[1999 Code § 8.92.010]
As used in this section:
Means in accordance with regulations established by the Health
Department.
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.
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.
Means a building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
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.
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.
Means any building, structure or facility in which occupants
are engaged in fabrication, assembling, packaging, repackaging or
processing of products or materials.
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.
Means any dwelling or part thereof containing three (3) or
more dwelling units.
Means any person (including an owner or operator) over one
(1) year of age living and sleeping in a dwelling unit or rooming
unit.
Means the part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
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.
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.
Means an individual, firm, corporation, association or partnership.
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.
Means a lot, plot or parcel of land, including the building
and structures thereon.
Means the Health Officer of the Township, or his or her authorized
representative.
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.
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).
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:
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]
[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.
CERTIFICATE OF APPROVAL
PERSON
RENTAL DWELLING UNIT
REOCCUPANCY INSPECTION FORM
REOCCUPANCY INSPECTION LOG BOOK
Definitions. As used in this section:
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.
Means any individual, corporation, company, association,
society, firm, partnership, joint stock company or agent of any of
the preceding.
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.
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.
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.
[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.
[Amended in entirety 4-25-2024 by Ord. No. O.2215-2024]
[1999 Code § 5.36.010; amended 4-25-2024 by Ord. No. O.2215-2024]
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; amended 4-25-2024 by Ord. No. O.2215-2024]
As used in this section the following words or phrases when
used in this section shall have the following meaning:
The individual or individuals designated by the Landlord
as the person(s) authorized by the owner to perform any duty imposed
upon the owner by this article.
Means the person or persons who own or purport to own any
residential rental unit as defined herein.
The license issued by the Township Clerk or designee attesting
that the rental unit has been property registered in accordance with
this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent" where applicable.
Means any person (including an owner or operator) over one
(1) year of age living and sleeping in a dwelling unit or rooming
unit.
Any person or group of persons, firm, corporation, or officer
thereof, partnership association, or trust, who owns, operates, exercises
control over or is in charge of a rental facility.
Every building, group of buildings or a portion thereof,
containing five (5) or more rental units, which is kept, used, maintained,
advertised or held out to be a place where living accommodations are
supplied, whether furnished or unfurnished, for pay or other consideration,
to one (1) or more individuals and is meant to include apartments
and apartment complexes.
Any dwelling unit, including single-family homes and owner-occupied
two-family homes, which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes, but shall not include rental facilities containing less
than five (5) units, group homes, subsidized senior citizen housing,
and assisted living units. Excluded from this definition and from
the operation of this section are motels, hotels, boarding houses,
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.
Persons sixty-two (62) years of age or older.
[1999 Code § 5.36.030; amended 4-25-2024 by Ord. No. O.2215-2024]
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
for each rental unit which shall include 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 address, and phone number of
the owner of the premises and the record owner or owners of the rental
business if not the same persons; in the case of a partnership, the
names, addresses, and phone numbers of all general partners; if the
record owner is a corporation, the name address and telephone number
of the registered agent and corporate officers of said corporation;
the name, address and telephone number of the superintendent and/or
the name, address and telephone number of the agent in charge of the
premises; the number of rental units 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 rental unit;
c.
The total square footage for each rental unit, including a specification
as to the exact number of sleeping rooms and kitchen facilities contained
in the rental unit;
d.
The current base rent chargeable for each rental unit;
e.
The immediately previous base rent chargeable for each rental unit;
f.
The most current tax surcharge chargeable to each rental unit;
g.
The most current energy surcharge chargeable to each rental unit;
h.
Any capital improvement surcharge chargeable to the rental unit;
i.
The effective date of the most recent lease, if any, including the
total number of occupants of each rental unit designated by adults
and children;
j.
If no lease, then the date that the last increase in the base rent
became effective;
k.
If the address of any record owner is not located in the State of
New Jersey, the name and address of a person who resides in the State
of New Jersey and who is authorized to accept notices from a tenant
and to issue receipts therefor and to accept service of process on
behalf of the record owner;
l.
The name and address of every holder of a recorded mortgage on the
premises;
m.
An acceptable affidavit of fire alarm system inspection and test
for all premises where a common area automatic fire alarm is required
and an acceptable affidavit of fire sprinkler system inspection and
test for all premises where a fire sprinkler system is required;
n.
Such other information as may be required by the Township.
[1999 Code § 5.36.040; amended 4-25-2024 by Ord. No. O.2215-2024]
All rental units shall be registered with the Township Clerk
of the Township of Edison, or their designee, or such other person
as designated by the Mayor of the Township of Edison pursuant to this
section. Upon proper registration and payment of all fees a license
shall issue for the rental unit so registered.
[1999 Code § 5.36.050; amended 4-25-2024 by Ord. No. O.2215-2024]
The license term shall commence on March 1 and shall be valid
until February 28 of the following calendar year, at which time it
shall expire and a new registration shall be required. Any lease which
has been executed prior to the adoption of this section shall not
be affected, but the rental unit must nevertheless be registered,
licensed and inspected in accordance with this article. No rental
unit shall hereafter be rented unless the rental unit is registered
and licensed in accordance with this chapter.
[Added 4-25-2024 by Ord. No. O.2215-2024]
For rental facilities containing five (5) or more units, no
person shall hereafter occupy any rental unit nor shall the owner
permit occupancy of any rental unit with the Township of Edison which
is not registered and licensed in accordance with this section.
[Added 4-25-2024 by Ord. No. O.2215-2024]
The Township Clerk or designee shall index and file the registration
forms. In doing so, the Township Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1. and N.J.S.A. 55:13A-12, as amended
and supplemented, so that the filing of the registration form will
simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28.1
and N.J.S.A. 55:13A-12 to the extent that it applied to the property
being registered and will also satisfy the registration requirements
of this section.
[Added 4-25-2024 by Ord. No. O.2215-2024]
Every person required to file a registration form pursuant to
this section, shall file an amended registration form within forty-five
(45) days after any change in the information required to be included
thereon. No fee shall be required for the filing of an amendment except
where the tenancy of the premises is changed.
[Added 4-25-2024 by Ord. No. O.2215-2024]
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.
[Added 4-25-2024 by Ord. No. O.2215-2024]
a.
If there are reported issues within a unit or building, then the
subject site shall be inspected until the subject site passes inspection
without critical or major issues. Appointments for inspections shall
be scheduled at reasonable times and upon notice to the owner and
tenant. Newly constructed apartments and/or dwelling units in excess
of four (4) rental units are exempt from this inspection for two (2)
State of New Jersey licensing periods after the certificate of occupancy
is issued, provided that there are no violations filed with the Township
Building Department and the property is properly registered and inspected
with and by the State of New Jersey as required by the Hotel and Multiple
Dwelling Code.
b.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Edison, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Edison shall not be used
as a valid substitute.
d.
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, such property
shall not thereafter be registered, nor shall a license issue, and
the Landlord of the property or his agent shall not lease or rent
such property nor shall any tenant occupy the property until the necessary
corrections have been made so as to bring the property and rental
unit into compliance with the applicable code and the property is
thereafter subsequently inspected, registered and licensed. In the
event that the property is occupied when such conditions are discovered,
all such corrections shall be made within sixty (60) days, and if
not made within that time period, the owner shall be deemed in violation
of this article, and every day that the violation continues shall
constitute a separate and distinct violation, subject to the penalty
provisions of this article.
[Added 4-25-2024 by Ord. No. O.2215-2024]
Inspection officers as designated by the Township of Edison
shall be supplied with official identification and shall exhibit such
identification when entering any rental facility and rental unit or
any part of any premises subject to this section. Inspection officers
are authorized and directed to make inspections to determine compliance
with this section. For this purpose he or she is authorized to enter
and examine any rental unit, yard, or part of either at all reasonable
times, and every owner, landlord or agent shall provide him or her
free access to it. Inspectors shall conduct themselves so as to avoid
intentional embarrassment or inconvenience to occupants.
[Added 4-25-2024 by Ord. No. O.2215-2024]
a.
Should the inspection officer be denied access, the inspection officer
may, upon affidavit, apply to the Judge of the Municipal Court of
the Township for a search warrant, setting forth the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this section may exist on the premises,
including one or more of the following:
1.
Observation of the external condition of the premises and its public
areas has resulted in the belief that violations of the municipal
code exists.
2.
Circumstances such as age of building, type of building, particular
use of premises or other factors make systematic inspections of such
building necessary in the interest of public health and safety.
b.
If the Judge of the Municipal Court of the Township is satisfied
as to the matter set forth in such affidavit, he shall authorize the
issuance of a search warrant permitting access to an inspection of
that part of the premises on which the nuisance or violation may exist.
c.
Where the inspection officer or his agent in possession of an administrative
warrant is refused entry or access or is otherwise impeded or prevented
by the owner, landlord, agent or occupant from conducting an inspection
of the premises, such person shall be in violation of this section
and subject to the penalties hereunder.
[Added 4-25-2024 by Ord. No. O.2215-2024]
For rental facilities containing five (5) or more units, upon
the filing of a completed registration form and payment of the prescribed
fee, the Landlord shall be entitled to the issuance of a license.
A registration form shall be required for each rental unit and a license
shall issue to the landlord for each rental unit, even if more than
one (1) rental unit is contained in the property.
[Added 4-25-2024 by Ord. No. O.2215-2024]
a.
At the time of the filing of the registration form and prior to the
issuance of a license, the owner, agent, or landlord of the property
must pay a fee in accordance with the following:
b.
If the Owner or Landlord of the property is a senior citizen who
resides in a unit of the property and rents out the remaining unit(s)
and would otherwise qualify under the State of New Jersey property
tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee upon
proof of age and residence.
c.
If any fee is not paid within thirty (30) days of its due date, a
late fee surcharge of thirty ($30.00) dollars will be assessed.
[Added 4-25-2024 by Ord. No. O.2215-2024]
Every owner, agent or landlord shall provide each occupant or
tenant occupying a rental unit with a copy of the registration form
required by this article. This particular provision shall not apply
to any hotel, motel or guest house registered with the State of New
Jersey pursuant to the Hotel and Multiple Dwelling Act as defined
in N.J.S.A. 55:13A-3. A copy of the registration certificate must
be posted in the rental unit(s).
[Added 4-25-2024 by Ord. No. O.2215-2024]
The maximum number of occupants shall be posted in each rental
unit. It shall be unlawful for any person, including the landlord,
agent, tenant or registered tenant to allow a greater number of persons
than the posted maximum number of occupants to sleep in or occupy
overnight the rental unit.
[Added 4-25-2024 by Ord. No. O.2215-2024]
No rental unit may be registered or reregistered and no license
shall issue for any property containing a rental unit unless all municipal
taxes and sewer charges and any other municipal assessments are paid
current.
[Added 4-25-2024 by Ord. No. O.2215-2024]
All dwelling units shall be maintained in accordance with the Uniform Construction Code and Chapter 15, the Property Maintenance Code, of the Township of Edison Municipal Code.
[Added 4-25-2024 by Ord. No. O.2215-2024]
a.
Compliance with other laws. 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 Edison and with all
applicable state and federal laws.
b.
Penalties. Any landlord, tenant or other person violating the provisions
of this section shall be subject to the penalty provisions of this
section.
[Added 4-25-2024 by Ord. No. O.2215-2024]
Any owner, agent, landlord or tenant who violates any of the provisions of this section hereof, including but not limited to material misstatements contained in the registration statement required herein, shall be liable in the Municipal Court for a fine of two hundred ($200.00) dollars for a first offense, five hundred ($500.00) dollars for a second offense and not more than the penalty stated in Chapter I, Section 1-5 for any subsequent offense. Each day that a violation occurs shall be deemed a separate and distinct violation and subject to the penalty provisions of this section.
[1999 Code § 5.52.010]
As used in this section:
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.
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.
Means issuance of a certificate of occupancy pursuant to
the "State Uniform Construction Code Act," N.J.S.A. 52:27D-133;
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;
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.
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.
Means the actual cash contribution of the purchaser-landlord
at the time of closing of title and any principal payments to outstanding
mortgages.
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.
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:
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;
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;
Intentional or neglectful conduct that creates or permits dirt,
filth, noise, damage or destruction of any kind;
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;
Substantial breach of terms and conditions contained in a lease;
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;
Owner seeks to close the premises down and will not permit any
further occupancy in the future.
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;
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
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.
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:
Means a person who has filed a complaint under subsection 17-6.6.
Means any place permitted for human habitation within the
limits of this Township.
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.
Means real estate, lands, tenements and/or hereditaments.
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:
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.
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.
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.
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:
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.
