[Ord. No. 593-11]
This chapter shall be known as the "Rental License Ordinance"
of the Borough.
[Ord. No. 593-11]
The Board of Commissioners finds, determines and declares that:
a.
The New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(n),
effective on January 8, 1998, specifically authorized municipalities
to license and regulate the "rental of real property for a term of
less than 175 consecutive days for residential purposes by a person
having a permanent place of residence elsewhere." This statute was
enacted to assist shore-area municipalities in controlling seasonal
rentals, and in preserving the quality of life for year-round residents.
b.
Cape May Point is a small resort community with a year-round population
of approximately 290 residents, which experiences an enormous influx
of visitors each summer, many of whom seek to rent temporary accommodations
while continuing to maintain a permanent residence elsewhere. As of
the summer of 2010, the Borough of Cape May Point had well over 200
rental units that met the definition set forth in N.J.S.A. 40:52-1(n).
c.
Because of the great demand for seasonal accommodations in Cape May
Point, seasonally rented accommodations are frequently overcrowded
by tenants and other occupants who, in an effort to reduce the per-occupant
cost of renting the premises, often permit many more occupants in
the premises than authorized by this Code. Some property owners and/or
their agents either conceal occupancy limitations from tenants or
tacitly permit overcrowded conditions in order to maximize their rents
and commissions.
d.
Seasonal rental accommodations in Cape May Point have been detrimental
to the health, safety, welfare and quality of life of other nearby
residents and visitors. Problems associated with seasonal rental accommodations
in Cape May Point include excessive noise, unruly behavior, littering,
parking of vehicles on lawns, poor maintenance of the property and
grounds and violation of trash collection ordinances. Many of these
problems are exacerbated by excessive occupancy.
e.
Seasonal rental accommodations in Cape May Point also contribute
to significant overcrowding in the community and a shortage of on-street
parking spaces. As a result of such conditions, residents who attempt
to find an on-street parking space often must park several blocks
from their homes. In addition, the overcrowded parking conditions
lead to unlawful parking at intersections and near fire hydrants,
which threaten public safety.
[Ord. No. 593-11]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning.
Shall mean 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 chapter. The term does not include
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; unless such broker
or salesperson shall affirmatively consent to act as such agent or
managing agent.
Shall mean any apartment, cottage, bungalow or other dwelling
unit consisting of one or more rooms occupying all or part of a floor
or floors in a building of one or more floors or stories, but not
the entire 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.
Shall mean any building or structure, or part thereof, used
for human habitation, use or occupancy and includes any accessory
building and appurtenance belonging thereto or usually enjoyed therewith.
Shall mean 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 use and occupancy thereof. This definition
applies only to those dwelling units, including single-family residences,
which are available for lease or rental purposes or are available
to transient guests of retreat lodging facilities.
See Owner.
Shall mean the license issued by the Borough attesting that
the rental unit has been properly registered and inspected at required
intervals in accordance with this chapter.
Shall mean the municipal official or employee designated
to receive rental license applications and registrations and to issue
licenses pursuant to this chapter.
Shall mean May 1st to April 30th of the following year or
any portion thereof.
[Amended 3-9-2023 by Ord. No. 01-2023]
Shall mean the person to whom the license is issued pursuant
to this chapter. The term licensee includes within its definition
the term agent or managing agent where applicable.
See Agent.
Shall mean the person who owns, purports to own or exercises
control over any building.
Shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
Shall mean the person who negotiates for the lease of the
rental unit on behalf of the owner. Such person shall be the holder
of the required license mandated by the State of New Jersey. The rental
agent is not the managing agent under the terms of this chapter unless
the rental agent should expressly consent to assume such duties and
obligations.
Shall mean a building or structure which contains one or
more rental units.
Used collectively shall mean and include the term apartment
or dwelling, building, dwelling unit, as defined by this chapter.
This definition shall not apply to any single-family home which is
not available for rental purposes.
Shall mean a building or structure, including but not limited
to any related structure, accessory building, and land appurtenant
thereto, and any part thereof, owned by a nonprofit corporation or
association which has tax-exempt charitable status under the Federal
Internal Revenue Code and which has sleeping facilities used exclusively
on a transient basis by persons participating in programs of a religious,
cultural or educational nature, conducted under the sole auspices
of one or more corporations or associations having tax-exempt charitable
status under the Federal Internal Revenue Code, which are made available
without any mandatory charge to such participants.
Shall mean any person who occupies any rental unit pursuant
to the terms of a lease agreement, whether written or oral, or who
occupies a rental unit pursuant to permission or license of any kind
granted by an owner or owner's agent. The term shall be construed
liberally to include not only tenants but guests and occupants. The
term shall also include sub-tenants.
[Ord. No. 593-11]
All rental property and rental units contained therein and located
within the Borough shall be required to be registered, inspected and
licensed annually by the Borough. No rental property or rental unit
shall be hereafter occupied unless such property complies with the
provisions of this chapter.
[Ord. No. 593-11]
No persons shall hereafter occupy any rental unit, nor shall
the owner, managing agent or rental agent permit occupancy of any
rental unit within the Borough unless the same has been registered,
inspected and licensed in accordance with this chapter.
[Ord. No. 593-11]
Any landlord who leases a rental unit while such unit is unlicensed
and who represents to any tenant and/or real estate agent, real estate
broker, real estate office, attorney or other agent that such unit
is properly licensed, shall be deemed in violation of this chapter
and subject to the fines and penalties herein. Each day that a tenant
shall remain in occupancy of such unlicensed premises shall be considered
a separate and distinct violation of this chapter.
[Ord. No. 593-11]
Any tenant who knowingly leases and/or occupies an unlicensed
unit shall be deemed in violation of this chapter and subject to the
fines and penalties included herein. Each day such tenant shall remain
in occupancy of such unlicensed premises shall be considered a separate
and distinct violation of this chapter.
[Ord. No. 593-11]
Any real estate agent, real estate broker, real estate office,
attorney or other party who knowingly acts as a representative of
the landlord, tenant or both in order to effectuate the leasing and/or
occupancy of an unlicensed premises, shall be deemed in violation
of this chapter and subject to the fines and penalties herein provided.
The Borough will, on request and without charge, provide to each real
estate office a list of all units which have been licensed.
[Ord. No. 593-11]
All rental units shall hereafter be registered with the Borough
Licensing Clerk on forms which shall be provided for that purpose
by the Borough. Such registration shall be required on an annual basis
as provided herein. A registration form shall be required for each
rental unit and a rental license shall be required for each individual
rental unit.
[Ord. No. 593-11; amended 3-9-2023 by Ord. No. 01-2023]
The owner of a rental unit shall submit to the Licensing Clerk
a registration form, a license application together with the required
fee, and a copy of the liability insurance certificate or insurance
policy declaration page covering the property, the amount of which
shall be, at minimum, that which is required by the laws of the State
of New Jersey.
[Ord. No. 593-11]
In order for a person to qualify for a rental license, all municipal
taxes, water and sewer charges and other municipal assessments on
a rental property must be paid on a current basis and satisfactorily
pass a fire inspection.
[Ord. No. 593-11]
No rental license will be issued to a person unless a rental
unit satisfactorily passes a fire inspection each year. Any application
submitted without a valid fire inspection certificate will be returned
and deemed incomplete.
[Ord. No. 593-11]
All owners of a rental property shall be required to make arrangements
for a yearly fire inspection. Each owner is responsible to arrange
for a date and time to allow the Fire Inspector access to the property.
[Ord. No. 593-11]
Fire inspections will include:
[Ord. No. 593-11]
Each licensee granted a license pursuant to this chapter shall
be permitted to lease or rent the rental unit to a number of tenants
and occupants, which number shall not exceed the number which has
been computed in accordance with the following:
a.
Every room occupied for sleeping purposes for one occupant 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 except that
any such room in any building or structure which is in existence and
for which a certificate of occupancy has been issued as of March 31,
1988 shall be deemed to accommodate two people notwithstanding the
fact that such room does not have a minimum of 100 square feet as
required by this section.
b.
Rental units shall not be occupied by more occupants than permitted
by the Minimum Occupancy Area Requirements of the table hereinafter
set forth.
|
Combined living room and dining room spaces shall comply with
the requirements of the table hereinafter set forth if the total area
is equal to that required for separate rooms and if the space is so
located that it functions as a combination living/dining room.
|
|
MINIMUM OCCUPANCY REQUIREMENTS
Minimum occupancy area in square feet (square meters)
| |||
|---|---|---|---|
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 or More Occupants
|
|
Living Room
|
No requirements
|
120 (11.16)
|
150 (13.95)
|
|
Dining Room
|
No requirements
|
80 (7.44)
|
100 (9.3)
|
|
Kitchen
|
50 (4.65)
|
50 (4.65)
|
60 (5.58)
|
[Ord. No. 593-11]
The maximum number of occupants shall be posted in each rental
unit. It shall be unlawful for any person, including a tenant, guest,
occupant or invitee to allow a greater number of persons than the
maximum number of occupants to sleep in or occupy overnight the rental
unit. Any person violating this provision shall be subject to the
penalty provision hereof.
[Ord. No. 593-11; amended 3-9-2023 by Ord. No. 01-2023]
The license term shall be from May 1st to April 30th.
[Ord. No. 593-11]
In the event that a property containing one or more licensed
rental units is sold, assigned or transferred during the licensed
year, the rental license shall be transferable to the new owner.
[Ord. No. 593-11; Ord. No. 605-12; Ord. No.
2015-15; amended 3-9-2023 by Ord. No. 01-2023]
a.
Rental Properties: $200.00 per unit if license purchased on or before
April 30th or $300.00 thereafter. If a property owner purchases a
property after April 30th and wishes to begin renting the property,
the initial registration fee will be $200.00.
b.
Hotels, Motels, Multiple Dwellings and Retreat Lodging Facilities:
$200.00 per unit for up to three (3) units in one (1) structure if
the license is purchased on or before April 30th or $250.00 per unit
thereafter. And in either case $50.00 for each additional unit exceeding
three (3).
[Ord. No. 593-11; Ord. No. 2015-15]
[Ord. No. 593-11]
a.
Any person, firm, association or corporation violating any of the
provisions of this chapter shall, upon conviction, be subject to one
or more of the following:
b.
Any person, firm, association or corporation convicted of violating
this chapter within one year of the date of a previous violation and
who was fined for the previous violation shall be sentenced by the
Court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person, firm, association or corporation
for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of the chapter, but shall be
calculated separately from the fine imposed for the violation of the
chapter.
c.
The foregoing penalties shall be in addition to any other penalty
provided in this chapter and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35.
