Marvin Mandel, Governor 1473
(5) Ordering any amount of monies accumulated in escrow dis-
bursed to the tenant (WHERE THE LANDLORD REFUSES TO
MAKE REPAIRS AFTER A REASONABLE TIME) or to be land-
lord OR TO A CONTRACTOR CHOSEN BY THE LANDLORD in
order to make repairs or to otherwise remedy the condition. In either
case, the court may make any order it deems appropriate SHALL
MAKE AN ORDER to insure that monies thus disbursed will be in
fact used for the purpose of making repairs or effecting a remedy.
Any such disbursement to the landlord shall be conditioned upon the
landlord demonstrating that he is otherwise financially incapable of
remedying the condition or conditions.
(6) Referring any matter before the court to the proper State
or municipal agency for investigation and report and granting a
continuance of the action or complaint pending receipt of such inves-
tigation and report. When such a continuance is granted, the tenant
shall deposit with the court rents, subject to any abatement under
subsection (f) (4), above, which become due during the period of
the continuance, to be held by the court pending its further order; or
(7) In its discretion, ordering escrow funds disbursed to pay a
mortgage on the property in order to stay a foreclosure.
(g) Notwithstanding any provision of subsection (f), above,
where an escrow account is established by the court and the condition
or conditions are not fully remedied within six months of the estab-
lishment of such account, AND THE LANDLORD HAS NOT
MADE REASONABLE ATTEMPTS TO REMEDY THE CONDI-
TION, THE COURT SHALL AWARD all monies accumulated in
escrow shall be disbursed to the tenant. In such event, the escrow
shall not be terminated, but shall begin upon a new six month period
with the same result if, at the end thereof, the condition or conditions
have not been remedied.
(h) The initial hearing must be held within fifteen (15) calendar
days from the posting by the court of notification of the hearing as
provided in paragraph (j), except that the court shall order an
earlier hearing where emergency conditions are alleged to exist upon
the premises such as, failure of heat in winter, lack of adequate
sewage facilities or any other condition which constitutes an immed-
iate threat to the health or safety of the inhabitants of the leased
premises.
(i) The court, on motion of either party or on its own motion,
may hold hearings subsequent to the initial proceeding in order to
further determine the rights and obligations of the parties, in addi-
tion to the original determination of the merits of the case, a hearing
is also required to be held in cases where either party requests dis-
bursement of escrow monies for whatever purpose DISTRIBUTION
OF ESCROW MONIES MAY ONLY OCCUR BY ORDER OF THE
COURT AFTER A HEARING AFTER BOTH PARTIES ARE
GIVEN REASONABLE NOTICE OR UPON MOTION OF BOTH
THE LANDLORD AND TENANT OR UPON CERTIFICATION
BY THE HOUSING INSPECTOR THAT THE WORK REQUIRED
BY THE COURT TO BE DONE HAS BEEN SATISFACTORILY
COMPLETED.
(j) In the case of all motions and other papers requiring a hearing
thereon, the court shall notify by Certified Mail (return receipt) the
opposite party, and all other persons required to be notified, stating
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