[HISTORY: Adopted by the Township Council of the Township
of Manchester 3-25-2024 by Ord. No. 24-13. Amendments noted where
applicable.]
The Property Maintenance Code of the Township of Manchester, as established by Chapter 313 of the Township Code, shall serve as the existing structures code of the Township of Manchester.
A.
The owner of any residential building, structure, or unit thereof
which is subject to the Property Maintenance Code and which is rented
and/or is intended for rental shall, prior to each initial occupancy
of the same or upon the vacating of the same and prior to reoccupancy
of such building, structure or unit thereof, apply to the Department
of Inspections, Land Use and Planning, in writing, for a rental certificate
of occupancy and shall obtain a rental certificate of occupancy prior
to occupying or reoccupying the property. The application shall require
the owner of the property to provide the square-footage dimensions
of each bedroom, living room area, kitchen area, and bathroom area,
and the name and number of all tenants.
B.
If an owner applies for an occupancy certificate prior to the selection
of a tenant for said rental unit, an inspection may be performed,
and, when appropriate, a certificate of occupancy shall be issued,
to remain valid for 60 calendar days for the unoccupied unit(s). The
owner shall, within 10 calendar days of selecting a tenant, register
the occupant(s) with the Township. If the seventy-calendar-day period
has expired from the issuance of the certificate of occupancy and
the tenant information has not been submitted to the Township, then
said certificate shall be invalid, and the rental unit cannot be rented
until a new inspection has been paid for and passed by the Township.
C.
Applications for said rental occupancy shall be in accordance with § 179-12B(1), Rental for certain time periods prohibited.
After the receipt of said application by the Administrative
Housing Official, the building or structure or unit thereof shall
be inspected by a Code Official and/or representative of the Building
Department. Upon making such inspection and determining that the Property
Maintenance Code has been complied with, the Building Department shall
issue a certificate indicating the date and the fact that such buildings
or structures or units thereof are in compliance with the code. The
certificate issued pursuant to this section shall be posted by the
owner in a conspicuous place inside the licensed premises and within
five linear feet of the main entrance door. The certificate shall
establish the occupancy limits of the property. It shall be a violation
of this code for any person, except for an authorized officer or employee
of the Township of Manchester, to remove a posted certificate during
the period it is in effect and shall subject the property to be immediately
vacated in the judgment of the Code Official and/or the owner or occupant
to be fined as set forth herein. Each certificate shall contain the
following warning:
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"WARNING OCCUPANCY LIMITATION"
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The maximum permitted occupancy of this dwelling unit is _____.
The occupancy limit will be strictly enforced. No warnings will be
given. Each tenant of the dwelling unit at the time of the violation
of the occupancy limit shall be issued a summons for overcrowding.
Only those occupants whose names are on file with the Township as
required in this chapter, may reside within the registered premises.
It shall be a further violation of this code for any person to occupy
or use any premises if a required certificate has not been issued.
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The owner of the inspected property shall be responsible for
the correction of violations of the code as indicated in a written
notification by the Code Official or his/her representative to the
owner.
Upon correction of the violations, the owner of the inspected
property shall notify, in writing, the Code Official in order that
a reinspection for the purpose of requiring correction of the earlier
violations may be made. This procedure shall be followed and repeated
until all violations have been corrected.
A.
The owner of the inspected property shall be charged a fee for the initial inspection for each separate leased or rented unit inspected for the aforesaid purpose. The fees associated with and for obtaining a certificate of occupancy shall be in accordance with § 179-10.
B.
The aforesaid fee shall be paid to the Administrative Housing Official
prior to the aforesaid inspection or reinspection(s).
At any time that an official or employee of the Township of
Manchester, including but not limited to the Construction Official,
Code Enforcement Officer, Construction Inspector or Police Officer
of the Township of Manchester has reason to believe that any rental
unit is in violation of the provisions of this chapter, the landlord
and/or tenants may be issued a summons for violation of the provisions
of this chapter.
In any case where a provision of the code is found to be in
conflict with a provision of any zoning, construction, fire, safety
or health ordinance or code of the municipality, the provision which
establishes the higher standard for the promotion and protection of
the safety and health of the people shall prevail. In any case where
a provision of the code is found to be in conflict with a provision
of any other ordinance or code of the municipality which establishes
protection of the safety and health of the people, the provisions
of the code shall prevail.
A.
No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of Chapter 313, Property Maintenance, as established and amended hereby and as may be amended from time to time hereafter, as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
B.
No agent of an owner, real estate broker, firm, company, partnership,
corporation or person shall rent, re-rent, lease, re-lease, sell,
resell or suffer to allow any person or persons to live in or occupy
as a tenant or otherwise any multiple dwelling unit, manufactured/mobile
home and/or single-family residence or dwelling where there shall
be a change of occupancy, unless a certificate of occupancy certifying
that said manufactured/mobile dwelling unit or apartment and/or single-family
residence or dwelling is fit for human habitation and that said multiple
dwelling unit or apartment and/or single-family residence or dwelling
is in compliance with all other ordinances of the Township shall first
be obtained from the Building Department. Such a certificate of occupancy
shall be granted or denied within 10 days from the date of the application
for same.
All landlords shall comply with Chapter 242 of the Township Code entitled "Landlord Registration" within the Township of Manchester and shall file a landlord registration statement on a form promulgated by the Township with the Department of Inspections, Land Use and Planning for each rental property. Landlord registrations are to be filed for each rental unit. The registration fee shall be $100 for each rental property, which shall be paid annually.
Per New Jersey's Lead Safe Certificate Law (P.L. 2021,
C. 182), any rental unit constructed prior to 1978 requires an inspection
to check for deteriorated paint, debris, dust or residue. Each rental
unit must receive a lead-safe certificate upon each rental turnover
(change of tenancy) or every three years, whichever comes first. A
lead-safe certificate is valid for two years and if the change in
tenancy occurs prior to the expiration of the certificate an inspection
is not required. The initial inspection for all rental units must
take place before July 31, 2024. If a lead paint inspection fails,
the owner/landlord must remediate the issues noted in the inspection
report within 30 days.
A.
Pursuant to New Jersey P.L. 2022, c.92, 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
one accident or occurrence.
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.
C.
The owner of a rental unit or units shall annually register the certificate
of insurance demonstrating compliance with P.L. 2022, c.92 and this
chapter with the Department of Inspections, Land Use and Planning.
D.
An annual administrative fee of $100 shall apply to the filing of
the certificate of registration required pursuant to P.L. 2022, c.
92 and this chapter.
The lease or rental, for any purpose and for any period of time,
of any amenity, feature, or accessory that is appurtenant to or associated
with any rental unit, dwelling or residential structure is prohibited.
"Amenity, feature, or accessory" shall include, but is not limited
to, swimming pools, pool cabanas, accessory structures, hot tubs,
decks, patios, yards, and the like.
