N.J. Admin. Code § 5:24-1.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:24-1.2 - Procedures; definitions

(a) When an owner seeks to convert a building from the rental market to a condominium or a cooperative or fee simple ownership of two or more dwelling units, or to convert a mobile home park from the rental market to a condominium or cooperative or fee simple ownership of two or more units or park sites, or to retire a mobile home park permanently from the rental market, there are several procedures required to be followed pursuant to 2A:18-61.6 through 61.12.

(b) The following terms used in the statutes and these rules are defined as follows:

1. "Multiple dwelling" shall mean any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied, by three or more persons who live independently of each other; provided, that this definition shall not be construed to include any building or structure defined as a hotel in 55:13A-3, or registered as a hotel with the Commissioner of Community Affairs, or occupied or intended to be occupied exclusively as such, or any building under a condominium form of ownership.

2. "Condominium", as in 46:8B-1 et seq., means the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

3. "Cooperative" means a housing corporation or association which entitles the holder of a share of membership interest thereof to possess and occupy for dwelling purposes, a house, apartment or other structure owned or leased by said corporation or association, or to lease or purchase a dwelling to be constructed by said corporation or association.

4. "Mobile home park" means any park, including, without limitation, a trailer park or camp, equipped to accommodate mobile homes on a year-round basis.

5. "Rooming or boarding house" means a building or structure having at least two dwelling units which do not have separate cooking and sanitary facilities for the unit and which are occupied by persons living independently of each other, and having at least 15 percent of such units occupied by persons who either have no other residence or who reside there for more than 90 days.

6. "Comparable housing or park site" means housing that is:

i. Decent, safe, sanitary, and in compliance with all local and State housing codes;

ii. Open to all persons regardless of race, creed, national origin, ancestry, marital status or sex; and

iii. Provided with facilities equivalent to that provided by the landlord in the dwelling unit or park site in which the tenant or mobile home owner then resides in regard to each of the following:

(1) Apartment size, including number of rooms, or park site size;

(2) Rent range;

(3) Apartment's major kitchen and bathroom facilities; and

(4) Special facilities necessary for the handicapped or infirm;

iv. Located in an area not less desirable than the area in which the tenant or mobile home owner then resides in regard to each of the following:

(1) Accessibility to the tenant or mobile home owner's place of employment;

(2) Accessibility of community and commercial facilities; and

(3) Environmental quality and conditions; and

v. In accordance with additional reasonable criteria that the tenant or mobile home owner has requested in writing at the time of making any request under P.L. 1975, c.311, as amended.

N.J. Admin. Code § 5:24-1.2

Amended by R.1985 d.529, effective 10/21/1985.
See: 17 New Jersey Register 1706(a), 17 New Jersey Register 2536(a).
Substantially amended.
Amended by R.1990 d.507, effective 10/15/1990.
See: 22 New Jersey Register 2208(a), 22 New Jersey Register 3218(a).
Definition of comparable housing or park site added.