Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this chapter,
shall have the following meaning:
AGENT
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as these terms are defined by N.J.S.A. 45:15-3; however, such term
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
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designated with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment shall be designated
for residence, for office or the operation of any industry or business
or for any type of independent use.
LICENSE
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" where applicable.
OWNER
Any person for group of persons, firm, corporation, or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rented facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal 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 apartments, apartment complexes, single-family homes,
multiple units within a single residential building, rooming houses
or group homes.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes or individual rooms available for lease within a residential
building.
SHORT-TERM RENTAL OWNER
An individual or group of individuals or legal entity owning
residential real property which contains a short-term rental unit.
The residential real property which contains the short-term rental
unit must be the primary residence of the owner of the real property,
or, if it is owned by a legal entity, it must be the primary residence
of at least one of the owners of the legal entity.
[Added 10-13-2021 by Ord.
No. 19-2021]
SHORT-TERM RENTAL UNIT
A residential dwelling unit which is made available for a
tenancy by a short-term rental owner for no more than 30 days within
a period of 365 days.
[Added 10-13-2021 by Ord.
No. 19-2021]
All rental units shall hereinafter be registered
with the Township Clerk or designee of the Township of Washington
or such other person as designated by the Township Council on forms
which shall be provided for that purpose and which shall be obtained
from the Township Clerk or designee. Such registration shall occur
on an annual basis as provided herein.
Each rental unit shall be registered with each
change in occupancy. The license term shall commence on September
1 and shall be valid until August 31 of the following calendar year,
at which time it shall expire and a new registration shall be required.
The initial registration shall occur within 45 days following the
adoption of this chapter. 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 licensed in accordance
with this chapter. No rental unit shall hereafter be rented unless
the rental unit is registered and licensed in accordance with this
chapter.
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 licensed as provided herein. Every owner shall file with the Township
Clerk or designee of the Township of Washington or other such person
as designated by the Township Council a registration form for each
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 the 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 individuals 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 said corporation shall
be provided, together with the telephone numbers for each of such
individuals indicating where such individuals may be reached both
during the day and evening hours. All registration addresses shall
be physical addresses; post office boxes alone are insufficient.
B. If the address of any record owner is not located
in New Jersey, the name and address of a person residing or who has
a principle office in New Jersey 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 of 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 therewith.
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. A classification of the rental unit type using the
following abbreviations:
|
SFD
|
(Single-family detached)
|
|
SFA
|
(Single-family attached)
|
|
DPL
|
(Duplex - 2 units)
|
|
TPL
|
(Triplex - 3 units)
|
|
QD
|
(Quad - 4 units)
|
|
CPL
|
(Complex - five or more units)
|
|
RH
|
(Rooming house)
|
|
CM
|
(Commercial - unit is located in a commercial
business structure)
|
I. As to each rental unit, the following suffix classifications
in addition to the above rental unit type classifications:
|
O
|
(Location has one or more units occupied by
the owner)
|
|
A
|
(Tenancy is restricted by age or disability)
|
|
S
|
(Rent is subsidized)
|
|
C
|
(Unit is located in a structure that has been
converted from a nonrental property to a rental property)
|
|
Z
|
(Other)
|
J. Whether or not the landlord has conducted a tenant
screening for each new tenant and authorized adult household member.
K. Such other information as may be prescribed by the
Township.
The Township Clerk or designee shall index and
file the registration forms. In doing same the Township Clerk 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. 46:8-28 to the extent that
it applies to the property being registered and will also satisfy
the registration requirements of this chapter.
Every person required to file a registration
form pursuant to this chapter shall file an amended registration form
within 20 days after any changes 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.
No person shall hereafter occupy any rental
unit nor shall the owner permit occupancy of any rental unit within
the Township of Washington which is not registered and licensed in
accordance with this chapter.
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 license, indicating the applicable classification designations provided in §
185-5H and
I commencing on the date of the issuance and expiring on the same date of the next calendar year. A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the registration form required
by this chapter as well as the Truth in Renting Handbook published
by the New Jersey Department of Community Affairs. This particular
provision shall not apply to any hotel, motel or guest house registered
with the State of New Jersey pursuant to the Hotel and Multiple Dwelling
Act as defined in N.J.S.A. 55:31A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
No rental unit may be registered and no license
shall issue for any property containing a rental unit unless all municipa1
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 Uniform Construction Code and with Chapter
179, Property Maintenance.
A. At the time of the filing of the registration requirement set forth
in this chapter, including registration due to change in occupancy,
the owner shall present to the Construction Official notice of the
last tenant turnover date, as well as a valid lead-based paint evaluation
report prepared by a certified lead evaluation contractor as defined
in P.L. 2021, c. 182. Should the owner fail to provide such a report within
30 days of filing, the Township shall have said inspection performed
with the Township's cost for same to be assessed against the
landlord's rental property as a municipal lien.
B. Should the evaluation report identify lead-based hazards, then the
owner shall remediate the hazards through abatement or lead-based
hazard control mechanisms. The remediation shall be confirmed through
a subsequent lead-based hazard inspection. The identification of a
lead-based hazard will result in the Township, or the inspector retained
to conduct such inspections, providing notification of same to the
Commissioner of Community Affairs.
C. No residential rental unit shall be occupie§ 1. d until a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in P.L. 2021, c. 182 is provided or obtained by the Township pursuant to Subsection
A above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Township pursuant to Subsection
B above.
D. The provisions of this section do not apply to properties exempt
under P.L. 2021, c. 182, specifically properties that:
(1) Have been certified to be free of lead-based paint.
(2) Were constructed during or after 1978.
(3) Are located 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," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
(4) Are 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.
(5) Have a valid lead-safe certification issued in accordance with P.L.
2021, c. 182.
[Added 9-27-2023 by Ord.
No. 18-2023]
A. At the time of the filing of the registration requirement set forth
in this chapter, including registration due to change in occupancy,
the owner shall present to the Construction Official notice of the
last tenant turnover date, as well as a valid lead-based paint evaluation
report prepared by a certified lead evaluation contractor as defined
in P.L. 2021, c. 182. Should the owner fail to provide such a report within
30 days of filing, the Township shall have said inspection performed
with the Township's cost for same to be assessed against the
landlord's rental property as a municipal lien.
B. Should the evaluation report identify lead-based hazards, then the
owner shall remediate the hazards through abatement or lead-based
hazard control mechanisms. The remediation shall be confirmed through
a subsequent lead-based hazard inspection. The identification of a
lead-based hazard will result in the Township, or the inspector retained
to conduct such inspections, providing notification of same to the
Commissioner of Community Affairs.
C. No residential rental unit shall be occupie§ 1. d until a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in P.L. 2021, c. 182 is provided or obtained by the Township pursuant to Subsection
A above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Township pursuant to Subsection
B above.
D. The provisions of this section do not apply to properties exempt
under P.L. 2021, c. 182, specifically properties that:
(1)
Have been certified to be free of lead-based paint.
(2)
Were constructed during or after 1978.
(3)
Are located 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," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
(4)
Are 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.
(5)
Have a valid lead-safe certification issued in accordance with
P.L. 2021, c. 182.
[Added 10-13-2021 by Ord.
No. 19-2021]
A. Licensing, registration, inspection and all other requirements, prohibitions,
and provisions of this chapter shall apply to the rental of short-term
rental units and the short-term rental owners.
B. In addition to the requirements, prohibitions, and restrictions set
forth in this chapter, short-term rental units shall comply with each
of the following regulations:
(1)
The person offering a dwelling unit for rent as a short-term
rental unit shall be the owner of the dwelling unit. The rental unit
containing the short-term rental shall be the primary residence of
the owner.
(2)
Advertisements for the availability of short-term rental units
shall not contain any language that is inconsistent with the requirements
and prohibitions set forth in this chapter.
(3)
A short-term rental unit shall be limited to a maximum period
of 30 days within a period of 365 days. A short-term rental owner
shall be limited to one tenancy of a short-term rental unit at any
one time.
(4)
No tenancy of a short-term rental unit shall be permitted if
such tenancy causes the rental unit to violate the Township's residential
occupancy requirements.
(5)
No accessory buildings on a property may be used for a short-term
rental unit.
(6)
Short-term rentals shall not be conducted in a manner that is
disruptive or adverse to the safety, well being and quiet enjoyment
of the Township's residents and visitors.
(7)
Short-term rentals shall not be permitted for the purpose of
hosting commercial, business, or fee-for-admission events.
(8)
Short-term rental units shall not be rented to any person younger
than 21 years of age.
(9)
Signs or any other type of advertisements indicating a dwelling
unit is available for occupancy as a short-term rental unit shall
not be placed on the property where the short-term rental unit is
located.
(10)
Any short-term rental owner shall be responsible for providing
on-site parking for any tenant of the short-term rental unit consistent
with the Township Code.
(11)
Any short-term rental shall comply with all other laws and regulations
of the State of New Jersey.
(12)
Any short-term renter shall also be subject to fines and violations
of this chapter and for violations of Township Code.
Any person who violates any provision of this
chapter shall, upon conviction in the Municipal Court of the Township
of Washington or other such court having jurisdiction, be liable to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
30 days, or both. Each day that a violation occurs shall be deemed
a separate and distinct violation subject to the penalty provisions
of this chapter.
If any section, subsection, paragraph, sentence
or other part of this chapter is adjudged unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its effect to the section,
subsection, paragraph, sentence or other part of this chapter directly
involved in the controversy in which said judgment shall have been
rendered, and all other provisions of this chapter shall remain in
full force and effect.
The ordinance shall take effect immediately
upon final adoption and publication in the manner prescribed by law.