Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meanings:
AGENT or MANAGING AGENT
The individuals designated by the owner as the person(s)
authorized by the owner to perform any duty imposed upon the owner
by this chapter. If the owner provides no such designation, the owner
shall be considered the agent or managing agent. In any event, the
owner shall be responsible for any acts or omissions by the designated
agent. 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.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
A building or entirely self-contained portion thereof which
contains complete housekeeping facilities for one family only and
which has no enclosed space for cooking facilities in common with
any other dwelling unit, except vestibules, entrance halls, porches
or hallways. The definition of a "dwelling unit" shall not include
a boat, trailer or other vehicle of any type, nor a temporary shelter
such as a tent.
GUEST
A person occupying a dwelling unit for 30 days or less.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
LICENSE
The license issued by the Building Code Official, or his
or her designee, attesting that the rental unit has been properly
registered in accordance with this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
LODGING UNIT
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
OCCUPANT
A person occupying a dwelling unit for more than 30 days.
OWNER
The person who owns, purports to own or exercises control
over any building.
PERMITTEE
A person to whom a permit is issued hereunder.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
REGISTERED TENANT
The person or persons to whom a rental unit is leased or
rented by the licensee.
RENTAL UNIT
Any apartment, dwelling, building, dwelling unit, habitable
room or lodging unit, as defined by this chapter, regardless of the
consideration for occupancy, including but not limited to money paid,
services rendered, or accommodations incident to employment.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any rental
unit.
All rental units shall hereafter be registered with the Building
Code Official or his designee on forms which shall be provided for
that purpose and which shall be obtained from the Building Code Official
or his designee. Such registration shall occur immediately upon the
adoption of this chapter and upon every change in occupancy; however,
if there has not been a change in occupancy in three years, then the
owner of a rental unit shall register on the first of January following
the expiration of the three-year period.
Each rental unit shall be registered and licensed. The license
terms shall commence January 1 of the applicable year the unit is
registered with the City, and such registration shall be valid for
a three-year period unless there is a change in occupancy, at which
time it shall expire and a new registration shall occur. The initial
registration shall occur within 60 days following the adoption of
this chapter. Any lease which has been executed prior to the adoption
of this chapter shall not be affected, but the rental unit must nevertheless
be registered, inspected and licensed in accordance with this chapter.
No rental unit shall hereafter be rented unless the rental unit is
registered and licensed in accordance with this chapter.
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 licensed in accordance with this chapter.
Upon the filing of a completed registration form, the provision
of a satisfactory and current certificate of inspection, and payment
of the prescribed fee, the owner shall be entitled to the issuance
of a license for a three-year period commencing January 1 of the respective
year in which said application was filed, unless there is a change
in occupancy of the unit. A separate registration form shall be required
for each rental, and a license shall be issued to the owner for each
individual unit, notwithstanding the existence of multirental units
on the same property. Each renewal for licensure shall be made and
filed prior to the expiration of the rental license, which occurs
on December 31.
In accordance with N.J.S.A. 46:8-28, all rental units shall
be registered and licensed as provided herein.
A. Every owner shall file with the Building Code Official or his designee
a registration form or other forms developed by the City for each
rental unit contained within a building or structure, which shall
include the following information:
(1) The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers for each individual partner, indicating
where such individual may be reached both during day and evening hours,
which telephone numbers shall include cell phone numbers. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of said corporation shall be provided, together
with the telephone number for each such individual, indicating where
such individual may be reached both during day and evening hours,
which shall include providing the cell phone numbers of each such
individual. All registration addresses shall be physical addresses;
post office boxes alone are insufficient.
(2) If the address of the owner of record is not located in the County
of Atlantic, the name, address and telephone number of a person who
resides in the County of Atlantic who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the owner of record.
(3) The name, address and telephone number of the managing agent of the
premises, if any.
(4) The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5) The name, address and telephone number and cellular telephone number
of an individual representative of the owner of record or managing
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 failure 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.
(6) The name and address of every holder of a recorded mortgage on the
premises.
(7) 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.
(8) As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof.
(9) The name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(10)
The number of occupants or tenants occupying the rental unit.
(11)
Whether or not the landlord has conducted a tenant screening
for each new tenant and authorized adult household member.
(12)
Such other information as may be prescribed by the City on the
appropriate form or otherwise by ordinance or resolution.
B. In addition to the registration information set forth above, Subsection
A(1) through
(11) above, every owner shall file with the City Clerk and provide a copy to each individual tenant by separate forms the name, age and address, including the dwelling unit number, of each occupant or tenant occupying a rental unit and a floor plan of the rental unit. These forms shall be filed with the City Clerk and shall not be available for public inspection.
The Building Code Official or his designee shall index and file
the registration form and make it reasonably available for public
inspection. In doing so, the Building Code Official or his designee
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 chapter. The Building Code Official
or his designee shall maintain a master index of all such registration
forms, and any person may obtain from the Building Code Official or
his designee a list of all rental units properly registered and licensed
upon payment of a fee of $25.
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment, with the
exception of a change in ownership of the premises.
The owner shall provide each occupant or tenant occupying a
rental unit with a copy of the rental registration ordinance and registration
form required by this chapter and with the Truth in Renting Handbook
published by the New Jersey Department of Community Affairs. This
particular provision shall not apply to any hotel, motel or guesthouse
or bed-and-breakfast registered with the State of New Jersey pursuant
to the Hotel and Multiple Dwelling Law as defined in N.J.S.A. 55:13A-3.
Each licensee granted a license pursuant to this chapter shall
be permitted to lease or rent the rental unit which has been registered
and for which a license has been granted hereunder to a specific number
of registered tenants, 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 additional occupant thereof.
B. Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements of Table 1.
|
Table 1
Minimum Occupancy Area Requirements
|
---|
|
Space
|
1 to 2 Occupants
(area in square feet)
|
3 to 5 Occupants
(area in square feet)
|
6 or More Occupants
(area in square feet)
|
---|
|
Living room
|
No requirements
|
120
|
150
|
|
Dining room
|
No requirements
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
|
|
|
C. Combined living room and dining room spaces shall comply with the
requirements of Table 1 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.
D. Decks/porches. The maximum allowable occupancy on any deck shall
be one person per nine square feet.
No rental unit may be registered and no license shall be issued
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and other municipal assessments are current.
In addition to the penalties set forth in N.J.S.A. 46:8-35,
any person who violates any provision of this chapter shall, upon
conviction in the Port Republic Municipal Court or such other court
having jurisdiction, be liable for a minimum fine of $250 (or higher
if permitted by Court order) and a maximum fine not to exceed $2,000
or imprisonment or community service not exceeding 90 days, or any
combination thereof. Each day that the violation occurs shall be considered
a separate and distinct violation subject to the penalty provisions
of this chapter. Any person who is convicted of violating this chapter
within one year of the date of the previous violation of this chapter
and who was fined for same shall be sentenced by the Court to an additional
fine as a repeat offender, calculated separately from the fine imposed
for the violation of this chapter.
Any of the violations referred to in this chapter may be enforced,
as applicable, by the New Jersey State Police, the Building Department
or such other persons having such authority by law.