N.J. Admin. Code § 5:11-1.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 5:11-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context or any definition set forth in P.L. 1967, c.79 (52:31B-1 et seq.) or P.L. 1971, c.362 (20:4-1 et seq.) clearly indicates otherwise.

"Business" means any lawful activity, except a farm operation, conducted primarily:

1. For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities or any other personal property;

2. For the sale of services to the public;

3. By a non-profit organization; or

4. Solely for the purpose of qualifying for moving and related expenses, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, (personal property) or services by the erection and maintenance of an outdoor advertising display or displays. Such displays do not necessarily have to be located on the premises on which any of the cited activities are conducted.

"Commissioner" means the Commissioner of the Department of Community Affairs.

"Comparable replacement dwelling" means a dwelling which is:

1. Decent, safe and sanitary;

2. Functionally equivalent and substantially the same as the former dwelling with respect to number of rooms, areas of living space, age and state of repair, provided that it is standard and adequate in size to accommodate the family or individual;

3. In an area not subjected to unreasonable adverse environmental conditions from either natural or man-made sources;

4. In an area not generally less desirable than the area in which the acquired dwelling was located in regard to public and commercial facilities;

5. In an area reasonably accessible to the displaced person's present or potential place of employment;

6. Open to all persons regardless of race, color, religion, age, sex, marital or handicapped status or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968 and the New Jersey Law Against Discrimination as amended and not inconsistent with any Federal statutes, rules or regulation applicable.

7. Within the financial means of the displaced person. For the purpose of this definition, any monies paid hereunder shall be included in determining financial means.

"Decent, safe and sanitary housing" means housing that is in sound, clean and weathertight condition and is in conformity with local and state housing and health codes.

"Department" means the Department of Community Affairs.

"Displaced" means required to vacate any real property lawfully occupied pursuant to any order or notice of any displacing agency on account of a program of acquisition, code enforcement proceedings or voluntary rehabilitation of buildings.

"Displacing agency" means any State Agency, unit of local government or publicly funded entity as herein defined.

"Dwelling" means the house, apartment or other residential unit that is the permanent place of principal lawful residence of a person or family and to which such person or family whenever absent has the intention of returning.

"Economic rent" means the fair market rental of the property on the open market.

"Emergency relocation" means when a lawful occupant of a dwelling unit is required to immediately vacate due to the enforcement of any applicable code.

"Family" means two or more individuals, regardless of blood or legal ties, who live together as a family unit.

"Farm operation" means any activity which is conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily, produces commodities in sufficient quantity to be capable of contributing materially to the operator's support. The term "contributing materially" used in this definition means that the farm operation contributes at least one-third of the operator's income.

"Incidental expenses" means the amount of actual costs incurred in the purchase of a replacement dwelling by a person who is displaced including but not limited to fees for legal services, title search, title insurance, recording of title instruments, mortgage applications, payment for loss of favorable financing, and credit reports. Prepaid expenses are not considered "incidental expenses".

"Lawful occupant" means a person whose occupancy of a dwelling unit or property is recognized by the owner and is not the result of a trespass or unauthorized sublease or assignment.

"Person" means any individual or family, owner of a business concern or farm operation, partnership, corporation or association.

"Personal property (tangible personal property)" means:

1. Tangible property which is situated on the real property vacated or to be vacated by a displaced person and which is considered personal property and is non-compensable (other than for moving expenses) under the state law of eminent domain; and

2. In the case of a tenant, fixtures and equipment and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, and at his election determines to move and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the determination as to whether an item of property is personal or real shall depend upon how it is identified in the acquisition appraisals and the closing or settlement statement with respect to the real property acquisitions: provided, that no item of property which is compensable under state law to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of tangible personal property.

"Publicly funded entity" means a private entity that receives public funds from any municipal, county, state or federal program for use in a project that causes displacement.

"State Agency" means any department, division, office, agency or bureau of this state or any authority or instrumentality created or chartered thereby.

"Temporary relocation" means when a lawful tenant is required to move from a dwelling that is undergoing rehabilitation and, upon completion of the rehabilitation, may return.

"Unit of local government" means any political subdivision of this State, or any two or more such political subdivisions acting jointly pursuant to law, and any department, division, office, agency or bureau thereof or any authority of instrumentality created or chartered thereby.

"WRAP" means the Workable Relocation Assistance Plan required to be submitted to the Department for approval prior to the undertaking of any relocation activities.

N.J. Admin. Code § 5:11-1.2

Amended by R.1984 d.127, effective 4/16/1984.
See: 16 N.J.R. 175(a), 16 N.J.R. 870(b).
Definitions of "Commissioner" and "Displaced" modified; "WRAP" added.
Amended by R.1987 d.518, effective 12/21/1987.
See: 19 N.J.R. 1596(a), 19 N.J.R. 2388(c).
Added definition "lawful occupant".
Amended by R.1990 d.113, effective 2/5/1990.
See: 21 N.J.R. 3694(a), 22 N.J.R. 336(a).
Added statutory references and amended "unit of local government".
Amended by R.1994 d.174, effective 4/4/1994.
See: 26 N.J.R. 289(a), 26 N.J.R. 1493(b).