[Adopted 12-16-2019 by Ord. No. 2019-24]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, 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 of this article. 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 house/boardinghouse or other dwelling unit consisting of one
or more rooms occupying all or part of a floor or floors 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 dwelling unit shall
contain no more than one kitchen or cooking facility.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room
or rooms in a rooming house/boardinghouse, 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 improvement connected with use
or occupancy thereof. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
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 Borough.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
REGISTRANT
The person to whom the registration is issued pursuant to
this article. The term "registrant" includes within its definition
the term "agent," where applicable.
REGISTRATION
The registration issued by the Borough Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this article.
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 which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit or commercial unit which is available for
lease, rental or otherwise to persons other than the owner.
STREET ADDRESS
The address at which the person actually resides, and shall
include a street name or rural delivery route in addition to any postal
office box number which may be included.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Prospect Park, or such other person
as designated by the Borough Council, on forms which shall be provided
for that purpose and which shall be obtained from the Borough Clerk
or designee. Such registration shall occur on an annual basis, as
provided herein. The within registration requirement shall apply to
both owner-occupied and non-owner-occupied dwellings.
Each rental unit shall be registered and inspected with each
change in occupancy and/or change of ownership in the property. Any
lease which has been executed prior to the adoption of this article
shall not be affected, but the rental unit must nevertheless be registered
and inspected if non-owner-occupied in accordance with this article.
No rental unit shall hereafter be rented unless the rental unit is
registered in accordance with this article.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered as provided
herein. Every owner shall file with the Borough Clerk or designee
of the Borough of Prospect Park, or such other person as designated
by the Borough Council, a registration form for each unit contained
within a building or structure, or for the entire building if only
one unit exists, which shall include the following information:
A. The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business, if not the
same persons. In the case of a partnership, the name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals, where such individual may be
reached both during the day and evening hours. If the record owner
is a corporation, the name and address of the registered agent and
corporate officers of said corporation together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours.
B. If the address of any record owner is not located within a radius
of 15 miles of the Borough of Prospect Park, or if the record owner
resides out of the State of New Jersey, the owner must submit the
name and address of a person who resides within the State of New Jersey
and within a fifteen-mile radius of the Borough of Prospect Park who
is authorized to accept notices from a tenant and to accept and issue
receipts therefrom and to accept service of process on behalf of the
record owner.
C. The name and address of the agent of the premises, if any.
D. The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
E. The name, address and telephone number of an individual representative
of the owner or agent or the owner, who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit of dwelling space therein, including such emergencies as
the failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith.
F. The name and address of every holder of a recorded mortgage on the
premises.
G. If fuel oil is used to heat the building, and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
H. As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit.
I. Such other information as may be prescribed by the Borough of Prospect
Park.
The Borough Clerk or designee shall index and file the registration
forms. In doing so, the Borough Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that
the filing of the registration form will simultaneously satisfy the
registration requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being registered and will also satisfy the
registration requirements of this article.
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 required to be included thereon.
No fee shall be required for the filing of an amendment, except where
the ownership of the premises is changed or an inspection is required.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit, within the Borough
of Prospect Park which is not registered and inspected in accordance
with this article.
Upon the filing of a completed registration form and payment
of the prescribed inspection fees and a satisfactory inspection, the
owner shall be entitled to the issuance of a registration commencing
on the date of issuance and expiring on the 31st day of December the
next calendar year. A registration form shall be required for each
rental unit, and a registration certificate shall issue to the owner
for each rental unit, even if more than one rental unit is contained
in the property.
In an effort to promote the registration of all rental units
within the Borough of Prospect Park, there shall be no registration
fee imposed; however, prior to the issuance of a registration certificate,
the owner or agent of the owner must pay an inspection fee in accordance
with the following:
A. Inspection fees.
(1) An annual inspection fee of $100 is required for all non-owner-occupied
dwellings or buildings. The inspection fee shall not be per unit,
but shall be per property.
(2) The inspection fee, upon every change in ownership, tenancy or occupancy
shall be $50 per unit.
(3) In the event a reinspection is required, reinspection fees as follows:
(a)
First reinspection: $50 per unit;
(b)
Second reinspection: $60 per unit;
(c)
Third reinspection: $70 per unit; and
(d)
Fourth or subsequent reinspection: $100 per unit.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This section 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 section
may be complied with by posting a copy of the registration certificate
in a conspicuous place within the rental unit(s).
All dwelling units shall be maintained in accordance with the
Uniform Construction Code, the BOCA National Property Maintenance
Code and the New Jersey State Housing Code.