[Adopted 3-16-2006 by Ord. No. 01-06]
As used in this article, the following terms shall have the
meanings indicated:
APARTMENT
Includes that portion of a dwelling unit rented or offered
for rent, for living and dwelling purposes, to one individual or family
unit, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the property.
AVAILABLE FOR RENT TO TENANT
Fit for habitation as defined by the statutes of the State
of New Jersey, codes and ordinances of the Township of Mine Hill.
OWNER
Any person who owns any legally cognizable interest in any
rental property, including but not limited to outright ownership,
ownership through a partnership, corporation or limited-liability
company.
RENT
Includes tenancies of all types, including rental or lease
agreements, whether written or verbal, or day-to-day, week-to-week
or month-to-month occupancies, agreements, or arrangements pursuant
to which any person(s) other than the owner occupy a rental unit.
RENTAL PROPERTY
Includes any building or structure that contains one or more
rental units which are rented or offered for rent to one or more tenants
or family units.
RENTAL UNIT
Includes that portion of a dwelling, building or structure
rented or offered for rent for living and dwelling purposes to individuals
or family units.
RESIDE
To live or dwell permanently or to continuously occupy a
place as one's domicile for 10 or more days.
[Amended 8-13-2015 by Ord. No. 23-15; 4-20-2017 by Ord. No. 05-17; 4-13-2020 by Ord. No. 09-20]
A. The owner of every rental property in the Township of Mine Hill shall
file a rental property registration statement with the Township Zoning
Official, the form of which is on file with the Zoning Official. The
Zoning Official shall provide a copy of same to the Municipal Housing
Official. When providing a copy of same to any other person or entity
requesting same via an OPRA request, the Township Clerk shall redact
the names and addresses, age and gender of the tenants.
B. The rental property registration statement shall be filed on an annual
basis on or before March 31 of each year.
C. The rental property registration statement shall include:
(1) The name and address of all record owners of the rental property,
building or of the rental business (including all general partners
in the case of a partnership and all members in the case of a limited-liability
company and all shareholders in the case of a corporation).
(2) The name and address of a person who resides in the State of New
Jersey and is authorized to accept notices from a tenant or a municipality,
to issue receipts for these notices and to accept service of process
on behalf of the owner.
(3) The name and address of the managing agent and, if applicable, the
name, address and telephone number of the superintendent, janitor,
custodian or other person employed to provide regular maintenance
services, and the name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the
rental property or any rental unit, including such emergencies as
the failure of any essential service or system, and who has authority
to make emergency decisions concerning the building or unit, including
the making of repairs.
(4) The name, age and gender of each and every tenant in each rental
unit, including children. The information contained in the rental
property registration statement must set forth information for each
rental unit within the rental property and must include all tenants
in each unit.
(5) The name and address of all holders of recorded mortgages on the
rental property.
(6) If fuel oil is used to heat the rental property or rental unit and
the landlord furnishes heat, the name and address of the fuel oil
dealer servicing the rental property and the grade of oil used.
(7) As to each rental property and rental unit, the owner shall provide
a floor plan which shall depict the number, dimensions and location
of each room in the unit. No space shall be used for sleeping purposes
which has not been so designated as a sleeping area on the sketch
provided by the owner and approved by the Construction Official/local
enforcing agency which shall be on file with the Construction Official/local
enforcing agency.
(8) Such other information as may be required by the Township.
D. In the event the tenancy changes during the year, the landlord, owner
or managing agent shall, within 30 days of the change in tenancy,
provide an updated rental property registration statement for every
unit in which a change in tenant has occurred. This shall be in addition
to the requirements for obtaining a certificate of occupancy for the
change of tenancy. A change in tenancy shall mean the addition of
any person not included in the annual statement, or deletion of any
person on the annual statement.
[Amended 4-13-2020 by Ord. No. 09-20]
The provisions of this article shall not apply to public housing
authorities, not-for-profit housing corporations, or rental property
legally restricted to senior housing or housing for the developmentally
disabled.
[Adopted 3-6-2014 by Ord. No. 06-14]
For the purposes of this article, the following terms shall
be defined as follows:
DWELLING
Any building or structure, or part thereof, used for human
habitation, use, or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
DWELLING UNIT or HOUSING UNIT
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, and
eating.
HABITABLE ROOM
A room or enclosed floor space within a 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, and storage spaces.
OCCUPANT
Any person or persons in actual possession of and living
in the building or dwelling unit, including the owner.
The occupancy of rental housing units in the Township of Mine
Hill shall be limited by the following:
A. A dwelling unit shall contain not less than 150 square feet of floor
space for the first occupant thereof and not less than 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the base of total habitable room
area.
B. Every room occupied for sleeping purposes by one occupant shall contain
not less than 70 square feet of floor space, and every room occupied
for sleeping purposes by more than one occupant having not less than
50 square feet of floor space for each occupant thereof.
C. At least 1/2 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 is less than five feet shall not be
considered as part of the floor area in computing the total floor
area in the room for the purpose of determining the maximum permissible
occupancy thereof.
D. A room located in whole or in part below the level of the ground
may be used for sleeping, provided that the walls and floors thereof
in contact with the earth have been damp-proofed, and provided that
all requirements otherwise applicable to habitable rooms generally
are satisfied.
Any individual who owns, leases, occupies, or maintains any rental housing unit within the Township of Mine Hill in violation of the occupancy limitations set forth in §
405-9 shall be deemed to have violated this article.
The Zoning Officer and Code Enforcement and Housing Officer
of the Township of Mine Hill are hereby designated as the officers
to exercise the powers prescribed by this article and shall serve
in such capacity without any additional salary.
The Zoning Officer and Code Enforcement and Housing Officer
are hereby authorized and directed to make inspections to determine
the occupancy conditions of rental dwellings and housing units located
within the Township of Mine Hill in order that he may perform his
duty of safeguarding the health and safety of the occupants of rental
dwellings and of the general public. In the event the owner or occupant
of a housing unit shall deny the Zoning Officer or the Code Enforcement
and Housing Officer access to such housing unit at a reasonable time
for the purpose of such inspection, examination, and survey, the officer
shall have the right to apply for an appropriate search warrant if
cause exists.