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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".

http://www.state.nj.us/dca/divisions/codes/codreg/pdf_regs/njac_5_11.pdf

Attorney Answers 1


  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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