[Adopted 4-5-2017 by Ord.
No. 2017-05]
A.
Registration required. No person(s), corporation or business entity
shall offer any residential property for rent, lease or let any residential
property to any person(s) without first obtaining a landlord registration
certificate from the Township. The landlord registration form, which
is required to be completed in order to obtain a landlord registration
certificate, may be obtained from the Construction Code Official or
his designee during normal business hours. Registration shall not
be required for individual units contained within an entire structure
containing three or more units that are owned by one person or party
and where none of the individual units is a stand-alone parcel as
defined by having a unique lot identifier on the tax rolls of the
Township of Florence.
B.
The initial registration shall occur within 30 days following the final adoption of this chapter. The initial term for the landlord registration certificate shall be for a term not to exceed 18 months, or December 31, 2018. Thereafter, the landlord registration certificate shall be renewed annually and amended, as necessary, within 20 days of each change of ownership or occupancy of any rental unit. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter. The landlord registration certificate shall not include approval for the use and occupancy of a rental unit. Consistent with § 116-4 and § 116-5, a continued certificate of occupancy inspection is required for each unit. Such landlord registration certificate shall be granted or denied within 10 business days from the day of the application for the same to determine whether or not a continued certificate of occupancy (CCO), certifying that the building and premises are in compliance with all ordinances of the Township of Florence, shall first be obtained from the Construction Code Official or the appropriate official as designated by the governing body of the Township of Florence.
A.
The owner of every rental property, with the exception of owner-occupied
properties in the Township of Florence shall file a landlord registration
form with the Construction Code Official or his designee. The Construction
Code Official or his designee shall provide a copy of same to the
Chief of Police/Director of Public Safety, Township Clerk and Fire
Chief. When providing a copy of same to any other person or entity
requesting same, the Township Clerk, Construction Code Office and
Fire and Police Departments shall redact the names and addresses,
age and gender of the tenants.
B.
The landlord registration form shall be filed on an annual basis
on or before the 31st of January of each year.
C.
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 Construction Code
Official or his designee a landlord registration form, for each unit
contained within a building or structure, which shall include the
following information:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same person(s). In the case of a partnership, the names
and addresses of all general partners shall be provided, together
with the telephone numbers for each individual partner, indicating
where such individual may be reached both during the day and evening
hours. If the record owner is a corporation, the name and address
of the registered agent and corporate officers of said corporation
shall be provided, together with the telephone number for each such
individual, indicating where such individual may be reached both during
day and evening hours. If the record owner is an LLC, the name and
address of the managing member(s) shall be provided, for each such
member, indicating where such member (or its principal officers if
a corporation) may be reached both during day and evening hours. All
registration addresses shall be physical addresses; post office boxes
are insufficient.
(2)
If the address of the owner of record is not located in the County
of Burlington, the name, address and telephone number of a person
who resides in the County of Burlington 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 owner of record.
(3)
The name and address of the managing agent of the premises, if any,
and the telephone number where such individual may be reached both
during day and evening hours.
(4)
The name and address of the superintendent, janitor, custodian or
other individual employed by the owner of record or managing agent
to provide regular maintenance service, if any, and telephone number
where such individual may be reached both during day and evening hours.
(5)
The name, address and telephone number and cellular telephone number
of at least one individual representative of the owner of record or
managing agent 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 failure 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 and shall, at all times, have access to a current list of
building tenants that shall be made available to emergency personnel
as required in the event of an emergency.
(6)
The names and addresses of all holders of recorded mortgages on the
property.
(7)
The owner shall be obligated to supply the required fuel type or
energy utilized by the heating system and maintain said heating system
in good operating condition so that it can supply heat as required,
notwithstanding any contractual provision seeking to delegate or shift
responsibility to the occupant or third person, except that the owner
shall not be required to supply fuel or energy for heating purposes
to any unit where the occupant thereof agrees in writing to supply
heat to his own unit of dwelling space and the said unit is served
by its own exclusive heating equipment for which the source of heat
can be separately computed and billed.
(8)
For each such rental unit the landlord shall provide:
[Amended 3-15-2023 by Ord. No. 2023-06]
(a)
A description by number or letter and floor of each such rental
unit.
(b)
The name, age and gender of each and every tenant in each unit,
including children. The information contained in the landlord registration
form must set forth information for each unit within the rental property
and must include all tenants in each unit.
(c)
The square footage of living space within each such rental unit
and the number of rooms.
(d)
Provide a detailed floor plan with the exact number of sleeping
rooms contained in each rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof. This information
shall be provided with the initial landlord registration form and
shall be updated as part of the annual renewal process should the
floor plan change. If no changes to the floor plan were made during
the course of the preceding year, then the registrant shall not be
required to submit an updated floor plan.
(e)
Whether such rental unit is equipped with a kitchen.
(f)
Whether the rental unit is equipped with a fire-suppression
or fire sprinkler system, a fire extinguisher, a carbon monoxide alarm,
a smoke detector alarm, fixed fire escape ladders or systems for emergency
egress.
(g)
The term on the lease and a copy of the current continued certificate
of occupancy (CCO).
(h)
A copy of the most recent valid certificate of inspection issued
by the State of New Jersey Bureau of Housing, Department of Community
Affairs, if applicable.
(i)
A certification as to who is paying the property taxes and water/sewerage
charges.
(j)
The information referenced in Subsections C(8)(a) through (i) hereof may be provided by attaching the landlord registration statement mandated by N.J.S.A. 46:8-28 certifying that the information contained therein remains true and accurate or, in the event of any change, amend said registration certificate accordingly.
(k)
A copy of the completed Federal Lead Based Paint Disclosure
Form, if applicable.
(m)
Such other information as may be prescribed by the Township
on the appropriate landlord registration form or otherwise by ordinance
or resolution.
Every person required to file a landlord registration form pursuant
to this chapter shall file an amended registration form within 20
days after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment, except where
the ownership of the premises has changed.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Township,
which is not registered and licensed and for which a registration
certificate has not been issued in accordance with this article.
A.
Upon the filing of a completed landlord registration form, payment
of the prescribed fee, and a satisfactory inspection, when required
and as necessary, the owner shall be entitled to the issuance of a
certificate commencing on the date of issuance and expiring on December
31 of that calendar year. A landlord registration form shall be required
for each rental unit, and a landlord registration certificate shall
be issued to the owner for each rental unit, even if more than one
rental unit is contained in the property.
B.
At the time of the filing of the registration form, the owner or agent of the owner must pay a registration fee as provided in Chapter 2, Fees. After the initial registration, there shall be no fee for an amended registration regarding a change of occupancy; the registration fee for a change of ownership is as provided in Chapter 2, Fees.
C.
Providing registration form to occupants and tenants. Every owner
shall provide each occupant or tenant occupying a rental unit with
a copy of the landlord 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 Hotel
and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3. This section
may be complied with by posting a copy of the landlord registration
certificate in a conspicuous place within the rental unit(s).
D.
Maximum number of occupants; posting. The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this section shall be subject to the penalty provisions of § 116-9 of this chapter.
E.
Only those occupants whose names are on file with the Township as
required in this section may reside in the licensed premises. It shall
be unlawful for a nonregistered person to reside in said premises
and any owner, agent, tenant or registered tenant allowing a nonregistered
person to reside in said premises and the nonregistered person shall
be in violation of this subsection.
A.
Complaint-based inspections, inspection following a finding of nonvalid
continued certificate of occupancy and/or those inspections required
as a result of a finding of no prior continued certificate of occupancy,
shall be performed by such person, persons or agency duly authorized
and appointed by the Township pursuant to the direction of the Construction
Code Official. Inspections made by persons or an agency other than
the duly authorized and appointed person, persons or agency of the
Township shall not be used as a valid substitute.
B.
Such inspection shall be for purpose of determining if the property
complies with the Uniform Construction Code, the current Township
Property Maintenance Code, housing code and/or building code and the
Uniform Fire Safety Act. Upon compliance, the Construction Code Official
shall cause to be issued a landlord registration certificate pursuant
to the provisions of this article.
C.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not thereafter be registered, and the landlord of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected, approved, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, 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 of § 116-19 of this chapter.
