Editor's Note: The statutory provision is found in N.J.S.A.
40:69A-29, 30.
As used in this chapter:
AVAILABLE FOR RENT TO TENANTS
Shall mean 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 Piscataway and occupied
or unoccupied and offered for rent.
DWELLING
Shall mean and include any building or structure or trailer
or land used as a trailer park, rented or offered for rent to one
or more tenants or family units. Exempt from this chapter are motels,
hotels, and similar type buildings and buildings in which up to 1/3
of the occupied floor space is commercial, and housing units of two
units or less.
HOUSING SPACE
Shall mean and include that portion of a dwelling rented
or offered for rent for living and dwelling purposes to one individual
or family unit together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy of such portion of the property.
JUST CAUSE
Shall mean action on the part of the landlord in refusing
to let, rent, relet, or rerent to a tenant or basis for dispossess
for any one or more of the following:
a.
Failure on the part of the tenant to pay rent due and owing
under the lease when the same be oral or written.
b.
Disorderly or disturbing noises or conduct on the part of the
tenant that destroys the peace and tranquility of the landlord, other
tenants, or other persons living in or about the neighborhood.
c.
Intentional or persistent neglect, damage, or injury by the
tenant to the property of landlord.
d.
Constant violation by the tenant of the rules and regulations
of landlord if signed by tenant or incorporated in the lease with
a copy being given to tenant.
e.
Substantial breach of the terms and conditions of the lease
agreement by the tenant.
f.
Owner shall seek to occupy premises himself.
g.
Owner shall seek to close premises down without permitting any
further occupancy.
PRICE INDEX
Shall mean the "Consumer Price Index" (all items) for the
region of the United States of which Piscataway Township, New Jersey,
is a part, published periodically by the Bureau of Labor Statistics,
United States Department of Labor.
[1972 Code § 22-1]
[1972 Code § 22-2.1; amended 12-19-2023 by Ord. No. 2023-34]
Establishment of rents between a landlord and a tenant to whom
this chapter is applicable shall hereafter be determined by the provisions
of this chapter.
a. The allowable
annual rent increase shall be published by the Township and posted
on the Township website and in the Township hall in a public location
by October 15 of each year for the upcoming calendar year. No landlord
shall request or receive a percentage increase in rent from an existing
tenant that is greater than the lesser of the following:
1. The average
of the Price Index over the previous twelve-month period; or
2. Six (6%)
percent of the rent in effect under such lease at the expiration thereof.
b. Under
no circumstances where the lease term of a periodic tenant is less
than one year shall the tenant, including month to month tenants,
suffer or be caused to pay any increase in any calendar year which
exceeds the average Price Index percentage differential or price index
cap for the calendar year prior thereto, computed on an annualized
basis.
c. Under
no circumstances shall a month to month tenant suffer more than one
rental increase during any calendar year.
[1972 Code § 22-2.2]
Any rental increase at a time other than at the expiration of
a lease or termination of a periodic lease shall be void. Any rental
increase in excess of that authorized by the provisions of this chapter
shall be void.
[1972 Code § 22-2.3]
Any landlord seeking an increase in rent shall notify the tenant
by certified mail of the calculations involved in computing the increase,
including the Consumer Price Index at the date of entry of the lease,
the Consumer Price Index 60 days before the expiration of the lease,
the allowable percentage increase and the allowable rental increase.
[1972 Code § 22-3.1; New]
A landlord may seek a tax surcharge from a tenant because of
an increase in municipal property taxes. The tax surcharge shall not
exceed that amount authorized by the following provisions. The landlord
shall divide the increase in the present property tax over the property
tax for the base year by the number of square feet in the dwelling
to obtain the tax increase per square foot. The tenant shall not be
liable for a tax surcharge exceeding the tax increase per square foot
multiplied by the number of square feet occupied by the tenant. The
base year is the year immediately prior to the tax year (i.e. For
the tax year 2006, the base year shall be 2005).
[1972 Code § 22-3.2; amended 2-12-2019 by Ord. No. 19-02]
Any landlord seeking a tax surcharge shall notify each tenant by certified mail, return receipt requested, of the calculations involved in computing the tax surcharge, including the present real estate property tax for the dwelling(s), the property tax for the dwelling(s) for the base year, as defined in Subsection
16-3.1 of this section, the number of square feet occupied by the tenant, and the maximum allowable surcharge. Notice shall be given a minimum of 60 days in advance of the imposition of the tax surcharge.
[1972 Code § 22-3.3; amended 2-12-2019 by Ord. No. 19-02]
The tax surcharge each tenant is liable for shall be paid in
12 monthly payments, commencing July 1 of the next calendar year following
the imposition of the tax surcharge.
[1972 Code § 22-3.4]
The tax surcharge shall not be considered rent for purposes
of computing cost of living rental increases.
[1972 Code § 22-3.5]
In the event, a tax appeal is taken by the landlord and the
landlord is successful in the appeal and the taxes reduced, the tenant
shall receive 50% of the reduction as applied to its tax portion,
after deducting all expenses incurred by landlord in prosecuting the
appeal.
[Ord. No. 2017-34]
Any landlord of a qualified real rental property, as defined
in N.J.S.A. 54:4-6.3, who fails to provide property tax rebates to
tenants, or who knowingly and willfully fails to provide or post any
notice, certification, information or statement required by the "Tenants'
Property Tax Rebate Act" shall be liable for a penalty of not more
than $100 for each offense.
The provisions of this section shall be enforced by the Police
Department, Code Enforcement Officials and the Tax Collector of the
Township of Piscataway.
[1972 Code § 22-4.1; Ord. No. 07-28]
There is hereby created a Rent Leveling Board within the Township.
The Board shall consist of three members and two alternate members.
The members of the Board and the alternate members shall be appointed
by the Mayor with the approval of the Township Council, and their
terms of office shall be for a period of three years each, with each
member serving without compensation.
[1972 Code § 22-4.2; amended 12-19-2023 by Ord. No. 2023-34]
The Rent Leveling Board is hereby granted and shall have and
exercise, in addition to other powers herein granted, all the powers
necessary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to, the following:
a. To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this chapter, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Board in the exercise of its discretion, provided
that such rules are filed with the Municipal Clerk.
b. To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
c. To hold hearings and adjudicate appeals from landlords pursuant to subsection
16-4.3a and
b, as hereinafter provided.
d. To hold hearings and adjudicate appeals from tenants pursuant to subsection
16-4.3c, as hereinafter provided.
e. To act as the appeal board for appeals from the decisions of the
Director of the Department of Community Services in his capacity as
administrator of the Senior Citizen and Disabled Protected Tenancy
Act (P.L. 1981, c. 226) for the Township of Piscataway.
The Board shall give both landlord and tenant reasonable opportunity
to be heard before making any determination.
|
Any of the powers herein granted to the Rent Leveling Board
are exclusively advisory powers and the action of the Board shall
not be deemed final until acted upon by the Township Council.
|
[1972 Code § 22-4.3]
Both landlord and tenant may appeal the findings of the Board
to the Township Council within 20 days from the date of the determination
and request a hearing thereon by the Council.
a. Hardship Rent Increase. In the event that a landlord cannot meet
his mortgage payments and maintenance he may appeal to the Rent Leveling
Board for increased rental. The Board may grant the landlord a hardship
rent increase to meet these payments. Prior to any such appeal to
the Board, a landlord shall post in the lobby of each building or,
if no lobby is present, in a conspicuous place in and about the premises
a notice of the appeal setting forth the basis for the appeal. The
notice must be posted for at least five days prior to the proposed
date of appeal.
b. Capital Improvements. A landlord may seek additional rental for major
capital improvements or services. The landlord shall notify each tenant
by certified mail of the total cost of the completed capital improvement
or service, the number of years of useful life of the improvements
as claimed by the landlord for purposes of depreciation for income
tax purpose, the average cost of the improvement, the total number
square feet of the dwelling or garden apartment complex, the total
square feet occupied by the tenant and the capital improvement surcharge
he is seeking from each tenant. The landlord seeking a capital improvement
or service surcharge shall appeal for the surcharge to the Rent Leveling
Board who shall determine if the improvement is a major improvement
and, if so, shall permit the increase to take place. If the increase
is granted, it shall not be considered rental and calculated in cost
of living increases. In any event, no increase authorized by this
section shall exceed 15% of the tenant's rent.
c. Standards of Service. During the term of this chapter, the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings and equipment in the housing space and dwelling as he
provided or was required to do by law or lease at the date the lease
was entered into.
[1972 Code § 22-5]
The owner of housing space or dwelling being rented for the
first time shall not be restricted in the initial rent he charges.
Any subsequent rental increases, however, shall be subject to the
provisions of this chapter.
[1972 Code § 22-6; Ord. No. 12-29; amended 12-19-2023 by Ord. No.
2023-34]
a. Any violation of any provisions of this chapter including but not limited, the filing with the Rent Leveling Board of any material misstatement of fact, shall be liable to the maximum penalty stated in Chapter
1, Section
1-5. There shall be a minimum penalty of $250 per violation. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
b. When a lawful
occupant(s) is required to vacate a rental unit due to any code enforcement
action or a violation of any provision of this chapter, including
but not limited to enforcement of the Township's property maintenance
code, fire prevention code, construction code and zoning code, landlord
shall be prohibited from instituting any base rent increase, vacancy
adjustment or market decontrol of the rental unit found to be in violation
for a period of two (2) years commencing at the next lease renewal
or re-rental following the violation or Rent Leveling Board's finding.
[1972 Code § 22-7]
This section being necessary for the welfare of the Township
and its inhabitants shall be liberally constructed to effectuate the
purposes thereof.
No landlord shall after February 6, 1973, charge any rents in
excess of what he was receiving from February 6, 1973, except for
increases as authorized by this chapter.
[1972 Code § 22-8]
It is the public policy of the Township of Piscataway to encourage
the rehabilitation of housing space located within the Township. Accordingly,
to the extent that the owner of housing space or dwelling units otherwise
subject to this chapter participates in the Federal Moderate Rehabilitation
Program (Section 8), the housing space of such owner is hereby exempted
from those provisions of this chapter regarding the establishment
and adjustment of rents, during the period of such participation in
the said program. But notwithstanding such partial exemption, the
balance of provisions of this chapter shall apply to all housing space
and dwellings within the Township, in accordance with the terms of
this chapter.
[1972 Code § 22-9]
The owners of all housing space within the Township of Piscataway
subject to the provisions of this chapter, who employ agents, servants,
or employees to provide maintenance or other services to the tenants
or occupants of such housing space or dwellings, shall equip each
such agent, servant, or employee with an identification tag bearing
the name and photograph of the agent, servant or employee, and his
designation as an agent, servant or employee of the owner. Each such
identification tag shall be worn by the agent, servant or employee
during working hours and shall be affixed to his or her outer garment.
[1972 Code §§ 19-1.1 — 19-1.5]
a. Discrimination in Housing Sales or Rentals Prohibited. It shall be
unlawful for the owner, lessee, sublessee, assignee, real estate agent,
broker, or managing agent of, or any salesman, employee or agent therefor
or other person having the right of ownership or possession of or
the right to sell or rent any real property, to discriminate in the
sale or rental of such property.
b. Sales Discrimination Explained. Unlawful discrimination as used in
this section shall mean the commission of one or more of the following
acts because of the race, creed, color, age, sex, national origin
or ancestry of a potential transferee or lessee of any real property
or portion thereof or interest therein:
1. The refusal to sell, rent, assign, lease or sublease, to offer for
sale, rental assignment, lease or sublease of real property.
2. The denial or withholding of real property or any facilities connected
therewith or the representation that real property is unavailable
for inspection, sale, rental, assignment, lease, or sublease, when
in fact it is so available.
3. The offering of less favorable services, facilities, terms, conditions
or privileges.
c. Advertising Discrimination Explained. Discrimination in the public advertisement shall mean the printing, publishing, circulating, issuing, displaying, posting or mailing, or the causing of the same, of any statement, advertisement, publication, or sign which, by its terms, promotes the sale of real property, rental, assignment, lease or sublease in violation of subsection
16-4.2.
d. Advertising Discrimination Prohibited. It shall be unlawful for any
person or other legal entity to discriminate in the public advertisement
for the sale or rental of real property.
e. Exceptions. Excepted from the foregoing provisions of this section
shall be:
1. Restrictions or limitations based upon age or sex, where the age
or sex restriction or limitation is material to the type of housing
offered for sale or rental or the facilities available therein.
2. The rental of a single apartment or flat in a two-family dwelling,
the other occupancy unit of which is occupied by the owner as his
residence or the household of his family at the time of the rental.
3. The rental of a room or rooms to another person or persons by the
owner or occupant of a one-family dwelling occupied by him as his
residence or the household of his family at the time of such rental.
4. Nothing herein contained shall be construed to bar any religious
or denominational 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 rental 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.
[1972 Code §§ 19-2.1, 19-2.2]
a. It shall be unlawful for any person, bank, banking organization,
mortgage company, insurance company or other financial institution
or lender to whom application is made for financial assistance for
the purchase, acquisition, construction, rehabilitation, repair or
maintenance of any real property or part or portion thereof, or any
agent or employee thereof:
1. To discriminate against any person, or group of persons because of
race, creed, color, age, sex, national origin or ancestry of such
person or group of persons or of the prospective occupants or tenants
of such real property or part or portion thereof, in the granting,
withholding, extending, modifying or renewing, or in the fixing of
the rates, terms, conditions or provisions of any such financial assistance
or in the extension of services in connection therewith; or
2. To use any form of application for such financial assistance or to
make any record or inquiry in connection with applications for such
financial assistance which expresses, directly or indirectly, any
limitation, specification, or discrimination as to race, creed, color,
national origin, or ancestry, or any intent to make any such limitation,
specification or discrimination.
b. Exceptions. The following exceptions shall be recognized:
1. Limitations placed by any bona fide religious or ethnic group or
association, or fraternal order limiting such financing to members
of such religious or ethnic corporation or association, club, or fraternal
order.
2. Restrictions or limitations based upon age, where such restriction
or limitation is material to the risk assumed.
[1972 Code §§ 19-3.1 — 19-3.4]
a. Reprisals or Intimidation Prohibited. It shall be unlawful for any
person to engage in any economic reprisal or other form of intimidation
against any person because such person has filed a complaint, testified,
assisted, or participated in any manner in any investigation, proceeding,
or conference under the terms of this section.
b. Compliance Mandatory. It shall be unlawful for any person to aid,
abet, attempt, incite, compel, coerce, hire, or conspire with others
to engage in any of the practices forbidden by this chapter, or to
obstruct or prevent or to attempt to obstruct or prevent, any person
from complying with the provisions of this section.
c. Complaints. Any person aggrieved by a violation of this section may
file a complaint in the Municipal Court of the Township of Piscataway
against the alleged violator.
d. Additional Regulatory Power. The provisions contained in this section
shall not supersede, limit, or replace the rights and remedies provided
for an aggrieved party under any Federal, State, or municipal statute
or ordinance, but, rather, this section shall be deemed to create
additional remedies for such aggrieved party.
[Ord. No. 08-18 § 22A-1]
As used in this section.
ADULT TENANT
Shall mean a person over the age of 18 years not previously
occupying a dwelling unit.
BUILDING
Shall mean any building or structure, or part thereof, used
for human habitation, use, or occupancy and includes any accessory
building and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING
Shall mean a building or structure or part thereof containing
one or more dwelling units which are to be leased or rented to a person
other than the owner or provided to any occupant as compensation for
services rendered to the landlord or any third party. A dwelling shall
not include a State licensed group home operated by a non-profit corporation
or public entity.
DWELLING UNIT
Shall mean any room or group of rooms or any part thereof
located within a building containing habitable space and forming a
single housekeeping unit with facilities which are used or designed
to be used for living, sleeping, cooking and eating for a single-family
or the functional equivalent thereof.
DWELLING (standards to be applied for all dwellings in the Township
of Piscataway)
The following standards are adopted by reference:
In accordance with the provisions of N.J.S.A. 40:49-5.1 and
N.J.A.C. 5:28-1.11, is hereby adopted as the standard governing supplied
utilities, facilities and other physical things and conditions to
make buildings and dwellings, both residential and nonresidential,
safe, sanitary and fit for human habitation, occupancy or use.
HABITABLE SPACE
Shall mean the space in a structure for living, sleeping,
eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space in similar areas are not considered habitable
space.
HOUSING ENFORCEMENT OFFICER
Shall mean the person authorized by this section to issue
Notice of Violations or summonses to enforce complaints related to
this section and to investigate and/or inspect complaints and possible
unsafe conditions and includes the Rental Housing Officer, Zoning
Official, Fire Official, Construction Code Official, and any police
officer of the Township of Piscataway.
LANDLORD
Shall mean the owner or owners of the fee simple interest
in the premises or lessor estate therein, and mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee
or other person, or their duly authorized agents, firm or corporation
in control of a building, dwelling, apartment house or habitable space
of premises.
OCCUPANT
Shall mean any person, including minors, who reside or intend
to reside in a dwelling unit.
RENTAL HOUSING OFFICER
Shall mean the person authorized by the section to conduct
inspections; review and approve or deny a Registration Statement;
or issue permits.
TENANT
Shall mean any person, including minors, who reside in a
dwelling unit on a continuous basis for more than 30 days.
[Ord. No. 08-18 § 22A-2]
Within 90 days of the effective date of this section (Ordinance No. 08-18, codified herein as Section
16-11, was adopted May 6, 2008), every landlord in the Township of Piscataway shall make application for, and file with the Rental Housing Officer, a Landlord Registration Statement for every building containing one or more dwelling units occupied by one or more tenants. Thereafter, an application to renew the Landlord Registration Statement shall be filed annually each March 1.
[Ord. No. 08-18 § 22A-3;
amended 2-12-2019 by Ord. No. 19-02]
An application form for a landlord registration statement shall
be made available from the Township of Piscataway and shall not be
deemed complete unless the applicant provides the following for each
building containing one or more dwelling units rented to one or more
tenants owned by the landlord in the Township:
b. Names and addresses of all record owners of the building or the rental
business (including all general partners in the case of a partnership
or members in the case of a limited liability company);
c. If the record owner is a corporation, the names and addresses of
its registered agent and the corporate officers;
d. If the address of any record owner is not located in Middlesex County,
the name and address of a person who resides in Middlesex County and
who is authorized to accept notices from a tenant, to issue receipts
for those notices, and to accept service of process on behalf of the
out-of-county record owner;
e. The name and address of the managing agent;
f. The name and address (including dwelling unit, apartment or room
number) of the superintendent, janitor, custodian or other person
employed to provide regular maintenance service;
g. The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concerning the building, including the making of repairs
and expenditures;
h. The name and address of all holders of recorded mortgages on the
property;
i. If fuel oil is used to heat the building and the landlord furnishes
the heat, the name and address of the fuel oil dealer servicing the
building and the grade of fuel oil used;
j. A complete copy of each lease for the property; and
k. The location of every fire alarm or panel, fire extinguisher or other
fire-protection device on the property.
[Ord. No. 08-18 § 22A-4]
The Rental Housing Officer shall review and approve or deny
a Landlord Registration Statement within 10 business days of the submission
of a complete application.
[Ord. No. 08-18 § 22A-5]
No landlord shall permit a tenant to occupy, let or sublet to
a tenant, nor shall any person or persons lease or occupy any vacant
dwelling unit, without obtaining an approved Landlord Registration
Statement certifying that the dwelling unit complies with the provisions
of this section and any other applicable laws and regulations.
[Ord. No. 08-18 § 22A-6]
a. Every landlord shall have the obligation to monitor any increase
in the number of adult tenants in each dwelling unit and prevent any
increase in tenants that exceeds the number of tenants permitted in
the Landlord Registration Statement. In addition, the landlord shall
have the obligation to alert the Rental Housing Officer within 10
days of the increase in the number of tenants in a dwelling unit above
that permitted in the approved Landlord Registration Statement and
the names of the new tenants.
b. Every tenant shall have the obligation to notify the landlord of
any increase in the number of tenants within 10 days of the arrival
of a new tenant;
c. Neither the tenant nor the landlord shall permit more tenants to
occupy the dwelling unit than the maximum number of tenants set forth
in the approved Landlord Registration Statement.
[Ord. No. 08-18 § 22A-7]
The maximum number of persons which may inhabit a dwelling unit
shall be computed as follows and certified in the Registration Statement:
a. Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
b. Dwelling units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements.
c. Maximum Occupancy. The maximum permitted number of tenants inhabiting
a building rented for residential purposes shall be stated in the
approved Registration Statement.
[Ord. No. 08-18 § 22A-8]
a. Light and Ventilation. Every room containing habitable space must
have at least one window capable of being opened or other opening
directly upon a street, yard, court or other open space. The total
area of such opening shall be not less than 12% of the floor area
of such room and in no case less than 12 square feet.
b. Bathroom and Kitchen. Each dwelling unit shall contain a full bathroom
(including water closet, lavatory and either a bathtub or shower)
and a kitchen, defined as an area for the preparation of food (including
a stove and a sink); a living room; and each bedroom must have direct
access to a hallway.
c. Structures that preexisted the adoption date of this section may
continue to be used as a dwelling unit notwithstanding they do not
meet the requirements of this section, provided their continued use
is permitted by the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et
seq., and the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1.1
et seq. (jointly referred to as "Uniform Fire Safety Code"). The landlord
shall submit a written request with the application for the Registration
Statement for such continued use along with a written explanation
as to how compliance with the Uniform First Safety Code create practical
difficulties.
[Ord. No. 08-18 § 22A-9]
a. It shall be an unlawful violation of this section for a tenant, landlord
or owner of a dwelling unit to allow a greater number of people than
the permitted maximum number of tenants listed in the Landlord Registration
Statement to rent or occupy any dwelling unit.
b. The Housing Enforcement Officer is authorized to issue summonses
for violations of this section to any owner, tenant or landlord found
to be in violation of this section.
c. Inspections. The Rental Housing Officer or his agents or duly designated
designee may make inspections to determine the condition of dwellings
containing a dwelling unit to be rented to a tenant prior to the issuance
of an approved Landlord Registration Statement. Any inspection must
be made within 10 business days of receipt of a Landlord Registration
Statement. For the purpose of making inspections, the Rental Housing
Officer is authorized to enter and examine any dwelling, dwelling
unit, rooming unit or premises at such reasonable hours as the circumstances
of the case permit with the permission of an occupant, tenant, owner
or landlord. In the event entry is denied, a Registration Statement
shall not be approved, and, upon the advice of the Township Attorney,
recourse to a court of competent jurisdiction may be pursued.
[Ord. No. 08-18 § 22A-10]
It shall be unlawful and in violation of this section for a
landlord or owner of a dwelling unit or tenant of a dwelling unit
or apartment:
a. To permit or allow people to reside in a dwelling unit in a number
in excess of the number of people for which sleeping accommodations
are provided in accordance with this section.
b. To lease or rent a dwelling unit where the number of tenants exceeds the total number of sleeping accommodations set forth in subsection
16-11.7 of this section.
c. To knowingly permit a number of people, greater than the maximum
number of occupants or tenants permitted, to occupy a dwelling unit.
d. For the landlord to fail to file with the Rental Housing Officer a Landlord Registration Statement as required by subsection
16-11.2 of this section for each building owned by him/her in the Township of Piscataway containing a dwelling unit.
e. To violate any other provisions of the New Jersey State Housing Code,
N.J.A.C. 5:28-1.1, et seq., and/or the Uniform Fire Safety Code.
f. To enter into a lease agreement without at least one tenant being
an adult, and requiring at least one adult tenant to sign the lease.
[Ord. No. 08-18 § 22A-11]
It shall be the legal duty of each holder of a Landlord Registration
Statement to immediately report any violations of this section which
he or she may know or believes to have occurred on the leasehold premises,
which report shall be made to the Rental Housing Officer or the Police
Department of the Township of Piscataway by the most expedient means
possible.
[Ord. No. 08-18 § 22A-12]
Any person who is found to have submitted false information,
documentation or identification in connection with an application
for a Landlord Registration Statement shall pay a minimum fine of
$500 plus court costs for a first offense; a minimum fine of $1,250,
plus court costs for a second offense; and a minimum fine of $2,500,
plus court costs for a third offense or each subsequent offense, for
each document containing false information, documentation or identification.
Any person who submits a false certification or documentation may
be subject to criminal prosecution, in addition to the penalties contained
herein. In addition to the foregoing, a Landlord Registration Statement
that is approved on the basis of information or documentation that
is knowingly false or fraudulent when made, shall be subject to revocation
pursuant to and in accordance with the provisions herein.
[Ord. No. 08-18 § 22A-13]
There shall be an annual fee of $100 to file a Landlord Registration
Statement for each building containing one or more dwelling units.
[Ord. No. 08-18 § 22A-14]
Any tenant renting a premises in the Township of Piscataway
who occupies the premises prior to obtaining an approved Landlord
Registration Statement shall be subject to immediate removal from
the premises at the direction of the Housing Enforcement Officer.
Any costs incurred by the Township associated with the removal and
subsequent relocation of any tenant shall be the responsibility of
the landlord and/or the tenant.
[Ord. No. 08-18 § 22A-15; Ord. No. 13-28]
In addition to the penalties set forth in subsection
16-11.12 of this section, owner or agent, landlord, tenant, and any person or corporation who shall violate any of the provisions of this section or fail to comply therewith or with any of the requirements thereof shall be liable for a fine of not less than $250 nor more than $2,000 per dwelling unit, community service or imprisonment for a period of not more than 90 days, or any combination thereof. Each and every day such violation continues shall be deemed a separate and distinct violation. Each violation of any provision of this section shall be a separate and distinct violation.
[Added 12-19-2023 by Ord. No. 2023-34]
The New Jersey Housing and Mortgage Finance Agency ("NJHMFA')
issues annual guidance for the authorized rents and income limits
for any affordable housing located in the State of New Jersey. All
Township Owned Affordable Housing unit rents for new leases shall
be the maximum allowable rent based upon the most recently published
annual guidance from the NJHMFA. The Township Administrator shall,
by October 31st of each year, determine the annual rent increase for
all existing tenants to be effective upon their lease renewals for
the following year, but said increase shall be no more than the lesser
of six (6%) percent annually or as allowable by law. Further, the
rent for any existing lease shall not be higher than the authorized
rents under the annual guidance provided by the NJHMFA.