New Jersey § 55:13a-3

§ 55:13a-3.

The following terms whenever used or referred to in P.L.1967, c. 76 ( C.55:13A-1 et seq. ) shall have the following respective meanings for the purposes thereof, except in

those instances where the context clearly indicates otherwise: (a) The term “ act ” shall mean P.L.1967, c. 76 ( C.55:13A-1 et seq. ), any amendments or supplements thereto, and any rules and regulations promulgated

thereunder. (b) The term “ accessory building ” shall mean any building which is used in conjunction with the main building of a

hotel, whether separate therefrom or adjoining thereto. (c) (Deleted by amendment, P.L.2013, c. 253 .) (d) The term “ bureau ” shall mean the Bureau of Housing Inspection in the Department of Community Affairs. (e) (Deleted by amendment.) (f) The term “ commissioner ” shall mean the Commissioner of Community Affairs. (g) The term “ department ” shall mean the Department of Community Affairs. (h) The term “ unit of dwelling space ” or the term “ dwelling unit ” shall mean any room or rooms, or suite or apartment thereof, whether furnished or

unfurnished, which is occupied, or intended, arranged or designed to be occupied,

for sleeping or dwelling purposes by one or more persons, including but not limited

to the owner thereof, or any of the person's or persons' servants, agents or employees,

and shall include all privileges, services, furnishings, furniture, equipment, facilities

and improvements connected with the use or occupancy thereof. (i) The term “ protective equipment ” shall mean any equipment, device, system or apparatus, whether manual, mechanical,

electrical or otherwise, permitted or required by the commissioner to be constructed

or installed in any hotel or multiple dwelling for the protection of the occupants

or intended occupants thereof, or of the public generally. (j) The term “ hotel ” shall mean any building, including but not limited to any related structure, accessory

building, and land appurtenant thereto, and any part thereof, which contains 10 or

more units of dwelling space or has sleeping facilities for 25 or more persons and

is kept, used, maintained, advertised as, or held out to be, a place where sleeping

or dwelling accommodations are available to transient or permanent guests. This definition shall also mean and include any hotel, motor hotel, motel, or established

guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established

guesthouse, as the case may be, in the community in which it is located; provided,

that this definition shall not be construed to include any building or structure defined

as a multiple dwelling in P.L.1967, c. 76 ( C.55:13A-1 et seq. ), registered as a multiple dwelling with the Commissioner of Community Affairs as

hereinafter provided, and occupied or intended to be occupied as such nor shall this

definition be construed to include a rooming house or a boarding house as defined

in the “Rooming and Boarding House Act of 1979,” P.L.1979, c. 496 ( C.55:13B-1 et al.) or, except as otherwise set forth in P.L.1987, c. 270 ( C.55:13A-7.5 , 55:13A-7.6 , 55:13A-12.1 , 55:13A-13.2 ), any retreat lodging facility, as defined in this section. (k) The term “ multiple dwelling ” shall mean any building or structure of one or more stories and any land appurtenant

thereto, and any portion thereof, in which three or more units of dwelling space are

occupied, or are intended to be occupied by three or more persons who live independently

of each other. This definition shall also mean any group of ten or more buildings on a single parcel

of land or on contiguous parcels under common ownership, in each of which two units

of dwelling space are occupied or intended to be occupied by two persons or households

living independently of each other, and any land appurtenant thereto, and any portion

thereof. This definition shall not include: (1) any building or structure defined as a hotel in P.L.1967, c. 76 ( C.55:13A-1 et seq. ), or registered as a hotel with the Commissioner of Community Affairs as hereinafter

provided, or occupied or intended to be occupied exclusively as such; (2) a building section containing not more than four dwelling units, provided the

building has at least two exterior walls unattached to any adjoining building section

and the dwelling units are separated exclusively by walls of such fire-resistant rating

as comports with the “State Uniform Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ) at the time of their construction or with a rating as shall be established by the

bureau in conformity with recognized standards and the building is held under a condominium

or cooperative form of ownership, or by a mutual housing corporation, provided that

if any units within such a building section are not occupied by an owner of the unit,

then that unit and the common areas within that building section shall not be exempted

from the definition of a multiple dwelling for the purposes of P.L.1967, c. 76 ( C.55:13A-1 et seq. ). A condominium association, or a cooperative or mutual housing corporation shall provide

the bureau with any information necessary to justify an exemption for a dwelling unit

pursuant to this paragraph; or (3) any building of three stories or less, owned or controlled by a nonprofit corporation

organized under any law of this State for the primary purpose to provide for its shareholders

or members housing in a retirement community as same is defined under the provisions

of the “Retirement Community Full Disclosure Act,” P.L.1969, c. 215 ( C.45:22A-1 et seq. ), provided that the corporation meets the requirements of section 2 of P.L.1983,

c. 154 ( C.55:13A-13.1 ). ( l ) The term “ owner ” shall mean the person who owns, purports to own, or exercises control of any hotel

or multiple dwelling. The term “owner” shall also mean and include any person who owns, purports to own,

or exercises control over three or more dwelling units within a multiple dwelling. (m) The term “ person ” shall mean any individual, corporation, association, or other entity, as defined

in R.S.1:1-2 . (n) The term “ continuing violation ” shall mean any violation of P.L.1967, c. 76 ( C.55:13A-1 et seq. ) or any regulation promulgated thereunder, where notice is served within two years

of the date of service of a previous notice and where violation, premise and person

cited in both notices are substantially identical. ( o ) The term “ project ” shall mean a group of buildings subject to the provisions of P.L.1967, c. 76 ( C.55:13A-1 et seq. ), which are or are represented to be under common or substantially common ownership

and which stand on a single parcel of land or parcels of land which are contiguous

and which group of buildings is named, designated or advertised as a common entity.

The contiguity of such parcels shall not be adversely affected by public rights-of-way

incidental to such buildings. (p) The term “ mutual housing corporation ” means a corporation not-for-profit incorporated under the laws of New Jersey on

a mutual or cooperative basis within the scope of Title VI, s.607 of the “Lanham Public

War Housing Act,” 54 Stat. 1125, 42 U.S.C. s.1501 et seq., as amended, which acquired a National Defense Housing Project pursuant to said act. (q) “ Condominium ” means the form of ownership so defined in the “Condominium Act,” P.L.1969, c. 257

( C.46:8B-1 et seq. ). (r) “ Cooperative ” means a housing corporation or association which entitles the holder of a share

or membership interest thereof to possess and occupy for dwelling purposes a house,

apartment or other structure owned or leased by said corporation or association, or

to lease or purchase a dwelling constructed or to be constructed by said corporation

or association. (s) “ Retreat lodging facility ” means a building or structure, including but not limited to any related structure,

accessory building, and land appurtenant thereto, and any part thereof, owned by a

nonprofit corporation or association which has tax-exempt charitable status under

the federal Internal Revenue Code and which has sleeping facilities used exclusively

on a transient basis by persons participating in programs of a religious, cultural

or educational nature, conducted under the sole auspices of one or more corporations

or associations having tax-exempt charitable status under the federal Internal Revenue

Code, which are made available without any mandatory charge to such participants. (t) “ Potentially hazardous violation ” means an imminent hazard to the health, safety, or welfare of the occupants or intended

occupants thereof, or of the public generally, or a deteriorating structural, sanitary,

or other condition that, if unaddressed, may result in an imminent hazard prior to

the next scheduled inspection conducted pursuant to P.L.1967, c. 76 ( C.55:13A-1 et seq. ).