A.
The owner of any dwelling unit or commercial units, other than those
exempted below, shall be subject to the provisions of this chapter.
B.
The following are exempt from the provisions of § 272-17A of this chapter:
(1)
Units in owner-occupied buildings where there are four units or less
and one of these units is owner-occupied.
(2)
Units in newly constructed buildings, which are being rented for
the first time. After the first rental, such units will be subject
to the provisions of this chapter.
(3)
Units where the owner is participating in an affordable housing project
approved by the Borough of Westville.
(4)
Units in a building whose owner has transmitted his first sixty-day
notice of his intentions to convert the building into a condominium
or cooperative and his full plan of conversion to the Borough Clerk
pursuant to N.J.S.A. 2A:18-61.8.
C.
The following are exempt from the provisions of § 272-17B of this chapter:
(1)
Any unoccupied property that is under agreement of sale. This exemption
shall be limited to the first three months after a property becomes
unoccupied. Thereafter, all provisions of this chapter are applicable,
and all time requirements are considered to be extended by said three-month
period.
(2)
Any unoccupied property that is listed for sale by a realtor or by
the owner. This exemption shall be limited to the first three months
after a property becomes unoccupied. Thereafter, all provisions of
this chapter are applicable, and all time requirements are considered
to be extended by said three-month period.
A.
All such units that have been rental units shall be rented and occupied by a new tenant within six months after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant or tenants, except where this requirement has been waived by the Land Use Board under the provisions of § 272-20 below, in which event the unit shall be rented and occupied within the time period specified in the waiver.
B.
All such units that have not been rented, but become vacant for any reason, shall be occupied within six months after the property becomes vacant, except where this requirement has been waived by the Land Use Board under the provisions of § 272-20 below, in which event the unit shall be occupied within the time period specified in the waiver.
A.
The owner of any rental unit which is still vacant six months after
the end of the preceding tenancy shall notify the Zoning Officer within
five days, in writing, of said continuing vacancy.
(1)
"Vacancy," as it applies to a dwelling unit, is defined as:
(a)
Being unoccupied by any person or persons for more than 20 days
out of a month;
(b)
Receiving no electricity, gas or fuel heat; or
(c)
Appearing to manifest no evidence of occupancy by a person or
persons, such as by lack of furniture, lack of food or clothing, lack
of mail delivery or by being boarded up.
(2)
"Vacancy," as it applies to a commercial unit, is defined as:
B.
Said notification shall include the following information:
(1)
The address and location within the building of the unit.
(2)
The rent charged the preceding tenant and rent to be charged the
proximate incoming tenant.
(3)
The name, address and telephone number of the owner.
(4)
The name, address and telephone number of the owner's agent
and/or resident manager, if any.
C.
No notification shall be required with respect to any unit rented
and occupied within 60 days or less from the end of the preceding
tenancy.
D.
The owner or other representative of any unit that has not been previously
rented, which is vacant for more than 90 days, shall notify the Zoning
Officer within five days, in writing, of such vacancy. Such notification
shall include the name, address, telephone number of the owner and
any other relevant information, such as identification of attorney,
estate or relatives with knowledge of status of ownership.
A.
Within 60 days after submission of the report required under § 272-18 above, the landlord (in those cases involving rental units) shall notify the Zoning Officer that the unit has been rented and occupied, with the names of the new tenant or tenants and the terms of the tenancy. Failure to have the unit rented and occupied within 90 days after the end of the preceding tenancy, except where a waiver has been granted by the Land Use Board, shall be considered a violation of this chapter and subject to the penalties set forth in § 272-23 of this chapter.
B.
Within 60 days after submission of the report required under § 272-18 above, the owner (in those cases not involving rental units) shall notify the Zoning Officer that the unit has been occupied, with the names of the new occupant or occupants. Failure to have the unit occupied within 120 days from the time that the unit became vacant, except where a waiver has been granted by the Land Use Board, shall be considered a violation of this chapter and subject to the penalties set forth in § 272-23 of this chapter.
A.
A landlord may seek a waiver of the requirement to rent the unit
within 60 days of the end of the preceding tenancy where the condition
of the unit or other special circumstances make rental within such
time period impossible. In order to obtain a waiver, the landlord
must submit a request, in writing, to the Land Use Board within 30
days or less from the end of the preceding tenancy, setting forth
with specificity:
B.
Full documentation, such as code violation reports, engineering or
inspection reports, etc., shall be provided by the landlord. Any waiver
granted by the Board under this section shall specify a date by which
the unit shall be rented and occupied. The Board may extend that date
upon written request of the landlord, but may not provide more than
two such extensions of not more than 60 days each.
C.
In no circumstance shall any waiver, including extensions, exceed
six months from the time of granting of such waiver.
D.
The following circumstances shall constitute grounds for granting
of a waiver by the Land Use Board:
(1)
Any owner wishes to maintain a vacant unit in order to reserve said
unit for a family member. The owner shall provide in the waiver request
full documentation, such as the name of the future tenant, and the
date of occupancy.
(2)
An owner wishes to maintain a vacant unit in order to improve the
conditions of said unit. The owner shall provide full documentation
in the waiver request, such as up-to-date building and housing inspection
reports, improvement plans, all related permits and the date by which
the unit shall be rented and occupied.
(3)
An owner maintains a vacant unit in order to correct code violations
in said unit. The owner shall provide in the waiver request full documentation,
such as code violation reports, correction plans, permits and the
date by which the unit shall be rented and occupied.
E.
In the case of properties that have not been previously rented, an
owner may seek a waiver of the requirement to have the unit occupied
within 60 days from the time that it became vacant where the condition
of the unit or other special circumstances make occupancy within such
time period impossible. In order to obtain a waiver, the owner must
submit a request, in writing, to the Land Use Board within 30 days
or less from the time that the unit became vacant, setting forth with
specificity:
Any individual affected by the action or inaction of an owner
of a dwelling unit or commercial unit subject to the provisions of
this chapter, any civic organization and any appropriate municipal
agency may file a complaint of violation of this chapter with the
Westville Court.
Any landlord of any unit which has been vacant 30 days or more
from the end of the preceding tenancy, as of the effective date of
this chapter, shall be required to file the notification required
under § 272:18 of this chapter within 15 days of the effective
date of this chapter.
