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.
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.
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.