The purpose of this chapter and the policy of the Township of
Potter shall be to protect and promote the public health, safety and
welfare of its citizens and to establish rights and obligations of
lessor/owners and lessee/occupants relating to residential rental
units in the Township. As a means to these ends, this chapter provides
for a reporting procedure of residential rental units, and penalties
for failure to so report. In considering the adoption of this chapter,
the Township makes the following findings:
A. There is a greater likelihood of code violations relative to the
maintenance and upkeep of residential properties which are not owner-occupied
as compared to those that are owner-occupied.
B. The Township is concerned with the occupancy of a property when EMS
responds, and for the general safety of the EMS responders and the
occupants of the property.
C. The Township is unaware of the exact number of lessee-occupied residences
requiring the knowledge of such for the accountability and safety
of the occupants of the property.
The following words, when used herein, shall have the meanings
ascribed to them in this section, except where the context clearly
indicates or requires a different meaning:
LESSEE
Any person or persons who use the real estate of a lessor
as a residential rental unit for any type of consideration therefor,
excluding those who are lessees for a period of less than 30 days.
LESSOR/OWNER
Any person who grants a lease or otherwise permits the use
of real estate as residential rental unit, owned by and titled to
him jointly or severally, or a portion thereof to a lessee for consideration,
monetary or otherwise.
PERSON
Any natural person, partnership, association, firm or corporation.
RESIDENTIAL RENTAL UNIT
i) A rooming unit or ii) a dwelling unit let for rent or
iii) a residential unit occupied by any lessee or persons other than
one occupied solely by the owner and members of the owner's family.
Each individual townhouse dwelling, each individual apartment unit,
each individual unit in a multifamily building, and each rooming unit
shall be considered a separate residential rental unit. If a structure
contains a rooming unit or if any portion of the structure is let
for rent, it shall be considered a residential rental unit whether
or not the owner or a relative of the owner also resides in the structure.
A residential rental unit shall not include a hotel unit, excepting,
to the extent permitted by applicable federal and state law, units
occupied by the same person or persons for 30 or more consecutive
days. A residential rental unit includes dwelling units under lease-purchase
agreements or long-term (greater than six months) agreements of sale.
ROOMING UNIT
A portion of a dwelling unit, including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
The Township hereby adopts the form report entitled "Residential
Rental Annual Report," attached hereto as Exhibit "A," which shall be used to report the information required in §
153-3. This report may also require such other pertinent information that the Township, by resolution, may direct the Township Secretary to incorporate into said report. This report must be filed annually by January 31. This report may be filed electronically via e-mail to the official Township e-mail address.