[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-16-2006 by Ord. No. 01-06]
As used in this article, the following terms shall have the
meanings indicated:
Includes that portion of a dwelling unit rented or offered
for rent, for living and dwelling purposes, to one individual or family
unit, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the property.
Fit for habitation as defined by the statutes of the State
of New Jersey, codes and ordinances of the Township of Mine Hill.
Treated as separate and individual rental properties.
The cleanliness and proper working order and upkeep of all
areas and facilities of the complex used by the tenants and the public.
Those persons who have rented a rental unit from the owner
regardless of the type of tenancy under which they occupy the rental
unit.
Any person who owns any legally cognizable interest in any
rental property, including but not limited to outright ownership,
ownership through a partnership, corporation or limited-liability
company.
The primary residential living unit of the owner.
Includes tenancies of all types, including rental or lease
agreements, whether written or verbal, or day-to-day, week-to-week
or month-to-month occupancies, agreements, or arrangements pursuant
to which any person(s) other than the owner occupy a rental unit.
Includes any building or structure that contains one or more
rental units which are rented or offered for rent to one or more tenants
or family units.
Includes that portion of a dwelling, building or structure
rented or offered for rent for living and dwelling purposes to individuals
or family units.
To live or dwell permanently or to continuously occupy a
place as one's domicile for 10 or more days.
A.
License required. No person(s), corporation or business entity shall
rent, lease or let or offer to rent, lease or let any rental unit
in any rental property to any person or persons without first obtaining
a license pursuant to this article.
B.
Application information. The applicant shall provide the information
required on the application form.
C.
License fee.
[Amended 12-6-2012 by Ord. No. 30-12]
(1)
The annual license fee shall be as set forth in Chapter 235, Fees, provided that in the past year the licensee has not been convicted of any violation of this article or any other Township ordinance, statute or regulation concerning rental property. In the event of any such conviction, the annual fee shall be as set forth in Chapter 235, Fees. The annual fee shall not decrease unless the landlord and all units in the rental property have been violation-free for a period of one year.[1]
(2)
In the event the rental property is a multiple dwelling requiring
an annual renewal of the certificate of occupancy, the cost for the
annual certificate of occupancy shall be included in this license
fee unless the annual certificate of occupancy fee would be greater
than the license fee, in which case the greater fee shall be charged.
This shall not apply to any certificate of occupancy required by change
of tenant or owner, for which the normal fee shall be charged.
(3)
In the event ownership of the property is transferred during the
license year, the new owner shall apply for a license within 10 days
of transfer and the fee shall be prorated accordingly.
D.
Revocation of license. In the event conviction(s) for violations
of this or any other Township ordinance, statute or regulation concerning
rental property in the Township of Mine Hill are received by a licensee
of rental property, the Mayor and Council may revoke the license after
notice is given and an opportunity for a hearing is had. A license
shall not be revoked until five days' prior notice of the grounds
therefor is served on the licensee and a reasonable opportunity is
given to the licensee to be heard thereon.
[Amended 8-13-2015 by Ord. No. 23-15; 4-20-2017 by Ord. No. 05-17; 4-13-2020 by Ord. No. 09-20]
A.
The owner of every rental property in the Township of Mine Hill shall
file a rental property registration statement with the Township Zoning
Official, the form of which is on file with the Zoning Official. The
Zoning Official shall provide a copy of same to the Municipal Housing
Official. When providing a copy of same to any other person or entity
requesting same via an OPRA request, the Township Clerk shall redact
the names and addresses, age and gender of the tenants.
B.
The rental property registration statement shall be filed on an annual
basis on or before March 31 of each year.
C.
The rental property registration statement shall include:
(1)
The name and address of all record owners of the rental property,
building or of the rental business (including all general partners
in the case of a partnership and all members in the case of a limited-liability
company and all shareholders in the case of a corporation).
(2)
The name and address of a person who resides in the State of New
Jersey and is authorized to accept notices from a tenant or a municipality,
to issue receipts for these notices and to accept service of process
on behalf of the owner.
(3)
The name and address of the managing agent and, if applicable, the
name, address and telephone number of the superintendent, janitor,
custodian or other person employed to provide regular maintenance
services, and the name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the
rental property or any rental unit, including such emergencies as
the failure of any essential service or system, and who has authority
to make emergency decisions concerning the building or unit, including
the making of repairs.
(4)
The name, age and gender of each and every tenant in each rental
unit, including children. The information contained in the rental
property registration statement must set forth information for each
rental unit within the rental property and must include all tenants
in each unit.
(5)
The name and address of all holders of recorded mortgages on the
rental property.
(6)
If fuel oil is used to heat the rental property or rental unit and
the landlord furnishes heat, the name and address of the fuel oil
dealer servicing the rental property and the grade of oil used.
(7)
As to each rental property and rental unit, the owner shall provide
a floor plan which shall depict the number, dimensions and location
of each room in the unit. No space shall be used for sleeping purposes
which has not been so designated as a sleeping area on the sketch
provided by the owner and approved by the Construction Official/local
enforcing agency which shall be on file with the Construction Official/local
enforcing agency.
(8)
Such other information as may be required by the Township.
D.
In the event the tenancy changes during the year, the landlord, owner
or managing agent shall, within 30 days of the change in tenancy,
provide an updated rental property registration statement for every
unit in which a change in tenant has occurred. This shall be in addition
to the requirements for obtaining a certificate of occupancy for the
change of tenancy. A change in tenancy shall mean the addition of
any person not included in the annual statement, or deletion of any
person on the annual statement.
[Amended 4-13-2020 by Ord. No. 09-20]
The provisions of this article shall not apply to public housing
authorities, not-for-profit housing corporations, or rental property
legally restricted to senior housing or housing for the developmentally
disabled.
A.
Prior to and as a condition of the issuance of a license hereunder, all rental properties and rental units shall be inspected by persons or agencies duly authorized by the Township for inspections for purposes of determining compliance with Chapter 310, Part 6, Zoning, of this Code and to determine if the rental property, unit or complex complies with all laws, including but not limited to the Property Maintenance Code, Uniform Construction Code, Health Code, Housing Code and Fire Code.
B.
In the event that the inspection(s) of a rental unit does not result
in a satisfactory inspection, the owner or agent shall cause all necessary
repairs or corrections to be made within the time prescribed by the
applicable official or code, and if not made within that time period,
the owner shall be deemed in violation of this article, and every
day that the violation continues shall constitute a separate and distinct
violation subject to the penalty provisions herein.
C.
All rental units subject to this article shall be subject to inspections
to determine their condition in order to safeguard the health, safety
and welfare of the occupants of such rental units and of the general
public and to determine compliance with this article. The owner, operator,
agent and occupant shall make the units available for such inspections
and are required to provide the necessary arrangements to facilitate
such inspections. Inspections shall be made with the consent of the
occupant, who is of legal age to grant such consent, or, absent consent,
with an administrative search warrant, unless there is reason to believe
that a violation exists which poses an immediate threat to health
or safety, requiring inspection and abatement without delay. Reasonable
attempts shall be made to obtain the consent of the occupant.
D.
In the event of a refusal of entry for inspection, the inspection
officer may, upon affidavit, apply to the Judge of the Municipal Court
for a search warrant setting forth the reasonable basis for believing
that a nuisance or violation of this article exists.
A.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of any rental unit unless the unit is registered and licensed
in accordance with this article.
B.
Pursuant to Article II, Occupancy Limitations, of this chapter, the license shall set forth and the owner shall post in a conspicuous area within each rental unit a notice setting forth the maximum number of occupants of the rental unit and each permitted sleeping room within the rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted maximum number of occupants to reside in the rental unit. Said notice shall be in the form provided by the Township and shall cite the applicable ordinances, potential penalties, and shall be posted in English and Spanish.[1]
C.
Only those persons whose names are on file as required in this article
may reside in the registered premises. It shall be unlawful and a
violation of this article for any other person to reside in the premises.
This provision may be enforced against the landlord and tenant and/or
other person residing in the premises.
D.
No rental property or unit shall be conducted or maintained in a
manner to constitute a nuisance.
E.
In every written lease for each rental unit, the landlord shall include
the following:
(1)
A statement setting forth the maximum number of residents permitted
in the unit and the location and permitted occupancy of designated
and permitted sleeping areas.
(2)
A provision that the tenant agrees to reasonable inspections of the
demised premises by Township officials upon reasonable notice to tenant.
Notice shall be given to the landlord at the same time as notice to
the tenant.
[Adopted 3-6-2014 by Ord. No. 06-14]
For the purposes of this article, the following terms shall
be defined as follows:
Any building or structure, or part thereof, used for human
habitation, use, or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, and
eating.
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 spaces.
Any person or persons in actual possession of and living
in the building or dwelling unit, including the owner.
The occupancy of rental housing units in the Township of Mine
Hill shall be limited by the following:
A.
A dwelling unit shall contain not less than 150 square feet of floor
space for the first occupant thereof and not less than 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the base of total habitable room
area.
B.
Every room occupied for sleeping purposes by one occupant shall contain
not less than 70 square feet of floor space, and every room occupied
for sleeping purposes by more than one occupant having not less than
50 square feet of floor space for each occupant thereof.
C.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet. The floor area of that part
of any room where the ceiling is less than five feet shall not be
considered as part of the floor area in computing the total floor
area in the room for the purpose of determining the maximum permissible
occupancy thereof.
D.
A room located in whole or in part below the level of the ground
may be used for sleeping, provided that the walls and floors thereof
in contact with the earth have been damp-proofed, and provided that
all requirements otherwise applicable to habitable rooms generally
are satisfied.
Any individual who owns, leases, occupies, or maintains any rental housing unit within the Township of Mine Hill in violation of the occupancy limitations set forth in § 405-9 shall be deemed to have violated this article.
The Zoning Officer and Code Enforcement and Housing Officer
of the Township of Mine Hill are hereby designated as the officers
to exercise the powers prescribed by this article and shall serve
in such capacity without any additional salary.
The Zoning Officer and Code Enforcement and Housing Officer
are hereby authorized and directed to make inspections to determine
the occupancy conditions of rental dwellings and housing units located
within the Township of Mine Hill in order that he may perform his
duty of safeguarding the health and safety of the occupants of rental
dwellings and of the general public. In the event the owner or occupant
of a housing unit shall deny the Zoning Officer or the Code Enforcement
and Housing Officer access to such housing unit at a reasonable time
for the purpose of such inspection, examination, and survey, the officer
shall have the right to apply for an appropriate search warrant if
cause exists.
A.
Relocation Assistance Fund. The Township shall establish a Relocation
Assistance Fund to be administered by the Finance Officer. The fund
shall accept relocation assistance payments, as required by this article,
and distribute them to eligible displaced tenants.
B.
Eligibility for relocation assistance.
(1)
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from code enforcement and housing or code
enforcement activity for an illegal occupancy, as set forth in N.J.S.A.
2A:18-61.1, shall be considered a displaced person and shall be entitled
to relocation assistance in an amount equal to six times the monthly
rent paid by the displaced person. The owner-landlord of the structure
shall be liable for the payment of the relocation assistance pursuant
to this section.
(2)
The Township shall pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection B(1) of this section from the Relocation Assistance Fund. All relocation assistance costs incurred by the Township pursuant to this subsection shall be repaid by the owner-landlord of the structure to the Township in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. These repayments shall be deposited into the Township's revolving Relocation Assistance Fund.
(3)
In addition to relocation reimbursement from the owner-landlord of
the structure for relocation assistance paid to a displaced tenant,
the owner-landlord shall pay the Township a fine for any zoning, property
maintenance, or housing code violation for an illegal occupancy, in
an amount equal to six times the monthly rental paid by the displaced
person.
(4)
In addition to this penalty, the Township, after affording the owner-landlord
an opportunity for a hearing on the matter, may impose upon the owner-landlord,
for a second or subsequent violation for an illegal occupancy, a fine
equal to the annual tuition cost of any resident of the illegally
occupied unit attending public school, which fine shall be recovered
in a civil action by a summary proceeding in the name of the municipality
pursuant to the "Penalty Enforcement Law of 1999," N.J.S.A. 2A:58-10
et seq. The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section. The tuition cost shall be determined in the manner prescribed
for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment
of the fine shall be remitted to the appropriate school district.
For the purposes of this section, a "second or subsequent violation
for an illegal occupancy" shall be limited to those violations that
are new and are a result of distinct and separate code enforcement
and housing or code enforcement activities and shall not include any
continuing violations for which citations are issued by a code enforcement
and housing or code enforcement agent during the time period required
for summary dispossession proceedings to conclude if the owner has
initiated eviction proceedings in a court of proper jurisdiction.
For the purposes of this section, the "owner-landlord of a structure"
shall exclude mortgagees in possession of a structure through foreclosure.
