[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter 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 by this chapter. The term does not necessarily mean
a licensed real estate broker or salesperson 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 salesperson of the State
of New Jersey, if such person designated by the owner as his agent
is so licensed.
CERTIFICATE HOLDER
The person to whom the Certificate of Habitability is issued
pursuant to this chapter. The term "certificate holder" includes within
its definition the term "agent" where applicable.
CERTIFICATE OF HABITABILITY
The certificate issued by EHD or Designee attesting that
the rental unit is in compliance with all State and Local Laws and
regulations including, but not limited to, the City’s Zoning
and Land Use Regulations Ordinance, Health Laws and Regulations, Property
Maintenance Code, Uniform Construction Code, Housing Code, Building
Code and/or Uniform Fire Safety Act.
DWELLING
Shall mean any structure which is used or is intended, arranged
or designed for use by human occupants for living or sleeping purposes,
whether occupied or vacant, inclusive of dwelling units as defined
herein.
DWELLING UNIT
Shall mean any room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or designed for living, sleeping, cooking and eating, bathing and
toilet purposes.
EHD
Shall mean the Department of Economic and Housing Development.
OWNER
Any person or persons, firm, corporation or officer thereof,
partnership, association or trust who owns, operates, exercises control
over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
LANDLORD
Shall mean the person or persons who own, or purport to own,
or exercise control of any building or project having one or two units
in which there is rented or offered for rent housing space for living
or dwelling purposes under either a written or oral lease, provided
that this definition shall not include owner-occupied two-unit premises.
As used in this chapter this definition shall include any multiple
dwelling subject to the Hotel and Multiple Dwelling Law, N.J.S.A.
55:13A-1, et seq.
REASONABLE TIME
Between the hours of 8:00 a.m. and 5:00 p.m. or such other
time mutually agreed
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 which is available for lease or rental purposes
in a rental facility and is meant to include a dwelling unit offered
for lease or rental, including but not limited to Short-Term Rental
Property, one-family homes, two-family homes, three-family homes,
four-family homes, etc., as well as individual apartments located
within apartment complexes.
SHORT-TERM RENTAL PROPERTY
Shall mean a rental unit that is used and/or advertised for
rent as a short-term rental by transient occupants as guests. Dwelling
units rented to the same occupant for more than 28 continuous days,
licensed Bed and Breakfast establishments, licensed rooming or boarding
houses, hotels, and motels shall not be considered Short-Term Rental
Property.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Pursuant to N.J.S.A. 46:8-28, the City’s Municipal Clerk
hereby designates that all existing and future rental units shall
be registered with the Department of Economic and Housing Development
("EHD") or such other department or person as designated by the Director
of EHD ("Designee"). EHD or Designee shall work in conjunction with
all other departments including, but not limited to, the City Clerk,
Department of Engineering, Building Division (UCC), Health Department,
and the Department of Public Safety on forms, which shall be provided
for that purpose and which shall be obtained from EHD.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
The registration for every rental unit in the City of Newark
that is currently being rented shall occur within one hundred twenty
(120) days following the adoption of this section. No unrented unit
shall be rented unless and until the rental unit is registered and
a Certificate of Habitability is issued in accordance with this chapter.
Once a rental unit is registered and a Certificate of Habitability
has been issued, the registration shall be effective so long as the
occupancy of the rental unit and the information necessary to obtain
the Certificate of Habitability has not changed. Notwithstanding the
above, Short-term Rental Property shall comply with the section on
an annual basis only.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Without infringing upon the requirements of N.J.S.A. 46:8-28,
all rental units shall be registered, and a Certificate of Habitability
shall be issued as provided herein. Every owner shall file with EHD
or Designee 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 names and addresses of all general
partners shall be provided, 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
record owner is a corporation, the names and addresses of the registered
agent(s) 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.
c. If the
address of any record owner is not located in the City of Newark or
in Essex County, the name and address of a person who resides in Essex
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 agent of the premises, if any.
e. The name
and address of the superintendent, janitor, custodian or other individual
employed by the owner or agent to provide regular maintenance service,
if any.
f. The name,
address and telephone number of an individual representative or 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.
g. The names
and addresses 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 the square footage of the
rental unit, which shall become part of the application, and which
shall be attached to the registration form when filed by EHD or Designee.
j. Any such
other information as may be prescribed by EHD or Designee.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023; amended 8-2-2023 by Ord. No. 6PSF-H,
08-02-2023]
EHD or Designee shall index and file the registration forms.
In doing so EHD 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 chapter. EHD or Designee shall provide a copy of each registration
and the Certificate of Habitability to the Office of the City Clerk
and a copy of the registration shall also be kept on file in the Office
of Rent Control. The City of Newark shall create a rental registration
portal where forms and registration can be access and submitted electronically.
In person submissions will also be permitted.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Every person required to file a registration form pursuant to
this Chapter shall file an amended registration form within twenty
(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 or occupancy of the premises is changed.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
a. Subsequent
to the initial registration, the owner shall permit the City to inspect
each rental unit at least once every three (3) years or upon a change
in occupancy of the unit.
b. Such
inspections shall be performed by such person, persons or agency duly
qualified, authorized and appointed by the City. Inspections made
by persons or an agency other than the duly qualified, authorized
and appointed person, persons or agency of the City of Newark shall
not be used as a valid substitute.
c. Such
inspections shall be for the purpose of determining if the property
complies with all State and Local Laws and Regulations including,
but not limited to, the City’s Zoning and Land Use Regulations
Ordinance, Health Laws and Regulations, Property Maintenance Code,
Uniform Construction Code, Housing Code, Building Code and/or Uniform
Fire Safety Act.
d. Unsatisfactory inspection. In the event that the inspection(s)
of a rental unit does not result in a satisfactory inspection, such
property shall be registered, however a Certificate of Habitability
shall not be issued, 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 rental unit into compliance with the applicable code
and the property is thereafter subsequently inspected and approved.
Upon inspection of any rental unit, the inspector, upon finding that
the rental unit contains only minor violations of this chapter which
are not inimical to the health, safety and welfare of a perspective
occupant so as to prohibit occupation by the same, may cause to be
issued a temporary Certificate of Habitability which shall be conditioned
upon the property owner, complying with the provisions of this chapter
within a reasonable period of time not to exceed thirty (30) days
from the issuance of such temporary certificate. Upon compliance by
the property owner with the provisions of this chapter, the City’s
Division of Code Enforcement shall issue a Certificate of Habitability
at no additional fee. The permanent Certificate of Habitability shall
be effective for the same period of time as if issued upon initial
inspection. If the corrections are not made within that thirty (30)
day period, the property owner or landlord shall be deemed in violation
of this chapter.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
a. All rental
units subject to this chapter are subject to inspections to determine
their condition in order to safeguard the health, safety and welfare
of the occupants and of the general public.
b. At the
time of such inspections, all rental units must be available and accessible
for such inspections, and the owner, operator and occupant are required
to provide the necessary arrangements to facilitate such inspections.
Such inspections shall be conducted with prior, written notice to
the occupant at least twenty-four (24) hours in advance of said inspections
and shall be made between 8:00 a.m. and 4:00 p.m. with the consent
of the occupant, who is of legal age to grant such consent, unless
there is reason to believe that a violation exists of a character
which is an immediate threat to health or safety, requiring inspection
and abatement without delay, or where the time taken to apply for
and secure the issuance of a Court Order would render ineffective
the immediate action necessary to abate the condition.
c. After
receiving prior, written notice of at least twenty-four (24) hours,
every occupant shall give the owner of the rental unit access during
reasonable hours to any part of such rental unit in compliance with
any prior arrangements for such action that the tenant and owner established,
including provision of any lease entered into by the parties for the
purpose of making such repairs and alteration as are necessary to
effect compliance with the provisions of this chapter or any lawful
order issued pursuant thereto. Should the parties not have a written
lease or prior agreement regarding such course of action, or any written
lease is silent regarding such measure, then the tenant shall provide
access at all reasonable times after receiving prior notice of at
least twenty-four (24) hours.
d. Complaints. Within ten (10) days of receipt of a complaint
alleging a reported violation of this Chapter, an inspecting officer
shall conduct an inspection as hereinbefore provided.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
The City’s inspectors shall be supplied with official
identification and shall exhibit such identification when entering
any rental facility, rental unit, rooming house and boardinghouse
or any part of any premises subject to this Chapter. Inspectors shall
conduct themselves so as to avoid intentional embarrassment or inconvenience
to occupants.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
a. If EHD
or Designee is unable to work with the owner to gain access to the
rental unit, the City may, upon affidavit, seek a Court Order from
the from the Municipal Court of the City or any other court of competent
jurisdiction based upon facts and the actual conditions and circumstances
that provide a reasonable basis for believing that a violation of
this chapter exists, including one (1) or more of the following:
1. The
premises requires inspection according to the cycle established by
the City 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 factors which render systematic inspections of such building
necessary in the interest of public health and safety.
b. If satisfied
as to the matter set forth in such affidavit, the Judge of the Municipal
Court of the City shall authorize the issuance of a Court Order granting
the City access to conduct the appropriate inspection required under
this chapter.
c. Where the City or its agent, in possession of a Court Order, 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 any penalty imposed by the Municipal Court for failing to comply with a Court Order as well as be subject to penalty set forth in §
18:17-19 of this chapter.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
No owner or landlord shall be permitted to lease any rental
unit without first registering with the EHD or Designee in accordance
with this chapter and receiving a Certificate of Habitability as provided
herein.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Upon the filing of a completed registration form, payment of
the prescribed fee and a satisfactory inspection by the City, the
owner shall be entitled to the issuance of a Certificate of Habitability
commencing on the date of issuance and indicating same expiring upon
a change of the occupancy of the rental unit. A registration form
shall be required for each rental unit, and a Certificate of Habitability
shall be issued to the owner for each rental unit, even if more than
one (1) rental unit is contained in the property.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
At the time of the filing of the registration form and prior
to the issuance of a Certificate of Habitability, the owner or agent
of the owner must pay a fee in accordance with the following:
a. An inspection
fee of $50 for each rental unit.
b. Renewal
must be made every three (3) years (per unit) or upon change in tenant
within those three (3) years. All renewals are subject to a $50 inspection
fee per unit.
c. Failure
of owner to renew every three (3) years or notify EDH or Designee
upon change of tenant will result in an increased fee of $100 per
rental unit.
d. There
will be a re-inspection fee of $50 if the unit is not in compliance
upon first inspection.
e. There
will be no fee for owner occupied units: owner must be on deed and
must supply a copy of their driver's license or some other document
as proof of residency.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Supplying and posting copy of Certificate of Habitability to
occupants and tenants. Every owner shall provide each occupant or
tenant occupying a rental unit with a copy of the Certificate of Habitability
as required by this chapter. 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 Law 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).
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
Written notice of the maximum number of occupants permitted in each rental unit shall be provided to the owner. It shall be unlawful for any person to allow a greater number of persons than the maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding twenty-nine (29) days as provided for in said notice. Any person violating this provision shall be subject to the penalty provisions of §
18:17-19 of this chapter.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
No rental unit may be registered and no Certificate of Habitability
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.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023]
All dwelling units shall be maintained in accordance with the
State of New Jersey Uniform Construction Code.
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023; amended 8-2-2023 by Ord. No. 6PSF-H,
08-02-2023]
Unconscionability shall be determined by adjudication in New
Jersey State Superior Court. Upon judicial findings of unconscionability
the City shall give the landlord notice that it is prohibited from
increasing rent for the ensuing three (3) years for the adjudicated
property.
[Added 8-2-2023 by Ord. No. 6PSF-H, 08-02-2023]
Grounds. In addition to any other penalty prescribed herein,
an owner may be subject to the revocation or suspension of the certificate
of habitability issued hereunder upon the happening of one or more
of the following:
a. Conviction
of a violation of this chapter in the Municipal Court or any other
court of competent jurisdiction.
b. Continuously
permitting the rental unit to be occupied by more than the maximum
number of occupants as defined in this chapter.
c. Maintaining
the rental unit or units on the property in which the rental unit
is a part in a dangerous condition likely to result in injury to person
or property,
[Added 4-5-2023 by Ord. No. 6PSF-D, 04-05-2023; amended 8-2-2023 by Ord. No. 6PSF-H,
08-02-2023]
Any person who is convicted of violating the rental registration
component of this chapter within one (1) year of the date of a previous
violation of the same chapter and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the violation of the chapter.
If the Court determines that violation(s) exist, the Court shall
not consider reducing the total amount of the penalties referred to
herein until the Court has been satisfied that the violations are
abated.
Any person who has been proven to have violated the rental unconscionability
component of this chapter by receiving a final judgment order by the
Superior Court of New Jersey, which determined that rental increase
was unconscionable shall be punished by a fine not less than $2,000
per unit in which the rent was unconscionably increased.