[Former Section 15-1, Landlord Tenant Resource Center, previously codified herein and containing portions of 1973 Code §§ 117-1 — 117-3 and Ordinance 10-25-89, was repealed by Ord. No. 2011-52.]
[Added 6-24-2025 by Ord. No. 2025-24]
No person or entity shall rent or offer to rent an illegal apartment/unit.
[Added 6-24-2025 by Ord. No. 2025-24]
As used in this section, the following terms shall have the meanings indicated:
All or any portion of a building rented or offered for rent for living and dwelling purposes.
Any one of the following shall constitute an illegal apartment/unit:
An apartment or unit for which no certificate of occupancy has been issued.
An apartment or unit which would exceed the number of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Town.
An apartment or unit which fails to meet the requirements of regulation affecting the health, safety and welfare of the general public.
An apartment or unit which fails to satisfy the requirements of the Multiple Dwelling Law or any other statute, ordinance or regulation governing multiple dwellings.
[Ord. No. 2002-O-26; amended in its entirety 6-24-2025 by Ord. No. 2025-25]
a.
A tenant who receives a notice of eviction from an owner-landlord because of zoning or code enforcement by the Town for an illegal occupancy, deemed a "displaced person" by N.J.S.A. 20:4-1 et seq. and N.J.S.A. 2A:18-61.1g, shall be entitled to relocation assistance in an amount equal to six times the displaced person's monthly rent from the owner-landlord. The owner-landlord shall pay the relocation assistance directly to the displaced person.
b.
The Town of Kearny shall not be responsible for the payment of relocation assistance to any tenant who is deemed a displaced person as a result of this section.
c.
An additional fine for zoning or housing code violations for an illegal occupancy may be assessed by the Town against the owner-landlord in an amount up to six times the displacement person's monthly rent.
d.
Upon a second subsequent violation for an illegal occupancy, after the opportunity for hearing, an owner-landlord may be fined in an amount equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school in the Town of Kearny. This fine is in addition to the fine set forth in paragraph a, and shall be recovered in civil action by summary proceeding in the name of the Town of Kearny pursuant to N.J.S.A. 2A:58-10 et seq. The Municipal Court and the Superior Court shall have jurisdiction of the proceedings for the enforcement of this penalty. The tuition cost shall be determined in the manner prescribed for nonresident pupils, pursuant to state statute and the payment of the fine shall be remitted to the Town's school district.
e.
For purposes of this section, the owner-landlord of a structure shall not include mortgagees in possession of a structure through foreclosure.
f.
For purpose of this section, a "second or subsequent violation for an illegal occupancy," as set forth in paragraph d, shall be limited to those violations that are a result of distinct and separate zoning or code enforcement activities and shall not include any continuing violations for which citations are issued by zoning or code enforcement agency during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
[Ord. No. 2017-61]
a.
Notwithstanding anything to the contrary contained in the Town of Kearny Code, it shall be unlawful for an owner, lessor, sub-lessor, any other person(s), or entity(ies) with possessory or use right(s) in a single family house, their principals, partner or shareholders, or their agents, employees, representative and other person(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any single family house, as defined herein, for a period of 30 days or less.
b.
Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit for a rental period of more than 30 days.
[Ord. No. 2017-61]
As used in this section, the following terms shall have the meanings indicated:
Shall mean any form of solicitation, promotion and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this article, as same may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of single family houses, for consideration, which are prohibited by this section.
Shall mean soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration, including a promise or benefit, a quid pro quo, rent, fees, other form of payment, or thing of value.
Shall mean any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a single family house.
Shall mean any person(s) or entity(ies), association, limited liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sublease or license (including and operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a single family house pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
Shall mean an individual, firm, corporation, association, partnership, limited liability company, association, entity, and any other person(s) and/or entity(ies) acting in concert or any combination thereof.
Shall mean and constitutes a family-type situation involving one or more persons living together that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
Shall mean any structure, or portion thereof, whether furnished or unfurnished, which is, or intended, arranged, permitted or designed to be occupied by a single family.
[Ord. No. 2017-61]
The residential occupancy of an otherwise lawful and lawfully occupied single family house for a period of 30 days or less, without consideration, by relatives or friends of any member of the single family that occupies the single family house, is permitted.
[Ord. No. 2017-61]
It shall be unlawful to advertise, solicit or promote by any means short term rentals of single family house in violation of subsection 15-3. la above.
[Ord. No. 2017-61]
a.
The provisions of this section shall be enforced by the Building Code Official, Fire Official, Health Department, other Subcode Code Official, or law enforcement agent of the Kearny Police Department, as their jurisdiction may arise, including legal counsel for the Town or other persons designated by the Town of Kearny to issue municipal civil infractions directing alleged violators of this section to appear in court or file civil complaints.
b.
A violation of this section is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.
c.
Any person found to have violated any provision of this article, without regard to intent of knowledge, shall be liable for a maximum civil penalty, upon an adjudicated violation of admission, of a fine not exceeding $1,000. Each day of such violation shall be a new and separate violation of this section.
d.
The penalty imposed herein shall be in addition to any other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunction, reasonable attorney's fees or other fees and costs, in the Town's Municipal Court or the Superior Court of New Jersey in the Vicinage of Hudson County, or in such other court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceedings.
[Added 2-20-2024 by Ord. No. 2024-5]
For purposes of this section, all words and terms shall have the meanings set forth in N.J.S.A. 52:27D-437.3 and N.J.S.A. 52: 27D-437.16 unless the context clearly indicates otherwise.
[Added 2-20-2024 by Ord. No. 2024-5]
The owner, landlord, and/or agent of every single-family, two-family, and/or multiple dwelling offered for rental shall be required to obtain an inspection of every dwelling unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
[Added 2-20-2024 by Ord. No. 2024-5]
After the initial inspection required by § 15-4.2, the owner, landlord, and/or agent of such dwellings offered for rental shall be required to obtain an inspection of each unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
[Added 2-20-2024 by Ord. No. 2024-5]
Inspections for lead-based paint in rental dwellings shall be governed by the standards set forth in N.J.S.A. 52: 27D-437.1 et seq. and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
[Added 2-20-2024 by Ord. No. 2024-5]
A dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards, or for the fees for such inspection or evaluation, if the unit:
a.
Has been certified to be free of lead-based paint;
b.
Was constructed during or after 1978;
c.
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, N.J.S.A. 55:13A-1, et seq.;
d.
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
e.
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
[Added 2-20-2024 by Ord. No. 2024-5]
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Kearny Health Officer or designee, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the dwelling unit to certify that the hazard no longer exists.
[Added 2-20-2024 by Ord. No. 2024-5]
If no lead-based paint hazards are identified, then the Kearny Health Officer or designee or the owner's private lead inspector shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Kearny Department of Public Health. The Kearny Health Officer or designee shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover, and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17
[Added 2-20-2024 by Ord. No. 2024-5]
In accordance with N.J.S.A. 52: 27D-437.16(e), property owners shall:
a.
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Kearny Department of Public Health at the time of the cyclical inspections.
b.
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
c.
Maintain a record of the lead-safe certification, which shall include the name or names of the unit' s tenant or tenants if the inspection was conducted during a period of tenancy.
[Added 2-20-2024 by Ord. No. 2024-5]
a.
Notwithstanding any other fees due pursuant to this subsection, a fee in the amount of $120 shall be paid for a lead- based paint inspection per each dwelling unit. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 15-4.2 in which case no additional lead-based paint inspection shall be paid.
b.
The fee for the filing of a lead-safe certification be $20.
c.
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
[Added 2-20-2024 by Ord. No. 2024-5]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this section shall be as follows:
a.
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 calendar days to correct the violation.
b.
If the property owner has not corrected the violation after 30 calendar days, then the property owner shall be subject to a penalty not the exceed $ 1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.