[Added 4-5-2011 by Ord. No. O-11-08]
Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meanings:
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 necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed. The term can include an apartment manager or management company.
APARTMENT
A room or combination of rooms in one building designed for use as a living unit or any room or rooms in a rooming/boarding house 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 is designed for a residence, for an office, or for the operation of any industry or business, or for any other type of independent use.
APARTMENT COMPLEX
Any building(s), containing four or more apartments/rental units.
CERTIFICATE
The license issued by the Housing Official, attesting that the rental unit has been properly registered and inspected in accordance with this chapter.
OWNER
Any person or group of persons, firm, corporation, or officer thereof, partnership, association, or trust, who owns, or has an ownership interest in a rental facility.
PERSON
An individual, firm, corporation, partnership, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every dwelling, 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.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes and is meant to include individual apartments located within residences, single-family homes, townhouses and condominium units, buildings and apartment complexes. This shall exclude I Use Groups as defined by Uniform Construction Code.[1]
TENANT/OCCUPANT
The person or persons to whom a dwelling is leased, rented, occupied by, or has actual possession of a dwelling unit, other than the record owner.
[1]
Editor's Note: See Ch. 108, Construction Codes, Uniform.
[Amended 11-14-2016 by Ord. No. O-16-25; 6-25-2024 by Ord. No. 24-24]
A. 
All rental units must be registered, inspected and licensed in accordance with this chapter.
B. 
All rental units shall hereafter be registered with the Housing Official of the Township of Howell on forms which shall be provided for that purpose and which shall be obtained from the Housing Official's office, or designee. A registration form is required for each rental unit.
C. 
For properties containing one rental unit, landlord registration shall be made simultaneously with the application of a rental certificate which shall be required annually on the anniversary date of the initial registration or at the time of change of ownership or tenancy.
D. 
Where a rental facility contains multiple rental units, landlord registration shall be made annually on or within 30 days of January 1.
E. 
Each rental unit shall be reinspected with each change in occupancy. A registration form is required for each rental unit.
F. 
Continued occupancy beyond the expiration date of a rental certificate and landlord registration is a violation of this chapter and subject to violations and fines in accordance with § 178-30.
G. 
Failure to register a rental unit or occupying without a rental certification and landlord registration shall result in a fine of not less than $1,000 for the first offense and $2,000 for the second offense. The fine shall be imposed for each unit not registered and shall count as separate offenses.
[Amended 6-25-2024 by Ord. No. 24-24; 10-15-2024 by Ord. No. 24-41
Notwithstanding the requirements of N.J.S.A. 46:8-28, all rental units shall be registered and licensed as provided herein. Every owner shall file with the Housing Official a registration form for each unit contained within a building or structure which shall include the following information:
A. 
The name and address of the record owner or owners of the premises and record owner or owners of the rental business if not the same persons. In the case of partnership, the names and address of all general partners shall be provided together with the telephone numbers for each of such individuals.
B. 
If the address of any record owner is not located in the Township of Howell or in Monmouth County, the name and address of a person residing in the Township of Howell or Monmouth County who is designated as an agent who is authorized to accept notices from the Township and to issue receipts therefor and to accept service of process on behalf of the record owner. The Township may waive this requirement upon the owner's request to use a person in another county if deemed feasible.
C. 
The name and address of the agent of the premises, if any.
D. 
The name and address, including the dwelling unit number, of the superintendent, janitor, custodian, or other individual employed by the owner or agent to provide regular maintenance service, if any.
E. 
The name, address and telephone number of an individual representative(s) 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 rental unit of dwelling space therein and who has the authority to make emergency decisions concerning the premises or rental unit and any repair thereto or expenditure in connection therewith.
F. 
The name and address of every holder of a recorded mortgage on the premises.
G. 
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.
H. 
As to each rental unit, an owner shall comply with the New Jersey Housing Code.
I. 
Any rental property purchased with a mortgage containing an occupancy clause that requires the owner to occupy the property as the owner's primary residence must provide proof of written approval from lender/mortgage holder permitting the use and occupancy of the property as a rental unless the owner is also a primary resident of the rental and can provide proof of such primary residence. "Proof of written approval" shall mean a notarized written approval from lender/mortgage holder permitting the use and occupancy of property as a rental.
J. 
Proof of the minimum liability insurance required by N.J.S.A. 40A:10A-1 et seq.
The Housing Official shall index and file the registration forms. In doing so the Housing Official 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 also 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 chapter.
Every person required to file a registration form pursuant to this chapter shall file an amended registration form within 20 days after any change in the information required to be included thereon. No administrative fee shall be required for the filing of an amendment except where there is a change in tenancy during the one year licensing period, or where the ownership of the premises is changed.
A. 
Upon the filing of an initial application for rental, the Township will then conduct an inspection for the issuance of a certificate in accordance with the provisions of this chapter.
B. 
Each rental unit shall be inspected annually as well as any time there is a change of ownership or tenancy in accordance with §§ 178-18 and 178-25.
[Amended 6-25-2024 by Ord. No. 24-24]
C. 
Inspections shall be performed by the Housing Official of the Township of Howell or any other duly appointed official as may be authorized by the Township of Howell.
D. 
Such inspection shall be for the purpose of determining compliance with this chapter. The New Jersey State Housing Code shall be adopted by reference as part of this chapter and used as a guide in performing inspections pursuant to this chapter. The inspections may also include determinations on compliance with other ordinances applicable to the premises and rental unit, Uniform Construction Code, Housing Code, and/or Building Code, and/or Uniform Fire Safety Act.
E. 
Unsatisfactory inspection. In the event that the initial inspection or any other inspection of a rental unit does not result in a satisfactory report, such property shall not thereafter be registered, nor shall a certificate be issued The owner of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary repairs/corrections have been made so as to bring the property and rental unit into compliance with the applicable ordinances or codes as verified by a subsequent Township inspection. At such time as a satisfactory inspection report is issued, the registration application shall be processed for issuance of a certificate to permit rental of the unit. In the event that the property is occupied when such conditions are discovered, all such repairs/corrections shall be made within 30 days. If the repairs/corrections are not made within that time period, the owner shall be deemed in violation of this chapter and subject to the provisions of § 178-30 of this chapter.
F. 
Lead paint inspections.
[Added 11-22-2022 by Ord. No. O-22-68]
(1) 
Prior to the issuance of a rental certificate and occupancy by a tenant, per New Jersey's Lead Safe Certificate Law (P.L. 2021, c. 182),[1] any rental unit constructed prior to 1978 must pass an inspection to check for deteriorated paint, debris, dust or residue. Each rental unit must receive a lead safe certificate upon each rental turnover (change of tenancy) or every three years, whichever comes first. A lead safe certificate is valid for two years, and if the change in tenancy occurs prior to the expiration of the certificate, an inspection is not required. The initial inspection for all rental units must take place before July 31, 2024.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
(2) 
If a lead paint inspection fails, the owner/landlord must remediate the issues noted in the inspection report within 30 days. Failure to do so will result in the issuance of a notice of violation and penalty in accordance with § 178-30.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities and rental units in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of the occupants of these units and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey the rental facilities and rental units and at all reasonable times. The owner or occupant of every rental facility and rental unit shall give the inspecting officer free access to the rental facility and rental unit house at all reasonable times for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility and rental unit access to any part of such rental facility and rental unit at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant thereto.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit which is not registered and approved in accordance with this chapter.
[Amended 2-21-2023 by Ord. No. 23-4; 6-25-2024 by Ord. No. 24-24]
A. 
Upon the filing of a completed residential landlord registration and rental certificate application form, payment of the prescribed fee, and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate. Said certificate shall expire within one year of initial approval or in the event of a change in tenancy or ownership. Rental certificates and landlord registrations are required to be renewed and inspected annually on the anniversary date of the initial certificate approval or at the time of change of ownership or tenancy. Properties containing multiple units must be registered annually within 30 days of January 1.
B. 
A certificate shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property.
[Amended 11-14-2016 by Ord. No. O-16-25; 6-25-2024 by Ord. No. 24-24]
A. 
At the time of filing of the residential landlord registration and rental certificate application form, and prior to the issuance of a rental certificate, the owner or agent of the owner must pay a fee in accordance with the applicable provisions of § 139-29.
B. 
Change in tenancy during the certification period requires the issuance of a new rental certificate and registration and payment of the applicable fee as set forth in Chapter 139, Fees.
C. 
A reinspection fee as set forth in Chapter 139, Fees, per rental unit/per inspection shall be assessed for any third and subsequent reinspections thereafter conducted as a result of the previously cited violations which require correction by the owner during the certification period.
D. 
If any fee is not paid within 30 days of its due date, the property owner and/or agent will be considered in violation of this chapter and subject to the penalty provisions of this chapter.
Upon receipt of a certificate, every owner shall provide the occupant or tenant occupying a rental unit with a copy of the certificate. This provision may be complied with by posting a copy of the certificate in a conspicuous place within the rental unit(s). 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. 55:13.A-3.
[Amended 2-21-2023 by Ord. No. 23-4]
A. 
It shall be unlawful for any person including the owner, agent or tenant to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit. The maximum number of occupants is computed in accordance with the following:
(1) 
Every bedroom occupied by one occupant shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
(2) 
Rental units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements as set forth in this article. If there is a discrepancy regarding the number of occupants permitted pursuant to this article, the most restrictive requirement shall govern.
B. 
The maximum occupancy shall be posted in a conspicuous place in or about the dwelling.
C. 
It shall be unlawful and in violation of this article for an owner or a tenant of any registered rental unit to:
(1) 
Allow a number of people greater than the permitted maximum number of occupants to rent or occupy any dwelling unit;
(2) 
Lease or sublease a rental unit to a number or group of tenants which exceeds the total number of sleeping accommodations which has been established for said rental unit pursuant to this article; or
(3) 
Permit a number of people greater than the maximum number of sleeping accommodations to sleep in or occupy the dwelling unit overnight.
D. 
Any landlord, tenant, property owner or other person violating the provisions of this section shall be subject to the penalty provisions of this chapter. The Township shall also have the right to enjoin violations of this section in any court of competent jurisdiction by way of order to show cause or similar process. All costs attendant to enforcement of this section shall be assessed as a lien against the subject property, enforceable and collectible in the same manner as liens for delinquent real property taxes and municipal service charges.
E. 
For the purposes of this section, a bedroom is defined as a room with a closet with a minimum measurement of seven feet in one direction and is located along an exterior wall but does not include a hall, bathroom, kitchen, living room, dining room, family room, laundry room, closet/dressing room. A bedroom may not be used to access another bedroom and must have at least two legal means of egress as defined in the Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
F. 
Legally existing mobile homes as defined in § 204-22 shall be exempt from the occupancy standards outlined in this article. No mobile home or trailer shall be inhabited by a greater number of occupants than that for which it was designed by the manufacturer as stated in § 204-32L.
[Amended 9-14-2021 by Ord. No. O-21-26; 10-15-2024 by Ord. No. 24-41]
A. 
Nuisance prohibited. No rental facility shall be used in a manner which will result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general, such that it would constitute a nuisance as defined in the Ordinances of the Township of Howell.
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 Township of Howell and with all applicable state and federal laws, including the New Jersey Uniform Construction Code and the New Jersey State Housing Code. Any rental property purchased with a mortgage containing an occupancy clause that requires the owner to occupy the property as the owner's primary residence must provide proof of written approval from lender/mortgage holder permitting the use and occupancy of the property as a rental unless the owner is also a primary resident of the rental and can provide proof of such primary residence. "Proof of written approval" shall mean a notarized written approval from lender/mortgage holder permitting the use and occupancy of property as a rental.
Per N.J.S.A. 40A:10A-1 et seq. Proof of a specific landlord liability insurance policy for negligent acts and omissions in an amount of no less than $500,000.
C. 
Short-term rentals prohibited. No rental facility (as defined in § 178-17), rental unit (as defined in § 178-17), dwelling (including, but not limited to, a duplex, multiple, or single-family, as defined in § 188-4) or residential structure (including, but not limited to, the residential structures defined in § 188-4), or any segment thereof, may be rented or leased for a term of less than 90 days.
D. 
Rentals of amenities. The lease or rental, for any purpose and for any period of time, of any amenity, feature, or accessory that is appurtenant to or associated with any rental facility (as defined in § 178-17), rental unit (as defined in § 178-17), dwelling (including, but not limited to, a duplex, multiple, or single-family, as defined in § 188-4) or residential structure (including, but not limited to, the residential structures defined in § 188-4) is prohibited. "Amenity, feature, or accessory" shall include, but is not limited to, swimming pools, pool cabanas, accessory structures, hot tubs, decks, patios, yards, and the like.
E. 
Advertisement. The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this article or any other applicable provision of the Township Ordinances is prohibited.
F. 
Penalties. Any landlord, tenant, property owner or other person violating the provisions of this section shall be subject to the penalty provisions of this chapter. The Township shall also have the right to enjoin violations of this section in any court of competent jurisdiction by way of order to show cause or similar process. All costs attendant to enforcement of this section shall be assessed as a lien against the subject property, enforceable and collectible in the same manner as liens for delinquent real property taxes and municipal service charges.
[Amended 11-14-2016 by Ord. No. O-16-25; 2-21-2023 by Ord. No. 23-4; 6-25-2024 by Ord. No. 24-24]
Any person who violates any provision of this chapter shall, upon conviction in the Howell Township Municipal Court, or such other court having jurisdiction, be liable to a fine not less than $1,000 and not exceeding $2,000. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter. Failure to register each rental unit, failure to obtain a rental certificate or the occurrence of any over-occupancy as defined by this chapter shall result in the fine provided for in § 178-18G.
[Added 10-24-2023 by Ord. No. 23-34]
In addition to any other penalty prescribed in this chapter, a rental certificate may be revoked on any of the following grounds:
A. 
Conviction of a violation of this chapter, or any other provision of this Code, in any court of competent jurisdiction.
B. 
Determination that the property has excessively consumed municipal services pursuant to Chapter 136.
C. 
Maintaining, occupying, or using the rental unit or units or the property on which the rental unit is located in a dangerous condition likely to result in injury to persons or property or in violation of any applicable federal, state, or local health, safety, building, construction, or property maintenance code.
D. 
Conditions that render the premises unsafe, unhealthy, or unfit for human habitation or occupancy.
E. 
Conduct, activity, or behavior occurring on the premises or engaged in by the occupants constituting a nuisance or disturbing the peace and quiet enjoyment of the surrounding neighborhood.
F. 
Any violation of the terms of the rental certificate of occupancy or renting without having first obtained a rental certificate of occupancy.
[Added 10-24-2023 by Ord. No. 23-34]
A. 
Upon a determination that reasonable grounds exist for revocation of a rental certificate, the Code Official or their designee shall issue a written complaint with the property owner. The complaint shall be sent by certified mail or regular mail to the property owner's address as appears in the tax records. The complaint shall specifically identify the basis for the revocation.
B. 
The property owner may appeal the revocation by filing written notice thereof with the Director of Community Development and Land Use no later than 10 days following receipt of the notice issued pursuant to the preceding subsection. The notice of appeal must clearly identify the action challenged and set forth the reasons in support of reversal.
C. 
The appeal may be decided on the written submissions, or a hearing may be conducted. The property owner must specifically request a hearing in the written notice of appeal. If requested, the hearing shall be conducted by the Director of Community Development and Land Use or their designee no later than 45 days from the issuance of the complaint, unless the parties agree upon a different date and time, which shall be no later than 60 days following the issuance of the complaint.
D. 
At the hearing provided hereunder, the Director of Community Development and Land Use or their designee shall hear all parties, and their final determination shall be made within 10 days from the completion of the hearing. They shall then issue an order incorporating the determinations and directions contained in the notice, modifying said notice if they so deem necessary.
[Added 10-24-2023 by Ord. No. 23-34]
Following a revocation determination pursuant to § 178-34, a rental certificate issued may be revoked for a period of up to one year. During the revocation period, the offending property shall be ineligible for a rental certificate, regardless of whether a change in ownership of the offending property has occurred. Upon the conclusion of the revocation period, the certificate may be reinstated upon refiling a registration form with the Housing Official, reinspection and recertification as provided by this chapter.
[Added 10-24-2023 by Ord. No. 23-34]
A rental certificate shall be automatically revoked in the following circumstances:
A. 
If taxes or other assessments are delinquent for three consecutive quarters. Upon payment of such delinquent taxes or assessments, the landlord or property owner may file a new rental certificate by satisfying the requirements of § 178-25. If the delinquent taxes and assessments are not satisfied within 30 days of written notice thereof, the certificate shall be revoked for a period of one year.
B. 
Upon the third conviction or plea of guilty of a violation of this chapter, or any other provision of this Code, the certificate shall be revoked for a period of one year.
C. 
A landlord or property owner who receives a second notice of violation for renting premises without first having obtained a certificate pursuant to § 178-24 shall be barred from obtaining such certificate for the offending property for a period of one year.
[Added 6-25-2024 by Ord. No. 24-24]
A. 
Definitions and word usage.
(1) 
Owner-landlord shall not include mortgagees in possession of a structure through foreclosure.
(2) 
Second or subsequent violation for an illegal occupancy shall be limited to those violations that are new and a result of distinct and separate zoning or code enforcement activities and shall not include any continuing violations for which citations are issued by a Zoning or Code Enforcement Agent during the time period required for summary dispossession proceedings to conclude if the owner/landlord has initiated eviction proceedings in a court of proper jurisdiction.
B. 
Relocation assistance and additional fines.
(1) 
Any tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activities for illegal occupancy as set forth in N.J.S.A. 2A:18-61.1(g)(3) shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance set forth herein. Irrespective of any other provision of the Township Code, the Township shall not be responsible for paying any such relocation costs.
(2) 
The Township shall impose the additional fine authorized by N.J.S.A. 2A:18-61.1g(c), above and beyond any other fine/penalty allowed by law and/or this Code, for each and every separate zoning and/or housing code violation for an illegal occupancy, in an amount not to exceed six times the monthly rental paid by the displaced person which shall be paid directly to the Township by the owner-landlord of the structure.
C. 
Annual tuition reimbursement. In addition to the provisions of § 178-35(B), the Township, after affording the owner-landlord an opportunity for a hearing on the matter before the Howell Township Municipal Court, shall impose upon the owner-landlord for a second or subsequent violation for an illegal occupancy [as defined in § 178-35(A)(2)] a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the Township, pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.). The Howell Township Municipal Court and the Superior Court of New Jersey shall have jurisdiction of proceeding for the enforcement of the penalty provided herein. Said tuition cost shall be determined in the manner prescribed for nonresident pupils, pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the Howell Township Board of Education.