[Adopted 7-16-2008 by Ord. No. 8-2008]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, shall have
the following meanings:
AGENT
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner of this article. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey,
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his/her agent
is so licensed.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, any room or rooms in a
rooming house/boardinghouse or other dwelling unit, consisting of
one or more rooms occupying all or part of a floor in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office or the operation of any industry or business
or for any other type of independent use. Each unit shall contain
no more than one kitchen or cooking facility.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room
or rooms in a rooming house/boardinghouse, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his/her servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof.
LICENSE
The license issued by the Construction Official or Code Enforcement
Officer attesting that the rental unit has been properly registered
in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent," where applicable.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership, association, company or trust or other legal
entity who owns, operates, exercises control over or is in charge
of a rental facility.
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his/her primary residence therein. A person may have only one primary
residence in the Borough.
PERSON
An individual, firm, corporation, partnership, association,
company, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting
of less than three dwelling units kept, used, maintained, advertised
or held out to be a place where living accommodations are supplied,
whether furnished or unfurnished.
RENTAL UNIT
A dwelling unit which is available by lease, rental or otherwise
to persons other than the owner. "Rental unit" shall not include that
portion of a rental facility or dwelling unit that is owner-occupied.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless
or whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
All rental units, as defined in §
463-1 hereof, shall hereafter be registered with the Construction Official or Code Enforcement Officer on forms which shall be provided for that purpose and which shall be obtained from the Construction Official or Code Enforcement Officer. Such registration shall occur on an annual basis as provided herein.
Each rental unit shall be registered initially, yearly and with
each change of occupancy. The license term shall commence on January
1 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 be
registered initially, which shall be submitted on or before January
1, 2009.
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.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
North Haledon, 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 and a satisfactory inspection that complies
in all respects with the Property Maintenance Code, BOCA Maintenance
Code and Housing Code, Uniform Fire Safety Act, Code of the Borough
of North Haledon and laws of the State of New Jersey, 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 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 set forth in Chapter
275, Fees.
B. A reinspection fee, as set forth in Chapter
275, Fees.
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, or if the property is occupied by a person as
his/her primary residence and possesses a life estate interest in
and to said property, there shall be no fee.
[Amended 3-18-2009 by Ord. No. 6-2009; 8-17-2011 by Ord. No.
21-2011]
D. If any fee is not paid within 30 days of its due date, a late fee surcharge as set forth in Chapter
275, Fees, will be assessed, per month, up to 90 days. A failure to pay the initial fee and any late fee shall be deemed a violation of this article.
E. A failure to pay any fee as required by this article shall be deemed
a violation of this article.
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 guest house registered with the State of New Jersey, pursuant to
the Hotels and Multiple Dwellings 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 a 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.
[Adopted 12-7-2016 by Ord. No. 22-2016]
The Borough Council of the Borough of North Haledon hereby finds
and adopts, as if set forth more fully herein, the fact assertions
of the "Whereas" clauses of this article, as its findings of fact.
As used in this article, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this article, as same may be viewed through various media
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, Internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this article.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, co-operative,
converted space, or potions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s),
for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sublease or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
PERSON
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by a person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article.
If any portion of this article is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this article but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.