The purpose of this chapter is to protect the public health,
safety and welfare by regulating the condition and habitability of
rooming and boarding houses.
As used in this chapter, the following terms shall have the
meanings indicated:
LICENSING AUTHORITY
The Department of Licensing and Inspections, Department of
Code Enforcement.
OPERATOR/MANAGER
Any person, including any corporation or association of persons
and any agency or instrumentality of state or local government, which
operates or proposes to operate a rooming or boarding house.
OWNER
The holder of title in fee simple and/or a leasehold interest
pursuant to an assignment of a lease in and to the premises, and any
lessor or sublessor of whom an operator is or proposes to become a
sublessor in connection with an application for a license, or for
renewal thereof, pursuant to this chapter.
POPULATION
The most recent population count reported by the Department
of Labor.
ROOMING OR BOARDING HOUSE
A rooming or boarding house licensed pursuant to N.J.S.A.
55:13B-1 et seq. A rooming house is defined as a boarding house wherein
no personal or financial services are provided to the residents [N.J.S.A.
55:13-3(h)].
The responsibility for the enforcement of the provisions of
this chapter shall be with the Department of Licensing and Inspections,
Division of Code Enforcement (hereinafter referred to as the "licensing
authority").
The licensing authority shall review any such application made
pursuant to this chapter as may be necessary to establish:
A. With respect to the premises for which a license is sought:
(1) That they are in compliance with all applicable federal, state, county
and City regulations, including but not limited to the City Building
Code, Land Use Code, Property Maintenance Code and any other housing,
health and safety codes and regulations. An inspection performed by
a municipal enforcement agent under a contractual agreement with the
Department of Community Affairs pursuant to N.J.S.A. 55:13B-1 et seq.,
and may be deemed by the licensing authority to satisfy the investigation
requirements of this section; such inspection shall be performed by
and be under the jurisdiction of the licensing authority.
(2) That the location of the premises will not be within 1,000 feet of
the boundary line of any other premises for which a license is in
force, except that this provision shall not apply where a rooming
or boarding house has been in lawful operation prior to the enactment
of this chapter.
(3) That all real estate taxes, sewer, water, user and connection fees
and all other municipal liens and charges are current up to and including
the quarter within which the application shall take place. If it is
determined through the investigation of the licensing authority that
any such municipal charges are outstanding, then this shall disqualify
the application until such time as the municipal charge are paid current.
(4) There is an annual inspection for each rentable room enumerated on
your license to own and/or operate a rooming and boarding house issued
by the Department of Community Affairs pursuant to 55:13B-7.
(5) The initial annual inspection fee for each rentable room is $50,
regardless of the number of changes in tenancy. The entire property
will also be inspected during annual inspections, which will include
all common areas, exterior of the property, etc.
[Amended 3-2-2016 by Ord.
No. 8-2016; 3-20-2024 by Ord. No. 08-2024]
(6) There will be a reinspection fee of $40 per rentable room, $75 for
common areas, and $75 for the exterior of the property.
[Amended 3-20-2024 by Ord. No. 08-2024]
B. With respect to the owner or owners of the premises:
(1) If a natural person or persons, that he, she or they are 21 years
of age or older, and never convicted, in this state or elsewhere,
of a crime involving moral turpitude or of any crime under any law
of this licensing or regulating a rooming or boarding house and have
never had a license required pursuant to N.J.S.A. 55:13B-1 et seq.,
revoked.
(2) If a corporation, that all officers and members of the board of directors,
and every stockholder holding 10% or more of the stock of the corporation,
directly or indirectly having a beneficial interest therein, have
the same qualifications as set forth in this subsection for an applicant
who is a natural person.
C. With respect to the operator/manager or the proposed operator/manager,
that he/she meets the requirements for licensure by the Department
of Community Affairs and requirements for licensure of a natural person
under this section.
D. That unless the owner has paid all municipal property taxes due and
owning on the rooming and boarding house or any other rooming or boarding
house located within the municipality and owned by the owner, or in
the case of an initial application, unless the applicant has paid
all municipal property taxes due and owning on the rooming and boarding
house or any due and owning on any other rooming and boarding house
located within the municipality and owned by the applicant, no application
for license may be considered by the licensing authority, provided
that the owner or applicant has received written notice of any payment
delinquency which has remained unpaid for more than 120 days.
E. That the applicant has complied with the regulations adopted in accordance
with N.J.S.A. 55-13B-1 et seq., the Rooming and Boarding Act of 1979.
[Amended 4-10-2019 by Ord. No. 12-2019; 3-20-2024 by Ord. No. 08-2024]
Any person, firm or corporation who violates or neglects to
comply with any provision of this chapter or any rule, regulation
or directive promulgated pursuant thereto shall be penalized, following
a hearing before the Municipal Court of the City of Atlantic City,
by a civil penalty of not less than $50 and not to exceed $5,000.
This chapter, being necessary for the welfare of the City and
its inhabitants, shall be liberally construed to effectuate the purposes
thereof.