[HISTORY: Adopted by the Township Council of the Township
of Vernon 8-9-2021 by Ord. No. 21-23. Amendments noted where applicable.]
This chapter shall be known as the "Long-Term Rentals Ordinance
of the Township of Vernon."
The purpose of this chapter is to insure that residential long-term
rental units are properly maintained in accordance with the property
maintenance, zoning and related codes, as well as to protect the property
and the health, safety and welfare of the Township residents and tenants.
Unless the context clearly indicates a different meeting, the
following words or phrases when used in this chapter shall have the
following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment 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 shall be designed
for residence, for office or the operation of any industry or business
or for any other type of independent use.
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The accessory use of any dwelling unit, including single-family
homes and owner-occupied two-family homes, which is available for
lease or rental purposes and is meant to include individual apartments
located within apartment complexes for a period of more than 30 days.
This shall not include group homes, subsidized senior citizen housing
and assisted-living units.
Any person who resides in a long-term rental unit, other
than an occasional guest.
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 long-term rental unit.
Any title owner or spouse who has reached the age of 62.
The individual(s) who is/are responsible to pay rent to the
owner for a rental unit.
The Township of Vernon.
No person shall hereafter occupy any long-term rental unit nor
shall the owner permit occupancy of any long-term rental unit within
the Township of Vernon which is not registered and licensed in accordance
with this chapter.
All long-term rental units shall be registered with the Township
Clerk or such other person as designated by the Mayor 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.
The license term shall commence on August 1 and shall be valid
until July 31 of the following calendar year, at which time it shall
expire and a new registration shall be required. The initial registration
shall occur by August 1, 2021. Any lease which has been executed prior
to the adoption of this chapter shall not be affected, but the long-term
rental unit must nevertheless be registered, licensed and inspected
in accordance with this chapter. No long-term rental unit shall hereafter
be rented unless the long-term rental unit is registered and licensed
in accordance with this chapter.
Every owner shall file with the Township Clerk or designee of
the Township of Vernon a registration form for each long-term rental
unit which shall include the following information:
A.
The name, address and phone number 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 names and
addresses of all general partners shall be provided, together with
the phone numbers for each of such individuals indicating 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 shall be provided,
together with the phone numbers for each of such individuals indicating
where such individuals may be reached both during the day and evening
hours.
B.
If the address of any record owner is not located in the State of
New Jersey, the name and address of a person who resides in the State
of New Jersey 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, address and phone number of the managing agent of the premises,
if any.
D.
The name, address and phone number, 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 phone number of an individual representative
of the owner or agent 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, address and phone number of the
fuel oil dealer servicing the building and the grade of fuel used.
H.
As to each long-term rental unit, a specification of the exact number
of sleeping rooms and kitchen facilities 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.
All addresses must include the full accurate street address; P.O.
box and like information does not satisfy this requirement.
J.
The name of each tenant of record, including the total number of
occupants of each long-term rental unit designated by adults and children.
K.
An acceptable affidavit of fire alarm system inspection and test
for all premises where a common area automatic fire alarm is required.
L.
An acceptable affidavit of fire sprinkler system inspection and test
for all premises where a fire sprinkler system is required.
M.
Effective August 1. 2023, owners of rental units and multifamily
homes that are four or fewer units, one of which is owner-occupied.
shall also provide a copy of a certificate of insurance showing that
minimum liability insurance for negligent acts and omissions has been
obtained as required by P.L. 2022. c. 92 (N.J.S.A. 40A:10A1). A policy
with a minimum of $500.000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence
is required for owners of rental units. Except that a policy with
a minimum of $300,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence
is required for owners of multifamily homes that are four or fewer
units, one of which is owner-occupied.
[Added 10-13-2022 by Ord. No. 22-20]
N.
Such other information as may be required by the Township.
[Amended 10-13-2022 by Ord. No. 22-20]
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 and N.J.S.A. 55:13A-12, as amended
and supplemented, so that the filing of the registration form will
simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28.1
and N.J.S.A. 55:13A-12 to the extent that it applied to the property
being registered and will also satisfy the registration requirements
of this chapter.
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 45 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 tenancy of the premises is changed.
A.
Each long-term rental unit shall be inspected at least once every
twenty-four-month period. If there are reported issues within a unit
or building, then the subject site shall be inspected once every 12
months until two inspections have passed without critical or major
issues. Appointments for inspections shall be scheduled at reasonable
times and upon notice to the owner and tenant. Newly constructed apartments
and/or dwelling units in excess of four rental units are exempt from
this inspection for two State of New Jersey licensing periods after
the certificate of occupancy is issued, provided that there are no
violations filed with the Township Building Department and the property
is properly registered and inspected with and by the State of New
Jersey as required by the Hotel and Multiple Dwelling Code. In addition,
owners of long-term rentals with private wells shall have them tested
once every five years in accordance with N.J.S.A. 58:12A-32.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Vernon, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Vernon shall not be used
as a valid substitute.
D.
Unsatisfactory inspection. In the event that the inspection(s) of
a long-term rental unit does not result in a satisfactory inspection,
such property shall not thereafter be registered, nor shall a license
issue, and the owner of the property or his agent shall not lease
or rent such property nor shall any tenant occupy the property until
the necessary corrections have been made so as to bring the property
and long-term rental unit into compliance with the applicable code
and the property is thereafter subsequently inspected, registered
and licensed. In the event that the property is occupied when such
conditions are discovered, all such corrections shall be made within
60 days, and if not made within that time period, the owner shall
be deemed in violation of this chapter, and every day that the violation
continues shall constitute a separate and distinct violation, subject
to the penalty provisions of this chapter.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of long-term rental units in order that
they may promote the purposes of this chapter to safeguard the health,
safety, and welfare of the occupants of rental facilities and rental
units and of the general public. For the purposes of making such inspections,
the inspecting officers, after providing five business days' notice
to the tenant either by posting the notice on the entry to the rental
unit or personal service, are hereby authorized to enter, examine
and survey long-term rental units at all reasonable times. The owner
or occupant of every long-term rental unit, upon reasonable notice,
shall give the inspecting officer free access to the long-term rental
unit at all reasonable times for the purpose of such inspections,
examinations and surveys.
B.
Every occupant shall give the owner of the long-term rental unit
access to any part of such long-term rental unit and at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this chapter
or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, an inspecting officer shall conduct an
inspection as herein provided.
Inspection officers shall be supplied with official identification
and shall exhibit such identification when entering any long-term
rental unit or any part of any premises subject to this chapter. Inspectors
shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
A.
Should the inspection officer be denied access, the inspection officer
may, upon affidavit, apply to the Judge of the Municipal Court of
the Township for a search warrant, setting forth the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this chapter may exist on the premises,
including one or more of the following:
(1)
The premises requires inspection according to the cycle established
by the Township for periodic inspections of premises of the type involved.
(2)
Observation of the external condition of the premises and its public
areas has resulted in the belief that violations of this chapter exist.
(3)
Circumstances, such as age of building, type of building, particular
use of premises or other factor, make systematic inspections of such
building necessary in the interest of public health and safety.
B.
If the Judge of the Municipal Court of the Township is satisfied
as to the matter set forth in such affidavit, he shall authorize the
issuance of a search warrant permitting access to an inspection of
that part or the premises on which the nuisance or violation may exist.
C.
Where the inspection officer or his agent in possession of an administrative
warrant is refused entry or access or is otherwise impeded or prevented
by the owner, occupant or operator from conducting an inspection of
the premises, such person shall be in violation of this chapter and
subject to the penalties hereunder.
Upon the filing of a completed registration form and payment
of the prescribed fee, the owner shall be entitled to the issuance
of a license. A registration form shall be required for each rental
unit, and a license shall issue to the owner for each rental unit,
even if more than one rental unit is contained in the property.
B.
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 upon proof of age and residence.
C.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 will be assessed.
Every owner shall provide each occupant or tenant occupying
a long-term rental unit with a copy of the registration form required
by this chapter. 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. A copy of the registration certificate must be posted in
the kitchen of the rental unit(s).
The maximum number of occupants shall be posted in each long-term
rental unit. It shall be unlawful for any person, including the owner,
agent, tenant or registered tenant, to allow a greater number of persons
than the posted maximum number of occupants to sleep in or occupy
overnight the rental unit.
No long-term rental unit may be registered or reregistered and
no license shall issue for any property containing a rental unit unless
all municipal taxes and sewer charges and any other municipal assessments
are paid current.
All long-term rental units shall be maintained in accordance
with the Uniform Construction Code as adopted and amended by the Township
of Vernon.
A.
Compliance with other laws. The maintenance of all long-term rental
units and the conduct engaged in upon the premises by occupants and
their guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Township of Vernon and with all
applicable state and federal laws.
B.
Penalties. Any landlord, tenant or other person violating the provisions
of this section shall be subject to the penalty provisions of this
chapter.
[Amended 10-13-2022 by Ord. No. 22-20]
A.
Any landlord or occupant who violates any provision of this chapter, except § 350-7M, will be liable for a fine of $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense and/or imprisonment for a term not exceeding 30 days. Each day that a violation occurs shall be deemed a separate and distinct violation and subject to penalty provisions of this chapter.
