[Adopted 2-1-1972 by Ord. No. 1923 (§§ 13-110 to 13-113 of the 1978 Revised General Ordinances)]
A. 
There is an acute shortage of rental housing in the City; and
B. 
A substantial number of the residents and citizens of the City presently reside in rental housing; and
C. 
The Council of the City finds that there has been heretofore an unauthorized practice of marketing rental units whereby certain agents, particularly superintendents and rental agents of the owners of structures within the City containing rental agents or the owners of structures within the City containing rental units have required prospective tenants and applicants for rental units to pay, in addition to real estate commissions properly due and owing and in addition to advance rents and security deposits required by the terms of the applicable leases and as permitted by law, sums of money for the privilege of renting units or for priority over other applicants; and
D. 
The Council of the City finds that the payment of such sums perpetuates proscribed discrimination against classes of persons afforded equal opportunity in the leasing of rental units by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.; and
E. 
The Council of the City further finds that such payments further reduce, contrary to the public interest of the citizens and residents of the State of New Jersey, the availability of rental units to persons of moderate income.
As used in this article, the following terms shall have the meanings indicated:
ADVANCE RENT
A sum of money paid by a prospective tenant to the landlord pursuant to the terms of the lease for which the prospective tenant is credited as a rental payment pursuant to said lease.
REAL ESTATE COMMISSION
A sum of money agreed to be paid by a prospective tenant to a real estate broker or salesman, duly licensed by the State of New Jersey, for his services in locating a rental unit for the prospective tenant.
RENTAL OFFICE
Includes that portion of the apartment resided in by the superintendent of a structure containing rental units, if said superintendent participates in the rental process either by accepting inquiries, accepting prospective tenants' applications, or otherwise.
RENTAL UNIT
All or any portion of a structure which is leased or subleased for residential occupancy by any tenant, whether for a term or period and whether pursuant to a written or oral lease or sublease, and shall include rooming houses. The term shall not mean or include any rental or leased space in any hotel, motel, or established guesthouse.
SECURITY DEPOSIT
A sum of money, within the limitations permitted by law, to be disposed of by the landlord as required by law during and upon the expiration of the tenancy.
No person shall require of any prospective tenant or applicant for a rental unit, in consideration of making the unit available to him, any sum of money or any other valuable consideration not expressly provided for in the written lease or which does not constitute either a real estate commission, advance rental payment, or a security deposit.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.