[Adopted 7-16-2012 by Ord. No. 987]
The purpose of this article is to insure that residential rental
units are properly maintained in accordance with the Property Maintenance
and related Codes as well as to protect the property and the health,
safety and welfare of Borough residents. To this end, this article
shall be liberally construed to assure the provision of decent and
safe units of dwelling space as follows.
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall have the
following meaning:
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 article. 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 is designated by the owner as the owner's
agent.
APARTMENT or DWELLING
Any apartment, condominium, townhouse, bungalow, cooperative,
cottage or any room or rooms in a rooming/boardinghouse or in any
other dwelling unit consisting of one or more rooms occupying all
or part of a floor or floors in a building, whether designated 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.
APARTMENT COMPLEX
Two or more buildings, each containing two or more apartments/condominiums/townhouses
which are located within close proximity of each other and are owned
by the same owner.
OWNER
Any person or group of persons, firm, corporation, limited
liability company, association, trust, any type of partnership, or
other entity, who owns, operates, exercises control over or is in
charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL FACILITY
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.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes
and is meant to include a dwelling unit offered for lease or rental,
including but not limited to one-family homes, two-family homes, three-family
homes, etc., as well as individual apartments/condominiums/townhouses
located within apartment, condominium or townhouse complexes.
Any landlord/tenant agreements not currently registered with
the Borough must do so within 30 days of ordinance passing. From thereon,
each landlord is responsible for filing the registration certificate/obtaining
the Fire Marshal and the Code Enforcement Officer's approval
prior to the tenant's occupancy. A registration certificate is
required for each and every tenant-occupied unit.
Every owner of a rental unit shall file with the Borough Clerk
of the Borough of Shrewsbury a registration form for each unit contained
within a building or structure, which shall include the following
information:
A. The name and address of each record owner or owners of the premises
and each record owner or owners of the rental business if not the
same persons. In the case of a partnership, the names and address
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 all corporate officers of said 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. If the record
owner is a limited liability company, the name and address of the
person(s) designated in the operating agreement together with the
telephone numbers for such individual(s) indicating where such individual(s)
may be reached both during the day and evening hours;
B. If the address of any record owner is not located in Shrewsbury,
the name and address of a person who resides in Monmouth County who
is authorized to accept notices from a tenant or a Borough representative
and to issue receipts therefor and to accept service of process on
behalf of the record owner;
C. The name and address and telephone numbers of the agent of the premises
indicating where such individual may be reached both during the day
and evening hours;
D. The name and telephone numbers, 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.
For each such individual, a statement as to where such individual
may be reached both during the day and evening hours;
E. 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 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;
F. The name and address of every holder of a recorded mortgage on the
premises;
G. If fuel oil or natural gas is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel
oil or natural gas dealer servicing the building and the grade of
fuel oil or natural gas used;
H. 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 provision, an owner shall submit a floor plan outlining and
identifying each room in the unit, including the dimensions and floor
location of each room, which shall become a part of the application
and which shall be attached to the registration form when filed with
the Borough Clerk.
I. Such other information as may be required by the Borough;
J. All addresses must include the full accurate street address; P.O.
Box and like information does not satisfy this requirement;
K. The name, age and gender, including children, of every tenant of
record as to each rental unit. The information contained in the registration
form must set forth information for each rental unit within the rental
property and must include all tenants in each rental unit. This information
shall be available only to the Borough Clerk. This information shall
otherwise remain confidential and shall not be available to the public.
The Borough Clerk shall file registration forms. The Borough
Clerk shall index and file the registration forms. In doing so, the
Borough Clerk or 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 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.
Inspection officers shall be supplied with official identification
and shall exhibit such identification when entering any rental facility,
rental unit, rooming house and boardinghouse or any part of any premises
subject to this article. Inspectors shall conduct themselves so as
to avoid intentional embarrassment or inconvenience to occupants.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Shrewsbury unless the rental unit is registered in accordance with
this article.
At the time of the filing of the registration form, the owner
or agent of the owner must pay a registration fee of $10. If the owner
of the property is a senior citizen (age 65 years or older) who resides
in a unit of the property and rents out the remaining units and would
otherwise qualify under the State of New Jersey property tax deductions
under N.J.S.A. 54:4-8.41, there shall be no fee. After the initial
registration, the fee for an amended registration is $10.
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 in accordance with N.J.S.A. 55:13A-1
et seq.