[Added 4-13-2023 by Ord. No. 23-07]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent," where applicable.
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.
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.
An individual, firm, corporation, partnership, association,
trust or other entity or any combination thereof.
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.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
Occupancy of a dwelling unit by one or more tenants.
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.
A.
Each rental unit shall be inspected upon change of occupancy and
a new license obtained. Inspections will be carried out within three
working days of notice by the landlord or his agent, or as soon thereafter
as practicable based upon the Borough of Garwood's workforce
availability.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough, and inspections made
by persons or an agency other than the duly authorized and appointed
person or agency of the Borough shall not be used as a valid substitute.
C.
Such inspections shall be for the purpose of determining Zoning Code[1] compliance and, to the extent applicable, determining
if the property complies with the Property Maintenance Code,[2] 2015 International Property Maintenance Code and its successor
documents, as published by the International Code Council (ICC), and
Uniform Fire Safety Act.[3]
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be licensed, 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 licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days, and if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 67-47.
A.
The Inspection Officers are hereby authorized to make inspections
to determine the condition of the applicable dwelling units in order
that they may promote the purposes of this article to safeguard the
health, safety and welfare of the occupants and of the general public.
For the purpose of making such inspections, the Inspecting Officers
are hereby authorized to enter, examine and survey the rental units
at all reasonable times. The owner and occupant of every rental unit
shall give the Inspecting Officers free access to the rental unit
at all reasonable times for the purpose of such inspections, examinations
and surveys.
B.
Every occupant shall give the owner of the rental unit access to
any part of such rental unit 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 a lawful order issued pursuant
thereto.
C.
Complaints. Within 10 business days of receipt of a complaint alleging
a reported violation of this article, an Inspecting Officer shall
conduct an inspection as hereinbefore provided.
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.
A.
Every owner shall provide each tenant occupying a rental unit with
a copy of the registration form and license granted as required for
that unit by this article upon a change of tenancy. This provision
may be complied with by posting a copy of the registration certificate
in a conspicuous place within the rental unit(s).
B.
Every owner shall conspicuously post the following information in at least one common area, lobby, or publicly accessible location within a multiple dwelling and keep the same updated in similar accordance with the provisions of § 67-35:
(1)
The name of the multiple dwelling along with the property address
of the same;
(2)
The name, address, and daytime phone number of the owner of record;
(3)
The name, address and daytime phone number of the management agent
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;
(4)
The name, address (including the dwelling unit number) and phone
number of the on-site superintendent, janitor, custodian and/or other
individual employed by the owner or agent to provide regular maintenance
service, if any;
(5)
The name, address and emergency telephone number of an individual
or individuals representative of the owner or agent who may be reached
or contacted on any day, at any time, day or night, 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.
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[1] and its successor documents, as published by the International
Code Council (ICC).
A.
Except as provided in Subsection B of this subsection, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions 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 once accident or occurrence [N.J.S.A. 40A:10A-1(a)].
B.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence [N.J.S.A. 40A:10A-1(b)].
A.
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner occupied, shall annually register the certificate of insurance demonstrating compliance with § 67-45 with the Borough Administrator [N.J.S.A. 40A:10A-2(a)].
B.
A fee of $25 will be paid alongside the certificate of insurance
to the Borough Administrator [N.J.S.A. 40A:10A-2(b)].
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.
