Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[1999 Code § 8.92.010]
As used in this section:
APPROVED
Means in accordance with regulations established by the Health Department.
BASEMENT
Means a portion of any dwelling located partly underground but having less than half (1/2) its clear floor-to-ceiling height below the average grade of the adjoining ground.
CELLAR
Means a portion of any dwelling having half (1/2) or more than half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
DWELLING
Means a building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
Means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest-elimination methods approved by the public officer.
FACTORY
Means any building, structure or facility in which occupants are engaged in fabrication, assembling, packaging, repackaging or processing of products or materials.
HABITABLE ROOM
Means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets and storage spaces.
MULTIPLE-FAMILY DWELLING
Means any dwelling or part thereof containing three (3) or more dwelling units.
OCCUPANT
Means any person (including an owner or operator) over one (1) year of age living and sleeping in a dwelling unit or rooming unit.
OPENABLE AREA
Means the part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Means any person having charge, care, management or control of any dwelling or part of it in which dwelling units or rooming units are let.
OWNER
Means any person who, alone, jointly or severally with others, holds legal or equitable title to any dwelling, rooming house, dwelling unit or rooming unit.
PERSON
Means an individual, firm, corporation, association or partnership.
PLUMBING or PLUMBING FIXTURES
Means gas pipes and gas-burning equipment, water-heating facilities, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water, sewer and gas lines.
PREMISES
Means a lot, plot or parcel of land, including the building and structures thereon.
PUBLIC OFFICER
Means the Health Officer of the Township, or his or her authorized representative.
ROOMING HOUSE
Means any dwelling or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband and wife, son or daughter or father, or sister or brother of the owner or operator.
ROOMING UNIT
Means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
[1999 Code § 8.92.020]
a. 
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for basic equipment and facilities:
1. 
Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which affords privacy and which is equipped with a flush water closet and a lavatory basin.
2. 
Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which affords privacy to a person in the room and which is equipped with a bathtub or shower.
3. 
Every dwelling unit shall contain within its walls a kitchen sink.
4. 
Every kitchen sink, lavatory basin and bathtub or shower required by this section shall be properly connected with both hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F) even when the dwelling heating facilities required by subsection 17-1.3e are not in operation.
5. 
All plumbing fixtures required by this section shall be properly connected to an approved water system and to an approved sewerage system, and to a gas system, if such systems are available.
6. 
Every dwelling unit shall have approved garbage and rubbish storage or disposal facilities. In every multifamily dwelling, such facilities shall be placed in an approved location.
b. 
No owner, operator or occupant shall cause any service, equipment or utility which is required by this section, to be removed, shut off or discontinued for any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies
[1999 Code § 8.92.030]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for light, ventilation and heating:
a. 
Every habitable room shall have a window or skylight opening directly to the outside. The total area of such window or skylight shall not be less than ten (10%) percent of the floor area of such room. All windows and skylights shall be enclosed with glass and shall be provided with suitable hardware and sash cords and made to open to the extent of five (5%) percent of the floor area. Every dwelling, habitable room and hall shall be equipped with a safe, artificial lighting service, and all electrical wiring, outlets and fixtures thereof shall be installed and maintained in accordance with the provisions of local municipal ordinances and statutes of this State and the code of the National Board of Fire Underwriters. In the absence of natural ventilation, every habitable room shall be ventilated by approved mechanical means.
b. 
Every bathroom and water closet compartment shall have at least one (1) window facing to the outdoors and having a minimum openable area of four (4%) percent of the floor area of such room, except where there is supplied some other device approved by the Health Department as affording adequate ventilation.
c. 
Every laundry room shall have a minimum openable area of at least two (2) square feet, except where there is supplied some other device approved by the Health Department as affording adequate ventilation.
d. 
Every dwelling shall be supplied with electricity if within three hundred (300) feet of available service from power lines. Within such dwelling:
1. 
Every habitable room shall contain at least two (2) separate floor- or wall-type electric convenience outlets, or one (1) such convenience outlet and one (1) supplied ceiling-type electric light fixture;
2. 
Every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one (1) supplied ceiling- or wall-type electric light fixture; and
3. 
Every outlet and fixture shall be properly installed and maintained in good and safe working condition.
e. 
Any person who contacts to supply heat to a building or any part thereof shall furnish heat to every occupied portion of such building so that the prescribed minimum temperatures shall be maintained during the times specified as follows:
1. 
At all times during the heating season (September 1 to June 1) between the hours of 6:00 a.m. and 11:00 p.m., every unit of dwelling space and every habitable room therein shall be maintained at least sixty-eight degrees Fahrenheit (68° F). Between 11:00 p.m. and 6:00 a.m., the temperature shall be maintained at least sixty-five degrees Fahrenheit (65° F), provided that the owner shall not be responsible for heat loss and consequent temperature drop arising out of action by occupants in leaving windows or doors open. At times other than the heating season whenever the temperature falls below forty degrees Fahrenheit (40° F), the interior dwelling space shall be maintained at fifty-five degrees Fahrenheit (55° F). Official recording of temperatures shall be taken at the center of a room at a location three (3) feet above floor level;
2. 
In any other building, except those specified herein, during the usual working hours of occupants, a temperature of at least sixty-eight degrees Fahrenheit (68° F) whenever the outside temperature falls below fifty degrees Fahrenheit (50° F).
(a) 
Commercial establishments: sixty-eight degrees Fahrenheit (68° F),
(b) 
Factories: sixty-eight degrees Fahrenheit (68° F),
(c) 
Warehouses: fifty-five degrees Fahrenheit (55° F), unless otherwise specifically required for product safety;
3. 
The owner, agent, lessee, superintendent or janitor of a one- or two-family home which is occupied in whole or part by a tenant or tenants.
f. 
All fuel-burning heating facilities shall be permanent installations attached to an outside flue. No portable room-heating units using liquid fuel shall be permitted in any dwelling unit. All structures with three (3) or more dwelling units shall have a central heating facility sufficient to maintain adequate heat in all units within the structure.
g. 
A multiple dwelling owner shall cause the furnace, boiler or other central heating system under his or her control in such building to be inspected by a qualified person between May 1 and September 1 of each year. In addition to testing the efficiency of the heating system to provide the heat required in paragraph e1 above, the central heating system or water heating appliance and its flues, vents and dampers shall be inspected for escape of carbon monoxide gas. The findings shall be recorded on forms approved by the Edison Division of Health within fifteen (15) days following the inspection and shall be kept on file by the owner for a period of one (1) year, and a copy thereof shall be forwarded to the Edison Division of Health prior to the fifteenth day of September. All defects indicated by the inspection required herein shall be repaired before the fifteenth day of September of each year.
h. 
At any time that heat is required as prescribed, the heating unit shall be in proper working order. In the event that the heating equipment fails to operate in good working order, it shall be the duty of the owner to have same working properly within twenty-four (24) hours of notice.
i. 
Auxiliary Heating Devices.
1. 
At any time when the heating equipment fails to operate as required within this section and has not been repaired within the time period specified within paragraph h. above, it shall be the duty of the owner to supply heat to the tenants by either of the following acceptable temporary alternative methods:
(a) 
No less than two (2) portable electric heaters per dwelling unit shall be supplied at no cost to the tenants thereof provided that the electrical wiring is sufficient; or
(b) 
Auxiliary boilers must be connected to the existing heating plant.
2. 
It shall be the duty of the owner to have the auxiliary heating devices specified in paragraph 1. above on the premises and in operating condition at the termination of the time period specified for repairs to be completed within paragraph h. above.
[1999 Code § 8.92.040]
No person shall occupy as owner-tenant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for safety from fire:
a. 
No dwelling unit or rooming unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids in any quantity which endangers the lives of the occupants.
b. 
Every dwelling unit and every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level.
c. 
Every hallway, stairway, corridor, exit, fire escape door and other means of egress shall be kept clear at all times.
d. 
Storage rooms and storage lockers shall not be used for storage of junk, rubbish or waste.
e. 
Closets or storage beneath stairways are prohibited in any multifamily dwelling or any rooming house.
f. 
There shall be at least two (2) means of egress available from each story of every multifamily dwelling and of every rooming house if the dwelling is four (4) or more stories in height, or is three (3) stories or more in height and has at least five (5) habitable rooms on the third story. A basement used as a dwelling unit shall not count as a story for the purpose of this subsection.
[1999 Code § 8.92.050]
a. 
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for space, use and location:
1. 
Every dwelling unit shall contain at least one hundred fifty (150) square feet of habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable floor area for each of the next three (3) occupants and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant.
2. 
In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.
3. 
Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than ten (10%) percent of the required habitable floor area. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet; and the floor area of any part of any room where the ceiling height is less than four and one-half (4 1/2) feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
4. 
No dwelling or dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a sleeping room can be had only by going through a bathroom or water closet compartment.
5. 
No sleeping room shall be occupied by more than two (2) adults, except that one (1) child under eight (8) years of age in addition to the two (2) adults may be permitted, and except that rooms occupied by persons of the same sex or by children under twelve (12) years of age may be occupied by more than two (2) persons where space permits.
6. 
No cellar shall be used as a habitable room or dwelling unit.
7. 
No basement shall be used as dwelling unit unless:
(a) 
The floors and walls are substantially watertight;
(b) 
The total window area, total openable area and ceiling height are in accordance with the section; and
(c) 
The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells or accessways.
b. 
No owner or occupant shall permit the use of any room for sleeping purposes, which room is commonly known as the kitchen, and/or any room that is used for the cooking and preparing of food and/or the serving and consumption of food.
c. 
No owner or occupant shall permit the use of any room for sleeping purposes used as a storage closet, utility, work room, bathroom, toilet room and/or any hallway, passageway or foyer.
d. 
Not more than one (1) family, plus two (2) occupants unrelated to the family, except for guests or domestic employees, shall occupy a dwelling unit unless a license for a rooming house has been granted by the appropriate authority.
[1999 Code § 8.92.060]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for safe and sanitary maintenance:
a. 
Every foundation, exterior wall and exterior roof shall be substantially weathertight, watertight and rodentproof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
b. 
Every floor, interior wall and ceiling shall be substantially rodentproof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
c. 
Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair.
d. 
Every inside and outside stair, porch and any appurtenances thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.
e. 
Every plumbing fixture shall be properly installed and maintained in sanitary working condition, free from defects, leaks and obstructions, and in accordance with the Plumbing Code for the Township.
f. 
Every water closet compartment shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
g. 
Every supplied facility, piece of equipment or utility which is required under this section, and every chimney and smoke pipe, shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition.
h. 
Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.
i. 
During that portion of each year when, as determined by the Health Advisory Board, it is necessary for protection against mosquitoes, flies and other insects, every door opening directly from any dwelling to outdoor space shall be supplied with a screen, together with a self-closing device in good working condition; and in each room at least one (1) window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be provided with a screen.
j. 
Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement or cellar which might provide an entry for rodents, shall be supplied with a screen or other device which will effectively prevent their entrance.
[1999 Code § 8.92.070]
a. 
No owner, operator or occupant shall furnish or use any cooking equipment which does not comply with the following minimum standards:
1. 
Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition.
2. 
Portable cooking equipment employing flame and the use of gasoline as fuel for cooking is prohibited.
b. 
No owner or occupant shall install or maintain any gas appliance in any room used for sleeping purposes.
[1999 Code § 8.92.080]
a. 
Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and yard which he or she occupies and controls.
b. 
Every owner or operator of a two-family dwelling, multifamily dwelling or rooming house shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard.
c. 
Every occupant of a dwelling or dwelling unit shall dispose of all rubbish, ashes, garbage and other organic waste in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. Every occupant shall provide such facilities and shall maintain them in a clean and sanitary manner. The owner or operator of a multifamily dwelling shall furnish common storage or disposal facilities and shall be responsible for the clean and sanitary maintenance of them. Every owner or operator of every rooming house shall dispose of all rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary.
d. 
Every occupant of a dwelling containing a single-dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard. In a two-family dwelling or a multifamily dwelling, the occupant shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner or operator to maintain a dwelling in a rodentproof or substantially insectproof condition, extermination shall be the responsibility of the owner or operator.
e. 
Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public area of any two-family dwelling or any multifamily dwelling.
f. 
Every owner or operator of a rooming house shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard.
g. 
Every occupant of a dwelling unit shall keep all plumbing fixtures in it in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation.
h. 
Every occupant of a dwelling unit shall be responsible for hanging and removing all screens required for his or her dwelling unit by this section, except where the owner or operator has agreed to supply such service.
i. 
Every owner or operator of a two-family dwelling or multifamily dwelling shall be responsible for hanging and removing all screens required by this section for windows and doors opening to outdoor space from shared or public areas.
j. 
During that time of the year when it is necessary, as determined by regulations issued by the Health Advisory Board, every owner or operator of every two-family dwelling, multifamily dwelling and rooming house shall supply adequate heat to every habitable room therein except where there are separate facilities for each dwelling unit, which facilities are under the sole control of the occupant of such dwelling unit.
k. 
No accumulation or obstruction from garbage, refuse and other matter shall be permitted on common stairways, areaways, balconies, porches, hallways, basements or cellars which may pose a health, safety or fire hazard.
l. 
All porches, landings, stairs, fire escapes and balconies shall be kept structurally sound and in good repair.
m. 
All buildings shall be kept in good repair and maintained for the purpose of preservation and appearance to protect the neighborhood from blight.
n. 
It shall be the duty of the owner or his or her agent to ascertain that driveways and parking areas are maintained free of potholes or other unsafe conditions throughout the year.
[1999 Code § 8.92.090]
a. 
No person shall operate a rooming house unless he or she holds a valid rooming house permit issued by the Health Officer and the Zoning Officer in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Health Officer and the Zoning Officer for such a permit, which shall be issued by the Health Officer and the Zoning Officer upon compliance by the operator with the applicable provisions of this section and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit shall be transferable. Every person holding such a permit shall give notice in writing to the Health Officer and the Zoning Officer within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire at the end of one (1) year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.
b. 
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Health Officer and the Zoning Officer, under the procedure provided by paragraph c. below.
c. 
Whenever upon inspection of any rooming house the Health Officer and the Zoning Officer find that conditions or practices exist which are in violation of any provision of this section or of any rule or regulation adopted pursuant thereto, the Health Officer and the Zoning Officer shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Health Officer and the Zoning Officer, the operator's rooming house permit will be suspended. At the end of such period the Health Officer and the Zoning Officer shall reinspect such rooming house, and if they find that such conditions or practices have not been corrected, they shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.
d. 
Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Health Officer and the Zoning Officer that his or her permit is to be suspended unless existing conditions or practices at his or her rooming house are corrected, may request and shall be granted a hearing on the matter before the Health Officer and the Zoning Officer, under the procedure provided by this section; provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
e. 
At least one (1) flush water closet, lavatory basin and bathtub, or shower, properly connected to a water and sewer system approved by the Health Officer and the Zoning Officer and in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Health Officer and the Zoning Officer.
f. 
The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
g. 
Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof.
h. 
Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the State of New Jersey and the Township.
[1999 Code § 8.92.100]
a. 
The public officer is authorized and directed to make inspections to determine compliance with this section. For this purpose he or she is authorized, upon showing adequate identification, to enter and examine any dwelling, yard or part of either at all reasonable times, and every owner, operator or occupant shall provide him or her free access to it.
b. 
Every occupant of a dwelling or dwelling unit shall give the owner thereof or his or her agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[1999 Code § 8.92.110; Ord. No. O.1857-2014]
a. 
Definitions. As used in this section:
CERTIFICATE OF APPROVAL
Means the document issued by the Division of Health when inspections indicate rental dwelling unit is in substantial compliance with applicable codes, regulations, statutes and ordinances.
PERSON
Means any individual, corporation, company, association, society, firm, partnership, joint stock company or agent of any of the preceding.
RENTAL DWELLING UNIT
Means any dwelling or dwelling unit used or intended to be used for human occupancy and which is to be rented, leased or subleased, provided, that habitable rooms for rent in motels, hotels, travel lodges, rooming houses, boardinghouses, etc., where rapid turnover in rental units is customary are expressly excluded from the effect of this section.
REOCCUPANCY INSPECTION FORM
Means the inspection form used by the Edison Division of Health inspectors as a checklist to determine compliance with applicable codes, regulations, statutes and ordinances. This form shall be issued in triplicate.
REOCCUPANCY INSPECTION LOG BOOK
Means a journal maintained for each rental dwelling unit rented. Each unit shall have entries indicating if a unit is rented or not, if rented, to whom, and the date on which any changes in rental status occurred.
b. 
Reoccupancy Inspection. No person who owns, purports to own or exercises control of any residential rental dwelling unit shall rent, lease or sublease any rental dwelling unit until a reoccupancy inspection is performed by the Division of Health and a certificate of approval is issued therefor.
c. 
Required Notice and Fees for Inspection and Reinspection. Requests for inspection shall be made to and upon forms provided by the Division of Health at least seven (7) business days prior to the expected date of reoccupancy of the building. A charge of seventy-five ($75.00) dollars shall be paid by the person responsible for renting the dwelling unit at the time a reoccupancy inspection is requested. Any violation emanating from the failure of any person to apply for a certificate of approval shall not be subject to appeal under the provisions of subsection 17-1.12, but shall only be heard in Municipal Court. An additional charge of one hundred ($100.00) dollars shall be paid prior to each mandated reinspection until a certificate of approval is issued for the dwelling unit. All charges for reinspection shall be payable solely by the landlord.
d. 
Maintaining Reoccupancy Log Book Required. The person responsible for renting dwelling units shall maintain a reoccupancy inspection log book accessible to inspectors of the Division of Health at all reasonable times. This log book shall be produced no later than one (1) business day after a request by the Division of Health made orally or in writing.
e. 
Records to Be Maintained for No Less Than Two (2) Years. The reoccupancy inspection log book shall be kept, starting with the first day this section is enforceable. Thereafter it shall be corrected to indicate any change in rental status or tenants and past records for no less than two (2) years shall be kept.
f. 
Distribution of Inspection Form and Copies. The triplicate copies of the reoccupancy inspection form shall be distributed as follows:
1. 
Original to be retained by the person renting the dwelling unit;
2. 
One (1) copy to be retained by the Division of Health;
3. 
It shall be the responsibility of the renter to issue the last copy to the tenant and retain a signed receipt therefor. This receipt shall be maintained in the reoccupancy inspection log book and must also be retained for no less than two (2) years.
[1999 Code § 8.92.120]
a. 
If a preliminary investigation shall disclose to the public officer that there exists a violation of any provision of this section, he or she shall serve written notice of such violation upon the violator. The notice of violation shall specify the violation which exists, shall specify a reasonable time for compliance and shall contain a notice that a hearing will be held before the public officer at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of notice of violation. If after the expiration of such compliance period, the Municipal Court has determined that the abatement of the violation has not been substantially completed, a maximum fine of two thousand ($2,000.00) dollars may be imposed by the Judge of the Municipal Court for each such violation.
b. 
The owner or any other party of interest affected by the health advisory violation may appeal to the Department of Health for a review of the decision of the public officer in accordance with the procedures prescribed by the Health Advisory Committee, except as provided in paragraph e. Compliance with the notice of violation shall not be required when an appeal is pending before the Department of Health or a court.
c. 
The Department of Health may modify any notice so as to authorize a variance from the terms of this section when, because of special conditions, undue hardship would result from literal enforcement and when such variance substantially meets the spirit of this section.
d. 
After the expiration of that time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the public officer shall order the violation corrected as specified in subsection 17-1.13 or shall institute prosecution for the violation, or both. However, the Department of Health may grant a reasonable extension of time for compliance in cases of hardship.
e. 
Whenever the public officer finds that there exists any violation of this section which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a dwelling or the public, he or she may issue a notice of violation stating the facts which constitute the emergency and requiring necessary action to be taken immediately. Any person to whom such notice is directed shall comply immediately even though an appeal is taken to the Department of Health. Any person aggrieved by such notice of violation may appeal to the Department of Health as provided in paragraph b. The Department of Health shall give priority to such appeal.
[1999 Code § 8.92.130]
a. 
When upon reexamination, after the expiration of the time for compliance, the public officer finds that the violation has not been corrected, then he or she is authorized to cause such dwelling to be repaired, altered or improved or to be vacated or closed.
b. 
Whenever the public officer finds that any dwelling constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, insanitary, vermin-infested or lacking in the facilities required by this section, he or she shall designate such dwelling unfit for human habitation and shall cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful." If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished.
c. 
The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, when done by the public officer, shall be a municipal lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the public officer, he or she shall sell the materials of such dwelling and shall credit the proceeds of such against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court of New Jersey, Chancery Division, by the public officer, shall be secured in such manner as may be directed by such Court and shall be disbursed by such Court to the persons found to be entitled thereto by final order or decree of such Court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
d. 
Complaints or orders issued by the public officer pursuant to this section shall be served upon the owner or operator either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper of general circulation in the Township. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the County Clerk of Middlesex County.
[1999 Code § 8.92.140]
a. 
Where a provision of this section is found to be in conflict with a provision in any building or zoning ordinance or in any other ordinance of the Township existing on the effective date of this section, or in any regulation issued under the authority of such ordinances, the provision which establishes the higher standards for the protection of health, safety and welfare shall prevail.
b. 
All camps, boardinghouses, dormitories, hotels, motels and trailer parks shall comply with the regulations essential to public health and welfare as prescribed by this section and all other applicable ordinances.
[1999 Code § 8.92.150]
a. 
The provisions of this section notwithstanding, no owner of a rental unit which has been deemed in violation of the standards set forth in this section, shall increase the rent on said unit until such time as all violations have been abated.
b. 
Any application for rent increase pursuant to Section 17-4 of the Code of the Township of Edison shall contain a statement that there are no pending, unabated violations of the provisions of this section.
[1999 Code § 8.112.060]
It is unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a residence, or for any person to reside in any building as its owner, which does not comply with the Housing Code of Edison Township.
[1999 Code § 5.36.010]
This section, being necessary for the welfare of the Township and its inhabitants, shall be liberally construed to effectuate the general intended purposes.
[1999 Code § 5.36.020]
As used in this section:
LANDLORD
Means the person or persons who own or purport to own any multiple dwelling, as defined herein.
MULTIPLE DWELLING
Includes any building or structure or trailer or land used as a trailer park, rented or offered for rent to one (1) or more tenants or family units. Excluded from this definition and from the operation of this section are motels, hotels and similar-type buildings and those buildings in which one-third (1/3) or more of the occupied space is devoted to commercial purposes and housing units are less than three (3) units.
[1999 Code § 5.36.030]
Every landlord within the Township shall, by January 15 of each and every year, file under oath with the Municipal Clerk of the Township and the Secretary to the Rent Control Board of the Township a statement containing the following information, on forms provided by the municipality and available at the Township Clerk's office:
a. 
The address of the premises; the name and address of the owner of the premises; the name and address of the superintendent and/or the name and address of the agent in charge of the premises; the number of apartments in the premises; the number of square feet in the entire premises, building or combination of buildings;
b. 
The number or other designation of each apartment;
c. 
The total square footage for each apartment;
d. 
The current base rent chargeable for each apartment;
e. 
The immediately previous base rent charged for each apartment;
f. 
The most current tax surcharge chargeable to each apartment, if any;
g. 
The most current energy surcharge chargeable to each apartment, if any;
h. 
Any capital improvement surcharge chargeable to the apartment;
i. 
The effective date of the most recent lease, if any;
j. 
If no lease, then the date that the last increase in the base rent became effective.
[1999 Code § 5.36.040]
A copy of the registration statements shall be kept at the office of the Municipal Clerk and shall be available for public inspection and copying during normal business hours.
[1999 Code § 5.36.050]
Any violation of any of the provisions hereof, including but not limited to material misstatements contained in the registration statement required herein, shall be punishable in the Municipal Court by fines of not more than two hundred ($200.00) dollars for a first offense and not more than the penalty stated in Chapter I, Section 1-5.
[1999 Code § 5.52.010]
As used in this section:
AVAILABLE FOR RENT TO TENANT
Means fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Middlesex and Township of Edison, and occupied or unoccupied and offered for rent.
BASE RENT
Means for the first twelve (12) months after the effective date of this section, the present monthly rental, excluding hardship surcharge and improvement surcharge. Thereafter, "base rent" shall mean the base rent for the prior twelve (12) month period, excluding hardship surcharge and improvement surcharge.
COMPLETION OF CONSTRUCTION
Means issuance of a certificate of occupancy pursuant to the "State Uniform Construction Code Act," N.J.S.A. 52:27D-133;
CONSTRUCTED
Means constructed, erected or converted but excludes rehabilitation of premises rented previously for residential purposes without an intervening use for other purposes for a period of at least two (2) years prior to conversion. Mere vacancy shall not be considered an intervening use for the purposes of this subsection;
CONSTRUCTED FOR SENIOR CITIZENS
Means constructed under a governmental program restricting occupancy of at least ninety (90%) percent of the dwelling units to senior citizens and any members of their immediate households or their occupant surviving spouses, or constructed as a retirement subdivision or retirement community as defined in the "Retirement Community Full Disclosure Act," N.J.S.A. 45:22A-1 et seq.
DWELLING
Includes any building or structure or manufactured home or land used as a manufactured home community, rented or offered for rent to one (1) or more tenants or family units. Excluded from this definition, and from the operation of this section, are motels, hotels and similar types of buildings, those buildings in which one-third (1/3) or more of the occupied floor space is devoted to commercial purposes and housing units which are less than three (3) units.
EQUITY IN REAL PROPERTY INVESTMENT
Means the actual cash contribution of the purchaser-landlord at the time of closing of title and any principal payments to outstanding mortgages.
HOUSING SPACE
Means that portion of a dwelling rented or offered for rent for living and dwelling purposes to an individual or family unit, together with all privileges, services, furnishing, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
JUST CAUSE
Means any action by or on behalf of a landlord in refusing to let, rent, re-let or re-rent residential premises to a tenant, or any action toward a dispossess, including but not limited to the following:
a. 
Failure on the part of the tenant to pay rent due and owing whether the same shall have become due by virtue of a written lease, an oral letting or a month-to-month tenancy;
b. 
Disorderly, disturbing, damaging or malicious conduct on the part of the tenant that is harmful to the peace and tranquility of the landlord, other tenants or neighbors or destructive of personal property;
c. 
Intentional or neglectful conduct that creates or permits dirt, filth, noise, damage or destruction of any kind;
d. 
Frequent or repeated violations by the tenant of contractual obligations contained in the lease or of reasonable rules or regulations established by the landlord previously having been agreed to;
e. 
Substantial breach of terms and conditions contained in a lease;
f. 
Clear and convincing proof that the owner intends to occupy the premises personally. Any owner seeking eviction of a tenant or possession of the premises on the ground that it shall be for his or her own use must occupy the premises within sixty (60) days and for not less than one (1) year;
g. 
Owner seeks to close the premises down and will not permit any further occupancy in the future.
MUNICIPAL DWELLING
Means any building or structure and land appurtenant thereto containing four (4) or more dwelling units, other than dwelling units constructed for occupation by senior citizens, rented or offered for rent to four (4) or more tenants or family units;
PERIOD OF AMORTIZATION
Means the time during which the principal amount of the mortgage loan and interest thereon would be paid entirely through periodic payments, whether or not the term of the mortgage loan is for a shorter period concluding with a balloon payment; and
PRICE INDEX
Means the consumer price index (all items) for that region of the United States in which the Township is included, which index is periodically published by the Bureau of Labor Statistics of the United States Department of Labor.
SENIOR CITIZENS
Means persons sixty-two (62) years of age or older.
[1999 Code § 5.52.020]
a. 
Rates and Increases. Establishment of rents between the landlord and tenants to whom this section is applicable shall be determined by the provisions of this section.
b. 
Maximum Rent Increase. Beginning with the sixtieth (60th) day preceding the adoption of this section, at the expiration of a lease or at the termination of the lease of a periodic tenant, no landlord shall request or receive a percentage increase in rent above the base rent which is greater than the percentage five (5%) percent per annum.
c. 
Other Charges.
1. 
No landlord shall charge to any tenant a separate charge or fee for any privilege, service or facility normally connected with the use or occupancy of a dwelling.
2. 
Any separate charge or fee presently in effect for services or facilities, such as garage spaces, parking spaces, swimming pool membership or similar services and facilities, if mandatory, shall be subject to the same percentage increase as shall the base rent.
3. 
No landlord shall charge any application fee to prospective tenants unless said fee bears a reasonable relationship to some expense incurred by the landlord in processing the application. Any fee in excess of twenty-five ($25.00) dollars shall be presumed unreasonable and subject to prosecution unless the landlord can establish the reasonableness of same.
4. 
No tenant shall be charged any brokerage commission or charge. Any such charge shall be borne solely by the landlord.
5. 
No landlord may rent a dwelling as a furnished dwelling for any additional charge or rental unless the dwelling is equipped with furniture sufficient in and of itself to make the dwelling habitable. No landlord may sell any item of personality to a tenant for more than the cost of same to the landlord, less a reasonable adjustment for depreciation. No landlord shall rent or lease any item of personality to a tenant for a monthly charge or fee more than one-thirty-sixth of the cost of same to the landlord, less a reasonable adjustment for depreciation.
d. 
Rent Rolls. All Landlords of rental units subject to regulation by this section shall provide the Fair Rental Housing Board with certified yearly rent rolls on February 1, 2003 and on February 1 every year thereafter. The rent rolls shall include all units.
[1999 Code § 5.52.025]
a. 
Notwithstanding the language contained in subsection 17-4.2, the provisions of this section limiting rent increases shall not apply upon the vacancy of a dwelling unit and its subsequent re-rental to a new tenant. Upon the re-rental of the dwelling unit to a new tenant, the landlord is free to rent the unit at a rental price mutually agreeable to the landlord and the prospective tenant for the initial one (1) year term of the lease. Thereafter the provision of this section shall apply.
b. 
Upon the vacancy and re-rental of a dwelling unit the landlord shall within thirty (30) days after the commencement of the new lease file an amendment to its multiple-dwelling registration statement as required to be filed pursuant to Section 17-2, Multiple Dwelling Regulations. The amendment shall be on a form prescribed by the Fair Rental Housing Board and shall indicate the apartment number, the new base rental, the date of the commencement of the new lease and such other information as the Fair Rental Housing Boards deems reasonable to include.
c. 
Upon the vacancy and re-rental of a dwelling unit, the landlord shall file with the Fair Rental Housing Board a certification on a form prescribed by the Board stating that the vacancy was accomplished by voluntary choice of the former tenant or by legal process of law or by willful abandonment by the former tenant. The certification shall also contain a statement by landlord that the vacancy was not induced by harassment or annoyance by landlord.
d. 
It is unlawful for any landlord or his or her agents to willfully harass, annoy, intimidate or take any similar action designed to induce a tenant to quit the premises except such action as a landlord is entitled to pursue under the laws of the State of New Jersey.
e. 
A landlord shall not unreasonably deny a request by a tenant to transfer to a different unit in the complex. Should a tenant request and should the landlord approve a move by tenant from one apartment in a multiple dwelling to another apartment in a multiple dwelling, the apartment vacated by the tenant shall no longer be subject to the application of this section, whereas the apartment to which the tenant removes himself shall remain subject to the application of this section.
[1999 Code § 5.52.030]
Any rental increase at a time other than at the expiration of a lease or termination of a periodic lease is prohibited and void. Any rental increase in excess of that authorized by the provisions of this section is prohibited and void.
[1999 Code § 5.52.040]
Any landlord seeking an increase in rent shall first notify the tenant, by ordinary mail, with proof of mailing, of the calculations involved in computing the allowable increase against the previous year's base rent. The notice shall be sent no later that sixty (60) days prior to the date that the increased rent sought is to be effective, and notice shall detail the prior rent, the amount of the increase in dollars and the new base rent sought.
[1999 Code § 5.52.050]
In the event that a landlord perfects a successful tax appeal, the tenant shall receive one hundred (100%) percent of all reductions as applied pro rata to the tenant's living space so leased, after deducting all reasonable expenses incurred by the landlord in perfecting the tax appeal.
[1999 Code § 5.52.060]
a. 
Financial Hardship.
1. 
After public hearing and upon a finding that a landlord cannot meet his or her mortgage payments, taxes, current operating expenses on the multiple dwelling or cannot otherwise earn a fair and reasonable rate of return upon his or her investment in the dwelling, the Fair Rental Housing Board may grant to the landlord a specific hardship increase for each unit of housing space in the dwelling, based upon the number of square feet of each unit of housing space.
2. 
The hardship surcharge so allowed shall not be considered base rent for purposes of computing the annual percentage increase provided in subsection 17-4.2, nor shall such surcharge be continued for a duration in excess of one (1) year without first being reconsidered by the Fair Rental Housing Board after due and timely notice to tenants as hereinafter provided. The Board may, upon good cause shown and upon notice to tenants, continue a surcharge for more than one (1) year without being reconsidered by the Board, but such extension shall not exceed one (1) additional year and shall be granted only if the landlord agrees to terms and conditions required in the discretion of the Board, including security and a rollback in the event that it is subsequently determined that the hardship surcharge was not warranted for more than the initial one-year period.
3. 
Any application by a landlord for a hardship increase shall be accompanied by such financial statements and other documentation as the Fair Rental Housing Board shall require. Such application shall be accompanied by a sworn statement or certification that each tenant was notified of the date, time and place of the public hearing at least five (5) business days prior thereto, and the notice shall contain the amount of surcharge requested by the landlord for each apartment. The notice shall advise each tenant of the right to examine copies of all documentation submitted to the Fair Rental Housing Board. As a condition precedent to each application being considered, the landlord must make a copy of the complete application, including copies of financial documentation, available to the tenants affected during normal business hours.
4. 
In determining the inability of the landlord to earn a fair and reasonable rate of return upon his investment in the dwelling such as to justify the hardship increase, the Fair Rental Housing Board may consider the following factors:
(a) 
Taxes;
(b) 
Costs of maintenance and operation of the property;
(c) 
The kind, quality and quantity of the services being furnished or withheld by the landlord;
(d) 
The number and frequency of prior hardship or capital improvement increases for the multiple dwelling;
(e) 
The landlord's original and current investment;
(f) 
The dates, amounts, terms and interest rates of all past and current mortgages;
(g) 
The amount of current professional and management fees and the relation, if any, between the landlord and the recipients of such fees;
(h) 
The age of the dwelling as well as its original and current appraisal value;
(i) 
The present and past rates of vacancy;
(j) 
The efficiency of current management;
(k) 
Cash flow history;
(l) 
Fair return, meaning the percentage of return on equity in real property investment. The amount of return shall be measured by the net income before depreciation. The Board shall consider a fair rate of return in an efficiently run multiple dwelling to be six (6%) percent above the maximum passbook demand deposit savings account interest rate available in the municipality. The six (6%) percent is provided to reflect the higher risk [three (3%) percent] and lesser liquidity [three (3%) percent] of the real property investment in comparison to savings account investments. This factor is to be considered along with the other factors provided herein;
(m) 
Other factors which the Board, through its experience, shall determine to affect the rate of return.
5. 
The Board shall make its determination in writing, and the landlord shall serve a copy of the determination to each tenant by ordinary mail or personally.
b. 
Improvements.
1. 
The landlord may also seek rental increases where major capital improvements have been provided or where additional services, not previously accorded, have been instituted. As a prerequisite for such an increase, notices outlined in paragraph a. above must be given, which notices must contain the total cost of the completed capital improvement or service, projection of useful life of the project in years as claimed by the landlord for purposes of depreciation for income tax purposes, the average cost of the improvement, the total number of square feet of the dwelling or the dwelling complex, the total square feet demised to the tenant and the capital improvement increase that the landlord is seeking from each tenant.
2. 
On receipt of such an appeal, the Fair Rental Housing Board shall determine if the improvement is major in character, and if so, may permit the increase up to but not in excess of fifteen (15%) percent of the amount of the rent on the hearing date.
[1999 Code § 5.52.070]
a. 
Establishment of Account upon Hardship or Improvement Surcharge Application.
1. 
Upon submission of an application, the applicant shall be required to establish an escrow account with the Township.
2. 
Upon receipt of such an appeal, the Fair Rental Housing Board shall determine if the improvement is major in character, and if so, may permit the increase up to but not in excess of fifteen (15%) percent of the amount of the rent on the hearing date.
3. 
The applicant shall forthwith deposit such funds in the escrow account maintained by the Tax Collector of the Township. The professional experts shall submit vouchers for all reasonable and necessary fees for the professional services rendered, which fees shall be paid from the escrow account in the manner prescribed by N.J.S.A. 40A:5-16 through 18.
4. 
The professional expert shall, at the time of submission of any such voucher, forward a copy of same to the applicant. In the event that the applicant questions the reasonableness of any such voucher, the applicant shall, not later than five (5) days after receipt of a copy of said voucher, make written protest of such voucher to the Board. In no event shall the Board authorize the payment of any voucher submitted pursuant to this subsection sooner than ten (10) days from its submission.
5. 
Any of the aforesaid moneys left in the escrow account upon completion of the application shall be returned to the applicant as soon as it is practicably possible.
6. 
Should additional funds be required after the original funds are exhausted and should such funds be deemed necessary in the judgment of the Board, then such funds shall be paid by the applicant to the Tax Collector of the Township and placed in the escrow account.
7. 
The Board shall take no formal action on any application unless and until all escrow funds have been deposited with the Tax Collector of the Township.
b. 
Fee for Application for Improvement.
1. 
At or before the filing by a landlord for a capital improvement increase, the landlord shall pay to the Township Clerk a fee for the application in the amount of fifty ($50.00) dollars for each separate capital improvement for which the landlord claims an increase.
2. 
Prior to processing any application for a capital improvement increase, the Fair Rental Housing Board shall be furnished with proof of payment of the application fee.
3. 
Should the Board grant a capital improvement increase to the landlord, the amount of the increase shall take into consideration the application fee incurred by the landlord.
[1999 Code § 5.52.080]
a. 
There is created a Fair Rental Housing Board within the Township to be known as the "Edison Township Fair Rental Housing Board." This Board shall consist of seven (7) members who shall be appointed by the Mayor with the approval of the Municipal Council. The terms of office of the seven (7) board members shall be three (3) years and shall be staggered in such a manner that two (2) board members' terms will end in the first year, another two (2) members' terms will end in the second year, and the remaining three (3) members' terms will end in the third year from the date of the original appointments under this section.
b. 
The powers of the Board hereinafter granted and defined are final. Four (4) members thereof shall constitute a quorum; provided, however, that the quorum shall be increased to five (5) members in cases of hardship applications and capital improvement applications. The majority vote at any hearing shall be legally sufficient to render a final determination. All determinations of the Board reflecting the decisions, findings and determinations shall be final.
c. 
The adoption of this section shall not effect the terms or appointment of any member of the Rent Control Board appointed prior to the adoption of this section pursuant to an ordinance in effect at that time. Members so appointed shall continue for their terms as members of the Fair Rental Housing Board.
d. 
In addition to the seven (7) regular members of the Board, the Mayor, with the approval of the Council, shall also appoint two (2) alternate members, who shall be so designated; and an alternate shall act only in the absence of a regular member of the Board. The term of each alternate shall be three (3) years. The alternates shall serve without compensation.
[1999 Code § 5.52.090]
a. 
Promulgate and issue rules and regulations to give effect to the purposes of this section and revise, repeal and amend the same from time to time. Sufficient copies of the current rules and regulations shall be on file with the Township Clerk;
b. 
Supply information and assistance to landlords and tenants and aid them in compliance with this section;
c. 
Hold hearings, after due notice, and record findings;
d. 
To order a landlord to adjust rental, surcharges and increases allowed under this section to the lawful amount after due and timely notice, after public hearing and with recorded findings;
e. 
To order a landlord to refund to affected tenants any overcharge in rental, surcharges or increases in rental after due and timely notice, after public hearing and with recorded findings;
f. 
Orders by the Fair Rental Housing Board directing a landlord to adjust rental, surcharges and/or increases or directing a landlord to refund overcharges in same shall be enforceable by criminal prosecution in the Municipal Court if the landlord refuses to comply and shall also be enforceable by civil proceedings brought by the Board in the Superior Court of New Jersey;
g. 
In civil actions instituted by the Board pursuant to paragraph f., the landlord shall be responsible for counsel fees and costs reasonably incurred by the Board in instituting and prosecuting the civil proceedings to enforce its orders.
[1999 Code § 5.52.100]
Landlords shall maintain the same standards of service and maintenance of all real and personal property and equipment in and around the housing spaces and dwellings in the same manner as was provided on the date of adoption of this section.
[1999 Code § 5.52.110]
The owner of housing space or dwelling units being rented for the first time shall not be restricted to the initial rent they charge. Any subsequent rental increase, however, shall be subject to the provisions of this section.
[1999 Code § 5.52.120]
a. 
In accordance with the provisions of N.J.S.A. 2A:42-84.1 et seq. this section, which limits the periodic or regular increases in base rentals of dwelling units, shall not apply to multiple dwellings constructed after June 25, 1987, for a period of time not to exceed the period of amortization of any initial mortgage loan obtained for the multiple dwelling, or for thirty (30) years following completion of construction, whichever is less.
b. 
In the event that there is no initial mortgage financing, the period of exemption from this section shall be thirty (30) years from the completion of construction.
c. 
Exemption Statement. The owner of any multiple dwelling exempted from this section pursuant to this paragraph, shall, prior to entering into any lease with a person for tenancy of any premises located in the multiple dwelling, furnish the prospective tenant with a written statement that the multiple dwelling in which the premises is located is exempt from this section for such time as may remain in the exemption period. Each lease offered to a prospective tenant for any dwelling unit therein during the period the multiple dwelling is so exempted shall contain a provision notifying the tenant of the exemption.
d. 
Filing of Exemption; Contents; Notice of Termination.
1. 
The owner of any multiple dwelling claiming an exemption from this section pursuant to this paragraph shall file with the municipal Construction Official, within sixty (60) days of the passage of this section, the following:
(a) 
A written statement of the owner's claim of exemption from this section;
(b) 
A statement of the date upon which the exemption period so claimed commenced;
(c) 
The address of the multiple dwelling;
(d) 
The name and address of the owner of the multiple dwelling;
(e) 
The name and address of the superintendent and/or the name and address of the agent in charge of the multiple dwelling;
(f) 
A statement of the number of rental dwelling units in the multiple dwelling for which the exemption is claimed;
(g) 
The number of square feet in the entire multiple dwelling;
(h) 
The number or other designation of each dwelling unit;
(i) 
The total square footage for each dwelling unit;
(j) 
The immediately previous base rent charged for each dwelling unit;
(k) 
The most current hardship surcharge chargeable to each dwelling unit, if any;
(l) 
Any capital improvement surcharge chargeable to each dwelling unit;
(m) 
The effective date of the most recent lease, if any; and
(n) 
A copy of the lease containing a provision notifying the tenant of the exemption.
2. 
The owner shall, at least thirty (30) days prior to the date of the termination of the exemption period afforded pursuant to this subsection, file with the municipal Construction Official a notice of the date of termination of the exemption period for the affected multiple dwelling.
[1999 Code § 5.52.130]
A landlord renting to a new tenant shall be required to submit the following information to the tenant, in writing, and the failure of the landlord to do so shall constitute a violation of this section.
a. 
The landlord shall supply a statement to each new tenant, in writing, that there is a rent control and stabilization ordinance or code within the Township, and that copies of the rent control and stabilization code or ordinance are available to the tenant from the office of the Municipal Clerk at a minimal cost.
b. 
The landlord shall notify the tenant at the time of entering into a lease of all charges to be paid for by the tenant, including the base rent, hardship surcharges and improvement surcharges.
[1999 Code § 5.52.140]
a. 
The Fair Rental Housing Board shall be designated as the local agency to administer the Senior Citizens and Disabled Protected Tenancy Act. In administering the Act, the Fair Rental Housing Board shall be governed by the provisions of N.J.S.A. 2A:18-61.22 et seq. and regulations promulgated by the Department of Community Affairs, N.J.A.C. 5:24-1 et seq.
b. 
The Fair Rental Housing Board shall have the power to issue rules and regulations to administer the Act and regulations consistent with the provisions of the Act and regulations.
c. 
The Mayor shall have the authority to appoint a panel of three (3) hearing officers to hear appeals or challenges to determinations made by the Fair Rental Housing Board with regard to eligibility under the Senior Citizens and Disabled Protected Tenancy Act. Each member shall be an attorney at law of the State of New Jersey. The assignment of appeals shall be on an equal rotating basis. The appeal officer shall act in accordance with N.J.S.A. 2A:18-61.22 et seq., and in accordance with the regulations of the rules promulgated by the Department of Community Affairs, N.J.A.C. 5:24-1.
d. 
Upon notification by a landlord/sponsor to the Fair Rental Housing Board of intention to convert, the landlord/sponsor shall pay to the Township Clerk a fee of ten ($10.00) dollars per individual unit. This shall be paid at the time that the landlord/sponsor submits its tenant lists, forms and mailing envelopes. This fee shall be designed to cover the cost of administering the Act. It shall be reviewed annually to determine whether it is covering the cost to the municipality to administer the Act.
e. 
Any person requesting an appeal to an appeal officer shall pay an appeal fee to the Township Clerk in the amount of one hundred fifty ($150.00) dollars. This fee, less a reasonable administrative expense to the Township, shall be paid to the hearing officer to cover his or her services in hearing the appeal and issuing a written determination.
[1999 Code § 5.52.150]
Willful violations of any of the provisions hereof, including but not limited to material misstatements contained in any of the notices required herein, shall be punishable in the Municipal Court by fines of not more than two hundred ($200.00) dollars for the first offense and not more than the penalty stated in Chapter I, Section 1-5. Violations affecting more than one (1) leasehold shall be considered separate violations.
[1999 Code § 5.52.160]
a. 
This section, being necessary for the welfare of the Township and its inhabitants, shall be liberally construed to effectuate the general intended purposes.
b. 
If any portion or clause of this section is declared invalid for any reason whatsoever, same shall not affect the validity or constitutionality of any other part or portion of this section.
[1999 Code § 9.24.010]
In the Township, having a population encompassing people of various races, creeds, colors and national origins, there is no greater danger to the health, morals, safety and welfare of the town and its inhabitants than the existence of groups of individuals reflecting prejudice against one another and antagonistic to each other because of differences of race, creed, color or national origin; the Township Council finds and declares that acts of prejudice, intolerance, bigotry and discrimination which deny a person the opportunity to sell, purchase, lease, rent or obtain financing for the purchase or lease of housing accommodation because of race, creed, color or national origin threaten the fundamental rights and privileges of the Township and undermine the foundations of a free democratic society. In an effort to promote goodwill among various racial, religious and ethnic groups of the Township and in an endeavor to alleviate restraint, upon those fundamental rights which are the sense of freedom, the Township Council declares it to be the public policy of the Township to eliminate and prevent discrimination and involuntary segregation based on race, creed, color or national origin and to safeguard the right of every person to sell, purchase, lease, rent or obtain financing for the purchase or lease of housing accommodation without regard to race, creed, color or national origin.
[1999 Code § 9.24.020]
As used in this section:
COMPLAINANT
Means a person who has filed a complaint under subsection 17-6.6.
HOUSING ACCOMMODATION
Means any place permitted for human habitation within the limits of this Township.
PERSON
Means natural persons, firms, partnerships, corporations, associations or other artificial bodies, forms of business designated or known as cooperatives, trustees, receivers and officers, employees, agents and others acting for or on behalf of any person.
REAL PROPERTY
Means real estate, lands, tenements and/or hereditaments.
UNLAWFUL DISCRIMINATION
Means only those unlawful practices and acts specified herein as violations of this section.
[1999 Code § 9.24.030]
a. 
It shall be an unfair or discriminatory practice for any owner, or person acting for or on behalf of any owner or rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesmen, attorneys, agents, auctioneers, or representatives by power of attorney or appointment, or any person acting under court order or will or any other such person:
1. 
To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein to any person because of the race, color, creed, religion or national origin of such person;
2. 
To represent that any housing accommodation or real property is not available for inspection, sale, rental or lease when, in fact, it is so available, or to otherwise deny or withhold information about any housing accommodation or real property or any facilities of any housing accommodations or real property which are available for inspection, sale, rental or lease from any person or group of persons because of the race, color, creed, religion or national origin of such person;
3. 
To discriminate against any person because of his or her race, color, creed, religion or national origin in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or housing accommodation or in the furnishing of facilities or services in connection therewith;
4. 
To directly or indirectly advertise or in any other manner indicate or publicize that the purchase, rental, accommodation or any part, portion or interest therein by persons of any particular race, creed, color, religion or national origin is unwelcome, objectionable, unacceptable or not solicited;
5. 
To use any form of application for the purchase, rental or lease of any housing accommodation or real property or to make any record of inquiry in connection with the prospective purchase, rental or lease of any housing accommodation or property which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, religion or national origin or any intent to make such limitation, specification or discrimination.
b. 
No person, private banker, bank or financial institution or lender doing business in the Township, or any officer, agent or employee thereof, to whom application is made for the lending of money for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or property shall:
1. 
Discriminate against any such applicant because of the race, creed, color, religion or national background of such applicant or against the prospective occupants or tenants of such housing accommodation or property in the granting, extending or renewing of rates, terms or conditions of any such loan;
2. 
Use any form of application for such loan or make any record of inquiry in connection with applications therefor which expresses, directly or indirectly, any limitation, specification or discrimination because of race, creed, color, religion or national origin.
c. 
Nothing herein contained shall be construed to bar any religious institution or organization, or any organization operated for charitable or educational purposes which is operated, supervised or controlled by or in connection with a religious organization, in the sale, lease or rent of real property, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. The provisions of this subsection shall apply only to those religious, charitable and educational institutions and organizations which have been granted an exemption from taxation by the Township of Edison, the State of New Jersey or the United States.
d. 
Nothing herein contained shall be construed to prohibit any person who owns a one- or two-family dwelling, in which he or she then resides, from refusing to lease one (1) or more rooms in such dwelling to any other person for reasons which would otherwise constitute a violation of the provisions of this section.
[1999 Code § 9.24.040]
It shall be an unfair or discriminatory practice for:
a. 
Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this section;
b. 
Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, religion or national origin by this section because such person has lawfully opposed any practice forbidden under this section, obeys the provisions of this section or has filed a charge, testified or assisted in any proceeding under this section.
[1999 Code § 9.24.050]
The Township Building Inspector shall deliver a copy of this section and all amendments thereto to every person to whom a building permit and certificate of occupancy is issued after this section takes effect.
[1999 Code § 9.24.060]
a. 
Any person claiming to be aggrieved by a discriminatory or unfair practice within the Township may, by himself or his or her attorney, make, sign and file a written complaint with the Clerk of the Municipal Court of the Township, which complaint shall set forth the basis thereof and specify those regulations violated. Any complaint filed under this section shall be filed within ninety (90) days after the most recent act constituting the alleged discriminatory or unfair practice.
b. 
The Clerk of the Municipal Court shall promptly give notice to the party complained of by mailing or delivering a copy of the complaint to such person at his last known address, and shall fix a day for a hearing with respect to such complaint not later than fifteen (15) days from the filing thereof.
[1999 Code § 9.24.070]
a. 
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Each and every offense shall be deemed to be and constitute a separate and distinct violation of this section.
b. 
In addition to the penalties hereinabove provided in the case of conviction under this section, upon any four (4) convictions for violations of this section, the premises in or upon which the violation occurred shall be deemed a nuisance, and the owners, tenants and occupants of such premises shall be liable for the penalties and additional penalties provided for the maintenance of nuisances in accordance with such acts made and provided.
[1999 Code § 9.24.080]
In no instance shall any complainant hereunder be precluded from pursuing his or her lawful remedies under the New Jersey Fair Housing Law, N.J.S.A. 18:25-4, or any other similar New Jersey statute.
[1999 Code § 9.24.090]
As used in this section:
CANVASSING
Means door-to-door soliciting or soliciting by the use of circulars, visitations or any other means where the canvasser or his employer has not been invited or requested by the owner, as defined in this subsection, to obtain a listing of real property or to confer with the owner regarding a real estate transaction. The term "canvassing" as defined shall not apply when such soliciting is restricted to a specific house on a particular day.
OWNER
Means the lessee, sublessee, assignee, managing agent or other person having the right to ownership or possession or the right to sell, rent or lease any real property.
PERSON
Means any firm, association, partnership or corporation, as well as a natural person. The term "person" as applied to partnerships or other associations includes their members and as applied to firms and corporations includes their officers and employees.
PURCHASER
Means any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer or any agent of these.
[1999 Code § 9.24.100]
a. 
Any person who receives or expects to receive pecuniary gain from the sale of real property in the Township shall be required to complete and file a form provided by the Township Clerk in accordance with paragraphs b. and c. prior to engaging in any activities to canvass in the Township in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property.
b. 
The form shall contain the following information:
1. 
Name and address of the person completing the form;
2. 
Name and address of the person by whom such person is employed;
3. 
A listing of the particular block or blocks in the Township which the person intends to canvass, as well as the date or dates of canvass. This listing shall be a realistic estimate of the actual intent of the canvasser.
c. 
The form shall be completed and filed no less than ten (10) days nor more than thirty (30) days prior to the date on which the canvass will take place.
[1999 Code § 9.24.110]
It is unlawful for any person, firm, partnership, association or corporation to commit any one (1) or more of the following acts:
a. 
To induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that an adverse change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;
b. 
To induce directly or indirectly or attempt to induce directly or indirectly the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion or national origin in the area will or may result in:
1. 
The lowering of property values,
2. 
An increase in the criminal or antisocial behavior in the area,
3. 
A decline in the quality of the schools serving the area;
c. 
To make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of real property in the area for the purpose of inducing or attempting to induce the sale or listing for sale of real property;
d. 
To make any representation to any prospective purchaser that any block, neighborhood or area has, will or might undergo an adverse change with respect to the religious, racial or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area;
e. 
To place a sign purporting to offer for sale any property that is not in fact offered for sale;
f. 
To advertise for sale or rental property which is nonexistent or which is not actually for sale or rental;
g. 
To engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property;
h. 
To solicit a listing from any homeowner who has previously requested in writing that such person refrain from soliciting such homeowner;
i. 
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this section;
j. 
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this section or to obstruct or prevent any person from complying with the provisions of this section.
[1999 Code § 9.24.120]
a. 
The Director of Law shall have the following functions, powers and duties in addition to those provided otherwise by law:
1. 
To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this section, provided that such rules and regulations shall be approved by the Township Council and, upon approval, filed with the Township Clerk;
2. 
To receive and investigate complaints alleging violations of the provisions of this section;
3. 
To hold conferences and make investigations and, for this purpose, to call upon Township officials and employees and other bodies to aid and assist him therein;
4. 
To render each year to the Township Council a written report of activities pertaining to this section.
b. 
Any person claiming to be aggrieved by an alleged unlawful practice forbidden by this section may, by himself or herself or by his or her attorney at law, make, sign and file with the Director of Law a verified complaint in writing which shall state the name and address of the person, firm, partnership or corporation alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be reasonably required by the Director of Law.
c. 
After the filing of a complaint by an aggrieved person or by any Township resident, the Director of Law shall cause a prompt investigation to be made of the alleged unlawful practice.
d. 
If, after such investigation, the Director of Law shall determine that no probable cause exists for crediting the allegations of the complainant, he or she shall, within ten (10) days from such determination, cause to be issued and served upon the complainant written notice of such determination.
e. 
If, after such investigation, the Director of Law shall determine that probable cause exists in accordance with the allegations of the complaint, he or she shall immediately endeavor to eliminate the unlawful practice complained of by conference and conciliation. Such conference shall be opened to the public unless otherwise requested by one (1) or both of the parties to the conference. He or she may refer the matter to Township officials or employees to conduct or assist in such conferences.
f. 
If the practice complained of is not eliminated, the Director of Law may:
1. 
Refer the matter to the Real Estate Commission of the State of New Jersey for such disciplinary action as may seem appropriate and make any records available to the Commission as may relate to the matter, notwithstanding any other action which the Director of Law may take or may have already taken;
2. 
Sign a complaint against the alleged offending person for trial before the Municipal Court or cause a complaint to be signed by any aggrieved person or interested party;
3. 
Prosecute the matter as he may deem proper or necessary under the circumstances.
[1999 Code § 9.24.130]
Any person, firm, partnership, association or corporation who violates any provision of this section shall, after conviction, be punishable by a fine of not more than two thousand ($2,000.00) dollars or by imprisonment for not more than ninety (90) days, or both.