[HISTORY: Adopted by the Borough Council of the Borough of
Stone River 10-6-2009 by Ord. No. 1348. Amendments noted where
applicable.]
The Borough of Stone Harbor has determined that it is in the
interest of the health, safety and welfare of the citizens of the
Borough and visitors to the Borough to provide for the registration
of residential rental units within the Borough. The registration of
such units will allow the Borough to carry out the required inspection
of such units for the protection of persons and property. Furthermore,
the registration of such units will assist in the consistent enforcement
of Borough ordinances related to firesafety, zoning and construction
code matters. There will also be an enhanced ability for public safety
and first responders to efficiently and appropriately respond to emergencies
at such residential rental units. The registration of such units is
authorized by law and provides an additional mechanism for the Borough
to minimize disturbances, damage and public expense from occasionally
unruly tenants at such rental properties.
As used in this chapter, the following terms shall have the
meanings indicated:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not include a licensed
real estate broker or salesperson of the State of New Jersey as those
terms are defined by N.J.S.A. 45:15-3, unless such broker or salesperson
shall affirmatively consent to act as such agent or managing agent.
Refers to any apartment, cottage, bungalow or other dwelling
unit consisting of one or more rooms occupying all or part of a floor
or floors in a building of one or more floors or stories, but not
necessarily the entire building, whether designed with or without
housekeeping facilities and used for dwelling purposes and notwithstanding
whether the apartment or dwelling be designed for residence, for office,
or the operation of any industry or business, or for any other type
of independent use, if such apartment or dwelling is being used for
residential habitation.
Any building or structure, or part thereof, used for residential
habitation, use or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied, for sleeping or dwelling purposes by one
or more persons, including but not limited to the owner thereof, or
any of his servants, agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities, and improvements
connected with use or occupancy thereof. This definition applies only
to those dwelling units, including single-family residences, which
are available for lease or rental purposes.
See definition of "owner."
The license issued by the Borough attesting that the rental
unit has been properly registered and inspected at required intervals
in accordance with this chapter.
The municipal official or employee designated by the Borough
to receive rental license applications and registrations and to issue
licenses pursuant to this chapter. Information on how to contact the
Licensing Clerk shall be available in the Borough Clerk's office.
This chapter shall be effective upon adoption in accordance
with law; however, the first rental registration term shall be January
through December 2010, and the annual license terms thereafter shall
be January through December of the calendar year.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" or "managing agent" where applicable.
See definition of "agent."
The person who owns, purports to own or exercises control
over any building.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The person who negotiates for the lease of the rental unit
on behalf of the owner where such lease is not negotiated directly
between the owner and a tenant. Such person shall be the holder of
the required license mandated by the State of New Jersey for real
estate agents. The rental agent is not the managing agent under the
terms of this chapter unless the rental agent should expressly consent
to assume such duties or obligations.
A building or structure which contains one or more rental
units.
Used collectively to include the term apartment or dwelling,
building, dwelling unit, as defined by this chapter. This definition
shall not apply to any single-family home which is not available for
rental purposes.
Any person entering into a lease with a term of 125 days
or more per year.
[Amended 10-20-2009 by Ord. No. 1349]
Any person who occupies any rental unit pursuant to the terms
of a lease agreement, whether written or oral, or who occupies a rental
unit pursuant to permission or license of any kind granted by an owner
or owner's agent. The term shall be construed liberally to include
not only tenants but guests and occupants. The term shall also include
subtenants.
This chapter shall be known as the "Rental License Ordinance"
of the Borough.
[Amended 5-16-2023 by Ord. No. 1636]
A.
All rental properties and rental units contained therein and located within the Borough shall be required to be registered, inspected in accordance with Chapter 294 and licensed annually by the Borough. No rental property or rental unit shall be hereafter occupied unless such property complies with the provisions of this chapter.
B.
Pursuant
to P.L. 2022, c. 92 (S1368), the owner of a multifamily rental property
which is four or fewer units, one of which is owner-occupied, shall
maintain liability insurance for negligent acts and omissions in an
amount of no less than $300,000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence.
The owner of any other rental unit or units shall maintain liability
insurance for negligent acts and omissions in an amount of no less
than $500,000 for combined property damage and bodily injury to or
death of one or more persons in any one accident or occurrence. A
single property with multiple units may register with one certificate
of insurance satisfying the applicable minimum limit set forth herein.
C.
All rental
unit owners shall annually register the applicable certificate of
insurance in connection with their rental license application. Pursuant
to P.L. 2022, c. 92 (S1368), the failure to comply with this registration
requirement carries a maximum penalty of $5,000 against an owner who
fails to comply with the provisions.
A.
No person shall hereafter occupy any rental unit, nor shall the owner,
managing agent or rental agent permit occupancy of any rental unit
within the Borough unless the same has been registered, inspected
and licensed in accordance with this chapter.
B.
Any landlord who leases a rental unit while such unit is unlicensed,
and who represents to any tenant and/or real estate agent, real estate
broker, real estate office, attorney or other agent that such unit
is properly licensed, shall be deemed in violation of this chapter
and subject to the fines and penalties herein. Each day that a tenant
shall remain in occupancy of such unlicensed premises shall be considered
a separate and distinct violation of this chapter.
C.
Any tenant who knowingly leases and/or occupies an unlicensed unit
shall be deemed in violation of this chapter and subject to the fines
and penalties included herein. Each day such tenant shall remain in
occupancy of such unlicensed premises shall be considered a separate
and distinct violation of this chapter.
D.
Any real estate agent, real estate broker, real estate office, attorney
or other party who knowingly acts as a representative of the landlord,
tenant or both in order to effectuate the leasing and/or occupancy
of an unlicensed premises shall be deemed in violation of this chapter
and subject to the fines and penalties herein provided. The Borough
will, on request and without charge, provide to each real estate office
a list of all units which have been licensed.
All rental units shall hereafter be registered with the Licensing
Clerk of the Borough on forms which shall be provided for that purpose
by the Borough. Such registration shall be required on an annual basis
as provided herein. A registration form shall be required for each
rental unit, and a rental license shall be required for each individual
rental unit.
The owner of a rental unit shall submit a registration form
and a license application together with the required fee to the Licensing
Clerk. On an initial registration, the rental unit shall be inspected
prior to the issuance of a rental license, and such license shall
be issued only in the event that the unit passes such inspection.
On a renewal, a license shall be issued conditionally and subject
to the rental unit being inspected and the unit passing such inspection.
The date of inspection will be scheduled by the Licensing Clerk. To
the extent that it is possible to do so, the date will coincide with
the date of the inspection in the prior year. No inspection will be
conducted, however, until a completed registration form has been filed
by the owner and all fees paid.
In order to qualify for a rental license, the following requirements
shall be met:
Each rental unit shall, prior to the issuance of any license, be inspected and pass inspection in accordance with the provisions of Chapter 294.
[1]
Editor’s Note: Former § 205A-10, Display of
license decal, was repealed 8-3-2010 by Ord. No. 1362.
Each licensee granted a license pursuant to this chapter shall
be permitted to lease or rent the rental unit to a number of tenants
and occupants, which number shall not exceed the number which has
been computed in accordance with the following:
A.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof, except that any
such room in any building or structure which is in existence and for
which a certificate of occupancy has been issued as of the date final
adoption of this chapter shall be deemed to accommodate two people
notwithstanding the fact that such room does not have a minimum of
100 square feet as required by this section.
B.
Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements of the table hereinafter
set forth.
C.
Combined living room and dining room spaces shall comply with the
requirements of the table hereinafter set forth if the total area
is equal to that required for separate rooms and if the space is so
located that it functions as a combination living room/dining room.
|
Minimum Occupancy Area Requirements
| ||||
|---|---|---|---|---|
|
[minimum occupancy area in square feet (square meters)]
| ||||
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 Or More Occupants
| |
|
Living room
|
No requirements
|
120 (11.16)
|
150 (13.95)
| |
|
Dining room
|
No requirements
|
80 (7.44)
|
100 (9.30)
| |
|
Kitchen
|
50 (4.65)
|
50 (4.65)
|
60 (5.58)
| |
The maximum number of occupants shall be posted in each rental
unit. It shall be unlawful for any person, including a tenant guest,
occupant or invitee, to allow a greater number of persons than the
posted maximum number of occupants to sleep in or occupy overnight
the rental unit. Any person violating this provision shall be subject
to the penalty provisions hereof.
A.
Term. The license term shall be from shall be January 1 to December
31 of the calendar year.
B.
Transferability. In the event that a property containing one or more licensed rental units is sold, assigned or transferred during the license year, the rental license shall be transferable to the new owner. However, if such property is the subject of any enforcement action for violation of this chapter or Chapter 294, the seller shall be relieved of any obligation ultimately imposed by any enforcement proceeding.
A.
Inspection fees. The fees to be charged for inspections shall be
established by annual resolution of the Borough of Stone Harbor.
[Amended 10-20-2009 by Ord. No. 1349]
B.
Registration and license fees. At the time of filing the registration
form, the owner shall pay a fee in accordance with the fees established
by annual resolution of the Borough of Stone Harbor.
[Amended 10-20-2009 by Ord. No. 1349]
C.
Time for payment of fees; late registration; refunds prohibited.
All inspection and registration fees shall be paid by December 31.
If not paid by that date, an additional fee of $50, representing a
late registration fee, shall be paid at the time of registration in
addition to all other fees required at that time. The Borough shall
not refund any inspection, registration or late fee paid pursuant
to this chapter unless approved by resolution of the Borough Council
upon good cause shown.
Every owner of rental property shall comply with the state landlord
registration requirements of N.J.S.A. 46:8-28 as amended and supplemented.
Compliance with this chapter shall not satisfy the registration and
filing requirements imposed by state law but shall be in addition
thereto.
[Amended 10-20-2009 by Ord. No. 1349]
A.
Duty to maintain lease documents. Every tenant shall maintain a copy
of the executed lease on the premises. The lease shall be available
for inspection by the officers of the Police Department and by a representative
of the Licensing Clerk at all times and shall be produced upon the
written request of the Municipal Prosecutor without subpoena.
[Amended 10-20-2009 by Ord. No. 1349]
A.
All owners of licensed rental units and managing agents thereof will
be provided with an owner/tenant/agent disclosure form, produced and
made available by the Borough, at the time of submission of the registration
form. Such disclosure form shall indicate the obligations of the owner,
managing agent, tenant and rental agency under this chapter.
B.
The disclosure form referred to herein shall be provided to each
tenant appearing on any lease by the landlord if a direct rental between
landlord and tenant, or by the real estate agent, real estate broker,
real estate office, attorney or other agent if the services of an
agent are employed.
C.
The disclosure form shall be photocopied or digitally recorded and
attached to any finalized lease and maintained by the landlord, or
by the real estate agent, real estate broker, real estate office,
attorney or other agent if the services of an agent are employed,
for a period of three years, after which the same may be destroyed.
A.
Occupancy by nonregistered guests. It shall be unlawful and in violation
of this chapter for any seasonal tenant to allow or permit any other
individual, for whom sleeping accommodations are not available on
the premises and who have not been registered as tenants, to enter
in or upon the apartment or dwelling leased by the seasonal tenant
between during the hours of 11:00 p.m. and 7:00 a.m., prevailing time.
The seasonal tenant may, however, grant specific permission to such
nonregistered individuals to enter in or upon such apartment or dwelling.
However, in so doing, the seasonal tenant shall become personally
responsible for the activities of such nonregistered individuals,
and in the event of a breach of the peace or other violation of the
ordinances the Borough or the laws or regulations of the State of
New Jersey by such individuals, the seasonal tenant shall be deemed
to have violated this chapter.
B.
Unlawful activities. It shall be unlawful and in violation of this
chapter for a licensee or tenant of an apartment or dwelling:
(1)
To permit or allow people to reside in the apartment or dwelling
in a number in excess of the number of people for which sleeping accommodations
are provided.
(2)
To lease an apartment or dwelling to a number or group of tenants
which exceeds the total number of sleeping accommodations in the apartment
or dwelling.
(3)
To knowingly permit a number of people, greater than the maximum
number of occupants permitted, to occupy the apartment or dwelling.
(4)
To rent an apartment or dwelling without securing a permit therefor.
(5)
To violate any of the provisions of the New Jersey State Housing
Code, N.J.A.C. 5:28-1.1 et seq.
(6)
To enter into a lease agreement without at least one tenant
being an adult, and requiring all adult tenants to sign the lease.
C.
Conviction of tenant as violation of lease. The terms of this chapter
shall become part of all leases with respect to licensed premises
in this Borough. Upon the conviction of a registered tenant for a
violation of this chapter, or any other ordinance or law of this state
or the federal government, which violation occurs on the licensed
premises, such conviction shall be prima facie evidence in a civil
suit for eviction of a violation of the rules and regulations of the
landlord by the registered tenant.
The provisions of this chapter shall be subject to enforcement
by the members of the Stone Harbor Police Department, the Construction
Code Official, the Fire Inspector the Licensing Clerk and code enforcement
officials of the Borough or any of them independently. Penalties for
any violation shall be in accordance with the penalty provision of
the ordinances of the Borough of Stone Harbor.[1] Each day that any violation continues unabated shall be
considered a new violation subject to additional penalties.
