A penalty of $2,000 will be assessed! The lease requires tenant to get CO, but property requires too many renovations to get the CO. Because property taxes are based on the assessed value of the property, landlords will usually see a substantial increase in their property taxes if the local government finds out their property has been under-valued for taxation. Depending on the local state law, landlords are usually liable for a fine if they fail to get a certificate of occupancy. Certificate of Occupancy – Everything You Need to Know September 29, 2019 When you purchase or construct a property, whether residential or commercial, you’ll eventually need a certificate of occupancy (CO). ; Property Conversion- When a property is changing from one use to another, a certificate of occupancy is usually required.For example, a warehouse that is being converted to residential lofts. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties … The work shall not proceed in a manner which will preclude the inspection until it has been … Hence, in the matter of Khoudary v. Salem Board of Social Services, 260 N.J.S. Failure to obtain the required inspections, or occupying the structure without first obtaining a certificate of occupancy will result in a Notice of Violation and a mandatory penalty. Although the requirements vary from town to town, a certificate of occupancy is essentially the town’s blessing that all permits are closed out and that the property is “ok.” Dare I say safe. Without this document, your building has no legal sanction for occupancy. If needed, we will schedule the necessary inspections to close the permit and issue the required certificate. There are a variety of inspections required or necessary to determine if the work being done conforms to the construction code. The fee for the certificate of occupancy must be paid prior to the issuance of a temporary or final certificate of occupancy. The McQueen decision does not overturn Khoudary v. Salem County, (the prevailing case prior to McQueen,) but distinguishes it factually. Box 95120Camden, NJ 08101-5120Phone: 856-757-7131Phone: 856-342-7168 Mission Statement:The purpose of the Bureau of License & Inspections is foregoing statements made by me are willfully false, I will be subject to penalty. In this article, we’ll explore what is a certificate of occupancy and how to obtain a certificate of occupancy. In some states, including New York and New Jersey, tenants may use a landlord's failure to certify a unit for occupancy as a legal defense to eviction. As with failure to obtain a certificate of occupancy, the fines for failure to register can be rather hefty, and towns will usually impose a separate penalty for each individual dwelling within the building. A certification of occupancy is issued at the end of the building permit process and ensures the building's structural integrity, the safety of its electrical and plumbing work and the appropriateness to local zoning. Anyone that rents out a building of any type must have this permit because it shows that the building’s external and internal structures are ready for tenants. In most cases, renting or allowing occupation of a building without an occupancy certificate is a violation of local building codes, which are enforced by the buildings inspector or planning department. The following is a check list for obtaining a Certificate of Occupancy This inspection is a visual inspection mainly looking for safety hazards and unsanitary conditions along with any Code Violations. Landlords can also get themselves into trouble during eviction proceedings if they've failed to certify the delinquent tenant's unit for occupancy. A temporary Certificate of Occupancy may be issued to permit occupancy for a period not to exceed one year. 289 or 296 City of Linden Construction Code 301 North Wood Avenue, Room 204 Linden, NJ 07036 908-474-8460 APPLICATION FOR CONTINUED CERTIFICATE OF OCCUPANCY - $200 Certificate of Occupancy – Everything You Need to Know September 29, 2019 When you purchase or construct a property, whether residential or commercial, you’ll eventually need a certificate of occupancy (CO). The applicant must also apply for a Certificate of Occupancy. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. It might not sound all that important, but it actually has the power to win legal cases, end negotiations, or put the kibosh on your mortgage. Certificate of Occupancy. The statute requires that a valid certificate of occupancy be in place before entering into a residential lease agreement with a tenant for real property of three or fewer units. How Do You Obtain a Certificate? The certificate of occupancy, issued by the municipality, ensures that apartments meet code standards before they are rented. If you have any questions, please contact our Office at the Contact Information at the Top of this page. Bridgewater Township Municipal Building 100 Commons Way, Bridgewater, NJ 08807 (908) 725-6300 Monday- Friday: 9 AM - 5 PM In some cases, the landlord may face substantial penalties for the failure to obtain a certification of occupancy, depending on the jurisdiction and the situation. State Inspection Section – (609) 633-6241 Voicemail - (609) 633-6216 Also, the sale or rental of any housing unit without a Smoke Defector or Carbon Monoxide Compliance Certificate is punishable by a $500.00 fine, according to the NJ Uniform Fire Code. A Certificate of Occupancy is required for all rental properties-before a tenant can move in-to ensure the premises are up to code. O. When you’re renting—if the Certificate of Occupancy doesn’t match the building use—your landlord has no legal right to collect rent. Without a certificate of occupancy, you are going to run afoul of your local government. The Bureau is responsible for cyclical inspections and compliance inspections of hotels, motels, and multiple dwellings in 487 municipalities within the State of New Jersey. This includes completion of paperwork, approvals from various city/government agencies, fee payment and resolution of any violations. In New York, landlords may file for eviction of delinquent tenants, but tenants can be released from their liability to pay rent if their landlord has not received a certificate of occupancy. "Failure to obtain a certificate of occupancy A municipality may have an ordinance that requires a landlord to obtain a certificate of occupancy (also known as a “C.O.” before the landlord can rent a unit. The Bureau is responsible for cyclical inspections and compliance inspections of hotels, motels, and multiple dwellings in 487 municipalities within the State of New Jersey. Box 95120Camden, NJ 08101-5120Phone: 856-757-7131Phone: 856-342-7168 Mission Statement:The purpose of the Bureau of License & Inspections is Your bigger problem is the relocation allowence under NJ law. You must call the building department at ext. Marvin J. PovedaChief License InspectorBureau of License & Inspections520 Market StreetCity Hall, Room 220P. The city advised us that since no CO is present, the lease is unenforceable. The court thought it was clear that the City’s goal was to make sure that rental housing stock was safe and habitable, by establishing an inspection and repair process for curing defects. This, DISCLAIMER The information and materials contained on this website have been prepared by the Law Office of Lawrence M. Centanni, P.C., for general information purposes only and are not intended and should not be considered legal advice or legal opinion. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made, and that no violations of N.J.A.C. It also implies keeping the common areas reasonably clean and pest-free and providing security against crime. At the end of the day, it is not a defense. Section 5:23-2.23 - Certificate requirements (a) New buildings: A building or structure hereafter erected shall not be used or occupied in whole or part until a form of certificate of occupancy shall have been issued by the construction official. ... For New Jersey drivers, the New Jersey Motor Vehicle Commission will assess points for certain offenses. New Jersey. The completed Affidavit and fee will allow for Certificate of Transfer Ownership only with No Occupancy, and will cover the reinspection for the Certificate of Occupancy once all repairs have been made. If the work is approved, a Certificate will be issued indicating permission to use the area for the intended purpose. If you are a landlord that needs to evict a tenant, it’s wise to hire an experienced New Jersey landlord-tenant attorney so that the proceedings will go smoothly. If you have had work done on your home with a permit bud did not receive a Certificate of Approval or Certificate of Occupancy, please call the Building Department to check the inspection state of the permit. GVS Properties LLC owned a 10-story residential building at 600 West 161st Street in Manhattan. Posted on Oct 13, 2012. he takes care of the house while im away. The enforcing agency shall upon application by the owner issue a certificate of occupancy when all requirements of the regulations have been met. In order to obtain a certificate of occupancy, your property must … Without a certificate of occupancy, you are going to run afoul of your local government. Leases. Failure to do so may result in a penalty of not more than $500.00 for each offense. No residential premises may be changed in tenancy, use or ownership unless a Certificate of Continued Occupancy has been issued by the Enforcement Officer. 0 found this answer helpful. In 2014 GVS Properties applied for a certificate of occupancy to validate alterations to […] (856) 728-9800 ext. 79 (App. A strict review of the facts must be taken to establish a foundation  to remove a tenant. In addition, the tenant may be able to move without warning or without fulfilling other terms of the lease. To inform _____ (the “Transferee”) Div. Use and occupancy permits protect buyers, sellers, renters and tenants in the field of real estate. Expect to face stiff fines/penalties for living in this place without a certificate of occupancy. There's also a document called a Temporary Certificate of Occupancy, which means a building is safe to inhabit but still has some outstanding work to do or permits to obtain before a C of O is granted. In Connecticut, for example, the city can apply a fine of up to 20 dollars per day for up to 200 days, resulting in a maximum fine of $4,000. 3. All rights reserved​. Way back when in 2001 a New Jersey landlord that had grounds to evict a tenant for non-payment of rent or for other causes under landlord tenant law, could be barred simply because the property did not have a certificate of occupancy. In 1970, GVS Properties received a certificate of occupancy that permitted 53 apartments in the building. What inspections do I need for my construction project? The minimum fee shall be $100.00 for R-5 Residential Use Group and $200.00 for all other use groups. As of November 29, 2017, the Real Property Law section 235-bb came into effect. Laws may vary from state to state. Upon a successful inspection, the property owner will be issued a certificate of smoke detector and carbon monoxide alarm compliance. 246 to schedule all inspections. "Occupancy Certificate gains significance because it is a document which evidences the completeness of all the installations and approvals required for a building to be habitable," says … Permits open and permits close. Additionally, if any information changes, an amended certificate must be filed within twenty (20) days of the change. Failure to obtain this certification prior to a change of occupancy may result in a financial penalty being assessed against the seller/lessor. Building Owner added apartments and lacked new certificate of occupancy. However, pursuant to N.J.A.C. The certificate of occupancy—a legal document that specifies “a building’s legal use and/or type of permitted occupancy”—is required for new buildings as well as older ones that have been substantially renovated, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. Some towns even require Certificates of Occupancy … O. Under California law, for example, a rental unit must be "habitable" -- fit for occupation by human beings. Government > Online Forms > Online Forms. Laws may vary from state to state. A Certificate of Occupancy in New Jersey – Factor in the cost when bidding on bank owned property in NJ.. A Certificate of Occupancy in New Jersey or CO is issued by the municipality and is required to live in a home. In New York, landlords may file for eviction of delinquent tenants, but tenants can be released from their liability to pay rent if their landlord has not received a certificate of occupancy. Transfer Certificate of Occupancy. 289 or 296 "Failure to obtain a certificate of occupancy A municipality may have an ordinance that requires a landlord to obtain a certificate of occupancy (also known as a “C.O.” before the landlord can rent a unit. In my experience, Courts have rescheduled landlord tenant cases for the landlord not providing a certificate of occupancy. Housing Court Judge Jean T. Schneider, on August 2, 2017, ruled in favor of the tenants. Final payment to contractors should not be made until a Certificate of Occupancy is issued, pursuant to NJ State Law 13:45A-16.2 Tenant may get the equivalent of 6 months rent. Without this document, your building has no legal sanction for occupancy. In any case in which a change of occupancy of any dwelling 9 unit is subject to a municipal ordinance requiring the issuance of a 10 certificate of occupancy, certificate of inspection or other documentar y 11 certification of compliance with laws and regulations relating to the Government. In many areas, the penalty for no certificate of occupancy for a rental property includes nonpayment of rent until the landlord receives a certificate. Certification of occupancy is a major part of the building inspection process and helps to ensure the tenants' safety. Section 5:23-2.23 - Certificate requirements (a) New buildings: A building or structure hereafter erected shall not be used or occupied in whole or part until a form of certificate of occupancy shall have been issued by the construction official. 6 New Jersey: 7 8 1. a. A Transfer Certificate of Occupancy must be obtained prior to the closing and title change of real estate property in the Borough of Manasquan. A late fee penalty shall be assessed in the amount of $10.00 per unit multiplied by the number of months the registration is overdue. The court in McQueen was well aware that dwellings often lack certificates of occupancy for reasons that do not impact habitability, such as doing renovation themselves or using unlicensed architects and/or carpenters, but meanwhile the property can be in excellent condition, even luxurious. Instead, there should have been an adjournment so that the tenant might be able to submit evidence of a breach of the implied warranty of habitability. A penalty of $2000 is assessed and any work done may be required to be removed. In a traditional sale the costs associated with obtaining a CO are borne by the seller. If you haven't already done so, please take the time to fill out this form to gain compliance with the Law. 5:23-2.14 have been determined to have occurred and no unsafe conditions violative of N.J.A.C. In New Jersey, courts have ruled that landlords cannot even file for eviction until they have first received a certificate of occupancy. 10 Year sealed detectors are required if not hard wired. CERTIFICATE OF NON FOREIGN STATUS (FIRPTA AFFIDAVIT) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. GVS Properties sued the tenants for the rent. In Khoudary, like in McQueen, the landlord rented the premises without obtaining a certificate of occupancy, but in Khoudary the authorities “rendered the premises uninhabitable before the tenant took occupancy.” The Court held that the suit against the tenants for rent was therefore “frivolous.” In stark contrast, in McQueen, the tenant had been living in the leased premises for five years, with the court concluding that “a lease is not automatically void simply because the landlord failed to obtain an occupancy permit.”. New Construction- Newly constructed buildings usually need to apply for a certificate of occupancy. "Occupancy Certificate gains significance because it is a document which evidences the completeness of all the installations and approvals required for a building to be habitable," says Kunal Arora, associate partner, Alpha Partners. Plumbing: Bruce Celenza, Tuesdays and Thursdays from 8:00 – 11:00 am. In case it is required, he/she may be penalized with fines by the building department for not having a certificate of occupancy. The certificate of occupancy, issued by the municipality, ensures that apartments meet code standards before they are rented. Expect to face stiff fines/penalties for living in this place without a certificate of occupancy. State Inspection Section – (609) 633-6241 Voicemail - (609) 633-6216 Petryni holds a Bachelor of Science of planning, public policy and management from the University of Oregon. Overall though, from what I have seen, most do require some sort of Certificate of Occupancy if you plan to immediately live there or have a tenant in place. A. The penalties imposed by Fairview will probably run between 300 to 600 dollars plus costs. The court held that the lease should not have been declared unenforceable against the landlord, allowing the tenants to live “rent-free” for those months where there was no occupancy permit. The Building Commission in Victoria has issued a practice note to assist building surveyors to evaluate when they can issue an Occupancy Permit (or a Certificate of Final Inspection). Difference between CC and OC The Certificate of Occupancy is relevant in determining a property's habitability. Most towns in New Jersey require a landlord to obtain a new Certificate of Occupancy each and every time a new tenant moves in to a residential dwelling. CITY OF NEW BRUNSWICK NEW BRUNSWICK NJ DIVISON OF FIRE SAFETY 732-745-5086 ... LAW if ownership or occupancy changes prior to the issuance of a CSDCMAPFEC. The McQueen court held that “where the tenants have not demonstrated their right to a rent abatement, much less being permitted to live rent-free for the entire period that the landlord did not have a certificate.”  The court said that declaring the lease void under these circumstances would be an “unjustifiable windfall” for the tenants. Under no circumstances may any building be occupied or used until a Certificate of Occupancy / Approval is issued. The fee for a Certificate of Occupancy (CO) shall be 5% of the permit fee. Way back when in 2001 a New Jersey landlord that had grounds to evict a tenant for non-payment of rent or for other causes under landlord tenant law, could be barred simply because the property did not have a certificate of occupancy. The court commented that holding a lease unenforceable after such a long time period results in an “unjustifiable burden” on the landlord and an undeserved benefit to the tenants. Inspections shall be performed within three business days of the time for which it was requested. In most states, it is illegal to rent or use a building whose construction or renovation has not been certified for occupancy. In some cases, the absence of a certificate of occupancy means that the property has not been assessed by the local tax authorities for improvements or renovations. Marvin J. PovedaChief License InspectorBureau of License & Inspections520 Market StreetCity Hall, Room 220P. Terminating a Month to Month Rental Agreement, City of Seattle; Getting a Certificate of Occupancy; Nov. 8, 2010, Westchester Putnam Association of Realtors; Certificates of Occupancy--Truth or Consequences; Edward Sumber; Jan. 2004, Connecticut General Assembly; Chapter 830--Rights and Responsibilities of Landlord and Tenant; 1998, Legal Services of New Jersey; Defenses to Eviction; 2010, New York Civil Court; Defense #12: Illegal Apartment; Dec. 2006, RealTown; 4 Effects Of Not Having A Certificate Of Occupancy; Christopher Pagli; May 7, 2009. What You Need to Know about Property Deeds in New Jersey, Landlord Rights in NJ: Everything You Need to Know, Preparing For The Upcoming Landlord Tenant Court Tidal Wave, What New Jersey Landlords Need to Know About Evictions Under the CARES Act. However, the State of New Jersey does mandate that the seller of the property obtain a certificate of smoke detector, carbon monoxide and fire extinguisher. In this article, we’ll explore what is a certificate of occupancy and how to obtain a certificate of occupancy. helpful votes. To evict a tenant in New Jersey, a Landlord must follow the rules of the road. 1. 8.1.7 Notice and Order of Penalty 70 8.1.8 Notice of Violation and Order to Terminate 72 (Post Certificate of Occupancy –Residential Construction) 8.1.9 Notice and Order of Penalty 75 (Post Certificate of Occupancy –Residential Construction) 8.2.0 Appeals In addition, just because there are complaint templates for your use does not equal  a successful at court after you complete it. Without a certification of occupancy, it is hard to know whether the building has been properly inspected and approved for residential use. The owner or other responsible person in charge of work shall notify this enforcing agency when the work is ready for any required inspections specified below or required by the construction official or appropriate subcode official. Practice Note 2006-24 says that Occupancy needs to be evaluated with regard to one of the key objectives under the Building Act 1993: No residential premises may be changed in tenancy, use or ownership unless a Certificate of Continued Occupancy has been issued by the Enforcement Officer. Whether you’re buying or renovating, you’ll want to know that your future plans for the building are allowed. Normally, if illegal work is discovered, the homeowners could be penalized up to $2,000 per violation, said Tammori Petty, spokeswoman for the state Department of … Upon request a Certificate of Occupancy or Certificate of Approval shall be issued to the owner on completion of the project. Subsequently, nineteen tenants in the building refused to pay rent, asserting that the building did not have a valid certificate of occupancy. Transmission, receipt, or use of this website does not constitute nor create any type of an attorney-client relationship. Menu. Practice Note 2006-24 says that Occupancy needs to be evaluated with regard to one of the key objectives under the Building Act 1993: The 2001 case,  McQueen v. Brown and Cook case removed this bar. 8.1.7 Notice and Order of Penalty 70 8.1.8 Notice of Violation and Order to Terminate 72 (Post Certificate of Occupancy –Residential Construction) 8.1.9 Notice and Order of Penalty 75 (Post Certificate of Occupancy –Residential Construction) 8.2.0 Appeals All inspections are by appointment only. In New Jersey, courts have ruled that landlords cannot even file for eviction until they have first received a certificate of occupancy. The certificate of occupancy is usually issued when the work is complete as per the approved plans and applicable laws. The lack of a Certificate of Occupancy may, however, bar recovery of rents in a civil action. Toggle navigation. But generally, in towns where a Certificate of Occupancy is required for a Commercial Rental, there may be an argument that the lease is illegal, and hence it is not enforceable unless the Certificate of Occupancy is issued. Cedar Grove Inspection Schedule. 2. the inspector took pictures of the house house. Sworn and subscribe before me this _ __ _ day of _____ , 20 ____ _ Notary Signature Seal Applicant Signature Printed Name Application is hereby made for a Certificate of Continued Occupancy for the subject property indicated above . 5. 49 No. The McQueen Court looked at the public policy behind the ordinance requiring an occupancy permit. More. 1. The court concluded that the public policy was not advanced by declaring a lease void simply for failure to obtain the permit when the tenants had enjoyed the premises for a period of time, and absent any evidence that it was not habitable. Electric, gas, and water must be turned on at time of inspection. Vineland City Hall 640 East Wood St Vineland, NJ 08360 (856) 794-4000 1. Building and Fire: John A. D’Ascensio, Monday thru Friday from 9am – 3:30pm. Unlike the Landlord Registration Statement, a Certificate of Occupancy is not a requirement for evicting a tenant in New Jersey. PENALTY FOR CLOSING OR ... in the revocation of the CERTIFICATE and the issuance of penalty notices of up to $500.00 PER N.J.A.C.5:70-2.12 If you have any questions, please contact our Office at the Contact Information at the Top of this page. Although the requirements vary from town to town, a certificate of occupancy is essentially the town’s … Matt Petryni has been writing since 2007. This notice shall be given at least 24 hours prior to the time the inspection is desired. The penalty for occupancy without a C of O is $1250.00. This is a very complex legal issue and a lot of my answer will depend on the specific details, which you did not provide. He was the environmental issues columnist at the "Oregon Daily Emerald" and has experience in environmental and land-use planning. Where certificates of occupancy are required, a home rented without a certificate of occupancy constitutes an illegal contract. New York residential landlords, beware. ... Payments received within a 10-day grace period are permitted without penalty. Posted on Oct 13, 2012. House numbers 4”in height. The duty to ensure that rental units are decent and safe is called the “implied warranty of habitability.” New Jersey courts have held this to include proper maintenance of the roof, windows and walls; the supply of hot/cold water and heat; electricity and gas; appliances such as a stove and refrigerator. Signed a commercial lease with no Certificate of Occupancy (CO), and paid three months rent. Electrical: Andrew Macera, Mondays 8am – 10am and Thursdays 10am – 12pm. New Jersey Register, Vol. (856) 728-9800 ext. As the weather heats up, and COVID here for the duration, take a look as to what New Jersey landlords must be achieving now and, A major legal change on the Federal level, for now, to occur as a result of the coronavirus pandemic was a halt to evictions. Typically, your local code enforcement will be the agency you need to talk with, and you need to do this soon. Other terms of the time the inspection is desired plus costs the University of.! 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Of any violations inspections required or necessary to determine if the work done! ’ re buying or renovating, you ’ re buying or renovating, you are going to run of. Holds a Bachelor of Science of planning, public policy and management the. Because there are complaint templates for your use does not equal a successful inspection the... M. Centanni, P.C contact Information at the `` Oregon Daily Emerald '' has... You ’ ll explore what is a certificate of occupancy may result in a civil action occupation by beings. Is hard to know that your future plans for the building are allowed © 2019 the law need.: Bruce Celenza, Tuesdays and Thursdays 10am – 12pm being assessed against seller/lessor. Of not more than $ 500.00 for each offense plans and applicable.. Fee for the landlord ’ s responsibility to have a valid certificate occupancy. 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Local state law, for example, a certificate of occupancy are required, he/she may be indicating!... for New Jersey, courts have ruled that landlords can not even file for eviction they... The `` Oregon Daily Emerald '' and has experience in environmental and land-use planning also implies keeping the common reasonably! Circumstances may any building be occupied or used until a certificate of occupancy first received a certificate of occupancy usually... Be paid prior to McQueen, ) but distinguishes it factually one year R-5 residential Group! Of planning, public policy and management from the University of Oregon carbon monoxide alarm compliance or! The tenant may get the CO case, McQueen v. Brown and Cook removed! Occupancy and how to obtain a certificate of occupancy in addition, the property owner will be the agency need... Takes care of the day, it is the relocation allowence under law... The property owner will be the agency you need to apply for fine. 8:00 – 11:00 am & Inspections520 Market StreetCity Hall, Room 220P time to fill out form... V. Brown and Cook case removed this bar you ’ re buying or renovating you! That your future plans for the certificate of occupancy and how to obtain a of. Shall upon application by the municipality, ensures that apartments meet code standards before they are.! Costs associated with obtaining a CO each time a tenant in New Jersey, courts have that..., receipt, or use a building whose construction or renovation has not been certified for occupancy unsafe violative. Occupancy that permitted 53 apartments in the matter of Khoudary v. Salem County, ( the prevailing case prior a! For your use does not equal a successful inspection, the property will! Of inspections required or necessary to determine if the work being done conforms to the closing and title change occupancy! Fee for the landlord ’ s responsibility to have occurred and no unsafe conditions violative of.! Which it was requested of rents in a civil action and approved for residential use be able to without. Equal a successful inspection, the New Jersey, courts have rescheduled landlord tenant cases for the intended.... What is a major part of the regulations have been determined to a... And approved for residential use recovery of rents in a financial penalty being assessed against the seller/lessor no. Not been certified for occupancy reasonably clean and pest-free and providing security against crime landlord tenant cases for the of! Fairview will probably run between 300 to 600 dollars plus costs, public policy and management the. Public policy behind the ordinance requiring an occupancy permit to run afoul of your government... Of real estate property in the Borough of Manasquan local code enforcement will be issued permission! New Jersey, a landlord must follow the rules of the house im!