[1980 Code § 167A-1]
As used in this section:
Shall mean the individual or individuals designated by the
owner as the person or persons authorized by the owner to perform
any duty imposed upon the owner by this section. The term does not
necessarily mean a licensed real estate broker or salesman of the
State of New Jersey as those terms are defined by N.J.S.A. 45:15-3;
however, such terms may include a licensed real estate broker or salesman
of the State of New Jersey if such person designated by the owner
as his agent is so licensed.
Shall mean a building or group of buildings constituting
a multiple dwelling, as defined by the State of New Jersey, containing
three or more dwelling units or apartments, which are located within
close proximity of each other and are owned by the same owner.
[Amended 10-1-2020 by Ord. No. 2629]
Shall mean any cottage, bungalow, room or group of rooms
occupying all or part of a floor or floors in a building, with or
without housekeeping facilities for dwelling purposes.
[Amended 10-1-2020 by Ord. No. 2629]
Shall mean the license issued by the Multidwelling Administrator
of the Borough of Roselle Park or designee attesting that the rental
unit has been properly registered in accordance with this section.
Shall mean the person to whom the license is issued pursuant
to this section. The term "license" includes within its definition
the term "agent" where applicable.
Any building of one or more stories in which three or more
dwelling units are occupied or are intended to be occupied by three
or more persons who live independently of each other.
[Added 10-1-2020 by Ord.
No. 2629]
Shall mean any person or persons, firm, corporation, or officer
thereof, partnership association or trust who owns, operates, exercises
control over or is in charge of a rental facility.
Shall mean an individual, firm, corporation, partnership,
association, trust or other entity or any combination thereof.
Shall mean every building, group of buildings or a portion
thereof 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 or more individuals
and is meant to include within its definition the terms "apartments"
and "apartment complexes" where applicable.
[Amended 10-1-2020 by Ord. No. 2629]
Shall mean a dwelling unit which is available for lease or
rental purposes and is meant to include individual apartments located
within apartment complexes.
Occupancy of a dwelling unit by one or more tenants.
[Added 10-1-2020 by Ord.
No. 2629]
The occupant of a dwelling unit other than the owner.
[Added 10-1-2020 by Ord.
No. 2629]
[1980 Code § 167A-2; amended 10-1-2020 by Ord. No. 2629]
Multiple dwellings classified as apartment buildings or complexes
with three or more dwelling units shall hereafter be registered with
the Multidwelling Administrator or designee of the Borough of Roselle
Park, or such other person as designated by the Governing Body on
forms which shall be obtained from the Multidwelling Administrator
or designee. Upon registering, each unit shall be issued a license.
After the initial registration, a new license will be required upon
the change of tenant occupancy.
[1980 Code § 167A-3; 2-17-1998 by Ord. No. 1921; amended 10-1-2020 by Ord. No. 2629]
Each rental unit shall be licensed with each change of occupancy.
The initial registration shall occur within 90 days following the
adoption of this section on February 17, 1998. Any lease which was
executed prior to the adoption of this section, shall not be effected,
but the rental unit must nevertheless be registered and licensed in
accordance with this section. No rental unit shall hereafter be rented
unless the rental unit is registered, inspected and licensed in accordance
with this section.
[1980 Code § 167A-4; amended 10-1-2020 by Ord. No. 2629]
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all required residential units as described herein
shall be registered and licensed in the manner prescribed by the Borough
of Roselle Park. Every owner shall file with the Multidwelling Administrator
of the Borough of Roselle Park, or designee or such other person as
designated by the Governing Body, a registration form for each dwelling
unit contained within a building or structure, which shall include
the following information:
a.
The name and address of the record owner or owners of the premises
and record owner or owners of the rental business if not the same
persons. In the case of a partnership the names and addresses of all
general partners shall be provided, together with the telephone numbers
for each of such individuals indicating where such individual may
be reached both during the day and evening hours. If the record owner
is a corporation, the name and address of the registered agent and
corporate officers of the corporation shall be provided, together
with the telephone numbers for each of such individuals indicating
where such individual may be reached both during the day and evening
hours.
b.
If the address of any record owner is not located in Roselle Park
or in Union County, the name and address of a person who resides in
Union County 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.
c.
The name and address of the agent of the premises, if any.
d.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
e.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the future of
any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection herewith.
f.
The name and address of every holder of a recorded mortgage on the
premises.
g.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
h.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirements
of this provision, an owner shall submit a floor plan which shall
become part of the application and which shall be attached to the
registration form when filed by the Multidwelling Administrator or
designee.
i.
The number of tenants who occupy the rental unit and the number of
tenants under the age of eighteen (18), the number of adults over
eighteen (18) and children under two (2) years of age.
j.
Such other information as may be prescribed by the Borough.
[1980 Code § 167A-5]
The Multidwelling Administrator or designee shall index and
file the registration forms. In doing so, the Multifamily Administrator
or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended
and supplemented, so that the filing of the registration form will
simultaneously satisfy the registration requirements of N.J.S.A. 46:8-8
to the extent that it applies to the property being registered and
will also satisfy the registration requirements of this section.
[1980 Code § 167A-6; 10-1-2020 by Ord. No. 2629]
Every person required to file a registration form pursuant to this section shall file an amended registration form within 20 days after any change in the information required to be included thereon pursuant to Subsection 18-1.4 of this section. No fee shall be required for the filing of an amendment except where the tenancy of a dwelling unit is changed.
[1980 Code § 167A-7]
a.
Each rental unit shall be inspected upon change of occupancy and
a new license obtained. Inspections will be carried out within three
working days of notice by the landlord or his agent, or as soon thereafter
as practicable based upon the Borough of Roselle Park's workforce
availability.
[Amended 10-1-2020 by Ord. No. 2629]
b.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough, and inspections made
by persons or an agency other than the duly authorized and appointed
person or agency of the Borough shall not be used as a valid substitute.
c.
Such inspections shall be for the purpose of determining Zoning Code[1] compliance and, to the extent applicable, determining
if the property complies with the Property Maintenance Code, 2015
International Property Maintenance Code and its successor documents
as published by the International Code Council (ICC), and Uniform
Fire Safety Act.[2]
[Amended 10-1-2020 by Ord. No. 2629]
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 licensed, and the owner 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 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 chapter and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of subsection 18-1.17.
[1980 Code § 167A-8]
a.
The Inspection Officers are hereby authorized to make inspections
to determine the condition of the applicable dwelling units in order
that they may promote the purposes of this section to safeguard the
health, safety and welfare of the occupants and of the general public.
For the purpose of making such inspections, the Inspecting Officers
are hereby authorized to enter, examine and survey the rental units
at all reasonable times. The owner and occupant of every rental unit
shall give the Inspecting Officers free access to the rental unit
at all reasonable times for the purpose of such inspections, examinations
and surveys.
b.
Every occupant shall give the owner of the rental unit access to
any part of such rental unit at all reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or a lawful order issued pursuant
thereto.
c.
Complaints. Within 10 business days of receipt of a complaint alleging
a reported violation of this section, an Inspecting Officer shall
conduct an inspection as hereinbefore provided.
[Amended 10-1-2020 by Ord. No. 2629]
[1980 Code § 167A-9]
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Borough which
is not registered and licensed in accordance with this section.
[1980 Code § 167A-10]
Upon the filing of a completed licensing form, payment of the
prescribed fee and inspection, the owner shall be entitled to the
issuance of a license commencing on the date of the issuance. A licensing
form shall be required for each change in occupancy in each rental
unit, and a license shall issue to the owner for each rental unit.
[1980 Code § 167A-11; Ord. No.
2460-2016]
a.
At the time of the filing of the registration form, and prior to
the issuance of a license, the owner or agent of the owner must pay
a fee in accordance with the following:
1.
An initial registration fee of $150 per dwelling unit.
[Amended 2-18-2021 by Ord. No. 2643]
2.
Upon change of occupancy, a fee of $125.
[Amended 2-18-2021 by Ord. No. 2643]
3.
If there is a violation and a reinspection fee is required, a fee
of $100.
[Amended 2-18-2021 by Ord. No. 2643]
4.
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining units, who would
otherwise qualify under the State of New Jersey for a property tax
deduction under N.J.S.A. 54:4-8.41, there shall be no fee for that
unit.[1]
[1]
Editor's Note: Former Subsection a5, regarding the ninety-day
amnesty period following the effective date of this chapter, was repealed
10-1-2020 by Ord. No. 2629.
[1980 Code § 167A-12; amended 10-1-2020 by Ord. No. 2629]
a.
Every owner shall provide each tenant occupying a rental unit with
a copy of the registration form and license granted as required for
that unit by this section upon a change of tenancy. This provision
may be complied with by posting a copy of the registration certificate
in a conspicuous place within the rental unit(s).
b.
Every owner shall conspicuously post the following information in at least one common area, lobby, or publically accessible location within a multiple dwelling and keep the same updated in similar accordance with the provisions of Subsection 18-1.6:
1.
The name of the multiple dwelling along with the property address
of the same;
2.
The name, address, and daytime phone number of the owner of record;
3.
The name, address and daytime phone number of the management agent
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;
4.
The name, address (including the dwelling unit number) and phone
number of the on-site superintendent, janitor, custodian and/or other
individual employed by the owner or agent to provide regular maintenance
service, if any;
5.
The name, address and emergency telephone number of an individual
or individuals representative of the owner or agent who may be reached
or contacted on any day, at any time, day or night, in the event of
an emergency affecting the premises or any unit of dwelling space
therein, including such emergencies as the future of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
herewith.
[1980 Code § 167A-13]
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted number of occupants to sleep in or occupy the unit overnight. Any person violating this provision shall be subject to the penalty provisions of subsection 18-1.17.
[1980 Code § 167A-14]
No rental unit may be registered and no license shall issue
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
[1980 Code § 167A-15; amended 10-1-2020 by Ord. No. 2629]
All dwelling units shall be maintained in accordance with the
2015 International Property Maintenance Code and its successor documents
as published by the International Code Council (ICC).
[1980 Code § 167A-16]
a.
Nuisance Prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it shall constitute a nuisance as defined in the
ordinances of the Borough of Roselle Park.
b.
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 the applicable
ordinances and regulations of the Borough of Roselle Park and with
all applicable State and Federal laws.
[1980 Code § 167A-17]
Any person who violates any provision of this section shall,
upon conviction in the Municipal Court of the Borough of Roselle Park
or such other court having jurisdiction, be liable to a fine not exceeding
one thousand ($1,000.00) dollars or imprisonment for a term not exceeding
thirty (30) days, or both. Each day that a violation occurs shall
be deemed a separate and distinct violation subject to the penalty
provisions of this section.
[1980 Code § 167A-18]
a.
In addition to any other penalty prescribed herein, an owner may
be subject to the revocation or suspension of the license issued hereunder
upon the happening of one (1) or more of the following:
1.
Conviction of a violation of this section in the Municipal Court
or any other court of competent jurisdiction.
2.
Determination of a violation of this section at a hearing held pursuant
to paragraph b herein.
3.
Continuously renting the unit or units to a tenant or tenants who
are convicted of a violation of the Noise Ordinance of the Borough.
4.
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this section.
5.
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to a person or property.
b.
Procedure; Written Complaint; Notice; Hearing.
1.
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: the Chief of Police,
Construction Code Official, Housing Inspector, Zoning Enforcement
Officer or any other persons or office authorized to file such complaint.
Such complaint shall be in writing and filed with the Multidwelling
Administrator or designee. The complaint shall be specific and shall
be sufficient to apprise the licensee of the charges so as to permit
the licensee to present a defense. The individual(s) filing the complaint
may do so on the basis of information and belief and need not rely
on personal information.
[Amended 10-1-2020 by Ord. No. 2629]
2.
Upon filing of such written complaint, the Multidwelling Administrator
or designee shall immediately inform the Governing Body, and a date
of a hearing shall be scheduled which shall not be sooner than 10
nor more than 30 calendar days thereafter. The Multidwelling Administrator
or designee shall forward a copy of the complaint and a notice as
to the date of the hearing to the licensee and the agent, if any,
at the address indicated on the registration form. Service upon the
agent shall be sufficient.
[Amended 10-1-2020 by Ord. No. 2629]
3.
The hearing required by this section shall be held before the Governing
Body unless, in its discretion, the Governing Body determines that
the matter should be heard by a hearing officer, who shall be appointed
by the Governing Body. If the matter is referred to a hearing officer,
such officer shall transmit his findings of fact and conclusions of
law to the Governing Body within 30 calendar days of the conclusion
of the hearing. The Governing Body shall then review the matter and
may accept, reject or modify the recommendations of the hearing officer
based on the record before such hearing officer. In the event that
the matter is not referred to a hearing officer and is heard by the
Governing Body, then the Governing Body shall render a decision within
30 calendar days of the conclusion of the hearing. Following the hearing,
a decision shall be rendered dismissing the complaint, revoking or
suspending the license or determining that the license shall not be
renewed or reissued for a determined period time.
[Amended 10-1-2020 by Ord. No. 2629]
4.
A stenographic transcript may be made of the hearing at the expense
of the landlord, if desired by the landlord. All witnesses shall be
sworn prior to testifying. The strict rules of evidence shall not
apply, and the evidential rules and burden of proof shall be that
which generally controls administration hearings.
[Amended 10-1-2020 by Ord. No. 2629]
5.
The Borough Prosecutor, or his designee, shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
c.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental license
by demonstrating that the owner has taken appropriate action and has
made a good faith effort to abate the conditions or circumstances
giving rise to the revocation proceeding, including but not limited
to the institution of legal action against the tenant(s), occupant(s)
or guests for recovery of the premises, eviction of the tenant(s)
or otherwise.
[1980 Code § 167A-19; amended 10-1-2020 by Ord. No. 2629]
This section shall be enforced by the Residential Tenancy Inspector,
the Apartment House Inspector, more broadly by the Director of Code
Enforcement or their designee, and/or the Police Department.
[1980 Code § 53-1]
The landlord/sponsor of each rental unit converted to a condominium
or cooperative after the effective date of the Senior Citizens and
Disabled Protected Tenancy Act[1] shall pay a fee of fifty ($50.00) dollars per rental unit
to the Borough of Roselle Park. This fee shall be for the purpose
of offsetting the cost to the Borough of administering this statute
at the local level.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.
[1980 Code § 53-2]
a.
The Governing Body hereby establishes an Appeals Board, which Board
shall hear and determine appeals from decisions rendered by the administrative
agent under and pursuant to the Senior Citizens and Disabled Tenancy
Act.
b.
The Appeals Board shall be composed of three (3) persons chosen by
the Mayor. These persons shall serve without compensation. The term
of the appointee shall be for one (1) calendar year.
[1980 Code § 53-3]
As a prerequisite to the filing of an appeal with the Appeals
Board, each applicant shall pay a fee of three hundred ($300.00) dollars
to the Borough.
[1980 Code § 80-1]
The owner of any apartment complex within the Borough which
consists of two hundred fifty (250) units or more shall be required
to provide security guard services upon the premises in accordance
with the provisions hereinafter set forth.
[1980 Code § 80-2]
For the purposes of this section, the term "Apartment Complex"
shall be deemed to mean two (2) or more apartment buildings under
common ownership and management which are situated on one (1) lot
or on adjacent lots and operated as a single entity. In this context,
the term "Apartment Building" shall be defined as follows: a structure
containing two (2) or more self-contained groups of rooms which are
designed, constructed and used as dwelling units, each of which is
set apart from other units or portions of the structure by way of
a separate entranceway.
[1980 Code § 80-3]
A minimum of one (1) uniformed security guard shall be on duty
between the hours of 8:00 p.m. and 3:00 a.m., seven (7) days per week,
upon the premises of each apartment complex to which this section
applies. During the specified hours, each guard on duty shall make
periodic patrol and inspection of the premises and shall undertake
all actions necessary to assure the personal safety, privacy and protection
of property of the residents of each apartment complex and their guests.
[1980 Code § 80-4]
Failure to comply with the provisions of this section shall
result in the imposition of a fine in the amount of one hundred ($100.00)
dollars upon the owner of the apartment complex in which such violation
occurs. Such owner shall be subject to separate fines as aforesaid
for each and every day that any such violation continues.
