The provisions of this article shall apply to all single-, two-family and multifamily rental dwellings in the Borough as defined by the Borough's Housing, Zoning and Land Use Ordinances and Regulations (Chapter 165).
No owner shall rent, lease or let a dwelling
unit in the Borough to any person without first obtaining a rental
compliance license.
A.
The applicant for the license shall provide the following
information on the required application form:
(1)
The location of the dwelling unit: block and lot,
zone and street address.
(2)
Name, address and phone number of the property owner.
(3)
Affidavit of any variances granted to the property.
(4)
Name of tenant.
(5)
Number of tenants occupying each in dwelling unit.
(6)
Maximum occupancy of each dwelling unit.
(7)
Total number of dwelling units on the premises.
(8)
Number of off-street parking spaces available.
(9)
A statement from the Housing Office of the Borough
that all facilities required by the ordinances and regulations are
complied with, and a statement that any and all zoning approvals associated
with the use of the property have been obtained.
B.
In the event that the premises exists as a valid preexisting
nonconforming use of structure, said permit must include the affirmative
findings by the Housing Officer that the change does not alter the
extent of any nonconformity, including coverage, parking or intensity
of use.
C.
The Borough may, at its discretion, make or cause
to be made a thorough investigation upon the information which the
Borough may obtain and determine whether or not such license shall
be granted, renewed or suspended.
D.
The Municipal Clerk shall maintain a database containing
all of the information provided by the applicant on the license application
form. The Municipal Clerk shall make available this information upon
request of the local Housing Officer, Zoning Officer, Health Officer,
Construction Department, Police Chief, Fire Chief, President of the
First Aid Squad and the Wharton School Board for the use of their
departments only. All other requests for this information shall be
processed by the Custodian of Records of the Borough of Wharton in
accordance with N.J.S.A. 47:1a-1 et seq.
A.
All licenses shall be issued by the Municipal Clerk.
The Housing Officer shall be empowered to deny approval of a request
for a rental compliance license where there is a question as to whether
the premises or use constitutes a conforming or a valid preexisting
nonconforming use or structure, or there is question as to whether
the change alters the coverage, parking or intensity of use for the
premises, or the dwelling does not meet all housing ordinances and
requirements.
B.
The Borough shall have the power to institute daily
fines and/or property liens if any provision of the requirements are
violated.
A.
No person shall occupy any dwelling unit nor shall
the owner permit occupancy of any dwelling unit unless the unit is
licensed in accordance with this article.
B.
The owner shall post the maximum number of occupants
in a conspicuous area within the dwelling unit. It shall be unlawful
for any person, including the property owner, agent or renter, to
allow a greater number of persons than the posted maximum to reside
in the rental unit.
C.
Only the maximum total number of occupants, as permitted
by this chapter, may occupy the premises. It shall be unlawful for
any other person to occupy any dwelling unit. This provision may be
enforced against the owner, tenant or the other person occupying the
premises.
D.
Changes in tenancy must be reported to the Municipal
Clerk immediately, provided that, if the name of the renter has not
changed and the maximum number of occupants has not been exceeded,
this update will not require the issuance of a new license.
A.
Every owner who currently rents or leases a single-,
two-family or multifamily unit must apply for a rental compliance
license on or before January 1, 2006. Changes in tenancy thereafter
must be reported to the Municipal Clerk immediately and are subject
to the issuance of a certificate of habitation.
B.
A sample application for a rental compliance license
is provided below:
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Sample Permit Application
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Borough of Wharton — Rental Compliance
License
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1.
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Rental dwelling unit location
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Block:
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Lot:
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Zone:
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2.
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Property owner(s):
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Name:
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Address:
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Phone No.
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3.
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Affidavit of variance(s):
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Identify any previously granted variance(s)
for this property. Provide date variance granted and nature of variance
granted:
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4.
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Name(s) of renter(s)
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Address of renter(s)
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Telephone No. of renter(s)
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5.
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Number of residents living in dwelling unit:
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6.
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Maximum occupancy:
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(Bedroom with 1 person — minimum 70 square
feet)
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(Bedroom with 2 or more persons — minimum
50 square feet per person)
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7.
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Total number of rental units on property:
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8.
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Number of off-street parking spaces available
per unit:
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For Official Use
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Housing Officer approval:
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Date application received:
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Permit application approved: Yes _____ No_____
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Comments/Reasons for Refusal:
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I, ______________________, Property Owner(s)/Agent
of the premises identified herein, do hereby attest that the information
provided on this application is true and that any change in the number/type
of residential units or number of tenants will be reported to the
Borough of Wharton immediately to facilitate up-to-date Borough records.
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Signature:
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Owner(s)/Agent
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Date:
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Sworn to and subscribed
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Before me this
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Day of _________________ 20___.
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Notary Public
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