[HISTORY: Adopted by the Township Committee of the Township of Weymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1998 by Ord. No. 359-98]
[Amended 6-2-2004 by Ord. No. 416-2004; 12-17-2014 by Ord. No. 536-2014; 10-2-2024 by Ord. No. 611-2024]
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, including 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.
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, marketing and/or communication used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this article, as same may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, or consideration, which are prohibited by this article.
BUILDING
Any building or structure or part thereof used for human habitation, use or occupancy, and including any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
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, whether designed with or without housekeeping facilities, and notwithstanding whether the apartment is designed for residential use or the operation of any industry or business or any other type of independent use.
CONSIDERATION
The receipt or acceptance of any legally recognized form of consideration, including a promise or benefit, a quid pro quo, rent, fees, money, other forms of payment and/or things of value.
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.
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 space.
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.
MANAGER
See "agent."
OCCUPANT
Any person, entity, association, limited-liability company, corporation or partnership who, alone, jointly or severally with others, has actual possession of or possessory rights to a dwelling unit, or any portion thereof, for a period of 30 consecutive days or more.
OWNER
The person who owns, purports to own or exercises control over any building.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, and/or an individual or entity acting on their behalf or in concert therewith.
RENTAL UNIT
Includes the terms "dwelling," "building," "dwelling unit," "habitable room" or "lodging unit" as defined by this article, provided that same are rented or leased for a period of 31 days or more during any calendar year. This definition shall not apply to any single-family home which is not available for rental purposes under the terms of this article or which is actually inhabited by the owner of record as his or her primary residence.
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.
TENANT
The person or persons to whom a rental unit is leased or rented by the owner.
TRASH RECEPTACLES
A metallic dumpster designed for the storage of garbage or trash outdoors, that is leakproof and has a close-fitting cover that closes tightly, consisting of 0.3 cubic yards for each residential unit that the trash receptacle is dedicated to for use.
All rental units shall hereafter be registered with the Zoning Officer or his designee on forms which shall be provided for that purpose and which shall be obtained from the Zoning Officer or his designee. Such registration shall occur on an annual basis as provided herein.
[Amended 12-17-2014 by Ord. No. 536-2014]
Each rental unit shall be registered and inspected annually. The registration term shall commence on the date the rental unit is initially registered, and such registration shall be valid for one year, at which time it shall expire and a new registration shall be required. The initial registration for 1988 shall occur within 30 days after the adoption of this article. Any lease which has been executed prior to the adoption of this article shall not be affected, but the rental unit must nevertheless be registered, inspected and certified as habitable in accordance with this article. No rental unit shall hereafter be rented unless the rental unit has been registered in accordance with this article.
A. 
Each rental unit shall be inspected at least once a year. For the initial year 1998, all rental units must be registered within 30 days of the adoption of this article. Each rental unit shall be scheduled for inspection upon registration. It is specifically the purpose of this article that any registration is subject to revocation in the event that the rental unit fails any inspection.
B. 
Such inspection shall be for the purposes of determining compliance with all applicable zoning, housing, property maintenance, safety or similar codes, including without limitation the Weymouth Township Land Use Ordinance, the BOCA National Property Maintenance Code, the Uniform Construction Code and the Uniform Fire Code.[1]
[1]
Editor's Note: See Chs. 155, Land Use; 188, Property Maintenance; 110, Construction Codes, Uniform; and 128, Fire Prevention.
C. 
The fees to be charged for such inspection shall be in accordance with the Fee Schedule established from time to time by the Township.
D. 
Corrections.
(1) 
In the event that a rental unit fails inspection, such rental unit shall not thereafter be certified as habitable, and the owner or his agent shall not lease or rent such rental unit, nor shall any tenant occupy the rental unit, until the necessary corrections have been made so as to bring the rental unit into compliance with the applicable codes and the rental unit is certified as habitable. When unsatisfactory conditions are discovered, all such corrections shall be made as prescribed by the applicable codes referred to in Subsection B of this section.
(2) 
If the rental unit is already occupied at the time of inspection, the tenant shall be permitted to remain in the rental unit while corrections are made. In the event that the subject codes do not specify a date by which corrections shall be made, then in that event all corrections shall be made within 60 days from the date of notification of a failed inspection, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate offense for which the owner shall be liable for the penalties set forth in § 196-16 of this article.
(3) 
In the event that an inspection discloses the existence of any condition determined by the inspector to be an imminent hazard, the inspector shall have the right to order the immediate vacation of the rental unit(s) as necessary for the protection of human life and property.
Subsequent to January 1998, no person shall hereafter occupy any rental unit nor shall the owner permit occupancy of any rental unit within Weymouth Township if said rental unit has not been registered and received a certificate of habitability in accordance with this article.
Upon the filing of a completed registration form, successful completion of the necessary inspections and payment of the prescribed fees, an owner shall be entitled to the issuance of a certificate of habitability for each approved rental unit. Each certificate of habitability shall identify the rental unit and shall further state the number of occupants allowed in such rental unit. For the purposes of this article, each condominium unit shall be treated as a separate and distinct rental unit.
At the time of filing the rental registration form, the owner shall pay all necessary fees in accordance with the Fee Schedule established from time to time by Weymouth Township.
All rental units shall be registered as provided herein. Every owner, either personally or through his agent, shall file with the Zoning Officer or his designee a registration form for any rental unit located within Weymouth Township. Said registration form shall include the following information:
A. 
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 such individuals indicating where such individuals may be reached both during the day and evening hours.
B. 
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.
C. 
If the address of any record owner is not located in Weymouth Township, the owner shall designate an agent or manager who resides in Atlantic County and who is authorized by the owner to perform any duty imposed upon the owner by this article.
D. 
The name, address and telephone number of an individual representative of the record owner or manager or agent located in Atlantic County 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 service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
E. 
The name and address of every holder of a recorded mortgage on the premises.
F. 
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.
G. 
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 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.
H. 
Such other information as may be prescribed from time to time by Weymouth Township.
The Zoning Officer or his designee shall index and file the rental registration 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 rental 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 rental registration requirements of this article. The Zoning Officer or his designee shall maintain a master index of all such rental registration forms, and any person may obtain from the Zoning Officer or his designee a list of all properly registered rental units upon payment of the appropriate fees as listed on the Weymouth Township Fee Schedule.
Every person required to file a rental registration 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 registration form required by this article. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey pursuant to the Hotel and 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 rental registration form in a conspicuous place within the rental unit(s).
Each owner of a rental 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:
A. 
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.
B. 
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.
C. 
Combined living room and dining room spaces shall comply with the requirements of this article.
D. 
The maximum allowable number of people on any deck shall be one person per nine square feet.
A. 
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 rental 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.
B. 
All police, zoning or code enforcement officials of Weymouth Township are authorized to issue a summons for a violation of this article to any owner or tenant found to be in violation of this article.
A. 
Grounds. In addition to any other penalties prescribed herein, an owner may be subject to a revocation or suspension or a certificate of habitability issued hereunder upon the happening of one or more of the following:
(1) 
Conviction for a violation of this article in the Court of Weymouth Township or any other court of competent jurisdiction.
(2) 
Determination of a violation of this article at a hearing held pursuant to Subsection B herein.
(3) 
Repeated (two or more) violations of any applicable noise control regulation.
(4) 
Allowing the existence of a dangerous condition likely to result in injury to person or property within a rental unit or at a property of which the rental unit is a part.
(5) 
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 person or property.
(6) 
Violations of § 196-17 of this chapter.
[Added 6-2-2004 by Ord. No. 416-2004]
B. 
Procedures; written complaints; notice; hearing.
(1) 
A complaint seeking revocation or suspension of the certificate of habitability may be filed by any official authorized pursuant to any code with which the rental unit is required to comply. Such complaints shall be in writing filed with the Housing Inspector or his designee. The complaint shall contain sufficient information specific to apprise the owner or tenant of the charges so as to permit a proper defense. The individual filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(2) 
Upon the filing of such written complaint, the Housing Inspector shall set a date for hearing, which shall not be sooner than 10 nor more than 30 days thereafter. The Housing Inspector or his designee shall forward a copy of the complaint and a notice as to the date of the hearing to the owner, manager or agent, if any, at the address indicated on the registration form. Notice served upon the manager or agent shall be deemed sufficient for the purposes of this article.
(3) 
The hearing required by this article shall be held before the Housing Inspector unless, in his discretion, the Housing Inspector determines that the matter should be heard by a hearing officer who shall be appointed by the Housing Inspector. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Housing Inspector within 30 days of the conclusion of the hearing. The Housing Inspector 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 Housing Inspector, then the Housing Inspector 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 certificate of habitability or determining that the certificate of habitability shall not be renewed or reissued for one or more subsequent license years.
(4) 
A tape recording of the hearing shall be kept for a period of 45 days after said hearing. A transcript of said hearing will be supplied upon request to Weymouth Township and upon payment of an appropriate fee as determined by length of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and evidential rules and burden of proof shall be that which generally control administrative hearings.
(5) 
The Township Attorney or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
Any person who violates any provision of this article shall, upon conviction in the municipal court of Weymouth Township or such other court having jurisdiction, be liable for a fine not exceeding $1,000 or imprisonment of 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 chapter.
[Added 12-6-2023 by Ord. No. 596-2023]
A. 
Definitions. The following definitions shall apply to this article.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD INSPECTOR
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
B. 
Lead-based paint inspection.
(1) 
The property owner or landlord will directly hire a private lead inspector who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq, as may be amended from time to time.
(2) 
In accordance with N.J.S.A. 52:27D-437.16c, a dwelling unit in a single-family, two-family or multiple-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a) 
Has been certified to be free of lead-based paint;
(b) 
Was constructed during or after 1978;
(c) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner; and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
(d) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
(e) 
Has a valid lead-safe certification issued in accordance with this section.
(3) 
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16d. Upon the remediation of the lead-based paint hazard, the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(4) 
If no lead-paint hazards are identified, the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
(5) 
In accordance with N.J.S.A. 52:27D-437.16e, property owners shall:
(a) 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Folsom at the time of the cyclical inspection.
(b) 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by a lead evaluation contractor pursuant to this section and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
(c) 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by a lead evaluation contractor pursuant to this section.
(6) 
The fees for a lead-based paint inspection shall be as follows:
(a) 
The fee for a visual assessment and dust wipe sampling is as follow if performed by the Borough's lead inspector:
Visual Inspection
- Half-day inspection (three units)
- $437/unit
- Full-day inspection (four to eight units)
- Four units: $470/unit
- Five units: $400/unit
- Six units: $354/unit
- Seven units: $320/unit
- Eight units: $295/unit
There may be times when a municipality is designated by the DCA or other government agencies as high-risk community for lead-based paint hazards in rental dwelling units requiring an elevated test, termed "dust wipe sampling." A dust wipe sampling means a sample collected by wiping a representative surface and tested in accordance with a method approved by HUD. If the dust wipe sampling inspection is required the following fees apply:
Dust Wipe Sampling Inspection - (assumes eight samples plus one blank)
- Half-day inspection (three units)
- $599/unit
- Full-day inspection (four to eight units)
- Four units: $632/unit
- Five units: $562/unit
- Six units: $516/unit
- Seven units: $482/unit
- Eight units: $457/unit
(7) 
The fee for the filing of a lead-safe certification provided to the Borough or lead-free certification shall be $25.
(8) 
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of $20 per dwelling unit inspected by the Borough's lead inspector or the owner's private lead inspector shall be assessed for the purposes of the lead Hazard Control Assistance Act unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
C. 
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19 the penalties for a violation of § 196-18B shall be as follows:
(1) 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
(2) 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
[Added 10-2-2024 by Ord. No. 611-2024]
A. 
It shall be unlawful for an agent, owner, occupant, manager, or tenant of a residential dwelling, single- or multifamily home, apartment, condominium, building, townhome, and the like, or any portion thereof, whether furnished or unfurnished, to receive or obtain consideration for the rental of a residential dwelling, single- or multifamily home, apartment, condominium, building, townhome, and the like, or any portion thereof, for a period of less than 30 consecutive days.
B. 
This article does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, inns, and bed-and-breakfast establishments. This article does not apply to any use of single-family dwellings protected by New Jersey statutes, including, but not limited to, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes.
C. 
Nothing contained in this article is intended to prohibit:
(1) 
The receipt of consideration for the lawful rental of a dwelling unit for a period of 30 consecutive days or more.
(2) 
The occupancy of a dwelling unit for a period of consecutive 30 days or less by a guest(s) of an agent, owner, occupant, manager, or tenant where no consideration, as the term is defined in this article, is exchanged.
D. 
The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this article or any other applicable provisions of the Township Code is prohibited.
E. 
Any violation of this prohibition against short-term rentals shall be subject to punishment in accordance with the terms of § 196-16.