[HISTORY: Adopted by the Township Committee of the Township
of Stillwater 2-21-2023 by Ord. No. 2023-03. Amendments noted
where applicable.]
A.
The purpose of this chapter is to protect the health, safety and
welfare of persons renting dwelling units located within the Township
of Stillwater by requiring mandatory registration with the Township
Clerk's Office.
B.
Registration. Approval of a license requires satisfactory completion
of the rental unit registration form provided by the Township Clerk's
Office, along with proof a current certificate of habitability, current
state-mandated liability insurance coverage, and current lead-safe
certificates (where required by law) for each dwelling unit. "Dwelling
unit" as used in this chapter means a structure, or a room or group
of rooms within a structure, used or intended for use, in whole or
in part, for residential purposes.
A.
All businesses or persons who own, possess, or control any business
or private residence that offers one or more dwelling units for rent
located within the Township of Stillwater shall annually register
each and every such dwelling unit or units with the Township Clerk
on the required rental unit registration form provided by the Township
Clerk's Office. The registration and license approval process
must be completed with the Township Clerk's Office by no later
than June 30, 2023, and, for each calendar year after 2023, by no
later than January 31 of that year. The annual fee for registering
rental dwelling units shall be $25 per unit per year. Any new dwelling
unit to be offered for rent must be registered and approved before
they are offered for rent and the fee shall remain $25 per unit per
calendar year irrespective of the time of year registered.
B.
At the time of registration, proof must be provided of a current certificate of habitability covering all rental dwelling units consistent with § 134-6 of this Code. That section of this Code requires that, at the time of initial occupancy or a change of occupancy of any dwelling unit, the owner of the same shall make application to the Township Building Department for a certificate of habitability for that dwelling unit. The Township Construction Official shall conduct an inspection for the sole purpose of determining whether or not the dwelling unit complies with N.J.S.A. 52:27D-133.3 and N.J.S.A. 52:27D-198.1. The dwelling unit must be equipped with at least one carbon monoxide sensor device, or the Construction Official shall determine that there is no potential carbon monoxide hazard in the dwelling unit. The Construction Official shall also require, in accordance with the aforesaid statutes, a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area. A battery-operated, smoke-sensitive alarm device shall be accepted as meeting the requirements. In addition, each such dwelling unit shall have an acceptable portable fire extinguisher. The inspection and reinspection fees for a certificate of habitability shall be $50 ($40 for reinspection) per unit.
C.
At the time of registration, proof must be provided of current liability
insurance covering each rental dwelling unit for negligent acts or
omissions in an amount of no less than $500,000 for combined property
damage or bodily injury or death of one or more persons in any one
accident or occurrence. (For multifamily homes with four or less dwelling
units, one of which is owner-occupied, the $500,000 coverage minimum
is lowered to $300,000 in accordance with state law.) The coverage
minimums set forth herein are intended to be consistent with current
state law requirements and if the state minimums increase in future
years, the Township shall require compliance with those new minimum
coverage requirements.
D.
At the time of registration, a current lead-safe certificate must
be provided for each rental dwelling unit. Thereafter, a new lead-safe
certification must be provided the earlier of every three years or
upon tenant turnover. The lead-safe certificate can be obtained by
way of visual inspection performed by the Township Building Department
at a cost of $25 ($25 for reinspection) or the property owner can
directly hire a New Jersey DCA Certified Lead Evaluation contractor
to provide the required inspection services. If deteriorated paint
is found during the course of a visual assessment, the owner of the
dwelling unit must remediate the perceived lead hazard or may elect
to order a dust wipe inspection to confirm or refute the presence
of lead-based paint. The owner of the dwelling unit shall be responsible
for remediation of any perceived or actual lead-based paint hazard
observed or confirmed during the inspection process. Remediation must
be conducted consistent with state law requirements and a lead-safe
certificate must be provided to the Township Clerk before the dwelling
unit can be offered for rent.
E.
All rental dwelling units located in any residential setting which are regulated, registered, or otherwise subject to the jurisdiction of the New Jersey Department of Community Affairs Bureau of Housing Inspections are exempt from the liability insurance and lead-based paint requirements of Subsections C and D above. In addition, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall remain subject to the certificate of habitability and liability insurance requirements of Subsections B and C above, but shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit in Subsection D above where the dwelling unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law;[1]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification. Lead-safe certifications are
valid for two years from the date of issuance pursuant to N.J.A.C.
5:28A-2.4.
F.
There shall be a late fee of $50 per dwelling unit that is not timely
registered before June 30, 2023 and, for each year thereafter, before
January 31 of that year. New units first offered for rent after the
above deadlines must be registered and must submit the required proof
of liability insurance, certificate of habitability and Lead-Free
Certification (if applicable) before the unit can be rented. The Township
Clerk's Office has discretion to offer a thirty-day grace period
to allow full compliance with the registration requirements where
the business or person registering has no history of late registrations
or failure to register dwelling units covered by this chapter.
G.
All registrants who successfully meet the requirements of Subsections A through F above shall be issued a license to operate by the Township Clerk's Office for the calendar year at issue. Said license to operate may be withheld or revoked based on violations of this chapter, violations of other applicable Township ordinances or state law, or delinquent payment of property taxes or assessment due on the property where the dwelling units for rent are located for at least three consecutive quarters (See § 248-2, Revocation of license).
H.
The Township Clerk's Office shall, for each calendar year commencing
in 2023, maintain a list of all businesses and persons who register
dwelling units for rent and receive a Township license to rent dwelling
units within the Township of Stillwater.
