A.
The Borough of Lincoln Park is committed to the preservation of good
housing and the enhancement of high-quality residential neighborhood
environment, and in this regard the governing body finds the regulation
of rental housing space in dwellings to be an appropriate focus of
policymaking.
B.
Further, the rental of housing space in dwellings in the Borough
is an important area of concern to the governing body in consideration
of the fact that a large portion of households in the Borough occupy
rented housing space.
C.
Under the police powers granted to the Borough and in order to protect
the health, safety and welfare of the citizens of the Borough, it
is necessary to regulate the circumstances under which housing space
may be rented.
D.
Existing programs have not kept pace with the need for code enforcement,
and an appropriate opportunity to intervene in the downward cycle
of housing deterioration is presented on the re-renting of a housing
space. Therefore, this article makes provision for code enforcement
through requiring the obtaining of a certificate of re-rental approval
in each instance of the re-rental of housing space.
The following terms, whenever used or referred to in this article,
shall have the following respective meanings for the purposes of this
article, unless a different meaning clearly appears from the context:
The Department of Health of the Borough of Lincoln Park.
Any building or structure rented or offered for rent to one
or more tenants for family residential units.
Includes that portion of a dwelling rented or offered for
rent for living and dwelling privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the rental property, save that the term "housing
space" shall not apply to a two-family dwelling in which one housing
space is occupied by the owner of such dwelling and the other housing
space is rented or offered for rental.
A departure from this chapter which still leaves the housing
space in substantial compliance with such chapter.
The provision of electricity, power, heat, hot water, maintenance,
painting, elevator service, air conditioning, storm windows, screens,
superintendent service and any other benefit, privilege or facility
connected with the use or occupancy of any dwelling or housing space.
A.
A certificate of re-rental approval shall be obtained from the Department
of Health by the landlord of every dwelling which is subject to the
provisions of this article immediately prior to allowing a new tenant
to take possession of a housing space.
B.
The inspection required by § 367-55 shall be conducted within 30 days prior to the new tenant's possession of the housing space.
C.
The provisions of this article shall not apply to an attached two-family
dwelling, located upon a single lot, in which one of the two units
of dwelling space is personally occupied by the owner or owners as
their principal residence or to any multiple dwelling subject to periodic
inspection pursuant to N.J.S.A. 55:13A-1 et seq. (Hotel and Multiple
Dwelling Law).
A.
The required certificate of re-rental approval shall be granted in
respect of any housing space within a dwelling only after such housing
space shall have been physically inspected to ascertain its compliance
with this chapter.
B.
The inspection shall be carried out within three business days following
receipt of the request for a certificate of re-rental approval and
payment of any required fee(s). If such inspection is not completed
by 4:00 p.m. of the third business day following receipt of the request
for inspection and payment, the owner shall be granted a temporary
certificate of re-rental approval and may permit a tenant to occupy
the housing space pending completion of the inspection.
A.
Requests for inspection to the Department shall be accompanied by a fee as provided in Chapter 34, Fees, § 34-20. If such inspection reveals the presence of no violations of the standards, specifications or requirements set forth herein, the Department shall issue a certificate of re-rental approval. If any violations are found and are not deemed to be minor violations, no certificate of re-rental approval shall be issued. The results of all inspections (or reinspections) under this article shall be served upon the owner in accordance with § 367-15.[1]
B.
Notwithstanding any other provision of this article, it shall not
be grounds for denial of a certificate of re-rental approval if, at
the time of inspection, utilities serving the premises (electricity,
gas or water) have been temporarily disconnected pending occupancy
by a new tenant; provided, however, that the owner shall still be
required, at the time of such inspection, to have housing spaces supplied
and connected with all facilities and equipment required by this chapter.
The Department shall, in accordance with the rules set forth in § 367-54, conduct reinspection of dwelling spaces for which no certificate of re-rental approval was issued after a prior inspection, due to the existence of code violations. Any such request shall be accompanied by a reinspection fee as provided in Chapter 34, Fees, § 34-20.
In the event a tenant fails to take possession of the housing
unit on a date required by or specified to the owner and a reinspection
is required because a prior inspection or reinspection is not deemed
to be immediately prior to the tenant's possession, the owner may
require the tenant to pay the entire cost of such reinspection.
To enforce the terms of this article, the Department shall have
the authority to promulgate:
A.
Any person aggrieved by a denial of a certificate of re-rental approval
may appeal, in writing, to the Borough Administrator of the Borough
of Lincoln Park. The Borough Administrator shall hear the appeal,
render a decision thereon and file his decision with a statement of
the reasons therefor with the Department not later than 10 business
days following the submission of the appeal, unless such period of
time has been extended with the consent of the applicant. Such decision
may affirm, reverse or modify the decision of the Department or remand
the matter for further action.
B.
A copy of the decision shall be forwarded by certified or registered
mail to the party taking the appeal.
C.
Failure to hear an appeal and render and file a decision thereon
within the time limits prescribed in this section shall be deemed
a denial of the appeal for purposes of a complaint, application or
appeal to a court of competent jurisdiction.
D.
A record of all decisions made by the Borough Administrator, properly
indexed, shall be kept and shall be subjected to public inspection
during business hours.
Any person who violates any provision of this article shall, upon conviction thereof, be subject to a penalty as provided in § 367-18. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
