As used in Chapter
154, the following terms shall have the meanings indicated:
AGENT or MANAGING AGENT
The individual or individuals designated by the owner as
the person(s) authorized to perform any duty imposed upon the owner
by this chapter.
CERTIFICATE OF INSPECTION
The document issued by the Township Rental Coordinator attesting
that the rental unit (residential or commercial) has been properly
inspected in accordance with this article.
DWELLING UNIT
Any room or rooms or suite or apartment, cottage bungalow,
hotel, 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/her agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities and improvement
connected with use or occupancy thereof.
LICENSE
The license issued by the Housing Officer or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
OWNER
A.
Every person, entity, landlord, or mortgagee, who alone or severally
with others:
(1)
Has legal or equitable title to any rental dwelling, dwelling
unit, rental facility, rental unit, mobile dwelling unit, building,
structure, parcel of land, vacant or otherwise; or
(2)
Has legal care, charge or control of any rental property, rental
unit, dwelling, dwelling unit, building, structure or parcel of land,
vacant or otherwise, in any capacity, including but not limited to,
agent, executor, administrator, trustee or guardian of the estate
of the holder of legal title; or
(3)
Is a mortgagee in possession of any such property, or is a mortgagee
with actual control of access to the property by any means including,
but not limited to, changing locks or putting on a lock box; or
(4)
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property.
B.
The property manager shall not be considered the owner.
PERSON
A natural person, association, corporation, firm, partnership,
trust or other legal entity, or any combination thereof.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
RENTAL PROPERTY
Any structure or portion of a structure within the Township
of Maple Shade which is occupied by someone other than the owner of
the real estate for residential or commercial purposes for which the
owner receives any value or consideration, including but not limited
to money, or the exchange of goods or services, regardless of the
relationship between lessor and lessee, including but not limited
to the following:
B.
COMMERCIALProperty, or unit within a property, located within the Township of Maple Shade.
RENTAL UNIT
Residential one-dwelling unit rental, including individual
condominium units and two- to four-dwelling-unit premises. In the
case of a two-, three- or four-dwelling unit where the owner or an
immediate family member of the owner occupies one of the units, that
unit must comply with registration requirements but will not be subject
to the inspection provisions of this chapter. For the purposes of
this chapter, any residential unit, one-dwelling unit or two-, three-
or four-dwelling unit, where the unit is not occupied by the owner
of the property or an immediate family member, even if rent is not
being charged or collected, shall be considered a rental unit.
TENANT
One or more persons to whom a rental property is leased or
rented by the owner. All children under 12 years of age shall be excluded
from the term "tenant."
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units and rental properties containing
four or less rental units shall file a rental registration application.
A. All rental units within a rental property hereinabove defined shall
be registered with the Housing Officer on application forms which
shall be obtained from the Construction Office.
B. Upon submission of a complete registration form and payment of the
registration fee, the Township shall issue a license for each rental
unit within a property. Upon receipt of the completed form and fee,
the Township will schedule a timely inspection of the unit or units
that are the subject of the registration. If the inspection results
in a satisfactory rating, a certificate of inspection shall be issued.
However, the Housing Officer may reinspect any rental unit at any
time when he or she has reasonable grounds to believe that the unit
is no longer in compliance with the property maintenance code or these
regulations.
C. No person or persons shall hereafter occupy any rental unit or rental
property nor shall the owner permit occupancy of any rental unit or
rental property within the Township, unless it has been registered
as per this chapter and a certificate of inspection has been issued
in accordance with this chapter.
D. An owner who has rented a rental unit to which a rental license or
certificate of inspection has not been issued, and who does so in
good faith and without knowledge of the requirement that a rental
unit must be registered and that a certificate of inspection is issued
after an inspection, shall be supplied a written warning concerning
the requirement of this chapter and such owner shall thereupon have
a period of five business days to comply with the registration of
the rental unit in accordance with this chapter. If the owner does
not comply then the unit shall be deemed in violation of this chapter,
and each and every day that the violation continues thereafter shall
constitute a separate offense.
E. In the event that a rental unit or rental property is sold, assigned
or transferred during the registration year, the rental registration,
and certificate of inspection if it has been issued, shall be transferable
to the new owner.
(1) An amended registration form shall be filed within 20 days after
any change in the information required to be included thereon. No
fee shall be required for the filing of an amended registration form
that updates owner(s) information.
Every application for registration on a rental unit or rental
property shall be on the form provided by the Construction Office,
and shall include the following information:
A. The name, address, and telephone number of the record owner(s) of
the rental property. In the case of a partnership, this information
shall be provided for all general partners. In the case of a corporation
or LLC, this information shall be provided for the registered agent
and all corporate officers.
B. The name, address, and telephone number of the agent of the rental
property, if any.
C. The name, address, and telephone number of the property manager of
the rental property, if any.
D. The name, address, and telephone number of every holder of a recorded
mortgage on the premises.
E. The address of the rental property or rental unit, whether the unit
is residential or commercial, the exact number of rental units at
that address, the number or letter designating each unit.
F. For each rental unit that is residential:
(1) The number of rooms used exclusively or primarily for sleeping contained
within each residential unit.
(2) The estimated square footage of each room used exclusively or primarily
for sleeping.
(3) A floor plan shall be attached to the registration form.
(4) The number of occupants of each residential rental unit.
G. Owner of a rental unit must provide a certificate of insurance in
an amount of no less than $500,000 for combined property damage and
bodily injury to or death of one or more persons in any one accident
or occurrence.
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.
[Amended 5-11-2023 by Ord. No. 2023-08]
A. All rental units subject to this chapter shall be inspected in accordance
with the following:
(1) Hotels and multiple dwellings as defined in N.J.S.A. 55:13A-3(j)
and (k) - such properties shall be inspected by the Bureau of Housing
Inspection of the State of New Jersey, Department of Community Affairs.
A current, valid certificate of inspection issued by the State of
New Jersey, Department of Community Affairs pursuant to the Hotel
and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) shall satisfy
the requirements of this chapter.
(2) Rental units of four or less units - shall be inspected by the Housing Officer, or such person designated by the Housing Officer, to determine compliance with Chapter
152, Property Maintenance, New Jersey State Housing Code, Hotel and Multiple Dwelling Code and International property Maintenance Code. These officials may call upon agents or representatives of the Township, including but not limited to the Board of Health Officer, Fire Official, Construction Official or Police Department to assist in the enforcement of this chapter.
B. Frequency of inspections.
(1) Residential rental. After receipt of the initial certificate of inspection,
a residential rental unit or property shall be inspected at the earlier
of a change in tenant or one year from the date of issuance of the
last issued certificate of inspection.
(2) Commercial rental. After receipt of the initial certificate of inspection,
a commercial rental unit or property shall be inspected upon each
change in tenant.
C. Access for inspections, repairs, complaints.
(1) The inspection officers are authorized to make inspections to determine
the condition of rental properties and rental units to safeguard the
health, safety, and welfare of the occupants of the rental properties
and rental units and of the general public. For the purpose of making
such inspections, the inspecting officers are authorized to enter
the upon premises with the consent of the owner or its designated
agent and tenant, or failing that, pursuant to an administrative search
warrant, in such a manner as to cause the least possible inconvenience
to the persons in possession of the premises. At the time of such
inspections, all rooms in the rental properties and rental units shall
be available and accessible for such inspections and the owner and
tenant are required to provide the necessary arrangements to facilitate
such inspections. This section shall not be construed to prohibit
the entry of any such officials or their agent at any time when an
actual emergency exists which tends to create a danger to public health
or safety or at any time when an inspection is requested by the owner
or tenant.
(2) Every occupant shall give the owner of the rental property or rental
unit access to any part of such rental property or unit in accordance
with any prior arrangements established by the tenant and owner, including
the provisions of any lease between the parties. Should the parties
not have a written lease or prior agreement regarding such action,
then the tenant shall provide access 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.
D. If a rental property or rental unit is not accessible for an inspection at the time scheduled with the Township, the owner shall be subject to a fine of $50. If a rental unit is not accessible for a scheduled inspection a second or subsequent time, an owner shall be subject to the penalty provisions of §
154-8 of this chapter.
E. Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, the Housing Officer shall conduct an investigation
as hereinbefore provided.
F. The owner and tenant shall give the Housing Officer or his/her designee
free access to the rental unit(s) at all reasonable times for the
purpose of such inspections, examinations and surveys.
[Added 5-11-2023 by Ord. No. 2023-08]
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 external conditions 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 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. If no violation of this chapter is found upon inspection, the owner
will not be charged with an additional inspection fee. If a violation
is documented the owner will be charged.
D. 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, tenant or operator from conducting an inspection of
the premises, such person shall be in violation of this chapter and
subject to the penalties hereunder.
[Added 5-11-2023 by Ord. No. 2023-08]
A. Unoccupied property. In the event that a rental unit does not pass inspection, such unit shall not be granted a certificate of inspection nor shall the owner of the property or his or her agent lease or rent such property, nor shall any tenant occupy the property until the necessary repairs or corrections have been made so as to bring the property and rental unit into compliance with Chapter
152, Property Maintenance of this Code, the New Jersey State Housing Code, the Hotel and Multiple Dwelling Code, International Property Maintenance Code, and such ordinances, codes and regulations in effect at the time of the inspection. The fact that a unit has failed inspection shall not relieve the owner of the obligation to register the property in accordance with this chapter notwithstanding that the necessary repairs have not been made. However, no certificate of inspection shall be issued until such time as the Housing Officer is presented with satisfactory evidence that the property has been reinspected and complies with the ordinances, codes and regulations referred to in this subsection.
B. Occupied property. Whenever the property is occupied by a tenant
at the time of the inspection and the rental unit does not pass inspection,
said unit may continue to be occupied, provided that all such repairs
or corrections are made within 30 days of the original inspection,
unless the nature of the deficiency and the applicable law upon which
the inspection is made mandates a shorter time for repairs, in which
event the shorter time shall govern.
C. The Housing Official shall reinspect the rental unit after the notice
of violation has been served and the time has expired for correction
of the violations. If the violation still exists after reinspection
and the Housing Official deems that the owner is making a good-faith
effort to correct the violation, he or she may allow for further time
and subsequent reinspection of the residential rental unit; alternatively,
the Housing Officer shall file a complaint with the Municipal Court
for enforcement of the applicable regulations and codes.
D. In the event that the conditions are not corrected within the time
allotted, the owner and any tenant occupying the unit shall be deemed
in violation of this chapter, and each and every day that the violation
continues thereafter shall constitute a separate offense.
An owner or agent of the owner must pay fees in accordance with
the following:
A. Annual rental registration for each residential rental unit which
includes administrative cost, annual inspection and one follow-up
inspection, and certificate of inspection, an annual fee of $100 per
rental unit.
B. Annual rental registration for each commercial rental unit, which
includes administrative cost, an annual fee of $25 per rental unit.
C. Certificate of inspection for commercial rental unit which includes
administrative cost, initial inspection and one follow-up inspection
and certificate of inspection, a fee of $200 per change in tenant.
D. Complaint inspection fee of $50 per rental unit.
E. Any additional reinspection required by the Housing Officer above
what is included in the annual residential rental registration or
certificate of inspection or any cancellation of an appointment for
inspection on less than 48 hours' notice during the same year shall
result in an additional charge of $50 per inspection.
F. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $25 will be assessed.
G. No fee shall be required for units owned by the Township of Maple
Shade or another governmental agency.