Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this article,
shall have the following meaning:
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/boarding house or other dwelling unit, consisting of one or
more rooms occupying all or part of a floor 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 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 room/boarding house, 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
or occupancy thereof.
LICENSE
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
LICENSEE
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
agent, where applicable.
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 Township.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting
of less than three dwelling units and has sleeping facilities for
less than 25 occupants, kept, used, maintained, advertised or held
out to be a place where living accommodations are supplied, whether
furnished or unfurnished.
RENTAL UNIT
A dwelling unit which is available by lease, rental or otherwise,
to persons other than the owner. Rental unit shall not include that
portion of a rental facility or dwelling unit that is owner-occupied.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless
or whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
All rental units, as defined in §
447-28, except for any building or buildings or structure comprising more than 20 dwelling units or apartments, shall hereafter be registered with the Township Clerk or designee of the Township of Union, on forms which shall be provided for that purpose, and which shall be obtained from the Township Clerk or designee. Such registration shall occur on an annual basis as provided herein.
Each rental unit shall be registered initially,
yearly and with each change of occupancy. The license term shall commence
on January 1, 2007, and shall be valid for a calendar year, at which
time it shall expire and a new registration shall be required. All
rental units must file an initial registration which shall be submitted
on or before August 15, 2006.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all rental units shall be registered
and licensed as provided herein. Every owner shall file with the Township
Clerk or designee of the Township of Union a registration form for
each unit contained within a building or structure, 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.
B. If the address
of any record owner is not located in Union or in Union County, the
name and address of a person who resides in Union County and who is
authorized to accept notices from a tenant and to issue receipts therefor
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, if domiciled in Union County, who may be reached
or contacted at any time in the event of emergency affecting the premises
or any unit of dwelling space therein, including such emergencies
as the future 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, the name and address of the fuel oil dealer
servicing the building and the grade of the fuel oil used.
H. As to each rental
unit, a specification of the exact number of sleeping rooms contained
in the rental unit. In order to satisfy the requirement of this provision,
an owner shall submit a floor plan, which shall become part of the
application and which shall be attached to the registration form when
filed by the Township Clerk or designee.
I. The names, age
and gender of each tenant who is to occupy the dwelling unit.
J. Such other information
as may be prescribed by the Township of Union.
K. The Township
Clerk or designee shall index and file the registration forms. In
doing so, The Township Clerk or designee shall follow the mandates
of N.J.S.A. 46:8-28.1, as amended, 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. The owner shall post the certificate of inspection or
license.
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 to be included
thereon. No fee required for the filling of an amendment, except where
the ownership of the premises is changed.
No person shall hereafter occupy any rental
unit, nor shall the owner permit occupancy of any rental unit within
the Township of Union, which is not registered and licensed in accordance
with this article.
Upon the filing of a completed registration
form and payment of the prescribed fee and a satisfactory inspection,
the owner shall be entitled to the issuance of a license commencing
on the date of issuance and expiring on December 31 of the calendar
year. A registration form shall be required for each rental unit,
and license shall issue to the owner for each rental unit, if more
than one rental unit is contained in the property.
At the time of the filling of the registration
form, and prior to the issuance of a license, the owner or agent of
the owner must pay a fee in accordance with the following:
A. An annual registration
fee as follows:
B. A reinspection
fee as follows:
(1) First reinspection,
no charge.
(2) Second reinspection,
$25 per unit.
(3) Any additional
reinspection, $50 per unit.
C. If the owner
of the property is a senior citizen who resides in a unit of the property
and rents out the remaining unit and would otherwise qualify under
the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41,
there shall be no fee.
D. If the owner
of the property is registered as 501(c)3 corps, and thus considered
tax exempt by the IRS, or have similar tax exempt status from the
State of New Jersey and file annual returns if they are incorporated,
there shall be no fee.
E. If any fee is
not paid within 30 days of its due date, a late fee surcharge of $30
will be assessed, a month, up to 90 days. A failure to pay the initial
fee and any late fee shall be deemed a violation of this article.
F. A failure to
pay any fee as required by this article shall be deemed a violation
of this article.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the registration form required
by this article. This particular provision 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 provision may be complied with by posting a copy of
the registration certificate in conspicuous place within the rental
unit(s).
No rental unit may be registered and no license
shall issue for a property containing a rental unit unless all municipal
taxes, water and sewer charges and any other municipal assessments
are paid on a current basis.