Post by ka19 on Jul 30, 2008 9:10:01 GMT -5
I know that towns like Freehold Boro and Red Bank have been dealing with problems related to tenants overcrowding rentals by issuing quality of life summonses.
These kinds of summonses are quasi-criminal in nature. Accordingly probable cause is required before any officer may enter a house where over-crowding is suspected. This makes enforcement very difficult, as even if an officer can get inside a house, the tenants are often clever enough to make it impossible to tell there is overcrowding merely based on the number of mattresses in the building.
Another poster on here complained one time that she can see the "shifts" of tenants coming from and going to a neighboring house all day long, and there is nothing done about it because there is no probable cause for an officer to legally enter for overcrowding. The use of property in this manner, in my opinion, amounts to a boarding house.
I believe this situation can be dealt with through the Freehold Boro zoning ordinance:
18.04.040 Definitions and interpretation.
Certain words and phrases are used in this title which, for the purpose hereof, are defined and interpreted as set forth in this section.
...
B. Definitions. Certain words and terms in this title are to be interpreted as defined below:
...
BOARDING HOUSE means ally dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or furnished room house shall be deemed a boarding house.
And....
Chapter 15.92 ADMINISTRATION AND ENFORCEMENT
18.92.070 Enforcement.
The provisions of this title shall be administered and enforced by the building inspector of the borough. In no case shall a permit be canted for the construction or alteration of any budding where the proposed construction, alteration or use thereof would be in violation of any provision of this title It shall be the duty of the building inspector or his or her duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this title, and he or she shall have the right to enter any building or premises during the daytime in the course of his or her duties. (Prior code 19-22.1)
Sounds to me that, even if the town cannot prove overcrowding under its overcrowding ordinance, neighbors' complaints that a boarding house is being operated illegally should, by itself, give rise to the eventual issuance of a zoning violation.
I get clients who are hit with zoning violations based on neighbor complaints all the time. For example, one client was starting a business out of their home, no customers, no deliveries, nothing was going on inside that would disturb neighbors in any way. The business was limited only to the use of computers by the residents inside their home. Yet, upon the complaint from a neighbor, my clients were hit with a zoning violation.
The Boro should similarly enforce its zoning ordinance in conjunction with the quality of life ordinance in order to prevent non-permitted and unapproved boarding houses existing in the borough.
Is this being done?
These kinds of summonses are quasi-criminal in nature. Accordingly probable cause is required before any officer may enter a house where over-crowding is suspected. This makes enforcement very difficult, as even if an officer can get inside a house, the tenants are often clever enough to make it impossible to tell there is overcrowding merely based on the number of mattresses in the building.
Another poster on here complained one time that she can see the "shifts" of tenants coming from and going to a neighboring house all day long, and there is nothing done about it because there is no probable cause for an officer to legally enter for overcrowding. The use of property in this manner, in my opinion, amounts to a boarding house.
I believe this situation can be dealt with through the Freehold Boro zoning ordinance:
18.04.040 Definitions and interpretation.
Certain words and phrases are used in this title which, for the purpose hereof, are defined and interpreted as set forth in this section.
...
B. Definitions. Certain words and terms in this title are to be interpreted as defined below:
...
BOARDING HOUSE means ally dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or furnished room house shall be deemed a boarding house.
And....
Chapter 15.92 ADMINISTRATION AND ENFORCEMENT
18.92.070 Enforcement.
The provisions of this title shall be administered and enforced by the building inspector of the borough. In no case shall a permit be canted for the construction or alteration of any budding where the proposed construction, alteration or use thereof would be in violation of any provision of this title It shall be the duty of the building inspector or his or her duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this title, and he or she shall have the right to enter any building or premises during the daytime in the course of his or her duties. (Prior code 19-22.1)
Sounds to me that, even if the town cannot prove overcrowding under its overcrowding ordinance, neighbors' complaints that a boarding house is being operated illegally should, by itself, give rise to the eventual issuance of a zoning violation.
I get clients who are hit with zoning violations based on neighbor complaints all the time. For example, one client was starting a business out of their home, no customers, no deliveries, nothing was going on inside that would disturb neighbors in any way. The business was limited only to the use of computers by the residents inside their home. Yet, upon the complaint from a neighbor, my clients were hit with a zoning violation.
The Boro should similarly enforce its zoning ordinance in conjunction with the quality of life ordinance in order to prevent non-permitted and unapproved boarding houses existing in the borough.
Is this being done?
