New Jersey’s Law Against Maintaining a Nuisance – What You Need to Know

New Jersey has a law that allows courts to order the closure of properties where a “nuisance” is being maintained. This law, N.J. Stat. § 2C:33-12.1, gives courts the power to seize property, order forfeitures, and even close down buildings for up to a year if the owner is found guilty of maintaining a nuisance.

What Activities Can Lead to a Nuisance Charge?

The nuisance law is broad and can cover many types of problematic activities. Under N.J. Stat. § 2C:33-12, a nuisance exists when someone “recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons.”

This could include things like:

• Allowing drug dealing or organized criminal activity on a property
• Operating an unlicensed nightclub with noise and disturbances
• Allowing unsafe conditions like faulty wiring or fire code violations
• Allowing prostitution or illegal gambling at a business site

So any activities that threaten public safety or peace can potentially lead to a nuisance charge against the property owner or manager.

What Penalties Can a Nuisance Conviction Bring?

If convicted under the nuisance law, the penalties can be severe:

• Property seizure: Police can seize and forfeit any property used to maintain the nuisance, like sound equipment at an unlicensed nightclub or drugs at a drug house. The seized property is sold off, with proceeds going to the county.
• Building closure: The court can order a building closed for up to a year to prevent continued nuisance activities. This forces business owners with nuisance violations to shut down completely.
• Fines: Fines up to $10,000 can be imposed for a criminal nuisance conviction. This gives courts flexibility to impose financial penalties.
• Abatement costs: The owner may have to pay the costs of abating the nuisance originally, like cleanup costs or boarding up a building. This reimburses some costs to authorities.

So owners found guilty face major disruptions and costs from a nuisance conviction. It can force a business to close, seize valuable property, and impose major fines all at once.

What Kind of Defenses Can Be Raised?

Defense lawyers have several options to contest nuisance charges:

• No knowledge: The owner can claim no knowledge of any illegal activity. This is harder for onsite managers.
• Didn’t “maintain” nuisance: The owner took reasonable steps to address nuisance activity once discovered. Swift action against problems helps this defense.
• No actual nuisance: Question whether the activities truly threatened public health or safety under the law. Argue the charges are overblown.
• Discriminatory enforcement: Claim authorities are unfairly targeting this property compared to others with similar issues. Selective enforcement is unconsitutional.
• Unconstitutional vagueness: Argue the nuisance law is overly vague in how it defines prohibited conduct. Vague laws violate due process.
• Regulatory compliance: Show the property was in compliance with all relevant state and local safety and health codes. Acted reasonably under the codes.
• Retaliation for complaints: If the owner complained about police conduct or made other grievances, claim this charge is in retaliation for the complaints.

So while nuisance charges can seem intimidating, experienced criminal defense counsel can often find ways to contest them. Checking the property history, permits, regulatory compliance, and management practices helps build a defense.

How Can Owners Avoid Nuisance Charges in the First Place?

The best defense is a good offense when it comes to avoiding nuisance violations:

• Conduct background checks on all tenants, residents, or businesses before allowing them to use the property. Screen out clearly problematic uses.
• Use lease terms prohibiting illegal activities, with forfeiture clauses to quickly remove violators. Include nuisance laws in default clauses.
• Properly permit any regulated uses like nightclubs, performance venues, hotels/motels, or liquor licenses. Comply with all permit and license terms.
• Address problems proactively by immediately acting against any emerging nuisance activities. Don’t wait for authorities to step in.
• Install security measures like cameras, fencing, lighting, and security patrols to deter illegal activities. Make the property unattractive for nuisances.
• Follow all local health and safety codes to avoid regulatory violations. Fix any code issues immediately.

With proactive management and protective lease terms, property owners can help guard against nuisance activity taking root in the first place. But if charged, an experienced criminal defense lawyer can often fight back against allegations.