As used in this article, the following terms shall have the
meanings indicated:
AGENT
The individual or individuals designated by the owner as
the person or persons 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
terms 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 COMPLEX
A building or group of buildings constituting a multiple
dwelling, as defined by the State of New Jersey, containing three
or more dwelling units or apartments, which are located within close
proximity of each other and are owned by the same owner.
APARTMENT or DWELLING UNIT
Any cottage, home, apartment, bungalow, room or group of
rooms occupying all or part of a floor or floors in a building, with
or without housekeeping facilities for dwelling purposes.
LICENSE
The license issued by the Borough Administrator or designee
of the Borough of Garwood attesting that the rental unit has been
properly registered in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent," where applicable.
MULTIPLE DWELLING
Any building of one or more stories in which two or more
dwelling units are occupied or are intended to be occupied by two
or more persons who live independently of each other.
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 entity or any combination thereof.
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 within its definition the terms "apartments" and "apartment
complexes," where applicable.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
TENANCY
Occupancy of a dwelling unit by one or more tenants.
TENANT
The occupant of a dwelling unit other than the owner.
Multiple dwellings classified as apartment buildings or complexes
with one or more dwelling units shall hereafter be registered with
the Borough Administrator or designee of the Borough of Garwood, or
such other person as designated by the governing body on forms which
shall be obtained from the Borough Administrator or designee. Upon
registering, each unit shall be issued a license. After the initial
registration, a new license will be required upon the change of tenant
occupancy.
Each rental unit shall be licensed with each change of occupancy.
The initial registration shall occur within 90 days following the
adoption of this article on April 13, 2023. Any lease which was executed
prior to the adoption of this article shall not be affected, but the
rental unit must nevertheless be registered and licensed in accordance
with this article. No rental unit shall hereafter be rented unless
the rental unit is registered, inspected and licensed in accordance
with this article.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all required residential units as described herein
shall be registered and licensed in the manner prescribed by the Borough
of Garwood. Every owner shall file with the Borough Administrator
or designee of the Borough of Garwood, or such other person as designated
by the governing body, a registration form for each dwelling 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 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. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of the corporation 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 address of any record owner is not located in Garwood or in
Union County, then the name and address of a person who resides in
Union 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.
C. The name and address of the agent of the premises, if any.
D. 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.
E. The name, address and telephone number of an individual representative
of 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 future 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 herewith.
F. The name and address of every holder of a recorded mortgage on the
premises.
G. 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.
H. As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirements
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 Borough Administrator or designee.
I. The number of tenants who occupy the rental unit and the number of
tenants under the age of 18, the number of adults over 18 and children
under two years of age, and a list of tenant's names.
J. Such other information as may be prescribed by the Borough.
The Borough Administrator or designee shall index and file the
registration forms. In doing so, the Borough Administrator 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. 46:8-8 to the extent that
it applies to the property being registered and will also satisfy
the registration requirements of this article.
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 pursuant to §
67-33 of this article. No fee shall be required for the filing of an amendment except where the tenancy of a dwelling unit is changed.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough which
is not registered and licensed in accordance with this article.
Upon the filing of a completed licensing form, payment of the
prescribed fee and inspection, the owner shall be entitled to the
issuance of a license commencing on the date of the issuance. A licensing
form shall be required for each change in occupancy in each rental
unit, and a license shall issue to the owner for each rental unit.
At the time of the filing of the registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
A. An initial registration fee of $150 per dwelling unit.
B. Upon change of occupancy, a fee of $125.
C. If there is a violation and a reinspection fee is required, a fee
of $100.
D. If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining units, who would
otherwise qualify under the State of New Jersey for a property tax
deduction under N.J.S.A. 54:4-8.41, there shall be no fee for that
unit.
The maximum number of occupants shall be posted in each rental
unit.
No rental unit may be registered and no license 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.
All dwelling units shall be maintained in accordance with the
2015 International Property Maintenance Code and its successor documents, as published by the International
Code Council (ICC).
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Borough of Garwood or
such other court having jurisdiction, be liable to a fine not exceeding
$1,000. Each day that a violation occurs shall be deemed a separate
and distinct violation subject to the penalty provisions of this article.
This article shall be enforced by the Borough Administrator
or designee of the Borough of Garwood, the Police Department, or such
other person as designated by the governing body.