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Is a Certificate of Occupancy valid...

Seaside Park, NJ |

If a rental home in New Jersey has several building code violations, yet somehow was given a Certificate of Occupancy, is that CO valid? And if the CO is not valid, does the tenant fall into the category of "Illegal Occupancy"? Below is the link/address to NJAC 5:11 (TITLE 5. COMMUNITY AFFAIRS-CHAPTER 11. RELOCATION ASSISTANCE AND EVICTION) which covers "Illegal Occupancy".

Attorney Answers 1


Assuming you are correct and the C/O is invalid then it would be an illegal occupancy. However one wonders why a c/o would be issued if the premises is not up to code. The LL can remedy the issue by executing the neccessary repairs and obtaining a c/o. Under NJSA 2A:18-61.1 (g) and (h) the relocation issue is some what complex. Please call for a consult.

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Thank you for answering me so quickly. The main question I have is if there are numerous code violations, then a CO should never have been issued...correct? I'd like to get more information so as not to waste anyone's time. The local code enforcement officer just shrugged his shoulders when I brought this up to him, stated that my landlord is a constant nuissance and they wished that Sandy would've wiped this place away. Yet no one there would answer why a CO was issued. The first, most obvious, violation is that there are 5 layers of shingles on the roof. The building code clearly states that no more than 2 are allowed. Again, they wouldn't give me any direct answers as to why. I'm not sure what to do at this point. We are leaving because there are mold issues (since the storm) and the landlord will not do anything about that either. Thank you again for your time and help.

Matthew R Schutz

Matthew R Schutz


Depends on what the violations are. Major violations definately. Minor violations are a different animal

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