b. A public officer, a tenant whose utility service has been diverted or a utility company
providing electric, gas or water utility service to a dwelling may maintain a proceeding as
provided in this act upon the grounds (1) that there exists in these dwellings or in housing space
thereof a wrongful diversion of electric, gas or water utility service by the owner or owners or
other party from a tenant of the dwelling without the consent of the tenant, or the use by the
owner or other party in the dwelling without the tenant's consent of electric, gas or water utility
service that is being charged to the tenant, and (2) that the owner has been notified by either a
public officer, a tenant whose utility service has been diverted or a utility company of the
wrongful diversion or unconsented use by certified mail and has failed to take necessary action
to correct or eliminate the wrongful diversion or unconsented use within 30 days of receipt of
such notice. If an owner fails or refuses to accept a notice sent by certified mail, the date of
receipt shall be deemed to be the third day after mailing, provided the notice was sent to the
owner at an address to which the owner's utility bills or municipal tax bills are sent.
L. 1971, c. 224, s. 4, eff. June 21, 1971. Amended by L. 1985, c. 411, s. 4, eff. Jan. 13, 1986.
2A:42-89. Institution of action; service and notice of petition
a. A proceeding prescribed by this act shall be commenced by the service of a petition and
notice of a petition. A notice of petition may be issued only by a judge or a clerk of the court.