[HISTORY: Adopted by the Township Committee of the Township of Lacey as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-2019 by Ord. No. 2019-8]
For the purpose of this article, the following meanings shall apply:
- HEARING OFFICER
- A person designated by the Township Council to hear and determine proceedings under this article. The hearing officer shall be a licensed attorney in the State of New Jersey. The hearing officer may not own or lease any real property within the Township, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
- The person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, which building contains no more than four dwelling units.
- SUBSTANTIATED CONVICTION
- An act of disorderly, indecent, tumultuous or riotous conduct, including, by way of example but not limited to, simple assault, terroristic threats, harassment, urinating in public, lewdness, criminal mischief, or excessive noise, upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises which have been substantiated by prosecution and conviction in any court of competent jurisdiction.
If, in any twenty-four-month period, two substantiated convictions on separate occasions of conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C or any municipal ordinance governing disorderly conduct, the municipal governing body or its designee may institute proceedings to require the landlord of those premises to post a bond against the consequence of future incidents of the same character.
Notice of conduct and hearing:
In the event that a tenant is convicted of a violation of any provision of Title 2C or any municipal ordinance governing disorderly conduct, the governing body or its designee shall cause a notice to be served on the landlord in person or by registered mail at the address appearing on the tax records of the Township, advising that the specified conduct has occurred.
The governing body or its designee shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated convictions upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the municipal building, municipal court or other public place within the municipality, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
At the hearing pursuant to Subsection B of this section, the hearing officer shall give a full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present.
The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction.
At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated convictions upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:
Damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises;
Securing the payment of fines and penalties likely to be levied for such offenses; and
Compensating the Township for the costs of repressing and prosecuting such incidents of disorderly behavior; but no such bond shall be in an amount less than $500 or more than $5,000.
The Township may enforce the bond thus required by action in the Superior Court and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality.
A bond or other security deposited in compliance with Subsection D of this section shall remain in force for four years. Upon the lapse of the specified period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 278-3, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
If during the period for which a landlord is required to give security a substantiated conviction is recorded against the property in question, the governing body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the time period required for the posting of the security, or for an increase in the amount of security required.
Any forfeiture or partial forfeiture shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purpose set forth in § 278-2D.
Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors as set forth in § 278-2C and shall be taken only to the extent that the nature of the substantiated conviction or convictions out of which the proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this article effectually.
[Adopted 10-10-2019 by Ord. No. 2019-16]
As used in this article, the following terms shall have the meanings indicated:
- Any building or portion thereof designed or used exclusively for one or more dwelling units, as delineated below:
- SEGMENTED DWELLING
- A room within or section of a dwelling that constitutes an area less than the entire dwelling.
This article aims to curtail, and in certain circumstances prohibit, the increasingly widespread practice of renting or leasing various types of dwellings, or segments thereof, located primarily in residential neighborhoods, on a short-term basis to transient guests. This practice has been popularized and facilitated by various websites that advertise and broker these rentals. Left unregulated, this practice will transform many residential dwellings into flophouses to the detriment to the health, safety, and quiet enjoyment of the affected neighborhoods.
This article does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments.
No dwelling, or segment thereof, may be rented or leased for a term of less than 30 days.
The lease or rental of multiple rooms within a dwelling to a single tenant or separate tenants is prohibited.
The lease or rental of a single room within a dwelling is permitted provided the following conditions are satisfied:
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in this Code.
The landlord has filed the appropriate registration with the Township pursuant to N.J.S.A. 46:8-28.
The dwelling complies with all applicable health, safety, construction, zoning, and fire codes.
The dwelling has a minimum of two bedrooms.
The addition of the tenant does not result in a violation of occupancy limitations.
The owner maintains all required insurances in sufficient coverage amounts and has furnished proof thereof to the Township.
The dwelling is owner-occupied year-round.
A minimum tenancy of one month, and a maximum of one tenant.
The tenant has unrestricted access to the dwelling's common areas and amenities, including but not limited to kitchens, basements, garages, laundry facilities, patios/porches, pools, assigned closets, assigned bathrooms, and living and dining areas.
Bedroom doors may have privacy locks, but not key locks.
There is sufficient space on the subject property to lawfully provide one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or Internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this article or any other applicable provision of the Township Code is prohibited.
The Division of Code Enforcement and the Police Department are empowered to enforce this article.
Every person convicted of a violation of a provision of this article shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments thereto.
Each and every day a violation of this article persists shall constitute a separate violation.
To the extent the conduct prohibited under this article also violates other provisions of the Township Code, those violations constitute separate offenses subject to additional fines and penalties as prescribed.