[HISTORY: Adopted by the Township Committee of the Township of Eagleswood 7-26-2021 by Ord. No. 2021-06;[1] amended in its entirety 7-22-2024 by Ord. No. 2024-07. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 164 but was redesignated as Ch. 207 3-28-2022 by Ord. No. 2022-04 to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
AGENT or MANAGER
An 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 salesperson of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesperson of the State of New Jersey if such a person designated by the owner as his agent is so licensed.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting of one or more rooms for dwelling purposes which occupy all or part of a floor in a building of one or more floors or stories, but not the entire building, whether designated with or without housekeeping facilities and notwithstanding whether the apartment is designated for residential use or the operation of any industry or business or any other type of independent use.
BUILDING
Any building or structure or part thereof used for human habitation, use or inspection, and includes any accessory buildings and appurtenances belonging thereto or usually enjoined herewith.
COMMERICAL PROPERTY
Any establishment required to obtain a mercantile license pursuant to Chapter 165 of the Township Code.
DWELLING UNIT
Any room or rooms, suite or a part thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designated to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any other servants, agents, or employees. This definition applies only to those dwelling units, including single-family residences, which are available for lease or rental purposes.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used or designated to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
LODGING UNIT
A room or group of rooms containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
MANAGER
See the definition of "agent or manager."
OWNER
The person who owns, purports to own or exercises control over any building.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereof.
RENTAL UNIT
Includes the term "apartment" or "dwelling," "building," "dwelling unit," "habitable room" or "lodging unit" as defined by this chapter. This definition shall not apply to any single-family home which is not available for rental purposes.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated in the beds and other sleeping facilities located within a rental unit. A standard single bed shall count as a proper accommodation for one individual, and a standard double bed as a proper accommodation for two individuals.
TENANT
The person or persons to whom a rental unit is leased or rented by the owner.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units, commercial property and/or residential, shall obtain a rental certificate of inspection as provided herein. Every owner, either personally or through his agent, shall obtain from the Zoning Officer or his designee a rental certificate of inspection form for any rental unit located within the Township of Eagleswood as herein defined. Said form shall include the following information:
A. 
The name and address of the record owner(s) of the premises and the record owner(s) of the rental business, if not the same person(s). In the case of a partnership, the names and address 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.
B. 
If the record owner is a corporation, the name and address of the registered agent and the name and address of the person to be contacted for any reason regarding the rental unit, if other than the registered agent.
C. 
If the address of any record owner is not located in the Township of Eagleswood, the owner shall designate an agent or manager who resides in the Township of Eagleswood and who is authorized by the owner to perform any duty imposed upon the owner by this chapter.
D. 
The name, address and telephone number of an individual representative of the record owner or manager or agent located in the Township of Eagleswood who may be reached or contacted at any time in the event of an emergency affecting the premises or any rental unit there, including such emergencies as the failure of any essential services or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
E. 
The name and address of every holder of a recorded mortgage on the premises.
F. 
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.
G. 
As to each rental unit, specification of the exact number of sleeping rooms contained in the rental unit and the exact of sleeping accommodations contained in each of the sleeping rooms, identifying each sleeping room specifically by the number of locations within the rental unit and by the square footage thereof. In order to satisfy the requirements of this provision an owner shall submit a floor plan which shall become a part of the registration application and which shall be attached to the registration form when filed with the Zoning Officer or his designee.
H. 
The fee for the rental certificate of inspection shall be $50 for each premises, which shall be submitted with the completed application form. The fee for each reinspection shall be $35.
The Zoning Officer or his designee shall index and file the rental certificate of inspection form and make it reasonably available for public inspection. In doing so, the Zoning Officer or his designee shall follow the mandates of N.J.S.A. 46:8-28, to the extent that it applies to the property being registered and will also satisfy the requirements of this chapter. The Zoning Officer or his designee shall maintain a master index of all such forms, and any person may obtain a list of all properly issued rental certificates of inspection.
Every person required to obtain a rental certificate of inspection shall amend the form within 20 days after any change in the information required to be included thereon.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the form required by this chapter. 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 Motel Multiple Dwelling Law as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the form in a conspicuous place within the rental unit(s).
Each owner of a unit registered pursuant to this chapter shall be permitted to lease or rent said rental unit to a number of registered tenants, which number shall not exceed the number which has been computed in accordance with the following:
A. 
Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
B. 
Rental units shall not be occupied by more occupants than permitted by the minimum inspection area requirements as set forth in this chapter. If there is a discrepancy regarding the number of occupants permitted pursuant to this chapter, the most restrictive requirement shall govern.
C. 
Combined living room and dining room spaces shall comply with the requirements of this chapter.
D. 
The maximum allowable number of people on any deck shall be one person per nine square feet.
A. 
It shall be unlawful and in violation of this chapter for an owner or a tenant of any rental unit to allow a number of people greater than the permitted maximum number of occupants to rent or occupy any dwelling unit. It shall also be a violation of this chapter for the owner to lease a rental unit to a number or group of tenants which exceeds the total number of sleeping accommodations which has been established for said rental unit pursuant to this chapter. It shall also be unlawful for any tenant or any owner of a dwelling unit to knowingly permit a number of people greater than the maximum number of sleeping accommodations to sleep in or occupy the dwelling unit overnight. It shall also be unlawful for a tenant or an owner to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of a rental unit to occupy the decks or porches of said rental unit.
B. 
The Township of Eagleswood Zoning Officer is authorized to issue a summons for a violation of this chapter to any owner or tenant that is found to be in violation of this chapter.
A. 
Every owner or agent shall obtain from the Township of Eagleswood a rental certificate of inspection for each rental unit as required herein.
B. 
Every owner or agent of a rental unit shall obtain from the Township of Eagleswood an initial certificate of inspection and inspection for each rental unit required to obtain the same pursuant to this chapter. For each new rental which commences after the passage of this chapter, every owner or agent of a rental unit which requires a certificate of inspection and inspection shall obtain said rental certificate of inspection from the Township of Eagleswood at any time as required by this chapter, including but not limited to any time a change in one or more tenants occurs or any time the premises is rented or leased for a period of 31 days or more.
C. 
Rental certificate of inspection shall be obtained by making applications to the Zoning Officer of the Township of Eagleswood or his designee.
D. 
Once an application for a rental certificate of inspection has been made to the Township of Eagleswood, the appropriate officials shall conduct an inspection of the rental unit to determine if the same complies with all applicable ordinances, codes, regulations and statutes. If the determination is made that a rental unit is in compliance with all ordinances, codes, regulations and statutes and it is further determined that rental certificate of inspection and the appropriate fee has been paid for a rental certificate of inspection, said rental certificate of inspection will be issued by the appropriate officials of the Township of Eagleswood.
In addition to the penalties of N.J.S.A. 46:8-35, any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Township of Eagleswood or such other court having jurisdiction, be liable for a fine not exceeding $1,250 or imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or by any one or more of the above. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter. The penalty provisions contained in this chapter will automatically be deemed altered and amended in conjunction with any amendments to N.J.S.A. 40:49-5.