Multidwelling Inspections: Constitutional Violation Or Public Safety Measure?

are nj multidwelings inspection a violation of constitution

New Jersey's Hotel and Multiple Dwelling Law (N.J.S.A. § 55:13A-1, et seq.) requires the Bureau of Housing Inspection to conduct periodic inspections of multiple dwellings and hotels. Multiple dwellings are defined as any building or group of buildings with three or more units of dwelling space intended to be occupied independently. This includes most apartments, condominiums, cooperatives, and similar locations. The law is intended to protect renters within these dwellings. However, some question whether these inspections violate the constitution. The inspections are conducted to enforce regulations and identify violations, with penalties for non-compliance, including fines of up to $250 for refusing entry to an inspector. The inspection frequency depends on the tier system, with the highest tier being inspected every seven years and the lowest tier every two years.

Characteristics Values
Who is responsible for the inspection? The Bureau of Housing Inspection
Who enforces the inspection? The Bureau of Housing Inspection, under the State Local Cooperative Housing Inspection Program (SLCHIP)
What is the inspection frequency? Every five years, although it can be every two or seven years depending on the tier
What is the inspection fee? Not specified, but there is a $79 reinspection fee for each unit reinspected after the first reinspection
What is the inspection criteria? New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings, and Subchapter 4 of the New Jersey Uniform Fire Code
Who is responsible for violations? The Condominium Association, Cooperative or Mutual Housing Corporation
Who pays the fines for violations? Unit owners

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The Bureau of Housing Inspection is a division of the Department of Community Affairs

The Bureau of Housing Inspection is a division of the New Jersey Department of Community Affairs. The Bureau is responsible for the inspection of hotels and multiple-family buildings with three or more dwelling units in the State of New Jersey. The inspection is carried out to ensure that these buildings are properly maintained and do not pose a threat to the health, safety, and welfare of their residents and the community at large.

Under the New Jersey Hotel and Multiple Dwelling Law, the Bureau is mandated to conduct periodic inspections of multiple dwellings and hotels. The definition of "multiple dwelling" under the Law includes any building or group of buildings with three or more dwelling units intended to be occupied independently. This definition encompasses most apartments, condominiums, cooperatives, and similar locations.

The Bureau has the authority to enforce the New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings and the New Jersey Uniform Fire Code. They can issue citations for any violations of these requirements. The inspection process includes a five-year cyclical inspection of properties, with multiple dwellings now being placed into three "tiers" based on their compliance with regulations. The highest tier includes dwellings with no violations found or where all violations are resolved by the first reinspection, and these are inspected every seven years. The middle tier consists of dwellings where violations are addressed by the second or third reinspection, and they are inspected every five years. The lowest tier includes dwellings where violations remain after the third reinspection and are subject to inspection every two years.

The Bureau also oversees the State Local Cooperative Housing Inspection Program (SLCHIP), which enforces the Hotel and Multiple Dwelling Law. Municipalities can join this program by sending a letter of interest from the Mayor's Office, after which they will receive a package outlining the conditions of authorization, payment schedule, and cyclical inspections due for the fiscal year.

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The Bureau enforces the New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings

The Bureau of Housing Inspection, operating under the New Jersey Department of Community Affairs, is responsible for enforcing the New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings. The Bureau ensures that hotels and multiple-family buildings with three or more dwelling units are properly maintained and do not pose a threat to the health, safety, and welfare of their residents or the community. To achieve this, the Bureau conducts five-year cyclical inspections of these properties and issues citations for any violations.

The Regulations for Maintenance of Hotels and Multiple Dwellings require that inspectors and officials enforcing the regulations within their jurisdictions obtain a license. The Rutgers University Center for Government Services, in collaboration with the New Jersey Department of Community Affairs, offers a 60-hour course to become a licensed Inspector of Hotels and Multiple Dwellings. This course covers the necessary regulations, codes, and laws, equipping inspectors with enhanced problem-solving skills.

Licensed inspectors are authorised to carry out field inspections of hotels and multiple dwellings within an enforcing agency, such as a municipality or the state of New Jersey, under the supervision of a licensed Housing Code Official. These Housing Code Officials act as first-line supervisors, responsible for the administration and enforcement of the New Jersey Hotel and Multiple Dwelling laws and regulations.

Owners of hotels and multiple dwellings are required to register their buildings with the Bureau of Housing Inspection and annually recertify the information on the certificate of registration. The Bureau's policy regarding fee simple ownership in townhouse developments states that developments with fee simple ownership are generally not subject to the Hotel and Multiple Dwelling Law if the association is not responsible for residential building maintenance. However, the association must provide documentation proving that individual owners are directly responsible for maintenance.

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Multiple dwellings are split into three tiers based on violations found during reinspections

Multiple dwellings are subject to inspection by the Bureau of Housing Inspection in New Jersey. This includes condominiums, cooperatives, and other similar locations with multiple dwelling units. The frequency of inspections for multiple dwellings is determined by a three-tier system based on violations found during reinspections.

The highest tier consists of dwellings with no violations or where all violations are resolved by the first reinspection. These dwellings are inspected every seven years. The middle tier includes dwellings where all violations are addressed by the second or third reinspection, and they are inspected every five years. The lowest tier comprises dwellings where violations remain unresolved after the third reinspection, requiring inspections every two years.

The three-tier system ensures that dwellings with recurring violations are inspected more frequently, promoting better maintenance and compliance with regulations. The inspection fee for multiple dwellings is due at the time of the inspection, and it is the responsibility of the multiple dwelling owner to pay.

The definition of a "multiple dwelling" typically refers to a building or group of buildings with three or more dwelling units intended for independent occupancy. This includes apartments, condominiums, cooperatives, and similar residential structures. A "dwelling" is defined as a building, structure, or portion thereof intended for occupancy as a residence by one or more families.

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The Bureau handles inspection fees, certificates of inspection, and general code questions

The Bureau of Housing Inspection in New Jersey is responsible for ensuring that hotels and multiple-family buildings with three or more dwelling units are properly maintained and do not pose a threat to the health, safety, and welfare of their residents or the community. To achieve this, the Bureau conducts a five-year cyclical inspection of these properties.

The Bureau handles inspection fees, extensions, certificates of inspection, and general code questions. All requests for exemption by way of condominiums, cooperatives, or mutual housing corporations must be submitted in writing with the required documentation to the Bureau of Housing Inspection, Exemptions Section. The Bureau also handles all registration-related issues, including transferring, updating, and correcting certificates of registration.

The unit also notifies building owners of their failure to register a building with the Bureau of Housing Inspection. It determines the "Fee Simple" status for townhouse communities, which refers to each unit being owned individually rather than in the condominium or cooperative form of ownership.

The Bureau is also responsible for issuing violation orders, penalties, and judgments. It processes hearing requests for contested cases, and representatives can be contacted via email for appeals or hearings.

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The Bureau can issue violation orders, penalties, and judgments

The Bureau of Housing Inspection in New Jersey is responsible for conducting cyclical and compliance inspections of hotels, motels, and multiple dwellings in municipalities within the state that do not participate. The Bureau has the authority to enforce the New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings and, where applicable, Subchapter 4 of the New Jersey Uniform Fire Code. It does so by issuing citations for violations of these requirements.

The Bureau's inspection and enforcement powers extend to condominiums, cooperatives, and mutual housing corporations, which fall within the definition of multiple dwellings and are therefore subject to its provisions. In this context, the relevant association or corporation is typically considered to have the responsibilities of the "owner", as outlined in the Act, including the obligation to register each building and rectify any cited violations.

The Bureau's inspection process is designed to ensure compliance with relevant regulations. If violations are identified during an inspection, the Bureau can issue violation orders, penalties, and judgments. These enforcement actions serve as a corrective mechanism, encouraging compliance with the New Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings.

The specific consequences of non-compliance can vary depending on the nature and severity of the violation. The Bureau has the authority to impose penalties, which may include fines or other financial sanctions. These penalties aim to hold accountable those who fail to uphold the required standards for the maintenance and safety of these dwellings.

It is important to note that the Bureau's decisions can be appealed. Any person affected by the determinations made during an inspection has the right to appeal to the Office of Administrative Law, with the final decision resting with the commissioner. This appeal process ensures transparency and accountability in the inspection and enforcement procedures carried out by the Bureau.

Frequently asked questions

The Bureau of Housing Inspection is a division of the Department of Community Affairs and is responsible for conducting periodic inspections of multiple dwellings and hotels. The definition of "multiple dwelling" includes any building or group of buildings, with three or more units of dwelling space intended to be occupied independently.

Multiple dwellings are split into three "tiers" to determine how often they must be inspected. The highest tier, which includes dwellings with no violations or where all violations are cured by the first reinspection, are inspected every seven years. The middle tier, where violations are cured by the second or third reinspection, are inspected every five years. The lowest tier, where violations are not abated by the third reinspection, are inspected every two years.

If you knowingly refuse entry or access to an inspector, you may be subject to a fine of up to $250.

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