Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, 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 by 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 or floors in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment is designed for
residence, for an 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.
COMMERCIAL
Related to or connected with trade and traffic or business
and commerce.
COMMERCIAL UNIT
A building or structure, or any part thereof, used for the
manufacturing, processing or assembling of material or manufactured
products, or for research, office, industrial, commercial, retail,
service, recreational, hotel or motel facilities, or for warehousing
purposes, or for any combination thereof.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room
or rooms in a rooming/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 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.
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 consisting
of fewer than three dwelling units and has sleeping facilities for
fewer than 25 occupants, 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.
RENTAL UNIT
A dwelling unit or commercial unit which is available by
lease, rental, short-term rental, or otherwise, to persons other than
the owner. Rental unit shall not include that portion of a rental
facility, dwelling, commercial unit or dwelling unit that is owner-occupied.
SHORT-TERM RENTAL
The accessory use of a dwelling unit as defined in this section
for occupancy by someone other than the unit's owner or permanent
resident for a period of 14 or fewer consecutive days, which dwelling
unit is regularly used and kept open as such for the lodging of guests
and which is advertised or held out to the public as a place regularly
rented to transient occupants as defined in this section.
SHORT-TERM RENTAL PROPERTY
A residential dwelling unit, as defined in this section,
that is used and/or advertised for rent as a short-term rental for
transient occupants as guests as those terms are defined in this section.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
TRANSIENT OCCUPANT
Any person, or a guest or invitee of such person, who, in
exchange for compensation, occupies or is in actual or apparent control
or possession of residential property, which is either: 1) registered
as a short-term rental property, or 2) satisfies the definition of
a short-term rental property, as such term is defined in this section.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Paulsboro, 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.
All properties registered as a rental unit, including short-term
rentals, must be insured through an applicable combined property/liability
insurance single limit of no less than a policy of $500,000 per occurrence.
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 Paulsboro, or such other person as designated by
the Borough Council, a registration application 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 record owner is a corporation, the name and address of the
registered agent, together with a telephone number of the registered
agent, and the name and address of the corporate officers of said
corporation.
C. If the address of any record owner is not located in Paulsboro or
in Gloucester County, the name and address of a person who resides
in Gloucester 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.
D. The name and address of the managing agent of the premises, if any.
E. The name and address, including the dwelling unit number, apartment
or room number, of the superintendent, janitor, custodian or other
individual employed by the owner or managing agent to provide regular
maintenance service, if any.
F. The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in Gloucester County,
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
and shall, at all times, have access to a current list of building
tenants that shall be made available to emergency personnel as required
in the event of an emergency.
G. The name and address of every holder of a recorded mortgage on the
premises.
H. 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.
I. 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 application when filed by the Borough Clerk or designee.
J. A classification of the rental unit type using the following abbreviations:
SFD
|
(Single-Family Detached)
|
SFA
|
(Single-Family Attached)
|
DPL
|
(Duplex - two units)
|
TPL
|
(Triplex - three units)
|
QD
|
(Quad - four units)
|
CPL
|
(Complex - five or more units)
|
RH
|
(Rooming house)
|
CM
|
(Commercial - unit is located in a commercial business structure)
|
K. As to each rental unit, the following suffix classifications in addition
to the above rental unit type classifications:
O
|
(location has one or more units occupied by the owner)
|
A
|
(tenancy is restricted by age or disability)
|
S
|
(rent is subsidized)
|
C
|
(unit is located in a structure that has been converted from
a nonrental property to a rental property)
|
Z
|
(other)
|
L. The name, phone number and age of each occupant.
M. The number and type of all pets.
N. Proof of insurance that satisfies the requirements of §
59B-6.
O. Such other information as may be prescribed by the Borough of Paulsboro.
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 person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Paulsboro, which is not registered in accordance with 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 a conspicuous place within the rental unit(s).
No rental unit may be registered unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
All rental units shall be maintained in accordance with the
Uniform Construction Code, the BOCA National Property Maintenance
Code, the New Jersey Uniform Fire Safety Act and the Code of the Borough
of Paulsboro.
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Borough of Paulsboro,
or such other court having jurisdiction, be liable to a fine not exceeding
$2,000 per violation, but not less than $100 per violation, or imprisonment
for a term not exceeding 30 days, or a period of community service
not to exceed 30 days, or any combination thereof. Each day that a
violation occurs shall be deemed a separate and distinct violation,
subject to the penalty provisions of this article. Each separate rental
unit that fails to conform to this article shall be deemed a separate
and distinct violation for each day that the violation occurs within
the particular rental unit.