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:
AGENT or MANAGING AGENT
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.
APARTMENT or DWELLING
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.
BUILDING
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.
DWELLING UNIT
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.
LICENSE
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.
LICENSING CLERK
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.
LICENSE YEAR
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.
LICENSEE
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.
OWNER
The person who owns, purports to own or exercises control
over any building.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL AGENT
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.
RENTAL PROPERTY
A building or structure which contains one or more rental
units.
RENTAL UNIT
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.
SEASONAL TENANT
Any person entering into a lease with a term of 125 days
or more per year.
[Amended 10-20-2009 by Ord. No. 1349]
TENANT
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.
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:
A. The rental unit shall be inspected and shall receive a satisfactory
rating.
B. All municipal taxes, water and sewer charges and other municipal
assessments must be paid on a current basis.
Each rental unit shall, prior to the issuance of any license, be inspected and pass inspection in accordance with the provisions of Chapter
294.
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.
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Minimum Occupancy Area Requirements
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[minimum occupancy area in square feet (square meters)]
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Space
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1-2 Occupants
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3-5 Occupants
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6 Or More Occupants
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Living room
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No requirements
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120 (11.16)
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150 (13.95)
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Dining room
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No requirements
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80 (7.44)
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100 (9.30)
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Kitchen
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50 (4.65)
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50 (4.65)
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60 (5.58)
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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.
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.
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. Each day that any violation continues unabated shall be
considered a new violation subject to additional penalties.