[HISTORY: Adopted by the Township Council of the Township
of Maple Shade 2-9-2023 by Ord. No. 2023-03. Amendments noted
where applicable.]
A.
All residential properties containing up to four rental units and all commercial rental properties or units shall comply with the requirements of this chapter. Residential units occupied by the property owner or an immediate family member of the owner must comply with the registration requirements and regulations but not the inspection requirements of § 154-5.
B.
These regulations shall not apply to hotels, motels, and bed and
breakfast properties which are consistently occupied by guests or
tenants for less than 30 successive days.
C.
The registration requirements of this chapter shall not apply to
multifamily dwellings of more than four units subject to the Hotel
and Multiple Dwelling Code.
As used in Chapter 154, the following terms shall have the meanings indicated:
The individual or individuals designated by the owner as
the person(s) authorized to perform any duty imposed upon the owner
by this chapter.
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.
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.
The license issued by the Housing Officer or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
Every person, entity, landlord, or mortgagee, who alone or severally
with others:
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
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
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
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property.
The property manager shall not be considered the owner.
A natural person, association, corporation, firm, partnership,
trust or other legal entity, or any combination thereof.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
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:
RESIDENTIALDwelling unit or rental unit.
COMMERCIALProperty, or unit within a property, located within the Township of Maple Shade.
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.
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[1]]
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.
A.
No premises shall be operated or conducted as licensed premises hereunder
which does not provide at least one single and separate lavatory for
each four sleeping rooms or fraction thereof.
B.
The least horizontal dimensions of every sleeping room in licensed
premises hereunder shall be not less than seven feet, and every such
room shall have a floor area of not less than 70 square feet for one
occupant. An additional 50 square feet shall be required for each
additional occupant; provided however, that children under the age
of three shall not be considered to be additional occupants.
C.
Every bedroom shall have access to at least one water closet and
one lavatory without passing through another bedroom. No such room
shall be used for sleeping purposes which does not open to the outside
of the building on a street, alley, yard or court; each such sleeping
room shall have at least one window not less than eight square feet
in area and one door for ingress and egress.
D.
No basement, kitchen, garage, lobby, hallway or barn shall be used
or occupied for sleeping purposes; no porches shall be so occupied
unless the adjoining space or room is occupied by the same registrant,
and then only if the cubic content and floor space thereof shall comply
with all provisions of this chapter.
E.
No gas, coal or electric range or stove or any other apparatus or
appliance shall be used for cooking or the preparation of food, or
be installed, in any room or unit in any licensed premises which is
occupied or is intended, arranged or designed to be occupied for sleeping
purposes, nor shall any food be cooked, prepared or stored in any
such room or unit.
F.
Every rental property providing accommodations for persons on and
above the third floor thereof shall be provided with some means of
escape in the event of fire, other than one stairway leading to such
accommodations.
G.
Shall be provided with heating facilities capable of maintaining
certain temperatures within the living area of the rental unit.
(1)
Heat supply. Every owner who has expressed or implied that heat will
be furnished to the occupants thereof shall supply sufficient heat
during the period from October 1 to April 30 to maintain the room
temperature at no less than 65° F. in all living areas of the
rental unit(s) during the hours between 6:30 a.m. and 10:30 p.m. of
each day and not less than 60° F. during all other hours.
(2)
Cooling supply. Owner(s) who have agreed to provide cooling facilities
to their tenants shall be bound to such obligation. Failure of cooling
facilities, mechanical, electrical or otherwise, shall not excuse
a landlord's obligation to provide such facilities.
(3)
Upon notice by the Housing Officer, the owner shall be obligated
to promptly repair the heating or cooling systems for the affected
rental unit(s) affected by the failed system.
(4)
In the event that any owner fails to act in accordance with the requirements
contained herein, the Housing Official has the authority to act immediately
to protect the health and safety of the tenants if, following consultation
with trained medical and/or emergency response personnel, it is determined
that extreme hot or cold weather conditions exist which may present
a danger to the health and safety of the tenant. To this end, the
Housing Official may either cause the repair of the failed system
or provide for alternate temporary housing for the tenants of the
rental unit(s) affected by the failed system. All expenses incurred
by the Township pursuant to this chapter shall be the responsibility
of the owner of the rental unit(s).
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.
A.
No person shall occupy a residential rental unit and no owner shall
permit the occupancy of a residential rental unit which has not been
registered with the Township of Maple Shade, or where the certificate
of inspection has been revoked or suspended, except as provided immediately
below.
B.
Where the certificate of inspection has been revoked or suspended,
the Housing Official shall make a determination whether continued
occupancy of the residential rental unit is dangerous to the health
and safety of the tenant or tenants, and shall permit continued occupancy
by the tenants in those cases where continued occupancy is determined
not to be dangerous to their health and safety; provided, however,
that if said unit is subsequently vacated, it may not be re-rented
as long as the certificate of inspection has not been reinstated.
C.
The maximum number of occupants shall comply with the International
Property Maintenance Code of 2021 as it may be updated. The maximum
number of occupants shall be posted in each residential rental unit.
It shall be unlawful for an owner to knowingly rent and a tenant to
knowingly occupy a residential rental unit with occupants that exceed
the number allowed on the premises based on the available sleeping
rooms or any modification made by the housing inspector on the basis
of the size and layout of the unit.
D.
It shall be unlawful for any person to reside in the premises whose
name does not appear on the lease unless authorized by the tenant
or tenants whose names appear on the lease.
E.
The lease for each residential rental unit shall specify that the
lease is subject to all provisions of Township ordinances.
A.
Any person, firm, association or corporation violating any of the
provisions of this chapter shall, upon conviction, be subject to one
or more of the following: a fine not less than $500 or greater than
$2,000, and/or imprisonment in the county jail for a term not exceeding
90 days, and or a period of community service not exceeding 90 days,
in the discretion of the Municipal Court Judge.
B.
Any person, firm, association or corporation who is convicted of
violating this chapter within one year of the date of a previous violation
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person, firm, association or corporation
for a repeat 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.
C.
The foregoing penalties shall be in addition to any other penalty
provided in this chapter and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35.
A.
The following are grounds for the revocation or suspension of the
certificate of inspection or the occupancy of the unit:
(1)
Allowing the residential rental unit to be occupied or used in a
manner which constitutes a public nuisance pursuant to N.J.S.A. 2C:33-12
or which is the location of activities which endanger the health and
safety of surrounding residents, property owners and the general public.
(2)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(3)
Refusal to comply with a notice of violation and an emergency order
of a public officer to correct a violation of the property maintenance
code involving public health or safety violations.
(4)
Violation of the property maintenance or other applicable code on
three or more separate occasions within a twelve-month period, if
not corrected in timely fashion.
(5)
Failure to comply with an order to correct a violation of the property
maintenance or other applicable code entered by the municipal court
or any other court of competent jurisdiction.
(6)
Failure to pay inspection fees and registration fee.
(7)
Failure to notify the public officer that a residential rental unit
has been vacated and reoccupied.
B.
Opportunity to cure. Whenever the Housing Officer shall determine
that any property is being occupied in violation of this section,
the Housing Officer shall notify the owner and provide the owner with
a period not to exceed 30 days to cure the violation. The owner shall
further be given the opportunity to show that the proposed suspension
or revocation is inappropriate because it is based on incorrect or
obsolete information.
C.
Administrative action. In the event that the owner fails to cure
the violation or fails to show that the proposed suspension or revocation
is inappropriate, within the time period granted, the Housing Officer
shall issue an order revoking the certificate of inspection for the
property or suspending it for a period not to exceed one year. The
order may include demand for payment of any registration or inspection
fees due and unpaid.
D.
Hearing.
(1)
The owner shall have the opportunity to be granted a hearing on the proposed suspension or revocation of the certificate of inspection and demand for payment of fees unpaid and due, by submitting a written request for a hearing to the Housing Officer within 30 days of issuance of the order in Subsection C above. In the request for a hearing, the owner shall provide the names and mailing addresses of any tenants affected by the order. In such event, the effect of such order shall be stayed until the conclusion of the hearing.
(2)
Upon receipt of a request for a hearing, the Housing Officer shall
notify the Township Manager, identifying the property, the property
owner, and the grounds for the order.
(3)
Upon receipt of said notification, the Township Manager shall identify
a hearing officer, which may be the Township Manager or another qualified
individual, who may or may not be a municipal employee, and shall
issue a notice of hearing setting forth the date, time and place of
the hearing, the nature of the order which is the subject of the hearing
and the grounds for issuance of the order. The hearing shall take
place not less than 20 days from the date of service of the notice
of hearing.
(4)
The notice of hearing shall be served upon the owner or agent and
upon any tenant affected by the order. Service shall be made personally
or by regular and certified mail, return receipt requested, by mailing
the notice of hearing to the last known address of such person.
(5)
The Housing Officer shall testify at the hearing and may produce
witnesses in support of the grounds for issuance of the order. The
owner, agent, and any tenant affected by the order shall have the
right to appear at the hearing and testify, produce witnesses, and
be represented by an attorney.
E.
Action by hearing officer; appeal.
(1)
After the hearing, the hearing officer shall prepare a written order
setting forth his or her findings and affirming, modifying or rescinding
the order of the Housing Officer, including any registration or inspection
fees due and payable.
(2)
A copy of the order shall be served on the owner or agent and any
tenant affected by the order personally or by regular and certified
mail, return receipt requested, by mailing the document to their last
known address.
(3)
If the whereabouts of any tenant is unknown and cannot be ascertained
in the exercise of reasonable diligence, then service of the resolution
or order on such person shall be made by posting the document in a
conspicuous place on the building affected by the complaint.
(4)
The owner or any party in interest may, within 30 days of receipt
of the order, institute a summary proceeding in the Superior Court,
Law Division, to contest the reasonableness of any provisions of the
order.
