Can I Challenge Eviction from an Illegal Apartment in NJ?

Question from Advait, Can I Challenge Eviction from an Illegal Apartment in NJ?

Answer from AI:

If you’re facing eviction from an illegal basement apartment in Hudson County, New Jersey, you might be wondering about your rights and possible defenses. New Jersey law provides certain protections for tenants, even in cases involving illegal units. However, navigating these laws can be complex, and it’s important to understand the general principles before deciding on a course of action.

Understanding Your Situation

First, it’s crucial to recognize the distinction between the legality of the rental unit and the process of eviction. In New Jersey, landlords must follow specific procedures to legally evict a tenant, regardless of the unit’s legal status. Here are some key points to consider:

• Illegal Units: An apartment might be deemed illegal for various reasons, such as not meeting zoning requirements, lacking proper permits, or failing to comply with building codes. In Jersey City, properties are often registered with the Division of Codes and Standards at the New Jersey Department of Community Affairs (DCA), which enforces state housing codes.
• Notice to Quit: Landlords must provide tenants with a proper notice to quit (or vacate) before proceeding with an eviction. The specifics of this notice can vary based on the reason for eviction.
• Eviction Proceedings: If a tenant does not leave after receiving a notice to quit, the landlord can file for eviction. However, the tenant has the right to appear in court and present a defense.

Possible Defenses in Eviction Cases Involving Illegal Units

When facing eviction from an illegal unit, you might have several defenses available:

1. Lack of Legal Grounds: Ensure the landlord has followed all legal procedures for eviction and that the notice to quit was issued correctly.
2. Retaliatory Eviction: If you’ve complained about the legality or habitability of the unit and the eviction seems retaliatory, this might be a valid defense.
3. Unit’s Legal Status: The fact that the unit is illegal does not automatically give the landlord the right to evict without following due process. Moreover, the landlord might be barred from collecting rent for an illegal unit, which could affect the eviction process.

Requesting Court to Cancel Judgment of Possession

As for requesting the court to cancel a judgment of possession based on the property needing to be registered as a three-unit property with the DCA, this is a more complex issue. While the illegal status of the unit might not directly prevent eviction, it could influence the court’s decision, especially if the landlord has not complied with state housing laws and regulations.

It’s important to consult with a legal professional who can provide advice tailored to your specific situation. Legal aid organizations or tenant rights groups in New Jersey might offer assistance or guidance on how to proceed.

Next Steps

If you’re facing eviction from an illegal unit:

• Document everything related to your tenancy and the eviction notice.
• Research your rights as a tenant in New Jersey. The New Jersey Department of Community Affairs provides resources and information that might be helpful.
• Consider seeking legal advice. Organizations like Legal Services of New Jersey can offer support to low-income residents facing eviction.

Remember, while you might have defenses available, the specifics of your case will greatly influence the outcome. Legal advice from a professional familiar with New Jersey’s housing laws and the local court system in Hudson County will be invaluable in navigating your eviction defense.