Without in any way intending to infringe upon 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 Borough Clerk
or designee of the Borough of Caldwell 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 the record owner or owners of the rental business, if not the
same persons. In the case of a partnership, the name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals where such individual may be
reached both during the day and evening hours.
B. If the address of any record owner is not located in Caldwell or
in Essex County, the name and address of a person who resides in Essex
County and who is authorized to accept notices from a tenant and to
issue receipts therefor and to accept service of process on behalf
of the record owner.
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
of the owner or agent or the owner, if domiciled in the Borough of
Caldwell, 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 future 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 is used to heat the building, the name and address of
the fuel oil dealer servicing the building and the grade of the fuel
oil 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, which shall
become part of the application and which shall be attached to the
registration form when filed by the Borough Clerk or designee.
I. The name, age and gender of each tenant who is to occupy the dwelling
unit.
J. Such other information as may be prescribed by the Borough of Caldwell.
K. The Borough Clerk or designee 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, 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. The owner shall post the certificate
of inspection or license.
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 to be included thereon. No fee
is required for the filling of an amendment, except where the ownership
of the premises is changed.
Each rental unit shall be registered yearly and with each change
of occupancy. The license term shall commence on August 1 of each
year and shall be valid for a calendar year, at which time it shall
expire and a new registration shall be required. All rental units
must file an initial registration which shall be submitted on or before
August 1 of the calendar year.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Caldwell, which is not registered and licensed in accordance with
this article.
Upon the filing of a completed registration form and payment
of the prescribed fee, the owner shall be entitled to the issuance
of a license commencing on the date of issuance and expiring on December
31 of the calendar year. A registration form shall be required for
each rental unit, and a license shall issue to the owner for each
rental unit, if more than one rental unit is contained in the property.
At the time of the filling of the registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
A. An annual registration fee as follows:
B. A reinspection fee as follows:
(1) First reinspection: no charge.
(2) Second reinspection: $25 per unit.
(3) Any additional reinspection: $50 per unit.
C. If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee.
D. If the owner of the property is registered as 501(c)(3) corporation,
and thus considered tax exempt by the IRS, or has a similar tax-exempt
status from the State of New Jersey and files annual returns if it
is incorporated, there shall be no fee.
E. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 will be assessed, per month or part of month, up
to three months. A failure to pay the initial fee and any late fee
shall be deemed a violation of this article.
F. A failure to pay any fee as required by this article shall be deemed
a violation of this chapter.
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, as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in conspicuous place within the rental unit(s).
No rental unit may be registered and no license shall issue
for a property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.