[Added 12-12-2017 by Ord. No. 4563-17[1]]
[1]
Editor's Note: This ordinance also redesignated former Articles II through VI as Articles III through VII, respectively.
The following words or phrases, when used in this article, shall have the following meanings:
AGENT or MANAGING AGENT
The individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this article. If the owner provides no such designation, the owner shall be considered the agent or managing agent. In any event, the owner shall be responsible for any acts or omission by the designated agent. 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 agent is so licensed.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, but not the entire building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment is designed for a residence, office or the operation of any industry or business or any other type of independent use.
BARRIER ISLAND
The area of the Township juxtaposed geographically between the Barnegat Bay and the Atlantic Ocean.
BUILDING
Any building or structure or part thereof used for human habitation, use or occupancy, and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
CERTIFICATE OF OCCUPANCY
The certificate issued by the Bureau of Property Maintenance confirming that the rental unit has been properly registered and determined appropriate for occupancy in accordance with the standards set forth in this article.
[Amended 2-14-2024 by Ord. No. 4799-24]
DWELLING UNIT
Any room or rooms or suite or apartment thereof, whether furnished or unfurnished, which is occupied or intended, arranged, or designed to be occupied for sleeping and dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
GUEST
A person occupying a dwelling unit.
HABITABLE ROOM
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 space.
LODGING UNIT
A room or group of rooms containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
MANAGING AGENT
See "agent."
NONSEASONAL RENTAL
A rental of residential accommodations not classified as a "seasonal" or "short-term" rental as defined in this subsection.
OCCUPANT
A person occupying a dwelling unit.
OWNER
The person who owns, purports to own or exercises control over any building.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
REGISTERED TENANT
The person or persons to whom a rental unit is leased or rented.
RENTAL UNIT
Any apartment, dwelling, building, dwelling unit, habitable room or lodging unit, as defined by this article, which is rented or offered for rent, for living and dwelling purposes regardless of the consideration for occupancy, including but not limited to money paid, services rendered, or accommodation incident to employment. A rental unit shall not include any property wherein the person(s) occupying and/or renting the property is related to the owner(s) of the property. For purposes of this article, the term "related to" shall mean either a grandparent/grandchild, a parent/child, or a sibling relationship.
SEASONAL OR SHORT-TERM RENTAL
A rental of residential accommodations for a term of less than 30 days, but no shorter than two days, between April 1 and November 30 on the Barrier Island.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated in the beds and other sleeping facilities located within any rental unit.
A. 
All rental units must be registered with, and receive a certificate of occupancy from, the Bureau of Property Maintenance in accordance with the provisions of this article. No rental units may be leased, rented, or occupied, or advertised for such purposes, without having been so registered and certified for occupancy.
[Amended 2-14-2024 by Ord. No. 4799-24]
B. 
The registration shall be documented and the certificate of occupancy issued on forms promulgated by and available from the Bureau of Property Maintenance.
[Amended 2-14-2024 by Ord. No. 4799-24]
C. 
Each registration and certificate of occupancy shall be issued a specific numeric designation. This numeric designation must appear prominently in any advertisement for the rental of the subject unit. Failure to do so constitutes a violation of this article.
D. 
Any lease which has been executed prior to the effective date of this article shall not be affected, but the rental unit must nevertheless be registered, inspected and certified as prescribed herein. No rental unit may be rented, leased, or occupied unless the rental unit is registered and certified in accordance with this article.
A. 
This article shall be effective January 15, 2018, at which point the Bureau of Property Maintenance may begin accepting initial registrations, conducting inspections, and issuing certificates of occupancy for existing rental units.
[Amended 2-14-2024 by Ord. No. 4799-24]
B. 
For nonseasonal rentals, initial registrations and certifications shall be effective for a three-year term commencing retroactively on January 1, 2018, and expiring on December 31, 2020, unless there is an intervening change of occupancy or ownership, in which case reregistration and recertification in accordance with the provisions of this article are required.
C. 
For seasonal/short-term rentals, initial registrations and certifications shall be effective for a one-year term commencing retroactively on January 1, 2018, and expiring on December 31, 2018, unless there is an intervening change of ownership, in which case reregistration and recertification in accordance with the provisions of this article are required. Reinspection and recertification are not required for changes in occupancy of seasonal/short-term rentals.
D. 
Registrations and certificates of occupancy issued thereafter shall be effective for a one- or three-year term, depending on whether classified as seasonal or nonseasonal, commencing on January 1 of the year of issuance, unless there is an intervening change of occupancy or ownership, as applicable, in which case reregistration and recertification in accordance with the provisions of this article are required.
A. 
Each nonseasonal rental shall be inspected and certified at least once every three years, upon a change of occupancy or ownership, or as otherwise necessitated by safety considerations, alleged violations and as otherwise required by this article.
B. 
Seasonal/short-term rentals shall be inspected and certified annually on or before April 30, or in the event of a change of ownership, but are not required for changes in occupancy.
C. 
The inspection shall occur prior to occupancy in which a certificate of occupancy is sought pursuant to this article.
D. 
Inspections shall include both a physical inspection and a search of Township records to confirm whether the subject property is in compliance with all applicable health, safety, building, construction, zoning, fire, safety, and property maintenance codes. Officials from other Township agencies shall, as needed, coordinate with and assist the Bureau of Property Maintenance in carrying out these inspections.
[Amended 2-14-2024 by Ord. No. 4799-24]
E. 
Should the inspection fail to result in a satisfactory determination, a certificate of occupancy shall be denied, and the property shall not be leased, rented, or occupied by any tenant until the deficiencies have been rectified and the property and rental unit have been brought into compliance with all applicable codes. In the event that the property is occupied when deficiencies are discovered, all corrections must be made within 30 days unless safety considerations require immediate correction. 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 offense.
No person shall hereafter occupy any rental unit nor shall the owner permit occupancy of any rental unit within the Township of Toms River which is not registered and certified for occupancy in accordance with this article.
All properties registered and certified for occupancy hereunder must be fully insured for rental purposes. Policies must remain valid and in full force and effect throughout the term of the certificate of occupancy.
A. 
Registration and inspection: $150.
B. 
Amended registration: $50.
C. 
Reinspections: $50.
D. 
If any fee is not paid within 30 days of its due date, a late fee charge applies in the amount of: $35.
In accordance with N.J.S.A. 46:8-28, all rental units shall be registered and certified as provided herein.
A. 
Every owner shall file with the Bureau of Property Maintenance a registration form or other forms developed by the Township for each rental unit contained within a building or structure, which shall include the following information:
[Amended 2-14-2024 by Ord. No. 4799-24]
(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 persons, shall be provided. 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 day and evening hours, which telephone numbers shall include cell phone numbers. 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, which shall include providing the cell phone numbers of each such individual. All registration addresses shall be physical addresses; post office boxes alone are insufficient.
(2) 
If the address of the owner of record is not located in the County of Ocean, the name, address and telephone number of a person who resides in the County of Ocean 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, address and telephone number of the managing agent of the premises, if any.
(4) 
The name, address and telephone number of the superintendent, janitor, custodian or other individual employed by the owner of record or managing agent to provide regular maintenance service, if any.
(5) 
The name, address and telephone number and cellular telephone number of an 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.
(6) 
The name and address of every holder of a recorded mortgage on the premises.
(7) 
As to each rental unit, a specification of the exact number of sleeping rooms contained in the 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.
(8) 
Name, address and telephone number of any and all rental agencies with the authority to lease or otherwise permit occupancy of the subject premises.
(9) 
For all rentals except short-term or seasonal rentals, the names of, contact information for, and number of occupants or tenants occupying the rental.
(10) 
Whether or not the landlord has conducted a tenant screening for each new tenant and authorized adult household member.
(11) 
Such other information as may be prescribed by the Township on the appropriate form or otherwise by ordinance or resolution.
B. 
In addition to the preceding information, the owner shall furnish the Township with proof that the property is properly insured as required by this article and that all policies are current.
[Amended 2-14-2024 by Ord. No. 4799-24]
The Bureau of Property Maintenance and the Township Clerk's office shall index and file registration forms. In doing so, the Division shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this article.
Registrations must be amended within 20 days of any change in the information furnished in accordance with this article. No fees shall be charged for amended registrations, except for changes in ownership.
Rental units registered and certified for occupancy pursuant to this article are subject to the maximum occupancy limits set forth in this subsection, which may be adjusted downward based on acceptable means of egress. The occupancy limit as computed pursuant to this subsection shall be documented on the certificate of occupancy.
A. 
Every room occupied for sleeping purposes shall contain at least 70 square feet of floor area; for rooms occupied for sleeping purposes by more than one person, add 50 square feet of floor area per additional occupant.
[Amended 11-8-2023 by Ord. No. 4790-23]
B. 
Rental units shall not be occupied by more occupants than permitted by the maximum occupancy area requirements of Table 1.
Table 1
Minimum Occupancy Area Requirements
Minimum Occupancy Area in Square Feet
Space
1 to 2 Occupants
3 to 5 Occupants
6 or more
Living room
No requirements
120
150
Dining room
No requirements
80
100
Kitchen
50
50
60
Bedrooms
Shall comply with § 335-14A
C. 
Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.
D. 
Decks/porches. The maximum allowable occupancy on any deck shall be one person per nine square feet.
E. 
Landlords may request occupancy limits lower than the maximums computed pursuant to this subsection, in which case the limit requested, if deemed acceptable, will govern and be documented upon the certificate of occupancy.
F. 
Rentals of subterranean space are permitted only to the extent that acceptable means of egress are available, the occupancy limitations imposed under this subsection are satisfied, and the subterranean occupancy does not violate another federal, state, or local code.
A. 
It shall be unlawful and a violation of this article for an owner, lessor, or tenant of any registered and certified dwelling to lease or sublease to a number of people greater than the permitted occupancy limit computed in accordance with the preceding subsection.
B. 
It shall also be a violation of this article for the owner, lessor, or tenant to lease or sublease a dwelling unit to a number or group of tenants which exceeds the total number of sleeping accommodations documented in the certificate of occupancy.
C. 
It shall also be unlawful for an owner, lessor, or tenant to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of a dwelling unit.
A. 
At each change of occupancy of all rental units except seasonal/short-term rentals, the record owner or owners of the premises shall be required to conduct a tenant screening for the new inhabitants of the unit. Such screening shall include the substantial equivalent of the following:
(1) 
A check for activity in the Landlord/Tenant Section of the Special Civil Part of the Superior Court of the State of New Jersey for the county of the tenant's last residence for a period of three years.
(2) 
All records of any conviction for any offense in the municipal court of the municipality of the resident's last residence for a period of three years.
(3) 
All records of any conviction for any offense in the Superior Court of the State of New Jersey for the county of the resident's last residence for a period of three years.
(4) 
Subsection A(2) and (3) above shall apply to the tenant(s) and all authorized adult members of the tenant's household.
B. 
Proof of an adequate screening shall be a letter indicating that such a screening was completed by a reputable tenant screening company or organization. Such a letter must be dated and shall be prepared by a screening company or organization.
C. 
No certificate of occupancy shall issue unless proof of an adequate screening has been provided.
D. 
Seasonal rentals are exempt from these tenant screening requirements.
A. 
Inspections are required to determine the condition of rental facilities and rental units in order to promote the purposes of this article to safeguard the health, safety and welfare of the occupants and surrounding residents.
B. 
These inspections shall be conducted by the Bureau of Property Maintenance with the assistance, as needed, of other agencies.
[Amended 2-14-2024 by Ord. No. 4799-24]
C. 
For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities and rental units after giving 48 hours' notice unless there is an emergency requiring immediate access. The owner or occupant of every rental facility and rental unit shall give the inspecting officer free access to the entire rental facility or rental unit, at all reasonable times for the purpose of such inspections, examinations and surveys, including inspections of the registration forms and other forms required to be supplied to each tenant.
D. 
Every occupant shall give the owner of the rental facility or rental unit access to any part of such rental facility or rental unit after giving 48 hours' notice unless there is an emergency requiring immediate access for the purpose of making such repairs or alterations as are necessary to comply with the provisions of this article; other federal, state or local law or regulation; or any lawful order issued by appropriate authority.
E. 
Within 10 days of the receipt of the complaint alleging a reported violation of this article; other federal, state or local law or regulation; or any lawful order issued by appropriate authority, the Bureau of Property Maintenance, with the assistance, as needed, of other agencies, shall conduct an inspection as provided herein.
[Amended 2-14-2024 by Ord. No. 4799-24]
A. 
No rental unit shall be occupied or used in a manner which causes unreasonable disturbances or disruptions to the surrounding properties and property owners or the public in general.
B. 
The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Township of Toms River and state and federal laws and regulations.
C. 
Any landlord, tenant, or other person violating the provisions of this subsection shall be subject to the penalty provisions of this article.
[Amended 2-14-2024 by Ord. No. 4799-24]
The Bureau of Property Maintenance, the Construction Official, the Zoning Officer, the Fire Official and the Police Department are hereby authorized to separately or jointly, as circumstances warrant, enforce this article.
In addition to the penalties prescribed by N.J.S.A. 46:8-35, any person or entity violating this article is subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and N.J.S.A. 40:69A-29, and any subsequent amendments to those statutes.