[Added 11-20-2018 by Ord.
No. 62-81]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this section, shall have
the following meanings:
AGENT
The individual or individuals designated by the owner as
the person(s) 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 term
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.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit, consisting of one or
more rooms occupying all or part of a floor in a building, whether
designed with or without housekeeping facilities for dwelling purposes
and notwithstanding whether the apartment be designed for residence,
for office or the operation of any industry or business or for any
other type of independent use. Each unit shall contain no more than
one kitchen or cooking facility.
CERTIFICATE
The certificate issued by the City Clerk or his/her designee
attesting that the rental unit has been properly registered in accordance
with this section.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room
or rooms in a rooming/boarding house, 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 use
or occupancy thereof.
LICENSEE
The person to whom the certificate is issued pursuant to
this section. The term "licensee" includes within its definition the
term "agent," where applicable.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rental facility.
OWNER-OCCUPIED
A portion of a rental facility, dwelling commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the City.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless
of whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting
of fewer than five dwelling units and which has sleeping facilities
for fewer than 25 occupants, kept, used, maintained, advertised or
held out to be a place where living accommodations are supplied, whether
furnished or unfurnished.
RENTAL UNIT
A dwelling unit which is available by lease, rental or otherwise
to persons other than the owner. "Rental unit" shall not include that
portion of a rental facility or dwelling unit that is owner-occupied.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
All rental units, as defined in §
13-1.1, except for any building or buildings or structure comprising more than five dwelling units or apartments, shall hereafter be registered with the City Clerk or designee of the City of Linden, on forms which shall be provided for that purpose and which shall be obtained from the City Clerk or his/her designee. Such registration shall occur or an annual basis as provided herein.
Each rental unit shall be registered initially, yearly and with
each change of occupancy. The certificate term shall commence on January
1, 2019, and shall be valid for a calendar year, at which time it
shall expire and a new registration shall be required. All rental
units must file an initial registration which shall be submitted on
or before February 1, 2019.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
after any change in the information to be included thereon. No fee
is required for the filling of an amendment, except where the ownership
of the premises is changed.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit, within the City of
Linden which is not registered and licensed in accordance with this
section.
Upon the filing of a completed registration form and payment
of the prescribed fee and a satisfactory inspection, the owner shall
be entitled to the issuance of a certificate commencing on the date
of issuance and expiring on December 31 of the calendar year. A registration
form shall be required for each rental unit, and a certificate shall
issue to the owner for each rental unit, if more than one rental unit
is contained in the property.
At the time of the filling of the registration form, and prior
to the issuance of a certificate, the owner or agent of the owner
must pay a fee in accordance with the following:
a. An annual registration fee as follows: $100 per unit.
b. A reinspection fee as follows:
1. First reinspection: no charge.
2. Second reinspection: $50 per unit.
3. Any additional reinspection: $75 per unit.
c. If the owner of the property is a senior citizen who resides in a
unit of the properly and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no reinspection fee, but the payment
of the annual registration fee will still be required.
d. If the owner of the property is registered as a 501(c)3 corporation
and thus considered tax-exempt by the IRS, or has similar tax-exempt
status from the State of New Jersey and files annual returns if they
are incorporated, there shall be no reinspection fee, but the payment
of the annual registration fee will still be required.
e. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $50 will be assessed, a month, up to 90 days. Failure
to pay the initial fee and any late fee shall be deemed a violation
of this section.
f. Failure to pay any fee as required by this section shall be deemed
a violation of this section.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
section. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in conspicuous place within the rental unit(s).
No rental unit may be registered and no permit shall issue for
a property containing a rental unit unless all municipal taxes, water
and sewer charges and any other municipal assessments are paid on
a current basis.