Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Authorizes certain real property transfers without certain municipal transfer approvals and water testing
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing certain real property transfers without certain municipal transfer approvals and water testing, supplementing Title 40 of the Revised Statutes, and amending P.L.2001, c.40.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):
Involuntary real property transfer means a transfer of real property that occurs as a result of a foreclosure of a mortgage or lien, sheriff sale, execution sale, bankruptcy sale, a sale or foreclosure for delinquent taxes or assessments, or other municipal charges;
Municipal transfer approval means documents or approvals required by municipal ordinance to be issued by the municipality prior to a transfer of real property, such as a certificate of inspection, certificate of occupancy, or certificate of code compliance.
2. (New section) a. A municipal ordinance requiring an inspection or municipal transfer approval shall be inapplicable to an involuntary real property transfer, whether prior to or following the transfer, except as otherwise provided in P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The owner of a property acquired by an involuntary real property transfer shall be exempt from the enforcement of a local ordinance concerning buildings and structures and their occupancy and use, housing, zoning, and property maintenance:
(1) for a period of 90 days following the transfer; or
(2) if the owner has a civil action pending in a court of competent jurisdiction to recover possession of the property, for a period of 90 days following the date the owner recovers possession of the property.
c. The provisions of this section shall preempt any law, ordinance, resolution, or regulation adopted by the governing body of a county or municipality concerning buildings and structures and their occupancy and use, housing, zoning, and property maintenance to the extent it is inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. Nothing in this section
shall preclude a municipality from abating a violation and placing a lien on a
property subject to an involuntary real property transfer as permitted by law.
3. (New section) a. A municipal ordinance requiring a municipal approval prior to a transfer of real property shall be implemented as requiring issuance of a temporary transfer approval, not to exceed 90 days, if the following provisions are met:
(1) the sellers ownership is of record;
(2) the seller has filed a certification or affidavit with the municipality that the property is not occupied; and
(3) the buyer has filed a certification or affidavit with the municipality that:
(a) the property shall not be occupied until issuance of a final municipal transfer approval; and
(b) the purchaser shall abate violations identified by the municipality or file construction permit applications to abate the violations within 90 days of closing on the purchase of the real property.
b. The provisions of this section shall preempt any law, ordinance, resolution, or regulation adopted by the governing body of a county or municipality concerning buildings and structures and their occupancy and use, housing, zoning, and property maintenance to the extent it is inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. Section 2 of P.L.2001, c.40 (C.58:12A-27) is amended to read as follows:
2. a. Every contract of sale of: (1) real property the potable water supply for which is a private well located on the property[,]; or (2) any other real property the potable water supply for which is a well that has less than 15 service connections or that does not regularly serve an average of at least 25 individuals daily at least 60 days out of the year, shall include a provision requiring, as a condition of the sale, the testing of that water supply for at least the parameters prescribed pursuant to sections 3 and 4 of [this act] P.L.2001, c.40 (C.58:12A-28 and C.58:12A-29).
b. Closing of title on the sale of the real property shall not occur unless both the buyer and the seller have received and reviewed a copy of the water test results. At closing, the buyer and seller both shall certify in writing that they have received and reviewed the water test results.
c. (1) Notwithstanding the provisions of any law, ordinance, resolution, or regulation of a county, county health department, health agency, or board of health concerning water tests, a water test shall not be required of a property subject to an involuntary real property transfer, whether prior to or following the transfer.
(2) As used in this subsection:
Involuntary real property transfer means a transfer of real property that occurs as a result of the foreclosure of a mortgage or lien, sheriff sale, execution sale, bankruptcy sale, a sale or foreclosure for delinquent taxes or assessments, or other municipal charges.
(cf: P.L.2001, c.40, s.2)
5. Section 9 of P.L.2001, c.40 (C.58:12A-34) is amended to read as follows:
9. Nothing in [this act] P.L.2001, c.40 (C.58:12A-26 et seq.) shall be construed to limit or preempt the authority of a county, county health department, health agency, or designated health officer from making or causing to be made such inspection and testing of a water supply as may be necessary to ensure the health and safety of the residents of the State, except as provided in subsection c. of section 2 of P.L.2001, c.40 (C.58:12A-27).
(cf: P.L.2001, c.40, s.9)
6. This act shall take effect immediately.
STATEMENT
This bill provides that a mu