[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02]
The governing body of the Borough of Watchung finds and declares that it is necessary to require persons who engage in the business of offering property for rent to file for and obtain a Certificate of Registration for each rental unit located within the Borough of Watchung in order to protect the public health, safety, and welfare and that it is a rational exercise of the municipal police power to require that each residential rental unit substantially complies with all applicable laws and ordinances. N.J.S.A. 46:8-28 et seq. requires the registration of rental units either with the State of New Jersey or with the Municipal Clerk or designee in the municipality where the rental unit is situated.
The Borough of Watchung intends that this chapter will parallel the requirements of N.J.S.A. 46:8-28 et seq., and to the extent that the information required to be furnished by this chapter satisfies the requirements of N.J.S.A. 46:8-28 et seq., the information will be filed and indexed by the Borough Clerk or designee in such a manner that the owner will comply with the requirements of N.J.S.A. 46:8-28 et seq., as well as with the requirements of this chapter.
It is the intention of the Borough to rely upon certain of the information required to be furnished to the Borough Clerk or designee pursuant to N.J.S.A. 46:8-28 et seq., and to require certain additional information so as to enable the Borough to fulfill its responsibilities in promoting and protecting the public health, safety, and welfare.
It is the express intention of the Borough to encourage compliance with applicable law and nothing contained within this chapter is intended to be nor shall it be construed to be an attempt to interfere with a legislative policy enacted by the State of New Jersey.
The purpose of this chapter is to ensure that residential rental units are properly maintained and to protect the lives and property of Borough residents.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meaning:
AGENT
Shall mean the individual or individuals designated by the owner of a rental unit as the person authorized by the owner to perform any duty imposed upon the owner by this chapter. The term agent does not necessarily mean a licensed real estate broker or salesperson of the State of New Jersey as that term is defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesperson of the State of New Jersey if the person designated by the owner as his or her agent is so licensed.
APARTMENT COMPLEX
Shall mean 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.
APARTMENT or DWELLING
Shall mean 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 or floors in a building, whether or not designed with cooking and/or plumbing facilities.
CERTIFICATE OF CONTINUED REGISTRATION
Shall mean that as a result of a general inspection of the visible parts of the building and dwelling unit, no violations have been determined to exist or to have occurred and no unsafe conditions have been found, and that the existing use of the building can lawfully continue.
CERTIFICATE OF REGISTRATION
The certificate issued by the Borough Clerk or designee attesting that the rental unit has been properly registered and inspected in accordance with this chapter.
OWNER
Shall mean any person or group of persons, firm, corporation, partnership, association, or trust, or officer of any of the foregoing entities, that or who owns, operates, or exercises control over or is in charge of a rental facility.
PERSON
Shall mean an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof.
RENTAL FACILITY
Shall mean every building or group of buildings, or a portion thereof that is kept, used, maintained, advertised, or held out to be a place where living accommodations, whether furnished or unfurnished, are supplied to one or more individuals for pay or other consideration, and is meant to include apartments and apartment complexes.
RENTAL UNIT
Shall mean a dwelling unit that is available for lease or rental purposes and is meant to include individual rooms in a dwelling, individual apartments located within apartment complexes, as well as single family dwellings. For purposesd of the within Chapter, rental units shall also include those regulated by Chapter 27A entitled "Short-term Rental Property."
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02]
All rental units shall hereafter be registered with the Borough Clerk or designee or such other person as designated by the Borough Council on forms that the Borough Clerk shall provide for that purpose. Such registration shall occur on an annual basis as provided herein.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02]
a. 
Each rental unit shall be annually registered with the Borough Clerk by September 1.
b. 
The registration term shall commence on September 1 and shall be valid until August 31, at which time it shall expire and a new registration shall be required. Any lease agreement that has been executed prior to the adoption of this chapter shall not be affected, but the rental unit must nevertheless be registered and inspected in accordance with this chapter. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28 et seq., all rental units shall also be registered as provided in this chapter. Every owner shall file with the Borough Clerk or designee or such other person as designated by the Borough Council 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 apartment complex or apartment 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 telephone numbers for each of such individuals indicating where such individuals 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 telephone 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 Somerset County, the record owner shall designate the name and address of a person who resides in Somerset 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. If the record owner cannot designate a person who resides in Somerset County to be authorized to accept notices from a tenant and to accept service of process on behalf of the record owner, the record owner shall designate the name and address of a person who resides in New Jersey to service such purpose.
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 who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit or 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 or expenditure.
f. 
The name and address of every holder of a recorded mortgage on the apartment complex or apartment.
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. In order to satisfy the requirement of this section, an owner shall submit a dimensional floor plan or a written description of the living area if a floor plan is not available, which shall become part of the application and which shall be attached to the registration form when filed by the Borough Clerk or designee.
i. 
A copy of the lease shall be made available to the Borough Clerk or designee for inspection, or copies shall be provided to the Borough Clerk or designee upon request within 10 business days.
j. 
A statement that the owner acknowledges and grants permission to the Borough's inspecting official for the right to inspect the dwelling unit for which the Registration is made.
k. 
Such other information as may be prescribed by the Borough.
[Amended 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
The Borough Clerk or designee shall index and file the registration forms. In doing so, the Borough Clerk or designee shall follow 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 chapter.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02]
Every person required to file a registration form pursuant to this chapter 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 and, in such circumstances, a new Certificate of Registration shall be required, a new registration shall be completed and submitted, and an inspection shall be scheduled.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
a. 
Inspections required by this chapter shall be performed by representatives of the Building Department designated by the Construction Official.
b. 
Each rental unit shall be inspected upon petition, a showing of cause, or a change in tenancy or occupancy.
c. 
Such inspection shall be for the purpose of determining compliance with all applicable Borough Zoning Ordinances, the Borough's Property Maintenance Code (Chapter 14), and the Uniform Fire Code, as duly adopted in New Jersey, including, without limitation, requirements related to smoke-sensitive and carbon monoxide alarm devices and fire extinguishers, and to the extent applicable, to determine if there are apparent violations of any other applicable laws or ordinances. If, upon such inspection, it is determined that a referral is necessary to another department or agency, that referral will be made by the inspection officer.
d. 
All rental units shall be subject to inspections of their conditions 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 Ordinance. 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 must be of legal age to grant such consent, or, absent consent, with an administrative search warrant if there is reason to believe that a violation exists that 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, but if consent is not given, it will be considered a violation of this Ordinance.
e. 
In the event that the condition of a rental unit does not result in a satisfactory inspection, no tenant shall occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable law and the property is thereafter subsequently inspected and registered. 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 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 Section 27-17 of this chapter.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02]
a. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units, and apartments or dwellings in order that they may promote the purposes of this chapter to safeguard the health, safety, and welfare of the occupants of rental facilities, rental units, and apartments or dwellings and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine, and survey rental facilities, rental units, and apartments or dwellings at all reasonable times. The owner or occupant of every rental facility, rental unit, and apartment or dwelling shall give the inspecting officer free access to the rental facility, rental unit, and apartment or dwelling at all reasonable times for the purpose of such inspections, examinations, and surveys.
b. 
Every occupant shall give the owner of the rental facility, rental unit, and apartment or dwelling access to any part of such rental facility, rental unit, and apartment or dwelling 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. 
Within 10 business days of receipt of a complaint alleging a reported violation of this chapter, an inspecting officer may, upon written request to the owner, conduct an inspection as provided by this chapter. In the event that the owner fails to respond to the written request or authorize the inspection, the owner may be issued a summons for a violation of this chapter.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02]
No person shall occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough that is not registered in accordance with this chapter.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02]
Upon the filing of a completed registration form, payment of the prescribed fee, and completion of a satisfactory inspection, the owner shall be entitled to the issuance of a Certificate of Registration commencing on the date of issuance and expiring on August 31 of the same calendar year. A registration form shall be required for each rental unit, and a Certificate of Registration shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
[Added 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
a. 
In the event the tenancy or occupancy changes during the calendar year, the landlord, owner, or managing agent, shall be required to obtain a Certificate of Continued Registration from the Borough and shall, no later than 10 days from the change of tenancy/occupancy, file a Certificate of Continued Registration application for the unit(s) that are the subject of the change of tenancy/occupancy.
b. 
In the event the tenancy or occupancy changes during the calendar year and upon filing of an application for a Certificate of Continued Registration, the rental facility or facilities and/or rental unit(s) shall be inspected by the Borough.
c. 
In the event the tenancy or occupancy changes during the calendar year, the landlord, owner, managing agent, tenant, and/or lessee shall permit the inspection of the rental facility or facilities and/or rental unit(s). Failure to file a timely application for a Certificate of Continued Registration, to allow access for inspection, and/or to schedule an inspection shall be grounds for revocation of the Certificate of Registration.
[Added 3-17-2022 by Ord. No. 22/02; amended 12-19-2024 by Ord. No. 24/20]
a. 
An inspection will be required when petitioned by a tenant and/or occupant, upon notice to the property owner, landlord, or a representative of a rental dwelling unit, provided that the petitioner:
1. 
Is the lawful tenant or occupant of the premises in the petition;
2. 
Files the petition with the Borough and with the property owner, specifying a violation under this chapter; and
3. 
Agrees to provide access to the premises under his/her control for the purposes of inspection and for abatement of any violations found to exist.
b. 
Upon filing the petition, the petitioner shall pay to the Borough the inspection fee provided in Section 27-12. In the event a violation is found to exists, the property owner shall, within a reasonable time determined by the inspecting officer, correct the violation and notify the Borough of his/her action. If a petitioner requests a subsequent 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.
c. 
Any petitioned inspection will be scheduled by the Borough within fourteen (14) working days of the filing of the petition.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
At the time of the filing of the registration form, and prior to the issuance of a Certificate of Registration, the owner or agent of the owner must pay a fee, and the appropriate party must pay other fees in accordance with the following:
a. 
Annual registration and inspection fee of $150 per unit;
b. 
An inspection fee because of a change in tenant or occupancy of $50 per unit;
c. 
A re-inspection fee of $50 per unit;
d. 
Fee for failure to be present and/or provide access at requested inspection time (fifteen-minute grace period) of $50;
e. 
Petitioned inspection fee of $50.
f. 
If the owner of the property is a senior citizen, defined as a person 65 years or older, who resides in a unit of the property and rents out the remaining unit or units and would otherwise qualify for a property tax deduction pursuant to N.J.S.A. 54:4-8.41, there shall be no fee for any of the units, except for re-inspections, petitioned inspections, and for the failure to be present and/or provide access at the requested inspection time;
If any fee listed in paragraphs a through d above is not paid, a Certificate of Registration or a Certificate of Continued Registration, as the case may be, will not be issued, and if any fee is not paid within 30 days of its due date, a late fee surcharge of $30 will be assessed.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this chapter as well as a Certificate of Continued Registration to the extent applicable. This particular provision shall not apply to any hotel, motel, or guest house 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 Certificate of Registration and, if applicable, the Certificate of Continued Registration in a conspicuous place within the rental unit.
[Ord. No. 02/26; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02]
No rental unit may be registered and no Certificate of Registration or Certificate of Continued Occupancy shall issue for any property containing a rental unit unless all municipal taxes, water and sewer charges, and any other municipal assessments are paid on a current basis.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
All dwelling and rental units shall be maintained in accordance with the Uniform Fire Code, as duly adopted in New Jersey, the Borough's Property Maintenance Code (chapter 14), and any other applicable laws or ordinances.
[Ord. No. 02/26; amended 3-17-2022 by Ord. No. 22/02; 12-19-2024 by Ord. No. 24/20]
a. 
Only those occupants whose names are on file with the Borough Clerk as required by this chapter may reside in the registered premises. It shall be unlawful for any other person to reside in said premises, and this provision may be enforced against the owner, landlord, tenant, or other person residing in said premises.
b. 
The provisions of the New Jersey State Housing Code shall apply to all rental units registered under this chapter.
c. 
The maintenance of all rental facilities 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 of the Borough and with applicable law.
d. 
Any owner, landlord, tenant, or other person violating the provisions of this section shall be subject to the penalty provisions of Section 27-17 of this chapter.
[Ord. No. 02/26; Ord. No. 04/01; amended 11-25-2019 by Ord. No. 19/18; 3-17-2022 by Ord. No. 22/02]
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough or such other court having jurisdiction, be liable for the penalty stated in Chapter 1, Section 1-5, General Penalty.