[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:
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.
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.
A.
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.
B.
Notice of conduct and hearing:
(1)
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.
(2)
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.
C.
Hearing:
(1)
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.
(2)
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.
(3)
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.
D.
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:
(1)
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;
(2)
Securing the payment of fines and penalties likely to be levied for
such offenses; and
(3)
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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:
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building, either vertically or horizontally, and with an independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, EFFICIENCY APARTMENTAn apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, ONE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TWO-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, THREE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
A.
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.
B.
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.
A.
The lease or rental of multiple rooms within a dwelling to a single
tenant or separate tenants is prohibited.
B.
The lease or rental of a single room within a dwelling is permitted
provided the following conditions are satisfied:
(1)
The dwelling has been inspected, issued a rental certificate of occupancy,
and complied with all other requirements set forth in this Code.
(2)
The landlord has filed the appropriate registration with the Township
pursuant to N.J.S.A. 46:8-28.
(3)
The dwelling complies with all applicable health, safety, construction,
zoning, and fire codes.
(4)
The dwelling has a minimum of two bedrooms.
(5)
The addition of the tenant does not result in a violation of occupancy
limitations.
(6)
The owner maintains all required insurances in sufficient coverage
amounts and has furnished proof thereof to the Township.
(7)
The dwelling is owner-occupied year-round.
(8)
A minimum tenancy of one month, and a maximum of one tenant.
(9)
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.
(10)
Bedroom doors may have privacy locks, but not key locks.
(11)
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.
A.
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.
B.
Each and every day a violation of this article persists shall constitute
a separate violation.
C.
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.
