Terms Used In New Jersey Statutes 2A:42-116

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3. As used in P.L.2003, c.295 (C. 2A:42-114 et al.):

“Agency” means the New Jersey Housing and Mortgage Finance Agency established under section 4 of P.L.1983, c.530 (C. 55:14K-4);

“Building” means any building or structure and the land appurtenant thereto in which at least half of the net square footage of the building is used for residential purposes; and shall not include any one to four unit residential building in which the owner occupies one of the units as his or her principal residence;

“Code” means any housing, property maintenance, fire or other public safety code applicable to a residential building, whether enforced by the municipality or by a State agency;

“Commissioner” means the Commissioner of Community Affairs;

“Department” means the Department of Community Affairs;

“Lienholder” or “mortgage holder” means any entity holding a note, mortgage or other interest secured by the building or any part thereof;

“Owner” means the holder or holders of title to a residential building;

“Party in interest” means: (1) any mortgage holder, lien holder or secured creditor of the owner; (2) any tenant living in the building; (3) any entity designated by more than 50 percent of the tenants living in the building as their representative; (4) the public officer; or (5) a non-profit entity providing community services in the municipality in which the building is located;

“Plaintiff” means a party in interest or a qualified entity that files a complaint pursuant to section 4 of P.L.2003, c.295 (C. 2A:42-117);

“Public officer” means an officer of the municipality appropriately qualified to carry out the responsibilities set forth in P.L.2003, c.295 (C. 2A:42-114 et al.) and designated by resolution of the governing body of the municipality in which the building is located, except that in municipalities organized under the “mayor-council plan” of the “Optional Municipal Charter Law,” P.L.1950, c.210 (C. 40:69A-1 et seq.), the public officer shall be designated by the mayor;

“Qualified entity” means any person or entity registered with the department on the basis of having demonstrated knowledge and substantial experience in the operation, maintenance and improvement of residential buildings;

“Tenant” means a household that legally occupies a dwelling unit in a residential building.

L.2003,c.295,s.3.