Dwelling units, hotel units, housekeeping units, rooming units, and dormitory units shall be arranged to provide privacy and shall be separate from other adjoining spaces.
A. 
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
B. 
Minimum ceiling heights: Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms, and habitable basement areas shall have a clear ceiling height of not less than seven feet; with the following exceptions:
(1) 
In one- and two-family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height.
(2) 
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study, or recreation purposes, that have a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts, and similar obstructions.
(3) 
Rooms occupied exclusively for sleeping, study, or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.
In all dwelling units there shall be a minimum usable floor area for the initial occupant of 150 square feet and 100 square feet of additional space for each additional occupant, provided, however, that children under the age of two shall not be considered additional occupants.
A. 
Kitchens, bathrooms, toilet rooms, and other uninhabitable spaces shall not be included in calculating minimum usable floor area for occupant load.
B. 
If there are more than eight occupants in any dwelling unit, there shall be a second bathroom in the dwelling unit.
C. 
For every two adults occupying a dwelling unit, there shall be one off-street parking space.
A. 
In every dwelling unit, every room occupied or intended to be occupied for sleeping purposes by one occupant shall have a minimum usable floor area of 70 square feet and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall have a usable floor area of at least 50 square feet for each such occupant, provided, however, that children under the age of two shall not be considered to be additional occupants.
B. 
The maximum number of occupants in any bedroom shall be four.
C. 
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces, unless the unit contains only one bedroom.
D. 
Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
E. 
Bedrooms shall comply with all other applicable provisions of this chapter.
F. 
All bedrooms shall have a secondary means of egress as required by the Uniform Construction Code (N.J.A.C. 5:23) and the Uniform Fire Code (N.J.A.C. 5:70).
Kitchens, bathrooms, toilet rooms, and other uninhabitable spaces shall not be used for sleeping purposes.
Nothing in this article shall prohibit an efficiency living unit from meeting the following requirements:
A. 
The maximum number of occupants shall be three.
B. 
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These required areas shall be exclusive of the areas required by Subsections C and D.
C. 
The unit shall be provided with a kitchen sink, cooking appliance, and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this chapter shall be provided.
D. 
The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
In accordance with the following provisions, summonses shall be issued to the owner-landlord and/or the tenants of a residential rental unit in a building containing four or fewer residential rental units for violations of this article that constitute illegal occupancy resulting in overcrowding:
A. 
Upon the discovery of an illegal occupancy resulting in overcrowding, a notice of violation shall be issued in accordance with § 183-12B. In the event the violation is not abated within the period of time provided in the notice, a summons against the owner-landlord or the tenants, or both shall be issued.
(1) 
If an owner-landlord has issued a notice to cease to eliminate overcrowding or unauthorized occupancy of a residential unit that is the subject of a notice of violation, and the owner-landlord files a copy of the notice to cease and an affidavit of good faith with the Township, no summons shall be issued against an owner-landlord for six months from the date of service of the notice to cease. At the end of that six-month period, if the overcrowding or unauthorized occupancy of the residential unit has not been eliminated, and no eviction proceeding is pending, then a summons may be issued against the owner-landlord.
B. 
Upon a determination of illegal occupancy resulting in overcrowding, in addition to any other fine provided by law, fines shall be imposed as follows: up to $2,500 per day for a first violation, up to $5,000 per day for a second violation, and up to $10,000 per day for each subsequent violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(1) 
"Second violation" or "subsequent violation" for illegal occupancy resulting in overcrowding shall be limited to those violations that are issued within five years of a prior violation, are new and are a result of distinct and separate code enforcement activities, and shall not include any continuing violations for which citations are issued by the Code Enforcement Inspector during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
C. 
A fine shall not be imposed upon an owner-landlord or a tenant unless the parties have been afforded an opportunity for a hearing before a court of competent jurisdiction, allowing for independent determinations of the existence of overcrowding and the responsibility for the overcrowding.
(1) 
In order for it to be determined that a tenant is responsible for the overcrowding, it must be established that:
(a) 
The tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified;
(b) 
The number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease; and
(c) 
Any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
(2) 
The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the fines provided by this section.
D. 
Fines authorized pursuant to Subsection B of this section may be imposed upon the owner-landlord, or the tenants, or both, dependent upon whether the conduct of the owner-landlord, or the tenants, or both, was the primary cause for the illegal occupancy resulting in overcrowding, provided the provisions of Subsection C of this section have been met. In order for the conduct of the tenants to be deemed the primary cause for the illegal occupancy, it must be established that:
(1) 
The tenant signed a lease or was provided a written copy of the rental policy in which the number of allowed occupants was specified;
(2) 
The number of allowed occupants was within the standards established by the applicable code requirements, or rental policy if a number was specified in the lease; and
(3) 
Any additional occupants in excess of the number of occupants specified became residents of the rental unit without the expressed consent of the owner-landlord.
E. 
Owner-occupied property shall be exempt from the fines authorized pursuant to Subsection B of this section, except where the owner-landlord of the owner-occupied dwelling is renting rooms or apartments in violation of local ordinances or state law.
F. 
The service of a notice to cease to eliminate overcrowding or unauthorized occupancy no more than six months prior to the service of a summons or notice of violation under this section, whether or not the owner-landlord prevails, shall serve as a defense by the owner-landlord to any summons, notice, violation, action, or proceeding under this section against the owner-landlord before any court or administrative agency.
G. 
This section shall not apply to a seasonal rental unit.
H. 
As used in this section, the following terms shall have the meanings indicated:
APPLICABLE CODE REQUIREMENTS
Standards governing the occupancy of space adopted by the Department of Community Affairs pursuant to the State Housing Code, P.L.1966, c.168 (N.J.S.A. 2A:42-74 et seq.), or the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (N.J.S.A. 55:13A-1 et seq.).
OWNER-LANDLORD
Shall not include a mortgagee in possession through foreclosure.