[Adopted by Ord. No. 15-1998 (Secs. 15.20.180 and 15.20.190 of the 1996 Municipal Code)]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall have the
following meanings:
The individual or individuals designated by the owner as
the person(s) authorized by the owner or the landlord to perform any
duty imposed upon the owner or the landlord by this article or under
law for the operation of a rental unit or units. The term does not
necessarily mean a licensed real estate broker or salesperson as those
terms are defined by N.J.S.A. 45:15-3; however, such term may include
a licensed real estate broker or salesperson if such person designated
by the owner as his agent is so licensed. The agent shall be the person
responsible for repairs, maintenance and tenant inquiries and shall
be responsible for receiving notice of violation of this chapter.
[Amended 11-10-2020 by Ord. No. 15-2020]
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, single-family dwelling,
any room or rooms in a rooming house or boardinghouse or other dwelling
unit consisting of one or more rooms occupying all or part of a floor
or floors in a building, whether designed with or without housekeeping
facilities for dwelling purposes, and notwithstanding whether the
apartment be designed for residence, for office, or the operation
of any industry or business, or for any other type of independent
use.
A change in the tenant renting a rental unit.
The individual person, persons or the legal entity listed
upon the title as it appears in the public records after the deed
is properly recorded.
[Added 9-16-2008 by Ord.
No. 17-2008; amended 11-10-2020 by Ord. No. 15-2020]
A registration issued by the City of Burlington which sets
forth the data and information of the owner of the property and providing
that entity of the registration with information to maintain, operate,
or otherwise conduct the business of landlord in the City of Burlington.
[Added 9-16-2008 by Ord.
No. 17-2008; amended 4-9-2019 by Ord. No. 03-2019]
Any person or group of persons, firm, corporation or officer
thereof, partnership, association, or trust who owns, operates, exercises
control over or is in charge of a rental facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
A plan developed between the Mayor or his designee and the landlord to ensure compliance with all applicable local, state, and federal laws as more specifically set forth in § 195-43D of this article.
[Added 9-16-2008 by Ord. No. 17-2008]
The registration issued by the Landlord Registration Department
attesting that the rental unit has been properly registered in accordance
with this article and inspected for a registration certificate.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019]
The person to whom the registration is issued pursuant to
this article. The term "registration" includes within its definition
the term "agent" where applicable.
[Amended 4-9-2019 by Ord.
No. 03-2019]
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
Any residential dwelling unit occupied by persons other than
the landlord and for which rent is paid to the landlord thereof, including
individual units in all types of dwellings defined in this section,
including boardinghouses, lodging houses, tourist houses, habitable
rooms, multifamily apartment houses, residence buildings and rooming
houses.
[Added 9-16-2008 by Ord. No. 17-2008]
All rental units shall hereafter be registered with the Municipal
Clerk on forms which shall be provided for that purpose and which
shall be obtained from the Municipal Clerk's office. Such registration
shall occur on an annual basis as provided herein.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-7-2009 by Ord. No. 10-2009; 6-14-2011 by Ord. No. 05-2011; 4-9-2019 by Ord. No. 03-2019]
Each rental unit shall be registered annually and inspected
upon each change in tenancy and biennially. The registration shall
expire one year from the date of issuance. Any lease which has been
executed prior to the adoption this article shall not be affected
but the rental unit must nevertheless be registered and inspected
in accordance with this article. No rental unit shall hereafter be
rented unless the rental unit is registered in accordance with this
article.
A.
Registration of landlords.
(1)
In addition to any other requirements herein, each landlord, as defined at § 195-27, of residential real property shall file with the appropriate office within the City of Burlington a landlord registration in a form prescribed by the City of Burlington within 60 days of the publication of this article.
(2)
No landlord shall be entitled to rent a rental unit unless said landlord
has filed with the City of Burlington a valid landlord registration
for that property in accordance with this chapter of the Code for
the City of Burlington.
(4)
A landlord registration must be renewed annually.
(5)
Landlord registrations are not transferable to other entities or
parties.
(6)
The Mayor or his designee shall develop the form for registry required by this article, which shall require the landlord to provide the information set forth at § 195-30 and such other information as the Mayor or his designee shall deem necessary and proper for the health, safety and well being of the residents of the City of Burlington.
(7)
A landlord possessing a landlord registration shall be required to
advise the Mayor or his designee of any change in the information
on the application for such registration within 30 days of any such
change.
(8)
Replacement of lost or destroyed registrations, certificates, or certifications will be subject to a replacement fee as set forth in the fee schedule in Chapter 146, Fee Schedule.
(9)
The landlord must identify its agent on the registration form and
provide accurate, current information as to the name, office address,
telephone number and email information of the agent in order for tenants
and the City to contact the agent for information. The agent is the
individual who exercises control of a rental facility, building and/or
structures, for the purpose of authorizing repairs and maintenance,
and shall be responsible for receiving notices of violation of this
chapter, who exercises control of a rental facility, building and/or
structures, and/or fulfilling the responsibility of the owner of a
rental facility to correct such violation. The agent may be the owner(s)
of the unit. The agent must reside in the County of Burlington.
[Added 11-10-2020 by Ord.
No. 15-2020]
B.
Registration
of rental units.
(1)
All
rental units within the City shall hereafter be registered with the
Mayor or his designee. Such registration shall occur immediately upon
the adoption of this article and upon every change in occupancy; however,
if there has not been a change in occupancy in two years, then the
owner of a rental unit shall register on the first of January following
the expiration of the two-year period. Upon registration, a registration
certificate shall be issued by the City.
(2)
No
rental unit shall be occupied by tenants unless a valid registration
certificate has been issued by the City.
(3)
The Mayor or his designee shall develop the applicable registration form required by this article, which shall require the landlord to provide the information set forth at § 195-30 and such other information as the Mayor or his designee shall deem necessary and proper in order to properly register the rental unit.
(4)
Any lease which has been executed prior to the adoption of this article
shall not be affected, but the rental unit must nevertheless be registered
and inspected in accordance with this article. No rental unit shall
hereafter be rented unless the rental unit is registered in accordance
with this article.
C.
Tenant
screening reports.
(1)
At
each change of occupancy of any rental unit, the registered landlord
of the rental unit shall conduct a tenant screening for the new inhabitants
of the rental unit. Such screening shall include the substantial equivalent
of the following:
(a)
A check for activity in the Landlord/Tenant Section of the Special
Civil Part of the Superior Court of the State of New Jersey for the
county of the tenant's last residence for a period of three years.
(b)
All records of any conviction for any offense in the municipal court
of the municipality of the resident's last residence for a period
of three years.
(c)
All records of any conviction for any offense in the Superior Court
of the State of New Jersey of the resident's last residence for a
period of three years.
(2)
Proof
of an adequate screening shall be a letter addressed to the Mayor
or his designee indicating such a screening by a reputable tenant
screening company or organization. Such a letter must be dated and
shall be prepared by a screening company or organization.
(3)
No registration certificate shall be deemed complete unless proof
of an adequate screening has been provided.[1]
[1]
Editor's Note: Former Subsection C(4), which entitled landlords
to a $25 reduction in fees upon presentation at time of registration,
which immediately followed this subsection, was repealed 5-11-2021 by Ord. No. 12-2021]
[Amended 4-9-2019 by Ord.
No. 03-2019; 11-10-2020 by Ord. No. 15-2020]
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered as provided
herein. Every owner shall file with the appropriate office within
the City of Burlington a registration form for each unit contained
within a building or structure which shall include the following information:
A.
The location
of the building;
B.
The portion
of the building to be used as a rental facility with the number of
dwelling units;
C.
The full
name (first and last), age and address, including the dwelling unit
number, of each authorized occupant or tenant occupying the rental
unit;
D.
The name
and address of the record owner or owners of the premises and the
record owner or owners of the rental business if not the same persons.
In the case of a partnership, the names and addresses of all general
partners shall be provided, together with the telephone numbers for
each of such individuals indicating where such individual may be reached
both during the day and evening hours. If the record owner is a corporation,
the name and address of the registered agent and corporate officers
of the corporation, together with the telephone numbers for each of
such individuals indicating where such individual may be reached both
during the day and evening hours;
E.
If the
address of any record owner is not located in the City or in Burlington
County, the landlord must designate and provide the name and contact
information of a person who resides in Burlington County and who is
the registered agent for the landlord who is fully authorized by the
landlord to accept notices from a tenant and to issue receipts therefor
and to accept service of process on behalf of the record owner;
F.
The name,
address, telephone number and email address of the registered agent
of the premises, if any;
G.
The names
and addresses, including dwelling unit numbers, of the superintendent,
janitor, custodian and other individual employed by the owner or agent
to provide regular maintenance service, if any;
H.
The name,
address and telephone number of an individual representative of the
owner or agent who may be reached or contacted at any time in the
event of an emergency affecting the premises or any unit of dwelling
space therein, including such emergencies as the future of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith;
I.
The name
and address of every holder of a recorded mortgage on the premises;
J.
If fuel
oil is used to heat the building and the landlord furnishes the heat
in the building, the name and address of the fuel oil dealer servicing
the building and the grade of fuel oil used;
K.
As to
each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this subsection, an owner shall include a floor plan as part of
the application, which shall be attached to the registration form
by the Municipal Clerk;
L.
Any changes in information required to be included in the registration,
including but not limited to a change in the occupants or their number
or a change in the identity of the owner, operator and/or registered
agent, will require an amended registration to be filed within seven
days, notwithstanding the provisions of this chapter.
M.
Every person required to file a registration form pursuant to this
chapter shall file an amended registration form within seven days
after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment except where
the ownership of the premises is changed.
N.
Providing registration form to occupants and tenants. Every owner
shall provide each occupant or tenant occupying a rental unit with
a copy of the registration form required by this chapter. This particular
provision shall not apply to any hotel, motel or guest house registered
with the State of New Jersey pursuant to the Hotels and Multiple Dwellings
Act as defined in N.J.S.A. 55:13A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
O.
Such other information as may be prescribed by the City.
The Municipal Clerk shall index and file the registration forms
and make them reasonably available for public inspection. In doing
so the Municipal Clerk shall follow the mandates of N.J.S.A. 46:8-28.1,
as amended and supplemented, so that the filing of the registration
form will simultaneously satisfy the registration requirements of
N.J.S.A. 46:8-28 to the extent that it applies to the property being
registered and will also satisfy the registration requirements of
this article.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment except where
the ownership or tenancy of the premises is changed.
A.
Each rental
unit shall be inspected at least once in every twenty-four-month period,
and upon each change in tenancy, for purposes of the issuance of a
registration certificate.
[Amended 9-16-2008 by Ord. No. 17-2008]
B.
Such inspection
shall be performed by such person, persons or agency duly authorized
and appointed by the City pursuant to the direction of the Director
of the Department of Housing and Community Development or the Construction
Official. Inspections made by persons or an agency other than the
duly authorized and appointed person, persons or agency of the City
shall not be used as a valid substitute.
C.
Such inspection shall be for purpose of determining compliance, with Chapter 207, Article VII, Zoning, of the Code of the City of Burlington, and to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, the current City Property Maintenance Code, housing code and/or building code and the Uniform Fire Safety Act. Upon compliance, the Construction Official shall cause to be issued a registration certificate pursuant to § 195-6.
[Amended 9-16-2008 by Ord. No. 17-2008; 6-14-2011 by Ord. No. 05-2011]
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not thereafter be registered, and the landlord of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected, approved and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if not made within that time period, the owner shall be deemed in violation of this article and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 195-44 of this article.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019]
A.
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming houses or boardinghouses in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming houses/boardinghouses and of the general public. For the purpose of making such inspections, the inspecting officers shall be vested with the authority set forth in § 195-5. The owner or occupant of every rental facility, rental unit and rooming house or boardinghouse shall give the inspecting officer free access to the rental facility, rental unit and rooming house or boardinghouse at all reasonable times for the purpose of such inspections, examinations and surveys.
B.
Every
occupant shall give the owner of the rental facility, rental unit
and rooming house or boardinghouse access to any part of such rental
facility, rental unit and rooming house or boardinghouse at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant thereto.
C.
Complaints.
Within 10 days of receipt of a complaint alleging a reported violation
of this article, an inspecting officer shall conduct an inspection
as hereinbefore provided.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019]
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the City, which
is not registered and for which a registration certificate has not
been issued in accordance with this article.
[Amended 4-9-2019 by Ord.
No. 03-2019]
Upon the filing of a completed registration form, payment of
the prescribed fee, and a satisfactory inspection, the owner shall
be entitled to the issuance of a registration commencing on the date
of issuance and expiring on the same date of the next calendar year.
A registration form shall be required for each rental unit, and a
registration shall be issued to the owner for each rental unit, even
if more than one rental unit is contained in the property.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-7-2009 by Ord. No.
10-2009]
A.
At the time of registration of a rental unit as required by § 195-29B, and prior to the issuance of a registration certificate, the landlord or agent thereof must pay a fee in accordance with the following schedule for the purpose of having the rental unit inspected by the City and having the City issue the registration certificate:
(1)
Upon initial registration and following the expiration of every two-year period thereafter, a fee as set forth in the fee schedule in Chapter 146, Fee Schedule, shall be assessed which includes an inspection and one subsequent reinspection (to be completed within 30 days of a failed initial inspection).
(2)
Any change of occupancy, except those changes of occupancies specified during the initial registration or upon each subsequent two-year inspection, shall be assessed a fee as set forth in the fee schedule in Chapter 146, Fee Schedule, which includes an inspection and one subsequent reinspection (to be completed within 30 days of a failed inspection).
(4)
Should an inspector arrive for a scheduled inspection and no person over the age of 18 is present to grant access to the rental unit, the full amount of the inspection fee shall be charged, and the landlord will be required to reschedule the inspection at a fee as set forth in the fee schedule in Chapter 146, Fee Schedule.
[Amended 4-9-2019 by Ord.
No. 03-2019]
B.
Repairs
not completed within 30 days of reinspection shall result in the issuance
of a court summons. Requests for extensions shall be in writing demonstrating
compelling reasons for the need for such extension. The grant of such
extension is subject to the City's discretion.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3.
This section may be complied with by posting a copy of the registration
certificate in a conspicuous place within the rental unit(s).
A.
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 14 days. Any person violating this section shall be subject to the penalty provisions of § 195-44 of this article.
[Amended 11-10-2020 by Ord. No. 15-2020]
B.
Only those occupants whose names are on file with the City as required
in this section may reside in the registered premises. It shall be
unlawful for a nonregistered person to reside in said premises and
any owner, agent, tenant or registered tenant allowing a nonregistered
person to reside in said premises and the nonregistered person, shall
be in violation of this subsection.
[Amended 4-9-2019 by Ord.
No. 03-2019]
[Amended 4-9-2019 by Ord.
No. 03-2019]
No rental unit may be registered and shall issue for any property
containing a rental unit unless all municipal taxes, water and sewer
charges and any other municipal assessments are paid on a current
basis.
[Amended 6-14-2011 by Ord. No. 05-2011]
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the current City Property Maintenance
Code.
A.
Nuisance
prohibited. No rental facility shall be conducted in a manner which
shall result in any unreasonable disturbance or disruption to the
surrounding properties and property owners or of the public in general,
such that it shall constitute a nuisance as defined in the ordinances
of the City.[1]
B.
Compliance
with other laws. The maintenance of all rental facilities and the
conduct engaged in upon the premises by occupants and their guests
shall at all times be in full compliance with all applicable ordinances
and regulations of the City and with all applicable state and federal
laws.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019]
A.
Violation
of landlord registrations. In order to validly possess a landlord
registration and any subsequently issued registration certificate,
a landlord shall comply with all applicable local, state, and federal
laws relating to the renting of residential rental units. A landlord
may be found in violation of a landlord registration upon the happening
of the following nonexclusive events:
(1)
The landlord or any partner or corporate officer of the landlord
or the manager or other agent of the rental unit sought to be operated
under the landlord registration has refused inspection of a rental
unit and its premises by public authorities acting pursuant to law;
(2)
The landlord obtained a landlord registration certificate through
fraud, collusion or illegality;
(3)
The landlord or any partner or corporate officer, including a partner,
member, officer, or principal in a corporate or business entity registered
as the landlord, who has been denied a registration in any municipality,
county, or state or had a registration revoked or suspended in connection
with maintaining, operating or conducting the business of a landlord
in any municipality, county, or state;
[Amended 11-10-2020 by Ord. No. 15-2020]
(4)
The
landlord or any partner or corporate officer has been convicted of
a felony in connection with maintaining, operating, or conducting
a business or commercial activity;
(5)
The
landlord or any partner or corporate officer or manager or other agent
has materially or substantially failed to comply with a property action
management plan;
(6)
The
landlord failed to remediate any material statutory or code violations
of any rental unit;
(7)
A landlord registration application filed by an owner, including
required updates, contains any material omissions and/or materially
false or misleading information;
(8)
Any
rental unit and/or premises of the landlord is conducted or maintained
in such a manner as to create a nuisance which threatens the public
health or general welfare;
(9)
The
landlord or any partner or corporate officer or manager or agent has
been determined to be aiding, abetting, encouraging, permitting, harboring,
or engaging in criminal conduct or criminal activities in any of the
rental units or on any of the landlord's rental unit properties;
(10)
Renting the rental unit to a tenant who has been convicted of maintaining
a nuisance or of any other acts in violation of the City of Burlington
Code;
(11)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction;
(12)
Determination of a violation of this article at a hearing held pursuant to Subsection D of this section;
(13)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants permitted;
[Amended 11-10-2020 by Ord. No. 15-2020]
(14)
The suspension or revocation of any registration certificate issued
to the landlord license holder;
(15)
Maintaining the rental unit or units or the property in which
the rental unit is a part in a dangerous condition likely to result
in injury to person or property;
[Added 11-10-2020 by Ord.
No. 15-2020]
(16)
A pattern of conduct which results in creating, maintaining,
permitting or suffering the existence of any of the following conditions
at or about the rental unit:
[Added 11-10-2020 by Ord.
No. 15-2020]
(a)
Disorderly conduct on the part of tenants or occupants or their
guests. "Disorderly conduct" shall be as defined in N.J.S.A. 2C:33-2;
provided, however, that a conviction of such person or persons under
that statute shall not be required in order for the City to take action
under this section;
(b)
A nuisance, as that term is defined by N.J.S.A. 2C:33-12; provided,
however, that a conviction of such person or persons under that statute
shall not be required in order for the City to take action under this
section;
(d)
The rental unit has continued to be, after written notice to
cease to the landlord, so disorderly as to destroy the peace and quiet
of the neighborhood; and
(e)
The possession or consumption of alcoholic beverages by minors.
B.
Enforcing
authority. The Mayor or his designee is empowered to enforce the provisions
of this article.
C.
Notice
of landlord registration violations.
(1)
The Mayor or his designee may at any time file a complaint alleging violations of Subsection A. The Mayor or his designee may file a complaint on the basis of information and belief and need not rely on personal information.
(2)
A
complaint alleging violations of applicable law may be filed with
the Mayor or his designee by any one or more of the following: Director
of Public Safety, Chief of Police, Director of the Department of Housing
and Community Development, Construction Official, Housing Inspector
or the Zoning Enforcement Officer. The person filing a complaint may
do so on the basis of information and belief and need not rely on
personal information.
(3)
Any
complaint alleging a violation shall be in writing and filed with
the Municipal Clerk. The complaint shall be specific and shall be
sufficient to apprise the landlord of the charges and permit the landlord
10 days to correct the violation.
D.
Landlord
registration disciplinary action.
(1)
Property
management action plan ("PMAP").
(a)
If after 10 days following receipt of notice of a violation, the
violation continues, the landlord shall meet with the Mayor or his
designee within 10 days to create a property management action plan
which will bring the landlord and/or rental unit into compliance by
a specified date.
(b)
The PMAP may concern but is not limited to the following issues:
[1]
Providing a habitable dwelling;
[2]
Observing occupancy limits;
[3]
Maintaining electrical systems meeting code requirements;
[4]
Maintaining plumbing systems meeting code requirements;
[5]
Maintaining heating and cooling systems meeting code requirements;
[6]
Maintaining proper fire protection systems;
[7]
Eliminating health and safety hazards;
[8]
Improving or providing for the security of the premises; or
[9]
Requiring inspections more than once a year should problems with
the rental unit occurs regularly.
(d)
For violations constituting an immediate danger to the public health,
safety, and welfare of the City, the Mayor or his designee does not
have to issue a PMAP and may take actions in accordance with other
provisions of applicable local, state, and federal laws to remedy
the situation.
(2)
Disciplinary
action, notice and hearing.
(a)
If the landlord fails to remedy a violation or comply with a
PMAP, the Mayor or his designee shall immediately inform the Common
Council, and a date for a hearing to consider the landlord's registration
suspension or revocation shall be scheduled which shall not be sooner
than 10 nor more than 30 days thereafter. The Mayor or his designee
shall forward a copy of the original complaint and any relating documentation
to the Common Council. The Common Council shall serve the landlord
and any applicable agent with a notice as to the date of the hearing
at the address indicated on the registration form. Service upon the
agent shall be sufficient. Said notice shall be specific and shall
be sufficient to apprise the landlord of the charges so as to permit
the landlord to present a defense.
(b)
The hearing required by this subsection shall be held before the
Common Council. The Council shall render a decision within 30 days
of the conclusion of the hearing.
(c)
If the Council finds the landlord guilty of any violation of applicable law, the Common Council has the right to impose the penalties against the landlord as prescribed in Subsection D(3) below.
(d)
The hearing shall be taped. If determined to be necessary, the Common
Council may have a stenographic transcript prepared. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply. All relevant evidence shall be admissible. The burden of
proof shall be that which generally controls administrative hearings.
(e)
It shall be a defense to any disciplinary proceeding involving
a landlord registration to demonstrate that the landlord or his agent
has taken appropriate action and has made a good faith effort to abate
the conditions or circumstances giving rise to the revocation proceeding,
including but not limited to the institution of legal action against
the tenant(s), occupant(s) or guests for recovery of the premises;
eviction of the tenant(s) or otherwise.
(3)
Landlord registration penalties. The Common Council may impose the
following maximum penalties against a landlord after finding the landlord
guilty of any violation of applicable law, including by way of example
all City Code provisions relating to the condition(s) of housing units,
applicable statutes, and/or regulations enforced by the City of Burlington,
but promulgated by the County of Burlington, the State of New Jersey,
and/or the United States of America.
(4)
Effect of landlord registration penalties.
(a)
Suspension. A suspension of a landlord registration prohibits
the landlord from engaging in any new lease agreements for any rental
unit during the suspension period.
(b)
Revocation. A revocation of a landlord registration prohibits
the landlord from maintaining, operating, or otherwise conducting
the business of landlord in the City of Burlington.
(5)
Reinstatement of landlord registration.
(a)
Generally.
[1]
The landlord registration is not automatically reinstated at
the conclusion of a suspension.
[2]
The landlord must affirmatively reapply with the appropriate
City authority for a new landlord registration after serving the suspension.
[3]
A landlord whose registration was revoked may apply for reinstatement
no earlier than one year after a revocation.
[4]
In addition to meeting all the requirements necessary to obtain
a landlord registration, the landlord shall be prepared to submit,
at the request of the Council, proof of changed circumstances demonstrating
correction of the violation(s) which caused the previous suspension
and/or revocation.
[5]
All landlord registration reinstatement applications shall be
determined by the Council in its sole discretion.
(6)
Nothing contained herein and pertaining the registration privilege
shall be construed as constituting an affirmative defense or constitutes
a same or similar penalty to any violation of any provision of the
Code of the City of Burlington for which such complaint or violation
is heard by the Municipal Court for the City of Burlington or appeal
therefrom, or any violation or complaint that is filed in any court
of competent jurisdiction.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019]
Any person, firm or corporation who fails to obtain the required landlord registration; and/or who fails to register a residential unit as defined in this article; and/or who otherwise violates any of the provisions of this article, including but not limited to failure to make required repairs pursuant to § 195-37, shall, upon conviction, pay a fine of not more than $2,500 or be imprisoned for any term not exceeding 90 days or a period of community service not exceeding 90 days, unless another penalty is provided for. In a Municipal Court proceeding a landlord shall not be found in violation of this article during such period as the landlord shall be proceeding to evict the tenants in accordance with applicable New Jersey statutes.
