City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 6-8-1983 by Ord. No. 4813-83. Amendments noted where applicable.]
GENERAL REFERENCES
Rent control — See Ch. 363.

§ 145-1 Registration required; bond; fee; unlawful to list unavailable addresses.

A. 
An applicant, individual, organization, partnership or corporation which established, conducts or operates an apartment rental business or office shall, prior to opening said business or office:
(1) 
Register with the City Clerk the names and addresses of all individuals involved with the business or office.
(2) 
Provide the City Clerk with the specific location(s) of the proposed business or office.
(3) 
Post a bond or money in the amount of $2,500 with the City Clerk's office to be placed in an interest-bearing account, payable to the applicant subject to § 145-2 (if posted directly by the applicant).
(4) 
Pay a fee of $50.
B. 
"Apartment rental business or office" shall not include any business or office which receives a payment conditioned upon the actual rental of a dwelling unit. "Apartment rental business or office" shall mean any business or office receiving payment in exchange for one or more addresses of dwelling units supposedly or allegedly available for rental purposes.
C. 
It shall be unlawful for any apartment rental business or office to advertise, offer or sell a list of one or more address(es) of dwelling units allegedly available for rental purposes, which address or addresses are not bona fide available at said time.

§ 145-2 Determination of availability of addresses; refunds; violations and penalties.

A. 
In the event that a complaint is registered with the City Clerk's office regarding the alleged loss of any payment made to an apartment rental business or office for one or more address(es) of dwelling units allegedly available for rental purposes, the Housing Officer (or his designee), upon notice to the apartment rental business or office, shall make a hearing determination as to whether or not said address(es) are bona fide available rental units. "Bona fide available rental units" shall mean rental units available for occupancy contemporaneously with the issuance of the address lists and not advertised in newspapers or elsewhere and not listed with any real estate agent or broker.
B. 
Upon a finding by the Housing Officer (or his designee) that said address(es) are not bona fide available rental units, the City Clerk shall be authorized to refund from the posted bond to the consumer the amount paid by him/her.
C. 
In the event that more than one claim is involved and the total loss exceeds the amount of the posted bond or money, an appropriate share shall be refunded to the complaining parties.
D. 
The remedies and/or penalties set forth in this chapter shall in no way limit, modify or eliminate any others available under any other law.
E. 
Any business or office which violates the provisions of this chapter or which has not complied with the provisions of this chapter shall not be permitted to operate, and those individuals or corporations found guilty of violating any of these provisions shall be subject to a fine of $500 or imprisonment for 90 days, or both.