[Adopted 4-6-2015 by Ord. No. 2466]
A. 
The Borough of Somerville and the residents thereof have experienced disturbances; damage and public expense resulting from carelessly granted and inadequately supervised rentals to irresponsible tenants by inept or indifferent landlords.
B. 
To preserve the peace and tranquility of the Borough, it is necessary and desirable to provide adequate means to curb and discourage those occasional excesses arising from irresponsible rentals.
C. 
The New Jersey Legislature authorized the governing body of any municipality to enact ordinances holding landlords to standards of responsibility in the selection of tenants and supervision of the rental premises, requiring that under certain circumstances, such landlords may be held responsible for the disorderly behavior of their tenants, and the consequences of such behavior.
D. 
Accordingly, it is the purpose of this section to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords be held to sufficient standards of responsibility.
As used in this section:
DWELLING UNIT
All or any part of a detached single-family structure or building or multi-household structure or building in which any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
HEARING OFFICER
A person designated to hear and determine proceedings under this section.
LANDLORD
The person or persons who own or purport to own a 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. In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.
QUALITY OF LIFE VIOLATION
Disorderly, indecent, tumultuous, or riotous conduct, including, by way of example, but not limited to simple assault, terroristic threats, harassment, public urination or defecation, lewdness, criminal mischief, crimes against persons or property, excessive noise; or violation of police regulations, housing or property maintenance violations of the Ordinances of the Borough of Somerville. For purposes of this section, "quality of life violation" shall refer to the conduct listed here, which occurs on or in proximity to a rental premises and is attributable to any of the tenants of those premises or their guests. A quality of life violation shall be deemed to have occurred in proximity to a rental premises if such quality of life violation occurred in the adjacent public right-of-way or on any adjacent property.
RENTAL PREMISES
One or more dwelling units, which are occupied by persons other than the owner, his co-inhabitants, or guests, under either a written or oral lease.
SUBSTANTIATED COMPLAINT
A complaint which has been substantiated by prosecution and conviction in any court of competent jurisdiction.
No landlord shall knowingly permit a tenant to remain in occupancy of rental premises if that tenant, or that tenant's guests, commit repeated quality of life violations on or in proximity to the rental premises wherein such tenant resides.
If, in any twelve-month period, two substantiated complaints of quality of life violations on or in proximity to rental premises are attributable to any of the tenants of those premises or their guests, the governing body, or any officer or employee of the municipality designated by the governing body for the purpose, may institute the following proceedings to hold the landlord responsible for future quality of life violations.
A. 
Upon the occurrence of a substantiated complaint of a quality of life violation, the governing body, or the officer or employee designated to enforce this section, shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by certified and regular mail, at the address appearing on the tax records of the municipality, and providing a copy of this section.
B. 
Upon the occurrence of a second substantiated complaint of a quality of life violation, the governing body or the officer or employee designated to enforce this section shall cause to be served upon the landlord, in person or by certified and regular mail to the address appearing on the tax records of the municipality, notice advising of a hearing to be held for the purpose of determining whether to hold the landlord responsible for future quality of life violations, together with particulars of the substantiated complaints forming the basis for the hearing, and of the time and place at which a hearing will be held in the matter, which shall be held 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.
A. 
At the hearing convened pursuant to the previous subsection of this section, the hearing officer shall give 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.
B. 
At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be held responsible for future quality of life violations.
C. 
If, prior to the date of the hearing, it shall be proven that the landlord has filed a complaint in the Superior Court, seeking eviction of the tenant or tenants convicted, or whose guests were convicted, of the quality of life violations, the hearing shall be adjourned for a period not to exceed 90 days. Should the landlord present proof that the tenant or tenants have been removed or otherwise no longer reside in the rental premises within this time, the proceeding shall be dismissed. Should the landlord fail to present such proof within the period of adjournment, the hearing shall be held and determined in accordance with this subsection.
D. 
It shall be a defense to this proceeding, if, by the time of the hearing, the landlord shall prove:
(1) 
That the tenant or tenants convicted, or whose guests were convicted, of the quality of life violations no longer reside in the rental premises; or
(2) 
That the landlord diligently prosecuted an eviction in good faith against a tenant subject to eviction under state law, but that, through no fault of the landlord, the Superior Court refused to evict the tenant. This defense shall be strictly construed against the landlord. It shall be within the discretion of the hearing officer to determine whether the landlord has established this defense.
A. 
If, following the hearing, the hearing officer determines that the landlord shall be responsible for future quality of life violations, each and every future quality of life violation committed by that landlord's tenant or that tenant's guests shall be deemed a separate violation of this section by the landlord, and the landlord shall be subject to a penalty in an amount equal to the fines and penalties levied against the tenant or the tenant's guest for such quality of life violation.
B. 
In addition, the landlord shall be liable for a sum equal to:
(1) 
Any damage caused to public or private property and any damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises resulting from the quality of life violation; and
(2) 
The cost to the Borough of Somerville incurred in repressing and prosecuting the quality of life violation.
C. 
The fines, penalties, and liabilities herein shall be collected by way of summons and action in the Somerville Municipal Court or in the Superior Court as appropriate.
A. 
The landlord shall remain liable for future quality of life violations for a period of four years from the date of the most recent quality of life violation.
B. 
After a period of four years without a quality of life violation, the landlord shall be released from liability for further quality of life violations, unless new proceedings are instituted pursuant to this article.