Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
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 COMPLEX
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
APARTMENT or DWELLING UNIT
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house 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 shall be designed
for residence, for office or the operation of any industry or business
or for any other type of independent use.
LICENSE
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" where applicable.
OWNER
Any person or group of persons, firm, corporation, or officer
thereof, partnership, association, or trust, who owns, operates, exercises
control over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or a 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 individuals and is
meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within a home,
duplex, triplex and/or apartment complex.
All rental units shall hereafter be registered or reregistered
with the Township Clerk or designee of the Township of Elk or such
other person as designated by the Township Committee, on forms which
shall be provided for that purpose and which shall be obtained from
the Township Clerk or designee. Such registration shall occur on an
annual basis as provided herein.
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on March 1 and shall be valid until
February 28 of the following calendar year, at which time it shall
expire and a new registration shall be required. The initial registration
shall occur within 45 days following the adoption of this chapter.
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,
inspected and licensed in accordance with this chapter. No rental
unit shall hereafter be rented unless the rental unit is registered
and licensed in accordance with this chapter.
[Added 10-16-2022 by Ord. No. O-7-2022]
The owner of a business, an owner of a rental unit or units,
and an owner of a multifamily home of four or fewer units, one of
which is owner-occupied, must annually register the certificate of
insurance with the Township. The owner of a business or the owner
of a rental unit or units shall maintain liability insurance for negligent
acts and omissions in an amount not less than $500,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Township Clerk
or designee of the Township of Elk or such other person as designated
by the Township Committee 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 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. All registration addresses shall be physical addresses; post
office boxes alone are not acceptable.
B. If the address of any record owner is not located in Elk Township
or in Gloucester County, the name and address of a person who resides
in Gloucester County and who is authorized to accept notices from
a tenant and to issue 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 agent 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 future 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;
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 Township Clerk or designee;
I. A classification of the rental unit type using the following abbreviations:
(1) SFD (Single-family detached).
(2) SFA (Single-family attached).
(4) TPL (Triplex: three units).
(6) CPL (Complex: five or more units).
(8) CM (Commercial: unit is located in a commercial business structure).
J. Whether or not the landlord has conducted a tenant screening for
each new tenant and authorized adult household member;
K. Such other information as may be prescribed by the Township.
The Township Clerk or designee shall index and file the registration
forms. In doing so, the Township 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.
Every person required to file a registration form pursuant to
this chapter, shall file an amended registration form within twenty
(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.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Elk
which has not been inspected or registered and licensed in accordance
with this chapter.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
chapter as well as with the "Truth in Renting Handbook" published
by the New Jersey Department of Community Affairs. 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. 55:31A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
No rental unit may be registered and no license shall issue
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
All dwelling units shall be maintained in accordance with the Uniform Construction Code, Chapter
54 and Property Maintenance, Chapter
110.
Any person who violates any provision of this chapter shall,
upon conviction in the Municipal Court of the Township of Elk 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
violations subject to the penalty provisions of this chapter.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a Court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law