[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
The following words or phrases when used in this article shall have the following meanings:
- AGENT or MANAGER
- An 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 article. The terms 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 a 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 for dwelling purposes which occupy all or part of a floor or floors in a building of one or more floors or stories, but not the entire building, whether designated with or without housekeeping facilities and notwithstanding whether the apartment is designated for residential use or the operation of any industry or business or any other type of independent use.
- 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 enjoined therewith.
- DWELLING UNIT
- Any room or rooms, suite or a part thereof, 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 other servants, agents or employees. This definition applies only to those dwelling units, including single-family residences, which are available for lease or rental purposes.
- 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.
- LODGING UNIT
- A room or group of rooms containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
- See the definition of “agent or manager.”
- The person who owns, purports to own or exercises control over any building.
- An individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereof.
- RENTAL UNIT
- Includes the term "apartment" or "dwelling," "building," "dwelling unit," "habitable room" or "lodging unit" as defined by this chapter. This definition shall not apply to any single-family home which is not available for rental purposes.
- SLEEPING ACCOMMODATIONS
- The number of individuals who may be properly accommodated in the beds and other sleeping facilities located within a rental unit. A standard single bed shall count as a proper accommodation for one individual, and a standard double bed as a proper accommodation for two individuals.
- SUMMER LEASE/RENTAL
- A fully furnished unit that will be rented during the period of Memorial Day weekend to the first weekend after Labor Day or for a portion of that time period.
- The person or persons to whom a rental unit is leased or rented by the owner.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall obtain a rental mercantile license as provided herein. Every owner, either personally or through his agent, shall obtain from the Code Enforcement Officer or his designee as said license for any rental unit located within the Township of Little Egg Harbor. Said license form shall include the following information:
The name and address of the record owner(s) of the premises and the record owner(s) of the rental business, if not the same person(s). In the case of a partnership, the names and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, indicating where such individuals 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 the name and address of the person to be contacted for any reason regarding the rental unit, if other than the registered agent.
If the address of any record owner is not located in the Township of Little Egg Harbor, the owner shall designate an agent or manager who resides in the Township of Little Egg Harbor and who is authorized by the owner to perform any duty imposed upon the owner by this article.
The name, address and telephone number of an individual representative of the record owner or manager or agent located in the Township of Little Egg Harbor who may be reached or contacted at any time in the event of an emergency affecting the premises or any rental unit therein, including such emergencies as the failure of any essential services or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
The name and address of every holder of a recorded mortgage on the premises.
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.
As to each rental unit, specification of the exact number of sleeping rooms contained in the rental unit and the exact number of sleeping accommodations contained in each of the sleeping rooms, identifying each sleeping room specifically by the number and location within the rental unit and by the square footage thereof. In order to satisfy the requirements of this provision, an owner shall submit a floor plan which shall become a part of the registration application and which shall be attached to the registration form when filed with the Code Enforcement Officer or his designee.
The fee for the rental mercantile license shall be $50 for each premises, which shall be submitted with the completed license form.
[Added 6-14-2018 by Ord. No. 2018-11]
Rental mercantile licenses shall expire each year on December 31. Each license shall be required to submit a renewal application prior to such expiration each year.
[Added 6-14-2018 by Ord. No. 2018-11]
[Amended 6-14-2018 by Ord. No. 2018-11]
The Zoning Officer or his designee shall index and file the license form and make it reasonably available for public inspection. In doing so, the Zoning Officer or his designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the license 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 license requirements of this article. The Zoning Officer or his designee shall maintain a master index of all such forms, and any person may obtain a list of all properly licensed rental units upon payment of the appropriate fees as listed on the ordinance fee schedule.
Every person required to file a mercantile license form pursuant to this article shall file an amended rental registration form within 20 days after any change in the information required to be included thereon.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the form required by this article. 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 Motel Multiple Dwelling Law as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the form in a conspicuous place within the rental unit(s).
Each owner of a unit registered pursuant to this article shall be permitted to lease or rent said rental unit to a number of registered tenants, which number shall not exceed the number which has been computed in accordance with the following:
Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
Rental units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements as set forth in this article. If there is a discrepancy regarding the number of occupants permitted pursuant to this article, the most restrictive requirement shall govern.
Combined living room and dining room spaces shall comply with the requirements of this article.
The maximum allowable number of people on any deck shall be one person per nine square feet.
It shall be unlawful and in violation of this article for an owner or a tenant of any registered rental unit to allow a number of people greater than the permitted maximum number of occupants to rent or occupy any dwelling unit. It shall also be a violation of this article for the owner to lease a rental unit to a number or group of tenants which exceeds the total number of sleeping accommodations which has been established for said rental unit pursuant to this article. It shall also be unlawful for any tenant or any owner of a dwelling unit to knowingly permit a number of people greater than the maximum number of sleeping accommodations to sleep in or occupy the dwelling unit overnight. It shall also be unlawful for a tenant or an owner to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of a rental unit to occupy the decks or porches of said rental unit.
The police officers of the Little Egg Harbor Police Department and the officials of the Little Egg Harbor Code Enforcement Office are authorized to issue a summons for a violation of this article to any owner or tenant that is found to be in violation of this article.
No rental unit shall be issued a rental mercantile license unless all municipal taxes, water charges, sewer charges and other municipal assessments are paid on a current basis.
Every owner or agent shall obtain from the Township of Little Egg Harbor a certificate of inspection and occupancy for each rental unit which is within the boundaries of the Township of Little Egg Harbor and is rented or leased for a period of 31 days or more prior to occupancy of same.
Every owner or agent of a rental unit shall obtain from the Township of Little Egg Harbor an initial certificate of inspection and occupancy for each rental unit required to obtain the same pursuant to this article. For each new rental which commences after the passage of this article, every owner or agent of a rental unit which requires a certificate of inspection and occupancy shall obtain said certificate of inspection and occupancy from the Township of Little Egg Harbor at any time as required by this article, including but not limited to any time a change in one or more tenants occurs or any time the premises is rented or leased for a period of 31 days or more.
Certificates of inspection and occupancy shall be obtained by making applications to the Code Official of the Township of Little Egg Harbor or his designee.
Once an application for a certificate of inspection and occupancy has been made to the Township of Little Egg Harbor, the appropriate officials shall conduct an inspection of the rental unit to determine if the same complies with all applicable ordinances, codes, regulations and statutes. If the determination is made that a rental unit is in compliance with all ordinances, codes, regulations and statutes and it is further determined that a current and valid rental mercantile license exists for said rental unit and the appropriate fee has been paid for a certificate of inspection and occupancy, said certificate of inspection and occupancy will be issued by the appropriate officials of the Township of Little Egg Harbor.
In addition to the penalties of N.J.S.A. 46:8-35, any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Township of Little Egg Harbor or such other court having jurisdiction, be liable for a fine not exceeding $1,250 or imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or by any one or more of the above. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article. The penalties provisions contained in this article will automatically be deemed altered and amended in conjunction with any amendments to N.J.S.A. 40:49-5.
The Township of Little Egg Harbor and its residents are subject to disturbances, and damage at public expenses resulting from carelessly granted and inadequately supervised seasonal rentals of properties by inept or indifferent landlords. To preserve the peace and tranquility of the Township of Little Egg Harbor for the residents thereof, it is necessary and desirable that the Township of Little Egg Harbor have adequate means to curb and discourage those occasional excesses arising as a result of said irresponsible seasonal rentals. Therefore, it is the specific purpose of this article to enable the Township of Little Egg Harbor to take effective action to assure that such excesses, when they occur, shall not be repeated and that landlords offering seasonal rentals shall be held to sufficient standards of responsibility regarding the same. This article is adopted pursuant to the authority granted in N.J.S.A. 40:48-2.12n.
As used in this article, the following words shall have the following meanings:
- HEARING OFFICER
- A person designated pursuant to § 279-13 of this article to hear and determine proceedings brought pursuant to this article regarding posting and forfeiture of bonds/security.
- A person or persons, partnership, corporation or other entity who owns or purports to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to any buildings subject to the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied two-unit premises.
- SEASONAL RENTAL
- Any rental of residential accommodations for a term of less than one year and including any part of the period extending from May 15 to September 15 of any given year.
Any hearings conducted and decisions rendered regarding posting and forfeiture of bonds/security pursuant to this article shall be so conducted and rendered by a licensed attorney of the State of New Jersey appointed by the governing body of the Township of Little Egg Harbor. Said licensed attorney of the State of New Jersey shall not be an owner or lessee of any real property within the Township of Little Egg Harbor, nor shall said licensed attorney hold any interest in the assets of or be entitled to the profits arising from the ownership or lease of any such property within the Township of Little Egg Harbor. Nothing contained in this section shall prevent said hearing officer from being the Judge within the Township of Little Egg Harbor having jurisdiction over housing and like matters, as long as said Housing Judge does not own or lease any property within the Township of Little Egg Harbor or hold any interest in the assets or profits arising from the ownership or lease of such property.
If, during any twelve-month period, three separate convictions in any court of competent jurisdiction are obtained concerning three separate complaints of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises, with all of said complaints being filed on separate occasions, then the Township of Little Egg Harbor or any officers or officials of said Township so designated may institute proceedings which will require the landlord of the premises in question to post a bond against the consequences of future incidents of the same nature and character.
Upon conviction of three separate complaints as provided for in § 279-14 hereof, the Township of Little Egg Harbor or the officer or official thereof as designated in § 279-13 shall cause to be served upon the landlord of said premises, in person or by registered mail, to the address appearing on the tax records of the municipality for that property, notice advising of the institution of proceeds pursuant to this article, together with the particulars of the substantiated complaints upon which said proceedings are based, and of the time and place at which a hearing will be held in the matter, which said hearing shall be in the municipal courtroom of the Township of Little Egg Harbor or other such public place as designated within the municipality. Said hearing shall not occur sooner than 30 days from the date on which the notice required in this section is served or mailed.
At any hearing concerning a landlord which is convened pursuant to this article, the hearing officer shall give a full hearing so as to allow both the landlord and the municipality to submit any and all evidence, including any evidence in contradiction or mitigation of the charges that the landlord may present. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with this article. Any party appearing at said hearing may be represented by legal counsel.
If the hearing officer determines that a bond is required to be posted, said bond shall be adequate in the case of subsequent offenses to make reparation for:
Damages likely to be caused to public or private property and damages consequent upon disruption of the affected resident's rights of fair use and quiet possession of his premises.
Securing the payment of fines and penalties likely to be levied for such offenses.
Compensating the municipality for the cost of representing and prosecuting such incident of disorderly behavior.
The amount of said bond is to be determined in light of the nature and extent of the offenses indicated in the substantial complaints but in no event shall be an amount less than $500 or more than $5,000. The Township of Little Egg Harbor may enforce the bond requirement by bringing action in the Superior Court and shall be entitled to any injunctive relief which prohibits the landlord from making or renewing any lease of the affected premises for residential purposes until the bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality. The Township of Little Egg Harbor may also prohibit the registration pursuant to the rental registration ordinances of the Township of Little Egg Harbor or the issuance of any necessary permits or approvals, until said bond or equivalent security has been so deposited.
In order for any bond or other security to be in compliance with this article, the same must be deposited with the Township of Little Egg Harbor and shall remain in full force for a period of four years. After expiration of said four-year period, the landlord shall be entitled to discharge of the bond unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been held pursuant to this article, in which case the security or bond shall be renewed in an amount and the term extended as set forth in § 279-18 of this article and for a period that shall be specified by the hearing officer, but in no event for less than four years.
If, during the period of time for which a landlord has been required to give security or post a bond pursuant to this article, a conviction concerning a complaint is recorded against the property in question, the Township of Little Egg Harbor or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security or bond posted and for an extension of the period of time for which said bond is required to be posted and for an increase in the amount of security or bond which is required to be posted or for any or all of those purposes. The amount of any forfeiture or partial forfeiture of the bond or security posted shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purpose as set forth in § 279-17 of this article. Any decision by the hearing officer to increase the amount or extend the period of time of the required bond or security shall be determined in light of the same factors as set forth in § 279-17 of this article, and the amount taken as said forfeiture or partial forfeiture of the bond or security posted shall be taken only to the extent that the nature of the complaint or complaints out of which proceedings arose pursuant to this article indicates the appropriateness of such amount in order to carry out the purposes of this article effectually. Any increase in the amount of bond or security to be posted or extension of time during which said bond or security must be posted shall be enforceable in the same manner as provided in § 279-17 of this article.