[HISTORY: Adopted by the Mayor and Council of the Borough
of Haddon Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-19-2018 by Ord. No. 1452; amended in its entirety 2-19-2019 by Ord. No. 1469]
A.
The governing body of the Borough of Haddon Heights finds and declares
that the Property Maintenance Code sets the minimum standards for
safety and habitability and the continued occupancy of residential
units in order to protect the public health, safety and welfare. Minor
violations of the Property Maintenance Code shall not prevent the
continued occupancy of a residential unit. The governing body of the
Borough of Haddon Heights finds and declares that a registration and
inspection scheme for the residential units is a rational exercise
of the municipal police power to establish that each residential rental
unit substantially complies with the standards set forth in the Property
Maintenance Code in order to insure safety and habitability of each
residential unit.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department and their respective inspectors, including, but not limited
to the Construction Department, Health Department, Police Department,
Fire Department and the Department of Public Works which shall also
have enforcement authority with respect to this article. The Mayor,
with the advice and consent of Council, may also designate, when necessary,
additional enforcement duties for other Borough Departments to protect
neighborhoods from becoming blighted through the lack of adequate
maintenance and security of rental properties.
C.
N.J.S.A. 46:8-28.1 mandates the registration of rental units within
the State of New Jersey or within the municipality wherein the rental
unit is situated; and municipalities are authorized to regulate buildings,
used for sleeping, lodging and occupancy purposes, including rental
housing or living units under N.J.S.A. 40:52-1 et seq. N.J.S.A. 40:82-12(a)
authorizes the governing body of any municipality to make, amend,
repeal and enforce ordinances to regulate buildings and structures,
and their use and occupancy, to prevent and abate conditions therein
harmful to the health and safety of the occupants of the buildings
and the general public in the municipality.
D.
The Mayor and Borough Council have received numerous complaints related
to rental properties located within the Borough and it is come to
their attention that a number of rental units within the Borough are
overcrowded and unsupervised by the landlord, thereby creating conditions
harmful to the health and safety of the occupants and the general
public.
E.
The problems are exacerbated by absentee landlords who do not properly
manage or supervise their rental properties; and conditions such as
overcrowding, noise complaints, and code violations have caused and
continue to cause the Borough to incur considerable expense in its
enforcement efforts and to have a deleterious effect on the quality
of life of Borough residents.
F.
In an effort to contain the many problems represented by poorly managed
rental units, the Borough has established a rental property regulation
which is to be administered by the Public Officer.
G.
It is the express intention of the governing body to hold landlords
accountable for unsafe and unsanitary conditions and for units which
experience overcrowding, disturbances, nuisances, damage, and incur
public expense resulting from inadequately supervised rental units,
and which disturb the peace and tranquility of the general public.
H.
The Mayor and Council have determined that it is necessary to require
persons who engage in the business of offering property for rent to
file an annual rental license application, to obtain a rental license
and or a certificate of continuing occupancy for each rental unit.
I.
To assist the Public Officer in effectively fulfilling his responsibilities,
it is necessary to identify all rental properties to properly regulate
the rental properties, enforce all laws, ordinances and regulations,
safeguard the health and safety of all residents of the Borough of
Haddon Heights, and ensure proper management of rental properties.
J.
The Mayor and Council believe it is in the public interest to license
all landlords of rental properties and to provide for the establishment
of additional regulations of rental properties which will identify
all rental properties, owners, managing agents and tenants in order
to ensure the safety of all tenants and the quality of life for all
residents in the Borough.
This article shall be known as the "Borough of Haddon Heights
Residential Rental Registration Fee Ordinance" which establishing
a uniform system for the registration of rental units, the licensing
of such units, and to impose sanctions on landlords who commit repeated
violations of state and municipal law.
All single-family rental properties and multifamily rental properties
within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
An individual or entity, when used in the proper context
that is authorized by the owner of a dwelling unit to act on their
behalf.
That portion of a dwelling unit, rented or offered for rent
for living and dwelling purposes; to one individual or family unit,
together with all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use occupancy of such
portion of the property.
Fit to habitation as defined by the statutes of the State
of New Jersey, and the Codes and ordinances of the Borough of Haddon
Heights.
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
As a result of a general inspection of the visible parts
of the building, no violations have been determined to have occurred
and no unsafe conditions have been found and that the existing use
of the building has heretofore lawfully existed.
An individual or entity when used in the proper context that
is authorized by the Mayor and governing body to act for the Public
Officer.
That portion of a building or structure rented or offered
for rent to one or more tenants or family units. A room or series
of connected rooms designed for permanent residency, containing living,
cooking, sleeping and sanitary facilities. The dwelling unit shall
be self-contained and shall not require the use of outside stairs
(other than those required for initial access to the structure), passage
through another dwelling unit or other indirect route to get to any
portion of the dwelling unit. Any cottage, bungalow, room or group
of rooms in occupying all or part of a floor or floors in a building,
with housekeeping facilities for dwelling purposes.
The Borough Council of the Borough of Haddon Heights.
Separate and individual rental properties.
The license issued by the Public Officer (Code Enforcement
Officer) of the Borough of Haddon Heights or designee attesting that
the rental unit has been properly registered in accordance with this
article. Collectively, the licenses issued to the owner of either
a single-family rental property or multifamily rental property pursuant
to this article. Each dwelling unit in a multifamily rental property
shall be separately licensed pursuant to the provisions of this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent" where applicable.
The cleanliness and proper working order and upkeep of all
areas used by tenants and the public.
The Mayor of the Borough of Haddon Heights.
Any structure containing two or more units available for
rent, whether occupied or not, also referred to as a covered property.
The primary residential living unit of the owner.
The fee owner of any single-family rental property or multifamily
rental property whether individual, corporation, partnership, trust,
limited liability company or other business entity. For the purpose
of this article, owner shall also include all corporate officers,
partners, trustees, trust beneficiaries, members of LLCs or others
with a control interest in an owner, no matter the form.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The requirement to permanently affix information required
to be made known to tenants at rental properties regulated by this
article. Posting shall be at eye level near the primary entrance to
the property, at a place where it is most likely to be seen. The Code
Enforcement Department shall provide forms that shall be used for
posting.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
The Borough officials who is or are authorized by this article
to exercise the powers prescribed by this article and by P.L. 1942;
c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision
of law to the contrary, nothing shall prevent the Mayor and Council
from designating more than one public officer for different purposes
as provided by law.
All encompass the provisions of the Borough of Haddon Heights
Code, in addition thereto but not limited to the following: disorderly,
indecent, tumultuous or riotous conduct, including, by way of example,
but not limited to, simple assault, assault, terroristic threats,
harassment, urinating or defecating in public, lewdness, criminal
mischief, crimes against property or excessive noise, by a tenant
or a tenant's guest on or in the vicinity of any single-family
rental property or multifamily rental property wherein such tenant
resides. A violation shall be deemed to have occurred in the vicinity
of a covered property if such violation occurred in the adjacent public
right of way in front of the covered property or on any property adjacent
to the covered property.
Any structure or building which contains one or more individual
residential rental units.
That portion of a dwelling, building or structure rented
or offered for rent, for living and dwelling purposes to individuals
or to family units.
To dwell permanently or continuously occupying a residence
as one's legal domicile; not exceeding the leased occupancy maximum
and utilizing the location of designated and permitted sleeping areas
as stated on the drawing of the unit lease agreement.
That portion of a dwelling, building or structure rented
or offered for rent for living and dwelling purposes to individuals
or family units.
Any single-family structure held out for rental, whether
occupied or not, also referred to as a covered property.
Those persons who have leased the unit from the owner regardless
of the type of tenancy under which they occupy the unit.
No person(s), corporation or business entity shall offer any
residential property for rent, or shall rent, lease or let any residential
property to any person or persons without first obtaining a license
by way of completing a rental property registration and license application.
A.
The owner or agent must submit to the Borough of Haddon Heights Code Enforcement Department an annual nonrefundable license fee in the amount of $50 per dwelling unit. The fee shall be valid for the calendar year, or remaining portion of the calendar year in which the license was initially required. The licensing fee shall be applied for at the Municipal Building. A certificate of continued occupancy is required for change of ownership and change of tenancy (see fee schedule, § 350-13).
B.
Registrations and license fees are due January 1 of each year and must be received no later than April 1 of the year due. Failure to do so will result in a penalty as defined in § 350-24 of this article.
C.
In the event that ownership of the property is transferred, the seller
must notify the Code Enforcement Department of the transfer and the
buyer shall apply for a certificate of continued occupancy for new
ownership within 10 days of transfer. The buyer must fulfill the requirements
of the annual rental registration and licensing cycle.
D.
In the event, at the time of registration for any rental unit the
landlord has outstanding violations that have not been abated as outlined
in this article, the fee for a new application shall be $150.
The owner of every rental property within the Borough of Haddon
Heights shall file a rental property license application with the
Borough of Haddon Heights Code Enforcement Office, Public Officer
or designee. The applicant shall provide the information required
on the application form.
The owner or agent of every rental property within the Borough
of Haddon Heights must submit a new license application annually.
The application shall be valid for the calendar year, or remaining
portion of the calendar year in which the license was initially required.
Rental unit license applications are due January 1 of each year and
must be received no later than January 31 of the year due. Failure
to do so will result in a penalty as defined in § 350-26
of this article.
The rental property license application shall include:
A.
The names and addresses of owners of record of the rental property,
including all general partners, in the case of a partnership and all
members in the case of a limited liability company and all shareholders
in the case of a corporation.
B.
The name and address of a person who resides in the Borough of Haddon
Heights and who is authorized to accept notices from a tenant or the
Borough, to issue receipts for these notices; and to accept the service
of process on behalf of the owner of record.
C.
The name, address and telephone number of the owner of record or
representative of same, or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concerning the building or unit, including the making of
repairs and can be onsite at the unit within one hour of contact by
tenant or Public Authority.
D.
The information contained in the rental property license application
must set forth information for each unit within the rental property.
E.
The names and addresses of all holders of recorded mortgages on the
property.
F.
If fuel oil is used to heat the unit, the name and address of the
fuel oil dealer servicing the unit and the grade of oil used.
G.
A statement that the owner acknowledges and grants permission to
the Public Official for the right to inspect the dwelling unit in
which license is requested.
H.
Such other information as may be required by the Borough.
In the event the tenancy changes during the year, the landlord,
owner or managing agent, shall, within 10 days of the change in tenancy,
file for a certificate of continued occupancy application for the
units change of tenancy. A change in tenancy shall mean a complete
change of lease.
A.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of any rental unit unless the unit is registered and in
accordance with but not limited to:
B.
Overcrowding. It shall be unlawful for any person, including the
owner, agent or tenant, to allow the number of residents in the unit
to exceed the maximum number allowed to reside in the unit or to violate
the location of designated and permitted sleeping areas as stated
in the unit lease agreement and applicable law.
C.
Only those persons whose names are on the lease agreement may reside
in the registered premises. It shall be unlawful and a violation of
this article for any other person to reside in the premises. This
provision may be enforced against the landlord, tenant and or other
person residing in the premises.
D.
No rental property or unit shall be conducted or maintained in such
a manner as to constitute a quality of life violation.
Applicable fees are as follows:
|
Petitioned inspection
|
$50
|
|
Reinspection fee
|
$25
|
|
Reinspection of reinspection of violations
|
$75
|
|
No show at requested inspection (15-minute wait)
|
$50
|
|
No show reinspection fee (15-minute wait)
|
$50
|
|
Replacement of lost rental license or certificate of use
|
$25
|
|
Change of ownership or tenancy of use 1- and 2-family residential
|
$75
|
|
Change of ownership or tenancy of use 3-family residential
|
$125
|
|
Change of ownership or tenancy of use 4-family residential
|
$150
|
|
Change of ownership or tenancy of use more than 4-family residential
|
$150 plus $25 for each dwelling unit in excess of 4
|
This shall constitute the standards to guide the Public Officer
or designee in determining the fitness of any dwelling, dwelling unit,
rooming unit or premises for human habitation, use or occupancy.
The Public Officer may make rules and regulations which interpret
or amplify any provision of this article or for the purpose of making
the provisions of this article more effective. No regulation; however,
shall be inconsistent with or alter or amend any provision of this
article, and no regulation shall impose any requirement which is in
addition to or greater than the requirements that are expressly or
by implication imposed by any provision of this article. Rules and
regulations shall be subject to the same penalty as other violations
of this article.
A.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New
Jersey State Housing Code N.J.A.C. 5:10 (2013) as approved by the
Department of Community Affairs, is adopted as a standard governing
supplied utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation,
occupancy or use, and governing the condition of dwellings.
B.
In accordance with the provisions of Property Maintenance and Certificate
of Occupancy of the Code of the Borough of Haddon Heights is adopted
as a standard governing supplied utilities and facilities and other
physical things and conditions essential to making dwellings safe,
sanitary and fit for human habitation, occupancy or use, and governing
the condition of dwellings.
The Borough Administrator and Code Enforcement Officer(s) in
the Borough of Haddon Heights is hereby designated as the Public Officer(s)
for the purpose of carrying out the responsibilities established by
this article and shall have all the responsibilities and powers provided
by law.
The administrative and enforcing authority for the provisions
of this section shall be the Borough of Haddon Heights Public Officer,
additionally enforcement authority shall also be vested in the Code
Enforcement Department and its respective inspectors, including, but
not limited to the Construction Department, Health Department, as
well as the Police Department, Fire Department and the Department
of Public Works Department which shall also have enforcement authority
with respect to this article. The Mayor, with the advice and consent
of council, may also designate, when necessary, additional Borough
Officials with enforcement authority with respect to this article.
A.
The Public Officer and/or designees shall make exterior and interior
inspections as needed and/or by petitioned inspections and/or by search
warrant (property maintenance) to determine the condition of dwellings,
dwelling units, rooming units and premises or to obtain certificates
of continued occupancy. Upon presentation of proper identification,
the Public Officer and/or designees are authorized to enter and examine
any dwelling, dwelling unit, rooming unit or premises at reasonable
hours as the circumstances of the case permit provided, however, that
such entries are made in such manner so as to cause the least possible
inconvenience to the persons in possession. This article shall not
be construed to prohibit the entry of the Public Officer or his agents
at any time when an actual emergency exists which tends to create
a danger to public health or safety or at any time when an inspection
is requested by an owner or occupant.
B.
All rental units shall be inspected by persons or agencies duly authorized
by the Borough for inspections for purposes of determining Zoning
Ordinance compliance and to determine if the rental property, unit
or complex complies with all laws, including, but not limited to the
Property Maintenance Code, International Building Code, Uniform Construction
Code, Health Code, Housing Code; and Fire Code. By application for
a license under this section, the landlord or the individual having
authority or control of the dwelling unit agrees to permit such inspections
by the Borough of Haddon Heights.
C.
In the event that the inspection(s) of a rental unit does not result
in a satisfactory inspect for, the owner or agent shall cause all
necessary repairs or connections to be made within the time prescribed
by the applicable official or code, and if not made within the time
period the owner shall be deemed in violation of this article, and
every day that the violation continues shall constitute a separate
and distinct violation subject to the penalty provisions herein.
D.
All rental units subject to this article shall be subject to inspections
to determine their condition in order to safeguard the health, safety
and welfare of the occupants of such rental units and of the general
public and to determine compliance with this article. The owner, operator,
agent and occupant shall make the units and lease agreements available
as needed for such inspections and are required to provide the necessary
arrangements to facilitate such inspections. Inspections shall be
made with the consent of the occupant, who is of legal age to grant
such consent, or, absent consent, with an administrative search warrant,
there is reason to believe that a violation exists which poses an
immediate threat to health or safety, requiring inspection and abatement
without delay. Reasonable attempts shall be made to obtain consent
of the occupant.
A.
An inspection will be required when petitioned by a tenant, occupant,
landlord or a representative of a rental dwelling unit, provided that
the petitioner:
(1)
Is the tenant or occupant of the premises in the petition;
(2)
Files the petition with the Code Enforcement Department and with
the property owner, specifying a violation under this article; and
(3)
Agrees to provide access to the premises under his control for the
purposes of inspection and for abatement of any violations found to
exist.
B.
In the event that a petition is so made, the property owner shall,
within a reasonable time determined by the Public Officer or designee;
correct the violation and notify the Code Enforcement Department of
his action. If a petitioner still requests an inspection and the violation
still exists, the proper owner shall pay the petitioned inspection
fee. If the violation has been corrected, the petitioner shall pay
the petitioned inspection fee. The inspection will be made within
10 working days of notification to the Public Officer of violation
abatement.
C.
In the event the inspection reveals violations of such a nature so
as to render occupancy unsafe, the owner shall be responsible for
the reasonable moving cost and temporary dwelling, cost of the tenant
until the premises are made safe for occupancy.
D.
In the event of a refusal of entry in inspection, the Public Official
may, upon affidavit, apply to the Judge of the Municipal Court for
a search warrant, setting forth the reasonable basis for believing
that a nuisance or violation exists which constitutes a violation
of this article.
The Public Officer or his agents may, upon affidavit, apply
to the Judge of the Municipal Court of the Borough for a search warrant
setting forth factually the actual conditions and circumstances that
provide a lawful basis for believing that a nuisance or violation
of this article exists on the premises, and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, shall authorize
the issuance of a search warrant permitting access to and inspection
of the premises on which the nuisance or violation may exist.
Whenever the Public Officer determines that there are lawful
grounds to believe that there has been a violation of any provision
of this article or of any rule or regulation adopted pursuant thereto,
the Public Officer shall give notice of the alleged violation to the
person or persons responsible therefore as provided. The notice shall:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being issued;
C.
Allow a reasonable time for the performance of any act it requires;
D.
Be served upon the owner or his agent, or the occupant, as the case
may require, provided that notice shall be deemed to be properly served
upon the owner, agent or occupant; if a copy thereof is served upon
the owner, agent or occupant personally; or if a copy thereof is sent
by certified mail to the owner, agent or occupant last known address;
or if a copy is posted in a conspicuous place in or about the dwelling
affected by the notice; or if the owner, agent, or occupant is served
with the notice by any other method authorized or required under the
laws of this state; and
E.
Contain an outline of remedial action which, if taken, will affect
compliance with the provisions of this article and with rules and
regulations adopted pursuant thereto.
The Public Officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section, including the following,
in addition to others granted:
A.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings are unfit for human habitation;
B.
To examine witnesses and receive evidence;
C.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in a manner as to cause the least
possible inconvenience to the persons in possession;
D.
To appoint and fix the duties of any officers, agents and employees
as he deems necessary to carry out the purpose of this article;
E.
To delegate any of his functions and powers under this article to
such officers and agents as may be designated.
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
Any person who shall violate any of the provisions of this article
shall, upon conviction, be punished by a fine of no less than a minimum
fine of $100, nor more than a maximum fine of $2,000; or by a period
of community service not exceeding 90 days or be subject to imprisonment
in the county jail for a period of 90 days. The Court may impose all,
some or any combination of these sanctions.
