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AN ORDINANCE AMENDING TITLE XVIII, HOUSING CODE, OF THE REVISED GENERAL ORDINANCES OF THE CITY F NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO INCLUDE A NEW ARTICLE, ARTICLE 16, CHANGE OF LOCKS/ORDER OF PROTECTION, TO PERMIT A LANDLORD TO CHANGE A LOCK FOR A TENANT THAT HAS OBTAINED AN ORDER OF PROTECTION AUTHORIZED BY A COURT OF COMPETENT JURISDICTION.
Deferred 6PSF-g 111521
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WHEREAS, the Municipal Council deems it necessary to amend the Housing Code to expressly authorize a property owner to assist a tenant, who has obtained an order of protection from a court of competent jurisdiction, without having to resort to a landlord tenant proceeding, in the circumstances described below; and
WHEREAS, such an ordinance will enable a tenant with an order of protection to secure their premises in a timely fashion and empower the landlord to act in response to a request to change the locks, thereby protecting the safety and well-being of the tenant.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEYTHAT:
SECTION 1. The Revised Ordinances of the City of Newark, as amended and supplemented, are hereby amended to add a new article, Article 16, to Title XVIII, Housing Code, as follows:
Article 16. Change of Locks/Order of Protection
1. An owner within the City of Newark who has equitable title and is either in actual or constructive possession and has charge, care or control of the dwelling may effect a change of lock(s) without court order to the lawful and licensed occupant of any apartment or unit of the landlord owned premises only after the tenant has requested same and the tenant has obtained an Order of Protection from an appropriate court.
2. The landlord may change the lock(s) of said rental unit on behalf of the tenant, if tenant has sought the intervention and assistance of the landlord for their own security and protection according to the Order of Protection from an appropriate court.
SECTION 2. If any portion of this Ordinance shall be deemed invalid or unenforceable, such adjudication shall apply only to the specific section, paragraph, subparagraph, and clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
SECTION 3. Effective Date: This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
An Ordinance amending Title XVIII, Housing Code, to include a new article, Article 16, Change of Locks, to authorize a landlord to change the lock for a tenant that has obtained an Order of Protection.