Senate bill would boost fines for residential overcrowding

By clare MARie celano
Staff Writer

Senate bill would boost fines
for residential overcrowding
By clare MARie celano
Staff Writer

FREEHOLD — It appears that a plea for help with controlling residential overcrowding conditions in the borough and other New Jersey towns has not fallen on deaf ears in the Statehouse.

A bill proposing the imposition of a $10,000 fine for a first-time overcrowding violation and a $15,000 fine for a second or subsequent violation was introduced on Sept. 19 by Republican Sen. Anthony R. Bucco of Morris County.

At a Borough Council meeting held Nov. 4 a resolution was unanimously passed by the council endorsing the passage of Bucco’s bill (S-1818).

The bill proposes that the first-time violation of $10,000 be imposed "for a zoning or housing code violation for illegal occupancy resulting in overcrowding to be paid to the municipality by the owner-landlord of the structure."

A second or subsequent violation resulting in overcrowding will result in a fine of $15,000 being imposed. The bill also states that the fines imposed would be given in addition to any other fines or penalties authorized by law.

The bill states, "Fines and penalties authorized by law are inadequate disincentives to deter landlords from engaging in this offensive yet lucrative practice. Numerous municipalities have adopted resolutions petitioning Legisla-ture to authorize municipalities to impose these penalties."

Councilman Robert Crawford said the passage of the bill proposed by Bucco would definitely strengthen the borough’s attempts to address the issue of residential overcrowding and to fine those responsible for allowing it to occur.

"I think it will pass," Crawford said, "but I believe it will be argued upon. I’d definitely like to see the fines become stiffer, but to go from a first-time offense of $1,250 to a first-time violation of $10,000 is an 800 percent jump. It’s a tremendous amount."

The councilman said he thinks the bill will pass because it’s a good concept. He believes the fines should be increased, but said that by the time the Senate and Assembly have examined the proposal the amount could change.

Crawford said he’s glad Bucco has introduced this bill.

"At least it’s up there now. It’s out on the table," the councilman said.

The borough has recently formed a Quality of Life Enforcement Team made up of a full-time code enforcement officer and special police officer. Among the violations being cited are instances of residential overcrowding. In the initial municipal court session held to address more than 100 quality of life violations, fines totaling $18,000 were assessed. The second quality of life court session saw more than 100 violations issued to 75 defendants. The violations resulted in total fines of about $12,000 being assessed, according to Crawford. The next special court session is expected to be held on Nov. 26.