[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 7-11-2000 by Ord. No. 12-00. Amendments noted where applicable.]
Uniform construction codes — See Ch. 64.
Fire prevention — See Ch. 75.
Housing standards — See Ch. 83.
Peace and good order — See Ch. 96.
Property maintenance — See Ch. 101.
Rent control — See Ch. 105.
Editor's Note: This ordinance also repealed former Ch. 104, Rental Properties, Art. I, Tenant Registration, adopted 3-14-1989 by Ord. No. 1-89.
[Amended 12-29-2003 by Ord. No. 13-03; 3-9-2004 by Ord. No. 1-04; 11-9-2004 by Ord. No. 17-04; 7-10-2012 by Ord. No. 10-12; 12-1-2014 by Ord. No. 23-14; 4-14-2015 by Ord. No. 4-15; 11-10-2015 by Ord. No. 13-15; 6-14-2016 by Ord. No. 7-16; 10-11-2016 by Ord. No. 20-16]
Unless the context clearly indicates a different meaning, the following words or phrases, when used in this chapter, shall have the following meanings:
- The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner of 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.
- The rental certificate of inspection issued by the Borough attesting that the rental unit has been properly inspected in accordance with this chapter.
- CERTIFICATE HOLDER
- The person to whom the certificate is issued pursuant to this chapter. The term "certificate holder" includes within its definition the term "agent," where applicable.
- 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 servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof.
- 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.
- An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
- Any domesticated animal required to be licensed pursuant to the Laws of the State of New Jersey and/or Chapter 55 of the Code of the Borough of Oaklyn.
- RENTAL FACILITY
- Every building, group of buildings or a portion thereof consisting of one or more dwelling units, 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.
- RENTAL UNIT
- A dwelling unit, not occupied by the property's owner, which is available for lease or rental purposes. "Rental unit" shall not include that portion of a rental facility occupied by the owner.
All rental units within a rental facility hereinabove defined shall be inspected by the Borough of Oaklyn for 12 consecutive months, or with each change in occupancy, whichever shall occur first.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, every owner shall apply to the Borough Clerk of the Borough of Oaklyn, or such other person as designated by the Mayor and Borough Council, for an inspection of each rental unit contained within a building or structure. The application for inspection shall include the following information:
The name and domicile 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 name and domicile addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual may be reached both during the day and evening hours. The designation of a P.O. box or similar alternative address does not satisfy the requirements of this section.
If the domicile address of any record owner is not located in Oaklyn or in Camden County, the name and domicile address of a person who resides in Camden 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.
The name and domicile address of the agent of the premises, if any.
The name and domicile 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.
The name, domicile address and telephone number of an individual representative of the owner or agent or the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the rental facility 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 rental facility and any repair thereto or expenditure in connection therewith.
The name of any pet residing in the rental unit, the breed of said pet, and the license number assigned to this pet pursuant to its licensure by the State of New Jersey and/or the Borough of Oaklyn.
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, 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 have square footage measurements for each room and common area, and shall become part of the application and which shall be attached to the application for inspection when filed by the Borough Clerk or designee. This information shall be made available to the emergency services providers within the Borough of Oaklyn.
Such other information as may be prescribed by the Borough of Oaklyn.
The information provided to the Borough pursuant to the application for inspection shall be retained in the normal course of business by the Borough.
The Borough Clerk or designee shall index and file the application for 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 application for inspection will simultaneously satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being inspected, and will also satisfy the inspection requirements of this chapter. The owners shall post the rental certificate of inspection issued by the Borough in a conspicuous place within its property.
Every person required to file an application for inspection pursuant to this chapter shall file an amended application for inspection 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.
Each rental unit within the rental facility shall be inspected at least once every twelve-month period.
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Oaklyn, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Oaklyn shall not be used as a valid substitute.
Such inspection shall be for the purpose of determining zoning ordinance compliance and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, BOCA Maintenance Code, Housing Code and/or Uniform Fire Safety Act.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, a rental certificate of inspection shall not be issued for such property, 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 a rental certificate of inspection is issued. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and, if 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 and distinct violation, subject to the penalty provisions of § 104-17 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 chapter for good cause shown.
The inspection officers 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 purposes of making such inspections, the inspecting officers 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/or rental unit shall give the inspecting officer free access to the rental facility and/or rental unit at all reasonable times to promote the purposes of this chapter.
Every occupant shall give the owner of the rental facility or rental unit access to any part of such rental facility or 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.
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this chapter, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Oaklyn, which has not been issued a rental certificate of inspection in accordance with this chapter.
Upon the filing of a completed application for inspection, payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a rental certificate of inspection commencing on the date of issuance, valid for a period of 12 consecutive months. As hereinbefore stated, should a change of occupancy occur within the inspection period, the rental certificate of inspection shall be void and, upon the filing of a completed application for inspection, payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a new rental certificate of inspection commencing on the date of issuance, valid for a period of 12 consecutive months.
An application for inspection shall be required for each rental unit, and a rental certificate of inspection shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property.
At the time of the filing of the application for inspection, and, prior to the issuance of a rental certificate of inspection, the owner or agent of the owner must pay a fee in accordance with the following:
An application fee of $55 per rental unit in rental facilities per inspection period or upon a change in occupancy.
A fee of $25 per rental unit shall be charged pursuant to property inspections required under this chapter. Fees for the reinspection of rental units shall be charged pursuant to property inspections performed under this chapter as follows:
If any fee is not paid within 30 days of its due date, a late fee surcharge of $20 shall be assessed in addition any fees outstanding.
If the owner of the property is a senior citizen who resides in a unit of the rental facility and rents out the remaining unit(s), and would otherwise qualify under the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the application for inspection required by this chapter. This 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 per N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the application for inspection in a conspicuous place within the rental unit(s).
The maximum number of occupants, as determined by the Hotel and Multiple Dwelling Occupancy Code of the State of New Jersey, N.J.A.C. 5:13A-1 et seq., shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent and/or tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 104-17 of this chapter.
Only those occupants whose names are on file with the Borough of Oaklyn, as required in this chapter, may reside in the subject premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent and/or tenant allowing any other party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 104-17 of this chapter.
No rental certificate of inspection shall be issued 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.
[Amended 9-10-2019 by Ord. No. 12-19]
All dwelling units shall be maintained in accordance with the Uniform Construction Code and the BOCA National Property Maintenance Code.
All residential sleeping areas within the Borough shall have at least one fully operable smoke detector located within each sleeping area. All such residential sleeping areas enclosed by a door or otherwise shall, in addition, have at least one fully operable smoke detector located outside each sleeping area within 10 feet of such sleeping area. Installation of the smoke detectors shall be in accordance with the manufacturer recommendations and the National Fire Safety Code, Borough ordinances or any other applicable statute or ordinance. Additionally, a carbon monoxide detector(s) shall be installed, meeting the requirements of UL Standard 2034; provided, however, that no carbon monoxide alarm shall be required in any building that does not contain any fuel-burning appliances and does not have an attached garage.
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this chapter, may reside in the premises subject to the rental certificate of inspection. It shall be unlawful for any other person to reside in said premises, and this provision may be enforced against the landlord, tenant or other person residing in said premises.
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 owner or of the public in general, such that it shall constitute a nuisance, as defined in the ordinance of the Borough of Oaklyn.
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 Oaklyn, and with all applicable state and federal laws.
Grounds. In addition to any other penalty prescribed herein, a certificate holder may be subject to the revocation or suspension of the rental certificate of inspection issued hereunder upon the happening of one or more of the following:
Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
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 the person or property.
Procedure; written complaint; notice; hearing.
A complaint seeking the revocation or suspension of a rental certificate of inspection may be filed by any one or more of the following: Director of the Office of Code Enforcement, Chief of Police, Construction Code Official, Code Enforcement Officer, Fire Inspector or any other persons or officers authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the certificate holder of the charges, so as to permit the certificate holder to present a defense. The individual(s) may file a complaint on the basis of information and belief, and need not rely on personal information.
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Mayor and Borough Council, and a date for a hearing shall be scheduled, which shall not be sooner than 15 nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the certificate holder and/or the agent, if any, at the address indicated on the application for inspection. Service upon the agent shall be sufficient.
The hearing required by this section shall be held before the Mayor and Borough Council, unless, in its discretion, the Mayor and Borough Council determine that the matter should be heard by a Hearing Officer, who shall be appointed by the Mayor and 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 Mayor and Borough Council within 30 days of the conclusion of the hearing. The Mayor and 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 Mayor and Borough Council, then the Mayor and 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 rental certificate of inspection, or determining that the rental certificate of inspection shall not be renewed or reissued for one or more subsequent years.
A stenographic transcript shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action brought pursuant to this chapter by demonstrating that the certificate holder has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in the § 1-14 of the Code of the Borough of Oaklyn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
[Added 7-10-2012 by Ord. No. 10-12]
The owners of any dwelling units or commercial units, other than those exempted below, shall be subject to the provisions of this article.
The following are exempt from the provisions of § 104-20A of this article:
Units in owner-occupied buildings where there are four units or less and one of these units is owner-occupied.
Units in newly constructed buildings which are being rented for the first time. After the first rental, such units will be subject to the provisions of this article.
Units in a building whose owner has transmitted his first sixty-day notice of his intentions to convert the building into a condominium or cooperative and his full plan of conversion to the Borough Clerk pursuant to N.J.S.A. 2A:18-61.8.
The following are exempt from the provisions of § 104-20B of this article:
Any unoccupied property that is under agreement of sale. This exemption shall be limited to the first three months after a property becomes unoccupied. Thereafter all provisions of this article are applicable, and all time requirements are considered to be extended by said three-month period.
Any unoccupied property that is listed for sale by a realtor or by the owner. This exemption shall be limited to the first three months after a property becomes unoccupied. Thereafter all provisions of this article are applicable, and all time requirements are considered to be extended by said three-month period.
All such units that have been rental units shall be rented and occupied by a new tenant within two months after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant or tenants, except where this requirement has been waived by the Planning Board under the provisions of § 104-23 below, in which event the unit shall be rented and occupied within the time period specified in the waiver.
All such units that have not been rented, but become vacant for any reason, shall be occupied within two months after the property becomes vacant, except where this requirement has been waived by the Planning Board under the provisions of § 104-23 below, in which event the unit shall be occupied within the time period specified in the waiver.
The owner of any rental unit which is still vacant 30 days after the end of the preceding tenancy shall notify the Zoning Officer within five days, in writing, of said continuing vacancy.
"Vacancy," as it applies to a dwelling unit, is defined as:
Being unoccupied by any person or persons for more than 20 days out of a month; or
Receiving no electricity, gas or fuel heat; or
Appearing to manifest no evidence of occupancy by a person or persons, such as by lack of furniture, lack of food or clothing, lack of mail delivery or by being boarded up.
"Vacancy," as it applies to a commercial unit, is defined as:
Said notification shall include the following:
The address of the unit and its location within the building;
The rent charged the preceding tenant and rent to be charged the proximate incoming tenant;
The name, address and telephone number of the owner;
The name, address and telephone number of the owner's agent and/or resident manager, if any.
No notification shall be required with respect to any unit rented and occupied within 30 days or less from the end of the preceding tenancy.
The owner or other representative of any unit that has not been previously rented and which is vacant for more than 30 days shall notify the Zoning Officer within five days, in writing, of such vacancy. Such notification shall include the name, address and telephone number of the owner and any other relevant information, such as identification of an attorney, estate or relatives with knowledge of the status of ownership.
Within 30 days after submission of the report required under § 104-21 above, the landlord (in those cases involving rental units) shall notify the Zoning Officer that the unit has been rented and occupied, with the name or names of the new tenant or tenants and the terms of the tenancy. Failure to have the unit rented and occupied within 60 days after the end of the preceding tenancy, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article and shall be subject to the penalties set forth in § 1-14 of the Code.
Within 30 days after submission of the report required under § 104-21 above, the owner (in those cases involving rental units) shall notify the Zoning Officer that the unit has been occupied, with the name or names of the new occupant or occupants. Failure to have the unit occupied within 60 days from the time that the unit became vacant, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article and shall be subject to the penalties set forth in § 1-14 of the Code.
A landlord may seek a waiver of the requirement to rent the unit within 60 days of the end of the preceding tenancy where the condition of the unit or other special circumstances make rental within such time period impossible. In order to obtain a waiver, the landlord must submit a request, in writing, to the Planning Board within 30 days or less from the end of the preceding tenancy, setting forth with specificity:
Full documentation, such as code violation reports, engineering or inspection reports, etc., shall be provided by the landlord.
Any waiver granted by the Board under this section shall specify a date by which the unit shall be rented and occupied. The Board may extend that date, upon written request of the landlord, but may not provide more than two such extensions of not more than 60 days each.
In no circumstance shall any waiver, including extensions, exceed six months from the time of the granting of such waiver.
The following circumstances shall constitute grounds for the granting of a waiver by the Planning Board:
An owner wishes to maintain a vacant unit in order to reserve said unit for a family member. The owner shall provide in the waiver request full documentation, such as the name of the future tenant and the date of occupancy.
An owner wishes to maintain a vacant unit in order to improve the conditions of said unit. The owner shall provide full documentation in the waiver request, such as up-to-date building and housing inspection reports, improvement plans, all related permits and the date by which the unit shall be rented and occupied.
An owner maintains a vacant unit in order to correct code violations in said unit. The owner shall provide in the waiver request full documentation, such as code violation reports, correction plans, permits and the date by which the unit shall be rented and occupied.
In the case of properties that have not been previously rented, an owner may seek a waiver of the requirement to have the unit occupied within 60 days from the time that it became vacant where the condition of the unit or other special circumstances make occupancy within such time period impossible. In order to obtain a waiver, the owner must submit a request, in writing, to the Planning Board within 30 days or less from the time that the unit became vacant, setting forth with specificity:
Any individual affected by the action or inaction of an owner of a dwelling unit or commercial unit subject to the provisions of this article, and any civic organization and any appropriate municipal agency, may file a complaint of violation of this article with the Oaklyn Municipal Court.
Any landlord of any unit which has been vacant 30 days or more from the end of the preceding tenancy, as of the effective date of this article, shall be required to file the notification required under § 104-21 of this article within 15 days of the effective date of this article.