Borough of Swedesboro, NJ Chapter 254 Rental Property Registration

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 6-6-2016 by Ord. No. 7-2016.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 254, Rental Property Registration, adopted 9-19-2005 by Ord. No. 10-2005 (Ch. 95, Art. I, of the 1982 Code), as amended.

§ 254-1 Definitions.

Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meanings:

AGENT

The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed.

APARTMENT or DWELLING

Any apartment, cottage, bungalow or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, or the operation of any industry or business, or for any other type of independent use.

BASEMENT

A story partly underground but having less than 1/2 of its clear height, measured from finished floor to finished ceiling, below the curb level, except that where the curb level has not been legally established or where every part of the building is set back more than 25 feet from a street line the height shall be measured from the adjoining grade level.

BUILDING

Any building or structure, or part thereof, used for human habitation, use or occupancy, and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.

CELLAR

A story partly underground but having 1/2 or more of its clear height; measured from finished floor to finished ceiling, below the curb level, except that where the curb level has not been legally established or where every part of the building is set back more than 25 feet from a street line the height shall be measured from the adjoining grade elevation.

DWELLING UNIT

Any room or rooms, or suite or apartment, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities, and improvements connected with use or occupancy thereof.

HABITABLE ROOM

A room or enclosed floor space within the dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, storage space and spaces that are not used frequently or during extended periods of time.

OWNER

Any person or group of persons, firm, corporation, partnership or association, or officer thereof, who owns, operates, exercises control over or is in charge of a rental facility.

OWNER-OCCUPIED

A portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the Borough.

PERSON

An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.

REGISTRANT

The person to whom the registration is issued pursuant to this chapter. The term "registrant" includes within its definition the term "agent" where applicable.

REGISTRATION

The registration issued by the Borough Clerk or the Clerk's designee attesting that the rental unit has been properly registered in accordance with this chapter.

RENT or RENTED

Occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.

RENTAL FACILITY

Every building, group of buildings or portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individual, and is meant to include apartments and apartment complexes.

RENTAL UNIT

A dwelling unit which is available for lease or rental purposes.

TENANCY

The occupant in a unit other than the owner.

§ 254-2 Registration.

[Amended 6-19-2023 by Ord. No. 18-2023]

All rental units shall hereafter be registered with the Borough Clerk or designee of the Borough of Swedesboro on forms which shall be provided for that purpose and which shall be obtained from the Borough Clerk or designee. Such registration shall occur on an annual basis as provided herein. The registration term shall commence January 1 of each year and such registration shall be valid until December 31 of that year, at which time it shall expire and a new registration shall be required. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter.

§ 254-3 Registration upon change in occupancy; effect on prior leases.

[Amended 6-19-2023 by Ord. No. 18-2023]

Rental registrations shall be updated with each change of occupancy, and an inspection by the Rental Inspector(s) shall be completed prior to the new occupant moving in. Any lease which has been executed prior to the adoption of this chapter shall not be affected, but the rental unit must nevertheless be registered.

§ 254-4 Registration forms; filing; contents.

[Amended 6-19-2023 by Ord. No. 18-2023]

Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered as provided herein. Every owner shall file with the Borough Clerk or designee of the Borough of Swedesboro a registration form for each unit contained within a building or structure, which shall include the following information:

A. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership, the names and address of all general partners shall be provided together with the telephone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation shall be included;

B. If the address of any record owner is not located in Swedesboro, the name and address of a person who resides in Swedesboro and who is authorized to accept notices from a tenant and to accept receipts therefor and to accept service of process on behalf of the record owner;

C. The name and address of the agent of the premises, if any;

D. The name and address, including the dwelling unit number of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service, if any;

E. The name, address and telephone number of an individual representative of the owner or managing agent of the owner who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith;

F. The name and address of every holder of a recorded mortgage on the premises;

G. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used;

H. As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan which shall become part of the application and which shall be attached to the registration form when filed by the Borough Clerk or designee; and

I. Such other information as may be prescribed by the Borough of Swedesboro.

§ 254-5 Registration form; indexing; public inspection; fee.

A. The Borough Clerk or designee shall index and file the registration form and make it reasonably available for public inspection. In doing so the Borough Clerk or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this chapter.

B. The Borough Clerk or the designee shall maintain a master index of all such registration forms and any person may obtain from the Borough Clerk or designee a list of all rental units properly registered upon payment of a fee as set forth in Chapter 140, Fees.

§ 254-6 Registration form; amendments.

Every person required to file a registration form pursuant to this chapter shall file an amended registration form within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the ownership of the premises is changed.

§ 254-7 Inspections.

A. Each rental unit shall be inspected at least once every twenty-four-month period. All rental facilities must have their rental registration form(s) submitted no later than April 30 and pass inspection no later than June 30 of the licensing year.

[Amended 6-19-2023 by Ord. No. 18-2023]

B. Such inspections shall be performed by the Borough appointed Rental Inspector(s).

[Amended 6-19-2023 by Ord. No. 18-2023]

C. Such inspection shall be for the purpose of determining Chapter 340, Zoning, of the Code of the Borough of Swedesboro, compliance, and, to the extent applicable, to determine if the property complies with the Housing Code and/or Building Code and/or Uniform Fire Safety Act.[1]

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

D. Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected and registered. In the event that the property is occupied, when such conditions are discovered, all such corrections shall be made within 30 days, except in the case of life safety violations, then the repairs shall be made immediately or as soon as practicable after the owner is notified. If such corrections are not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate offense, subject to the penalty provisions of § 254-17 of this chapter. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this article, for good cause shown.

E. The Rental Inspector(s) are hereby authorized to make inspections to determine the condition of rental facilities and rental units in order that they may promote the purposes of this chapter to safeguard the health, safety, and welfare of the occupants of rental facilities and rental units and of the general public. For the purpose of making such inspections, the Rental Inspector(s) are hereby authorized to enter, examine, and survey rental facilities and rental units at all reasonable times. The owner or occupant of every rental facility and rental unit shall give the Rental Inspector(s) free access to the rental facility and rental unit at all reasonable times for the purpose of such inspection.

[Amended 6-19-2023 by Ord. No. 18-2023]

F. Every occupant shall give the owner of the rental facility and rental unit access to any part of such rental facility and rental unit at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant thereto.

G. Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this chapter, a Rental Inspector(s) shall conduct an inspection as hereinbefore provided.

[Amended 6-19-2023 by Ord. No. 18-2023]

H. State certificate of inspection. Commencing 30 days following an inspection of the property, the property shall not be registered unless the owner thereof produces, at the time of registration, a current, valid certificate of inspection indicating that the property has either been inspected by the State of New Jersey Bureau of Housing or by the officials of the Borough of Swedesboro having jurisdiction, and that the property does not contain any code violations.

§ 254-8 Prohibitions on occupancy.

No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit, within the Borough of Swedesboro which is not registered in accordance with this chapter.

§ 254-9 Fees.

A. At the time of filing the registration form, the owner shall pay a fee as set forth in Chapter 140, Fees, to cover the first and second inspections. If the payment is received after January 31, an additional fee as set forth in Chapter 140, Fees, shall be charged.

[Amended 6-19-2023 by Ord. No. 18-2023]

B. Should the owner fail the first inspection, the owner will not be charged for the second inspection; however, the owner will be charged a fee as set forth in Chapter 140, Fees, for each reinspection thereafter.

§ 254-10 Providing registration form to occupants and tenants.

A. Every owner shall provide each occupant or tenant occupying a rental unit a copy of the registration form required by this chapter. This particular provision shall not apply to any hotel, motel, or guest house registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3.

B. This provision may be complied with by posting a copy of the registration application in a conspicuous place within the rental unit(s).

§ 254-11 Limitation on occupancy.

Each registrant pursuant to this chapter shall be permitted to lease or rent the rental unit which has been registered, to a specific number of registered tenants, which is to be computed in accordance with the following:

A. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. Floor space shall be calculated on the basis of total habitable room area.

B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5m²) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6m²) of floor area for each occupant thereof. Every room occupied for sleeping purposes by children under the age of 10 years shall have a minimum floor space of 50 square feet for each child occupying said room.

C. One-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than seven feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining maximum permissible occupancy thereof.

§ 254-12 Maximum number of occupants; posting.

The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit. Any person violating this provision shall be subject to the penalty provisions provided herein.

§ 254-13 Taxes and other municipal charges.

No rental unit may be registered unless all municipal taxes, water charges and other municipal assessments are paid on a current basis.

§ 254-14 Other rental unit standard.

A. Cellars and basements. No cellar area or any part thereof shall be used for sleeping purposes. Basements may be used for sleeping purposes, provided that the entire basement complies with all requirements of this chapter, that all furnaces or other heating or hot water facilities are so located, insulated and separated from living areas by resistive partitions of two-hour fire rating, that fire extinguishers are provided at an accessible location in proximity thereto for use in case of fire and that the floors, ceilings and walls are impervious to leakage of underground and surface runoff water and are insulated from and free from dampness and moisture.

B. Heat. Every rental facility shall have heating facilities which are properly installed, maintained in good and safe working condition and capable of safely and adequately heating all applicable rooms, bathrooms and water closets located therein to a temperature of at least 70° F. when the outside temperature is 0° F. The temperature shall be read at a height of three feet above floor level at the center of the room.

C. All heating facilities located on the same floor with sleeping or living facilities shall be separated from said sleeping or living facilities by a fire-resistant wall.

D. Lighting and ventilation.

(1) Every habitable room shall have at least one window or skylight facing directly to outdoors, which shall be of sufficient size and location so that, when combined with artificial lighting and ventilating devices, said room will be fit for human occupancy, in accordance with the minimum standards hereinafter set forth with respect to lighting and ventilation.

(2) Means of ventilation shall be provided for every habitable room. Such ventilation may be provided by an easily operable window or skylight, or by other acceptable means, which will provide at least two air changes per hour.

(3) Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided by an easily operable window or skylight or by other acceptable means which will provide at least six air changes per hour.

E. Kitchen. Every dwelling unit in which the regular preparation of meals is to be accomplished must be equipped with a means of natural ventilation or mechanical ventilation sufficient to promptly remove cooking odors to the exterior of the premises.

F. Maintenance.

(1) Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior parts or part thereof subject to corrosion or deterioration shall be kept well painted.

(2) Every inside and outside stairway and every porch and appurtenance thereof shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and kept in sound condition and good repair. Every stairway having three or more steps shall be properly banistered.

(3) Every porch, balcony, roof and/or similar place higher than 30 inches above the ground used for egress or for use by occupants shall be provided with adequate railings. Such protective railings shall be properly balustraded and shall not be less than three feet in height.

(4) Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.

(5) Every foundation, floor and wall shall be free from chronic dampness.

(6) Every rental facility shall be free from rodents, vermin and insects. Rodents or vermin extermination and rodent proofing or vermin proofing may be required by the inspecting officer or the Board of Health.

(7) Every rental facility shall be clean and free from garbage or rubbish and other hazards to safety. Lawns, hedges, trees, bushes, and other forms of vegetation shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.

(8) The Rental Inspector(s), code official or the Board of Health may issue an order to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling in a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when such wall or ceiling has become stained or soiled or where the plaster wallboard has become loose or badly cracked or missing.

[Amended 6-19-2023 by Ord. No. 18-2023]

G. Fire protection. Each rental facility shall contain a fire extinguisher on every floor or portion thereof used as a rental facility. These should be kept in a designated location in a condition which will permit efficient operation without delay.

§ 254-15 Standards for occupants.

A. Occupants. Only those occupants whose names are on file with the Borough Clerk's office as provided in this chapter may reside in the premises. It shall be unlawful for any other person to reside in said premises.

B. Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general, such that it shall constitute a nuisance.

C. Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Swedesboro and with all applicable state and federal laws.

D. Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of this chapter.

§ 254-16 Revocation of registration; procedure.

A. Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the registration issued hereunder upon the happening of one or more of the following:

(1) Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.

(2) Determination of a violation of this chapter at a hearing held pursuant to Subsection B herein.

(3) Continuously or repeatedly renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Borough.[1]

[1] Editor's Note: See Ch. 217, Noise.

(4) Continuously or repeatedly permitting the rental unit to be occupied by more than the maximum number of occupants as defined herein.

(5) Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.

B. Procedure; written complaint; notice; hearing.

(1) A complaint seeking the revocation or suspension of a registration may be filed by any one or more of the following: The Mayor, members of Council, the Chief of Police, the Construction Code Official, the Zoning Enforcement Officer or the Property Maintenance Code Official. Such complaint shall be in writing and filed with the Borough Clerk. The complaint shall be specific and shall be sufficient to apprise the registrant of the charges so as to permit the registrant to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.

[Amended 6-19-2023 by Ord. No. 18-2023]

(2) Upon the filing of such written complaint, the Borough Clerk shall immediately inform the Borough Council, and a date for a hearing shall be scheduled which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk shall forward a copy of the complaint and a notice as to the date of the hearing to the registrant and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.

(3) The hearing required by this section shall be held before the Borough Council unless, in its discretion, the Borough Council determines that the matter should be heard by a hearing officer who shall be appointed by the Borough Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. The Borough Council shall then review the matter and may accept, reject, or modify the recommendations of the hearing officer based on the record before such hearing officer. In the event that the matter is not referred to a hearing officer and is heard by the Borough Council, then the Borough Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered, dismissing the complaint, revoking or suspending the registration, or determining that the registration shall not be renewed or reissued for one or more subsequent registration years.

(4) A stenographic transcript or recording shall be made of the hearing. All witnesses shall be sworn in prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally control administrative hearings.

(5) The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.

§ 254-17 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court or such other court having jurisdiction, be liable to a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter.