Bill would raise fines on home overcrowding
Under proposed law, tenants could be fined for causing problem
BY CLARE MARIE CELANO Staff Writer
Abill that is currently making its way through the state Senate could have an impact on towns such as Freehold Borough and Lakewood if it eventually becomes law. The proposed legislation addresses residential overcrowding in private homes, but not apartment complexes.

Freehold Borough and Lakewood are two municipalities where overcrowding in rental homes has become an issue in recent years. An influx of immigrants who are looking for affordable housing and a rise in absentee ownership have been cited as reasons why this situation is occurring.

The bill (S-164), whose primary sponsor is Sen. Anthony R. Bucco (R-Morris County), "would allow municipalities to adopt ordinances authorizing the issuance of summonses upon certain landlords and tenants alleged to have violated occupancy requirements resulting in overcrowding.

"The bill would allow for the imposition of fines upon a culpable landlord or tenant of up to $2,500 for a first violation, $5,000 for a second violation, and $10,000 for each subsequent violation. These fines would be in addition to any other fines or penalties authorized by law. The bill would require that a hearing be held before any fines could be imposed. The bill would not be applicable to seasonal rentals or to buildings with more than four residential rental units."

The bill was introduced in the Senate on Jan. 8 and referred to the Senate Community and Urban Affairs Committee.

On Feb. 14 it was reported from the Senate committee with amendments for a second reading in the Senate, according to the New Jersey Legislature's Web site.

Freehold Borough Mayor Michael Wilson said he supports the legislation which would be a deterrent to landlords who consider packing residents into their rental homes.

"It's a big stick for landlords," Wilson said. He said if the present dollar amount of fines for residential overcrowding has not acted as a deterrent to landlords, this bill will allow landlords to "get deterred real quick."

Wilson said he contacted Bucco two years ago to let the senator from Morris County know that Freehold's government supports his proposed legislation.

"We are in favor of anything that increases fines. I believe this bill will be helpful and send the word out to landlords who don't pay attention to what's going on in their rental properties, as well," the mayor said.

In regard to fines being imposed on tenants,Wilson said Freehold Borough officials are focusing on providing education on a local level for tenants so they are aware of the rules and what they can and cannot do in regard to housing.

In an interview with Greater Media Newspapers, Bucco explained that the proposed law is aimed at landlords who are renting homes, but not apartment complexes. The senator said his research indicated that the owners of apartment complexes are more diligent in taking care not to overcrowd tenants in a unit and in watching for the occurrence of overcrowding in their buildings.

He said the apartment complex landlords are also better at inspecting their buildings because they have a much more substantial investment in their building than a landlord who owns a single home.

The bill clarifies existing law by distinguishing between illegal occupancy resulting in overcrowding that is caused by landlords and that which is caused by tenants. It specifies that landlords would not be obligated to pay for a tenant's relocation when the tenant's own conduct is the principal cause of the residential overcrowding.

According to Bucco, the bill would give a landlord the right to an expedited eviction when a tenant was the principal cause of the overcrowding. That is something he said can only happen now in dire circumstances.

The senator said it could take another two years for the bill to become law.

Bucco said his legislative district has had serious problems with residential overcrowding and said he has been looking for solutions.

"Many of the landlords receive $10,000 or $15,000 per month from their tenants," the senator said. "The landlords have no regard for the safety of their tenants, for first responders such as firefighters, police officers or first aid squad members, or for neighbors in surrounding homes."

State Sen. Robert Singer (R-Monmouth, Ocean, Burlington and Mercer), who is also a township committeeman in Lakewood, is a co-sponsor of S-164.

Singer said Lakewood is dealing with the same type of residential overcrowding that Freehold Borough and communities in Bucco's legislative district in northern New Jersey are experiencing.

"It's all about greed," Singer said. "We find 20 to 25 people in some homes. Landlords are charging tenants $100 per week. This is big money for someone."

Singer said Lakewood officials have tried various ways to deal with residential overcrowding and said he believes S-164 would come as a wake-up call to landlords that if they continue to overcrowd their rental homes they will pay big fines.

Singer acknowledged that some state legislators may not be as supportive of Bucco's bill as he is.

"But they don't live with it, we do," he said of the problem of residential overcrowding.