[Ord. 6 S+FB, 9-2-1987]
This chapter shall be known and cited as the "Anti-Warehousing"
Regulations.
[Ord. 6 S+FB, 9-2-1987]
This chapter shall be applicable to all apartments which are
vacant for a period of at least 30 days.
[Ord. 6 S+FB, 9-2-1987]
The owner of any dwelling unit which is subject to the provision
of this chapter, as amended from time to time, at any time when such
dwelling unit has been vacant for a period of 30 days shall within
10 days thereafter, notify the Newark Rent Control Board in writing
of the fact of such vacancy, the identity of the owner, the address
and apartment number of the vacant dwelling unit, and the date upon
which it became vacant.
[Ord. 6 S+FB, 9-2-1987]
At or before the time any dwelling unit described in Section
18:9-3 shall become vacant, and continuing during the period of such vacancy, the owner shall make diligent effort to rent the same.
[Ord. 6 S+FB, 9-2-1987]
The owner shall accept as a tenant for immediate occupancy of
such dwelling unit any person who offers to pay the lawful rent and
any proper security deposit which may be required for the apartment
and agrees to any reasonable rental terms; provided that:
a. The owner may refuse to accept any such person as a tenant where
he/she is able to establish clearly and convincingly that the prospective
tenant:
1. Would be likely to engage in conduct which would constitute one of
the good cause grounds for eviction set forth in N.J.S. 2A:18-61.1.
2. Has failed to comply with the reasonable requests of the owner for
financial or other relevant personal information which is necessary
for the owner to make an informed decision as to the suitability of
the person as a prospective tenant, within a reasonable time after
request therefore.
[Ord. 6 S+FB, 9-2-1987]
The owner must offer any such person a tenancy in such dwelling
unit with occupancy to begin on a date which is not more than 30 days
from the date such prospective tenant offers to rent the dwelling
unit, except where the owner is able to establish clearly and convincingly
that the delay in occupancy is necessary for the purpose of making
repairs or improvements to the dwelling unit, which repairs or improvements
cannot practically be made while a person is in possession and occupancy
of the dwelling unit.
[Ord. 6 S+FB, 9-2-1987]
Within five days after a person has offered to rent a vacant
dwelling unit which is subject to the provisions of this chapter and
such person has complied with all reasonable requests of the owner
for relevant financial personal information, the owner shall notify
that person and the Newark Rent Control Board in writing whether such
person is accepted for the tenancy, rejected or accepted for a future
occupancy and in, the latter two cases, the owner shall also set forth
in the notification the specific reason therefore and, in the last
case the date occupancy is to begin. It shall be the obligation of
any person required to give written notice under this chapter to ensure
that all parties required to actually receive such notice.
[Ord. 6+FB, 9-2-1987]
Any person aggrieved by the action or inaction of an owner of
a dwelling unit subject to the provisions of this chapter may bring
the matter before the Municipal Court on a complaint for violation
of this chapter.
[Ord. 6 S+FB, 9-2-1987]
A violation of any provision of this chapter shall be punishable
by a fine not to exceed $500, imprisonment for a period up to 30 days
or both. Each day during which an owner is in violation of any of
the provisions of this section shall constitute a separate offense
hereunder.