What is your stand on this issue? Who's fault is overcrowding? Do you think people want to live in overcrowded conditions?
 
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Fines viable for crowded dwellings

Published in the Asbury Park Press 02/4/05
By LAUREN O. KIDD
GANNETT STATE BUREAU

Municipalities could levy increased fines on both landlords and tenants found to be at fault for overcrowded living situations, under a bill endorsed by a state Senate committee Thursday.

Supporters of the legislation, sponsored by Sens. Anthony R. Bucco, R-Morris, and Nia H. Gill, D-Essex, say it will combat the health and safety hazards caused by overcrowded housing, but opponents say it could force vulnerable citizens out of apartments and onto the streets.

"It will lead to people being forced out of their homes," said Mary Ellen Marino, executive director of the Mercer Alliance to End Homelessness.

The legislation is designed to protect residents, firemen and other essential personnel from the risks posed by overcrowded dwellings, lawmakers said Thursday.

"We cannot weigh the loss of lives against homelessness," said Sen. Sharpe James, D-Essex, vice chairman of the Senate Community and Urban Affairs Committee that approved the bill unanimously.

"We want to protect the lives of first responders . . . and the lives of tenants in the building," Bucco said.

Restricted to buildings with four of fewer units, the move allows municipalities to impose fines of up to $2,500 for a first offense of "illegal occupancy resulting in overcrowding," up to $5,000 for a second offense and up to $10,000 for additional offenses.

Current fines cannot exceed $1,250, an amount that some landlords consider a cost of doing business, Bucco said.

The bill distinguishes between overcrowding caused by landlords and that caused by tenants, and it grants landlords the right to expedite evictions of tenants who cause overcrowding.

Advocates say affordable housing is scarce in New Jersey, and residents live in overcrowded apartments when no other options exist.

"They have to be overcrowded because we don't have affordable housing in this state," said Matt Shapiro, president of the New Jersey Tenants Organization.

"We are taking people out of a potentially unsafe situation and putting them into a very unsafe situation," said the Rev. Bruce H. Davidson, director of the Lutheran Office of Governmental Ministries in New Jersey.

The legislation exempts seasonal rental units, defined as units rented for less than 125 days by tenants with permanent residences elsewhere. That definition does not apply to "living quarters for seasonal, temporary or migrant farm workers," the bill states.

Those opposed say the bill discriminates against immigrants. "If the concern was about safety why are we going to let 12 college students stay in one room?" asked Davidson, referring to popular Shore rentals.

The New Jersey State League of Municipalities supports the measure, which was brought about when several Morris County municipal officials came to Bucco with concerns about overcrowding in his district.

"No one is more concerned about the livability of residents than municipal officials," said Michael Cerra, senior legislative analyst for the league. Overcrowding causes health issues, fire hazards and additional burdens on local services, Cerra said.



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