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Bill > A5266


NJ A5266

NJ A5266
Provides that fines for municipal housing or zoning code violations may be imposed by municipality each day violation continues.


summary

Introduced
02/10/2025
In Committee
02/10/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill provides that a municipality may impose a fine upon an owner for a violation of the housing or zoning code for each day that the violation continues until the owner has cured or abated the violation. On June 20 2024, the Appellate Division issued a per curium opinion entitled Township of Deptford v. Malachite Group, Ltd., Docket No. A-0943-22. This opinion reversed certain provisions in municipal ordinances across the State that allowed municipalities to issue certain code violations for each day a violation continues. This bill is intended to specifically provide that a municipality may impose a fine for each day a violation continues and validate the prior imposition of the fines.

AI Summary

This bill clarifies and expands the authority of New Jersey municipalities to impose fines for housing and zoning code violations. Specifically, the bill amends existing law to explicitly allow municipalities to levy a fine against property owners for each day a housing or zoning code violation continues, until the owner has fully corrected or "abated" the violation. The bill was prompted by a June 2024 Appellate Division court opinion that had previously limited municipalities' ability to impose such ongoing daily fines. The legislation provides a 30-day grace period for property owners to address violations before significant fines can be imposed, during which they must be given an opportunity to cure the issue and request a hearing. Additionally, the bill includes a validation clause that retroactively confirms the legality of past fine impositions under this interpretation, and it takes effect immediately and applies retroactively to the original statute. The purpose is to restore and clarify municipal governments' enforcement capabilities regarding housing and zoning code compliance.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly Housing Committee (on 02/10/2025)

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