A CO is issued when the unit is first constructed, a CCO when there is a change in occupancy thereafter, but both essentially are intended to accomplish the same thing - compliance with safety and construction codes. I am not familiar with the facts of the case, but if a CO or CCO was required and not obtained, you seem to have a cause of action against the landlord. However, the passage of time (like 7 years) may be a defense to a case (laches at the law) since if you have rights you cannot sit on your rights.

Read more
Answered on 12/16/02, 12:38 pm
Glen Chulsky Law Office of Glen H. Chulsky

Re: Certificate of Continued Occupancy CCO and compliance.

Our firm is very experienced handling matters like yours. There are many laws like the one you're speaking of, which protect tenants. The trick is being able to use other laws in conjunction with the tenant laws. I would be happy to offer you or another member of your association, a free consultation to discuss further. You can reach me at 973-659-3400.

Read more
Answered on 12/14/02, 8:42 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey