[HISTORY: 1984 Code §§ 124-1—124-9 as amended through December 31, 2016. Amendments d where applicable.]
The purposes of this chapter are as follows:
To protect the health, safety and welfare of residential tenants by ensuring that both the interior and exterior of all rental properties are maintained in a safe and sanitary condition.
To protect the welfare of residential tenants by assuring that maximum occupancy limits are not exceeded in rental units.
To protect the real estate values of properties located in close proximity to rental housing by requiring the upkeep and maintenance of building exteriors and outside property area.
[Ord. No. 14-2013]
This chapter shall apply to all residential uses with the following exceptions:
No person, agency, corporation, partnership, firm, company, owner, real estate agent, broker or any other individual shall hereafter rent, lease or sublet any residential unit, other than those exceptions enumerated in Section 124-2 of this chapter, without first obtaining from the Code Enforcement Officer a certificate of rental housing compliance stating that at the time of the proposed rental, lease or subletting, the unit complies with the property maintenance standards of this chapter and is approved for occupancy.
All rental housing not exempted in Section 124-2 of this chapter shall comply with the following codes and regulations which are hereby made a part of this chapter:
The Code Enforcement Officer shall prepare the necessary application form. This form shall be available at the City Clerk's office and at the Code Enforcement Office.
The applicant shall submit a completed application and all required fees to the Code Enforcement Office no less than seven business days prior to the date that a new tenant is anticipated to occupy the dwelling.
The Code Enforcement Officer or his designee shall inspect the building interior, exterior and outside premises to make sure that the premises comply with the standards incorporated in Section 124-4 of this chapter. Said inspection shall only be conducted when the unit is vacant.
Within seven business days of receipt of a complete application, the Code Enforcement Officer shall issue either a certificate of rental housing compliance, a conditional certificate of rental housing compliance or a denial of rental housing compliance, in accordance with the following:
If the dwelling complies with the above referenced codes and regulations, the Code Enforcement Officer or his designee shall issue a certificate of rental housing compliance approving the unit for occupancy.
If the dwelling fails to comply with all of the above-referenced codes and regulations, but none of the violations are determined to jeopardize the health, safety or welfare of intended occupants, the Code Enforcement Officer or his designee can issue a conditional certificate of rental housing compliance which allows the new tenant to occupy the unit prior to repairs being completed. The conditional certificate of rental housing compliance shall establish a definite time frame for completion of all required repairs. A list of all necessary repairs shall be provided at the time of issuance.
If the building fails to comply, and it is determined that such violations endanger the health, safety or welfare of the intended occupants, the Code Enforcement Officer or his designee shall issue a denial of rental housing compliance stating that the unit is not to be occupied until all required repairs are completed and approved. A list of necessary repairs shall be provided at the time of issuance.
If a conditional certificate of rental housing compliance or a denial of rental housing compliance are issued, the applicant shall perform the required work and obtain all necessary inspections from the Office of Code Enforcement prior to requesting a reinspection. The reinspection and issuance of a subsequent certificate, conditional certificate or denial shall occur within five business days of receipt of a request of reinspection.
The certificate of rental housing compliance, conditional certificate of rental housing compliance or denial of rental housing compliance shall be permanently displayed in the apartment unit until such time as it is replaced by a more current certificate, conditional certificate or denial.
The fee for an inspection required to issue a certificate of rental housing compliance shall be $35, and any required reinspections shall be $50. All fees shall be paid prior to the inspection being performed.
Beginning January 1, 1996, the following information shall be provided to each tenant by the property owner or the property owner's agent:
A truth in renting statement prepared by the Department of Community Affairs, in accordance with the Truth in Renting Act (N.J.S.A. 46:8-43 et seq.), shall be distributed to all tenants living in buildings with more than two dwelling units.
A copy of the registration statement filed with the City Clerk and/or New Jersey Bureau of Housing Inspection.
A copy of the New Tenant Notification Form provided by the City of South Amboy. Said form shall be signed by the tenant and maintained by the owner during the term of the tenancy. For buildings with more than four units, the form shall be maintained in a log at the rental office.
Every owner of any building or structure which comes under the provision of this chapter shall, by January 1, 1996, file with the Code Enforcement Office a written registration statement. For buildings with three or more units, the registration statement shall be the certificate of registration filed with the New Jersey Bureau of Housing Inspection. For buildings with fewer than three dwelling units, the registration statement shall contain the following information on a form to be provided by the City of South Amboy:
The names and addresses of the owners in title of the property.
If the record owner is a corporation, the name of the registered agent that will accept all legal notices on behalf of the corporation.
If the owner is an entity other than an individual (i.e., a corporation, company, trade name, partnership, trust, condominium association or other legal entity), the name and address of each partner and/or owner or person having a beneficiary interest. In the case of a corporation, the names and addresses of each stockholder if the total number of stockholders is 20 or less. In any event, with regard to corporate ownership, the registry shall disclose the name and address of any stockholder who either owns directly or beneficially 10% of the stock of the corporation.
The name, address and telephone number of the managing agent of the premises, if any.
The name, address and telephone number, including the dwelling unit, apartment or room number, of the superintendent, janitor, custodial or other individual employed by the record owner or managing agent to provide regular maintenance service, if applicable.
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 any emergency affecting the premises or property or any unit or dwelling or commercial space therein and who has the authority to make emergency decisions concerning the building or property and any repair thereto or expenditure in connection therewith.
The number of dwelling units by unit type.
If there is any change in any of this information, an amended registration statement must be filed within 20 days and the amended statement posted and distributed to tenants within seven days of filing.
The certificate of registration required for a building of three or more units shall be posted in a conspicuous location where it can easily be seen by tenants.
The initial registration for all buildings shall also be accompanied by a floor plan and the square footage for each unit type to be used by the city to establish maximum occupancy limits for each unit type.
Unless otherwise provided by law:
Any owner of rental property who fails to distribute required information to tenants, fails to secure a required certificate of rental housing compliance, fails to enforce maximum occupancy limitations or fails to register with the city shall be subject to a fine of $100 for the first offense, $200 for the second offense, $500 for the third offense and $1,000 for the fourth and all subsequent offenses that occur within 12 months of a previous occurrence.
In any apartment unit that violates maximum occupancy restrictions, the tenant named on the lease shall be subject to a fine and/or eviction, in accordance with the following: