Start a new topic

certificate of occupancy

My tenant is refusing to pay rent because I did not get a new CO in her name when she moved in.  I got one originally when my first tenants moved in 2 years prior but did not know I had to do it every time I changed tenants.  I registered the unit every year for 8 years and passed every rental inspection, but the CO was an oversight on my part.  I am in the process of getting a CO and have told my tenant that I am considering her rent to be late since as far as I know withholding it because I don't have a current CO is not a legal reason.  Am I right?

Within 30 days following the effective date hereof, and at the time of the creation of a new tenancy, every landlord shall provide each occupant or tenant  in his building or project a copy of the certificate of registration required  by section 2 of this act (C. 46:8-28).  If an amended certificate is filed the landlord shall furnish each occupant or tenant with a copy of the amended  certificate within 7 days after the amended certificate is filed with the  municipal clerk in the case of a tenant occupied one family dwelling or a non-owner occupied two family dwelling and within 7 days of receipt of a validated certificate from the Bureau of Housing Inspection in the case of a building or project subject to the "Hotel and Multiple Dwelling Law  Action for possession by landlord;  compliance with act: In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall be entered until there has been compliance.  The court shall continue such case for up to 90 days and if there has not been compliance within such period, the action shall be dismissed.  46:8-33.   BASICALLY, GO GET THE REGISTRATION AND CO COMPLETED IMMEDIATELY. It does not necessarily mean your tenant does not have to pay rent, but it can hold things up if you should take them to court. PLUS, a judge may issue you a penaly of I believe $500 for each offense.  
As soon as I found out that I was in violation I got the preliminary inspection done.  I did all the repairs and when it came time for the re-inspection, she would not let me in the house to accompany the inspector.  So I waited outside and when he came out he had a new list of violations!  He said that except for a couple of water stains bleeding through the paint I did, all the violations were new.  I believe my tenant is sabotaging the place.  He told me to get the new stuff fixed within 30 days and take pictures of everything.  Meanwhile she gets another month rent free!  She knows that as soon as I get this CO I will be evicting her.  Anything else I should consider?  Thanks.
Login to post a comment