[HISTORY: Adopted by the Township Council of the Township
of Gloucester 1-26-2015 by Ord.
No. O-15-02. Amendments noted where applicable.]
This chapter shall be known as the "Rental Housing and Property
Maintenance Compliance Code in the Township of Gloucester."
It is hereby found and declared that there exists in the Township
of Gloucester rental structures and buildings used for residential
purposes that are or may become in the future substandard with respect
to structure, equipment, or maintenance, and the purpose of the Rental
Housing and Property Maintenance Compliance Code is to provide minimum
standards governing the appearance and maintenance of physical components
of residential rental units; to place responsibilities and duties
upon landlord, owners and operators; to establish procedures for inspection;
and to fix penalties for violation of the Rental Housing and Property
Maintenance Code. There is hereby created a Division of Rental Housing
and Property Maintenance Compliance with the Township of Gloucester.
As used in this chapter, the following terms shall have the
meanings indicated:
The Division of Rental Housing and Property Maintenance Compliance,
or as may be designated, shall be the administrator of the Rental
Housing and Property Maintenance Compliance Code.
The individual or individuals designated by the owner as
the person(s) State of New Jersey, if such person designated by the
owner as his agent is so licensed.
The certificate issued by the Division of Rental Housing
and Property Maintenance Compliance Code attests that the rental unit
has been properly registered and inspected in accordance with this
chapter.
Person designated by the Division of Rental Housing and Property
Maintenance Compliance as responsible for receiving, reviewing and
issuing a certificate of compliance.
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 and made available for rental. Each dwelling
unit shall contain no more than one kitchen or cooking facility.
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.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence in the Township.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
A dwelling unit which is available, by lease or rental, to
persons other than the owner. "Rental unit" shall not include that
portion of a rental facility.
A.
All residential rental units shall hereafter be registered with the
Division of Rental Housing and Property Maintenance Compliance, on
forms which shall be provided for that purpose, and which shall be
obtained from the Township Clerk. Such registration shall occur on
an annual basis, as provided herein.
B.
Each rental unit and rental facility shall be registered annually
and with each unit change in occupancy. The annual registration shall
commence on January of every year and shall be valid for a calendar
year, at which time it shall expire and new registration shall be
required. Any lease which has been executed prior to the adoption
of this chapter shall not be affected, but the rental unit must nevertheless
be registered, inspected and a certificate of compliance issued in
accordance with this chapter. No rental unit shall hereafter be rented
unless the rental unit is registered, inspected and is issued a certificate
of rental housing and property maintenance compliance.
C.
The initial registration shall occur January 1, 2011. All annual
registrations must be completed by February 15 of each calendar year.
D.
Registration forms; filing; contents. Without in any way intending
to infringe upon the requirements of N.J.S.A. 46:8-28, all rental
units shall be registered and inspected, as provided herein. Every
owner shall file with the Division of Rental Housing and Property
Maintenance Compliance a registration form for each unit contained
within a building or structure, which shall include the following
information:
(1)
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 partnership, the names and addresses
of all general partners shall be provided, together with the telephone
numbers for each such individual, where such individual may be reached
both during the day and evening hours.
(2)
If the address of any record owner is not located in the Township
of Gloucester, the name and address of a person who resides in the
State of New Jersey 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.
(3)
The name and address of the agent of the premises, if any.
(4)
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.
(5)
The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in Camden 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 and who
has the authority to make emergency decisions concerning the building
and any repair thereto or expenditure in connection therewith.
(6)
The name and address of every holder of a recorded mortgage on the
premises.
(7)
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.
(8)
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 form when filed by the Township Clerk or designee.
(9)
For scheduling purposes the telephone number of the tenant will be
provided. The names of the tenants and number of occupants to reside
in the unit.
The Division of Rental Housing and Property Maintenance Compliance
shall index and file the registration forms.
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 occupancy or 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.
Each rental unit and rental facility shall be inspected at least
once during every twelve-month period, except as may be set forth
in Subsection D below.
A.
Inspection. Such inspections shall be performed by such person, persons
or agency duly authorized and appointed by the Division of Rental
Housing and Property Maintenance Compliance. Inspection(s) made by
persons, or an agency other than the duly authorized and appointed
person, persons or agency of the Division of Rental Housing and Property
Maintenance Compliance, shall not be used as a valid substitute.
B.
Purpose. All such inspections shall be for the purpose of determining
the minimum maintenance standards to be provided by law and this chapter
and other ordinances of the Township of Gloucester.
C.
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, such rental
unit shall not thereafter be registered, nor shall a certificate of
compliance be issued; and the owner of the property or his agent shall
not lease or rent such unit, nor shall any new tenant occupy the unit,
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 and unit is thereafter subsequently inspected, registered
and a certificate of compliance issued. In the event that the property
is occupied when such conditions are discovered, all such corrections
shall be made within 30 days, other than a condition possibly presenting
a hazard to life safety or property such as a nonworking fire and
smoke alarm system, an empty or uncharged fire extinguisher, exposed
electric wires, faulty or nonfunctioning plumbing. If not made within
those time periods, the inspector shall be issued a citation, which
shall continue and renew on a day-to-day basis. For every day said
violation continues it shall constitute a separate and distinct violation,
subject to the penalty provision of this chapter.
D.
Waiver of annual inspection. If 85% of the units in a complex are issued a satisfactory rating following the annual inspection as to life safety inspection items, for two consecutive years, all units within the complex shall be exempt from the annual inspection in the next subsequent year. In the event the complex is entitled to a waiver under this Subsection D, and is subject to a New Jersey DCA inspection in the following year, the waiver provided herein shall carry over to the next year subsequent to the New Jersey DCA inspection. The complex owner shall provide notice of the inspection and results to qualify for this waiver.
E.
Multiple inspections. It is the intent of this chapter that each
unit be inspected at least once a year and not necessarily more than
once a year. In those instances where a unit is inspected for a reason
other than the annual inspection, either by reason of a change in
occupancy or a New Jersey DCA inspection within the twelve-month period,
the inspection shall count as an annual inspection. The complex owner
shall provide notice of the inspection and results.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of the rental properties, rental units
and rooming/boarding houses, in order that they may promote the purpose
of this section to safeguard the health, safety and welfare of the
occupants of rental properties, rental units, and rooming/boarding
houses, and of the general public. For the purpose of making such
inspections, the inspecting officers are hereby authorized to enter,
examine and survey rental properties, rental units and rooming/boarding
houses at all reasonable times. The owner or occupant of every rental
property, rental unit and rooming/boarding house shall give the inspecting
officer free access to the rental property, rental unit and rooming/boarding
house, at all reasonable times, for the purpose of such inspections,
examinations and surveys.
B.
Every occupant shall give the owner of the rental property, rental
unit and rooming/boarding house access to any part of such rental
property, rental unit and rooming/boarding house, at all reasonable
times, for the purpose of making such repairs or alterations, as are
necessary to effect compliance with the provisions of this section,
or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this section, an inspecting officer shall conduct an
inspection, as hereinbefore provided.
A certificate of rental housing and property maintenance compliance
is required in the Township of Gloucester every time a residential
rental unit changes tenants, users or occupants. A certificate of
rental housing and property maintenance compliance shall be issued
by the compliance official of the Division of Rental Housing and Property
Maintenance Compliance or his/her designee annually and following
registration and inspections. A certificate of rental housing and
property maintenance compliance shall not be issued until an inspection
is completed by the Township of Gloucester, and a "pass" inspection
is signed by a compliance official and filed with the Division of
Rental Housing and Property Maintenance Compliance. The certificate
of compliance shall contain the name of the tenant, occupant and each
family member.
A.
Prohibitions on occupancy. No person shall hereafter occupy any rental
unit, nor shall the owner permit occupancy of any rental unit within
the Township of Gloucester which is not registered and to which a
certificate of compliance has not been issued in accordance with this
chapter.
B.
Certification. Upon the filing of a completed registration form and
payment of the prescribed fee and a satisfactory inspection, the owner
shall be entitled to the issuance of a certificate of compliance commencing
on the date of issuance and expiring on the same day of the next calendar
year. A registration form shall be required for each rental unit,
and a certificate of compliance shall issue to the owner for each
rental unit, even if more than one rental unit is contained in the
property. The owner shall post a copy of the certificate of compliance
in each rental unit.
At the time of the filing of the registration form and prior
to the issuance of a certificate of compliance, the owner or agent
must pay a fee in accordance with the following:
A.
An annual registration and inspection fee of $25 per unit for single-unit
building and multi-unit buildings of three or fewer units.
B.
An annual registration and inspection fee of $15 per unit plus a
building inspection fee of $125 per building for apartment complex
multi-unit buildings of four or more units. Apartment complex multi-unit
buildings of 50 or more units shall have an annual registration and
inspection fee at a flat rate of $2,500, plus the fee of $125 per
building inspection.
C.
A reinspection fee of $50 per unit.
A.
Nuisance prohibited. No rental unit or property shall be conducted
in a manner which shall result in any unreasonable disturbance or
disruption to the surrounding properties and property owners or of
the public in general, such that it shall constitute nuisance, as
defined in any ordinance of the Township of Gloucester.
B.
Compliance with other laws. The maintenance of all rental units and
properties, and the conduct engaged in upon the rental unit and property
by occupants and their guests, shall at all times be in full compliance
with all applicable ordinances and regulations of the Township of
Gloucester, and with all applicable state or federal laws.
C.
Penalties. Any landlord, tenant, or other person, violating the provisions
of this chapter shall be subject to the penalty provisions of this
section.
D.
Any violation of Subsections C, D above, resulting, in three or more code enforcement or police emergency response calls within a thirty-day period or 12 or more calls within a ninety-day period may result in the tenant, landlord or owner being subject to the penalty provisions of this chapter. It shall be an affirmative defense that the landlord or owner has taken appropriate action, and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s), or guests for recovery of the premises, eviction of the tenant(s) or otherwise.
A.
Grounds. In addition to any other penalty prescribed herein, a landlord
or owner may be subject to the revocation or suspension of the certificate
of compliance issued hereunder upon the happening of one or more of
the following:
(1)
Conviction of a violation of any section of this chapter in the Municipal
Court of the Township of Gloucester or any other court of competent
jurisdiction.
(2)
Determination of a violation of this chapter at a hearing held pursuant
to this chapter or if a conviction of the owner is found by the Municipal
Court or any other court of competent jurisdiction.
(3)
Continuously renting the unit or units to a tenant or tenants convicted
of a violation of Section B Subsections b, c and d above.
(4)
Permitting the rental unit to be occupied for more than 30 days by
more than the maximum number of occupants, as defined in this chapter.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a certificate
of compliance may be filed by any one or more of the following: Chief
of Police, Construction Code Official, the Zoning Enforcement Officer,
Rental Housing Inspector, or any other persons or office authorized
to file such complaint. Such complaint shall be in writing and filed
with the Township Clerk. The complaint shall be specific, and shall
be sufficient to apprise the landlord or owner of the charges, so
as to permit the landlord or owner to present a defense. The individual(s)
filing the complaint may do so on the basis of information and belief
and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Compliance Officer
of the Division of Rental Housing and Property Maintenance Compliance,
or designee, shall immediately inform the Township Clerk, and a date
for a hearing shall be scheduled, which shall not be sooner than 10
nor more than 30 days thereafter. The Compliance Officer or designee
shall forward a copy of the complaint and a notice, as to the date
of the hearing, to the landlord or owner or the agent, if any, at
the address indicated on the registration form. Service upon the agent
shall be sufficient.
(3)
The hearing required by this subsection shall be held before the
hearing officer, who shall be appointed by the Township of Gloucester.
Such hearing officer shall transmit his findings of fact and conclusions
of law to the Compliance Officer within 30 days of the conclusion
of the hearing. Following the hearing, a decision shall be rendered
dismissing the complaint, citing the owner for hearing before the
Municipal Court or other court of competent jurisdiction directing
the issued certificate of compliance is revoked.
(4)
All witnesses shall be sworn prior to testifying. The strict rules
of evidence shall not apply, and the evidential rule and burden of
proof shall be that which generally controls administrative hearings.
(5)
The Compliance Officer or his designee shall appear and prosecute
all hearings before the Municipal Court of Gloucester Township pursuant
to this section.
C.
Defenses. It shall be an affirmative defense to any proceeding for
the revocation, suspension or other disciplinary action involving
a rental unit by demonstrating that the landlord or owner has taken
appropriate action, and has made a good faith effort to abate the
conditions or circumstances giving rise to the revocation proceeding,
including but not limited to the institution of legal action against
the tenant(s), occupant(s), or guests for recovery of the premises,
eviction of the tenant(s) or otherwise.
The Division of Rental Housing and Property Maintenance Compliance
shall conduct an annual review of the residential inspection program
and shall provide a report of the effectiveness of the program to
the Mayor and Township Council.
Issuance of a certificate of compliance shall not constitute
a guarantee or warranty of the habitability or complete compliance
with the Township housing and property maintenance standards, and
the occupant of any residential rental unit shall not rely on the
certificate of compliance as such a guarantee or warranty. The certificate
of compliance shall contain a notice to this effect. Neither the Township
of Gloucester nor the Division of Rental Housing and Property Maintenance
Compliance shall assume any liability to any person by reason of the
inspections required by this chapter or the issuance of a certificate
of compliance. Certificates of compliance shall expire on the expiration
date shown on the certificate and shall be renewed prior to such date.
Within the Division of Rental Property Maintenance Compliance, or as may be designated, there shall be the responsibility for the enforcement and administration of Chapter 68, Rent Stabilization, and Chapter 68A, Rent Stabilization for Manufactured Home Parks, of the Code of the Township of Gloucester.
The certificate of compliance shall remain valid for a term
of 12 months following issuance. The certificate is not transferrable.
A.
Failure to obtain. Failure to obtain a certificate of compliance
by a landlord or owner may result in violation(s) and/or penalties
of amounts not to exceed $2,000 or imprisonment not to exceed 30 days,
or both, upon conviction thereof in the Gloucester Township Municipal
Court. Whenever a landlord or owner has been officially notified by
the Township or by service of a summons in a prosecution, or in any
other official manner, that a violation exists, then each day after
the violation is continued shall constitute a separate offense and
shall be punishable by like fine and penalty.
B.
Failure to maintain. Failure to maintain the conditions set forth
by the Gloucester Rental Housing and Property Maintenance Compliance
Code by a landlord or owner may result in violations(s) and/or penalties
of amounts not to exceed $1,000 or imprisonment not to exceed 30 days,
or both, upon conviction thereof in the Gloucester Township Municipal
Court. Whenever a landlord or owner has been officially noticed by
the Township or by service of a summons in a prosecution, or in any
other official manner, that a violation exists, then each day after
the violation is continued shall constitute a separate offense and
shall be punishable by like fine and penalty.
C.
Failure to abide. Failure of a landlord or owner to abide by any
order given by the Compliance Official in the enforcement of the Rental
Housing and Property Maintenance Compliance Code may result in violations(s)
and/or penalties not to exceed $2,000 or imprisonment not to exceed
30 days, or both, upon conviction thereof in the Gloucester Township
Municipal Court. Whenever a landlord or owner has been officially
noticed by the Township or by service of a summons in a prosecution,
or in any other official manner that a violation exist, then each
day after the violation is continued shall constitute a separate offense
to which a violation notice shall be issued and shall be punishable
by like fine and penalty.
