It is the purpose of this article to create a uniform system
for the registration of single-family rental properties and multifamily
rental properties. While registration and licensing of rental units
is authorized pursuant to N.J.S.A. 40:48-2.12C and 40:52-1d, revocation
of licenses and the penalties provided for herein are necessary. It
is a further purpose of this article to exercise the municipal police
power implicit in the New Jersey Constitution and granted pursuant
to N.J.S.A. 40:48-2 and, inter alia, to promote the welfare of the
municipality and its inhabitants.
As used in this article, the following terms shall have the
meanings indicated:
LICENSE
Collectively, the licenses issued to the owner of either
a single-family rental property or multifamily rental property pursuant
to this article. Each dwelling unit and multifamily rental property
shall be separately licensed pursuant to the provisions of this article.
OWNER
The fee owner of any single-family rental property or multifamily
rental property, whether individual, corporation, partnership, trust,
limited-liability company or other business entity. For the purpose
of this article, "owner" shall also include all corporate officers,
partners, trustees, trust beneficiaries, members of limited-liability
companies or others with a control interest in an owner no matter
the form.
POST/POSTING
The requirement to permanently affix information required
to be made known to tenants at rental properties regulated by this
article.
QUALITY-OF-LIFE VIOLATION
A violation of any Atlantic City ordinance or any other federal,
state or local law arising from or incidental to the condition of
the rental unit or the land upon which the rental unit is situated,
and convictions related to disorderly, indecent, tumultuous or riotous
conduct occurring during any one twelve-month period, by the fee owner,
licensee's guest(s), tenant(s), or other occupant(s) of a rental unit.
Upon filing of a completed registration form and the payment
of the registration fee, the Atlantic City Department of Licensing
and Inspections shall issue a license or renewal to the owner. In
the case of the multifamily rental property, the Atlantic City Department
of Licensing and Inspections shall issue a single license certificate,
whereon shall be listed all dwelling units contained in that property.
Each dwelling so listed shall be deemed separately licensed.
Failure to register, to amend a registration when so required, or the permitting of repeated violations pursuant to §
209A-16 shall be a violation of this article. Each such violation shall constitute a separate offense, punishable by a fine of not less than $50. Continued rental of a dwelling after revocation or suspension of a license shall constitute a separate offense, punishable, upon conviction in the municipal court, by a fine of not less than $500 for each day such unit was rented without a license.
No owner shall knowingly permit a tenant to remain in occupancy
of a dwelling unit who, or whose guest(s), commits repeated quality-of-life
violations.
On each occasion that a tenant in a multifamily rental property
or a single-family rental property, or such tenant's guest, commits
a quality-of-life violation, the Atlantic City Department of Licensing
and Inspections shall cause notice of such violation to be sent to
the owner or registered agent via certified mail. Upon the occurrence
and notice of two quality-of-life violations by one or more tenants
or his/her/their guests, with respect to any dwelling unit within
any twelve-month period, the appropriate City official may cause a
complaint to be filed in the Municipal Court and/or to conduct a public
hearing, on notice to the owner, on why the license to operate a rental
property should not be revoked or suspended. In a multifamily rental
property, license revocation may only be imposed upon the dwelling
unit associated with the subject quality-of-life violation. In the
event of a single tenant in a multifamily home being the sole cause
of the disturbances, only the license to rent the offending unit would
be revoked.
The Chief of Police shall be charged with the duty of enforcing
the provisions of this article.