[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
Article I Tax and Rental Rebates
Article II Biennial Inspection
[Adopted by Ord. No. 91:10]
As used in this article, the following terms shall have meanings indicated:
- CAPITAL IMPROVEMENT
- An addition to the property that substantially enhances in value or substantially prolongs its life. It is not a replacement or improvement to cure a code violation or otherwise to comply with the repair of something required by law. It is in the nature of a fixed asset which has a minimum useful life of five years.
- Includes any buildings or structures or trailer or land used as a trailer park rented or offered for rent to one or more tenants or family units and contains the usual facilities of a residence which includes a permanent kitchen, bathroom and at least one room sufficient in size to accommodate sleeping quarters for at least one person or family unit. It includes condominium and cooperative apartments that are rented.
- HOUSING SPACE
- That portion of a dwelling rented or offered for rent for living and dwelling purposes to one individual or family unit, together with all privileges, services, furnishing, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
- The record title owner of a dwelling unit which is rented or leased to a tenant as or for habitable space.
- SUBSTANTIAL COMPLIANCE
- The housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire hazards as well as 90% qualitative free of all other violations of the statutes or the building and housing regulations of the Township Code or any other law or regulation governing the operation and maintenance of residential dwelling as applicable.
- Any person or persons who lease or rent a dwelling unit or housing space as defined herein, including all tenants regardless of whether or not they have a written lease and regardless of whether they are a weekly tenant or by the year.
[Amended by Ord. No. 92:27]
The following structures are exempt from this article:
Motels, hotels and similar type buildings intended for transient use.
Owner-occupied two- and three-family dwellings. Condominiums and cooperative units which are rented are not exempt from this chapter and residence of the owner of said units in the same dwelling shall not be a basis for exemption under this section.
Only those commercial or business buildings that are owner-occupied in one separate dwelling unit therein, provided that not more than two residential dwelling units exist therein.
If by virtue of a successful tax appeal, whether before the Morris County Board of Taxation or the Tax Courts of New Jersey, for which a judgment is entered at any time subsequent to the effective date of this article, even if for a tax year prior to 1991 but for which a judgment was not entered prior to the final adoption of this article, the landlord shall become entitled to a refund or rebate of taxes; the landlord shall be entitled to 25% of the rebate to offset expenses in processing the successful appeal and the tenants of any particular property shall receive 75% of the rebate.
If by virtue of litigation instituted by the landlord against the Township of Parsippany-Troy Hills on a theory that the landlord is entitled to the refund of taxes paid but for which certain services were not provided by the Township or for the return of costs incurred by the landlord because a municipal service was not provided, for which a judgment is entered at any time subsequent to the effective date of this article, even if for a time period prior to the effective date of this article but for which a judgment was not entered prior to the final adoption of this article, the landlord shall become entitled to a reduction or rebate in taxes; the landlord shall be entitled to 25% of the recovery to offset reasonable expenses in processing the successful litigation and the tenants of any particular property shall receive 75% of the recovery.
In the event any landlord shall successfully pursue litigation resulting in a refund or recovery as described in § 315-3 or 315-4, the following procedure shall be followed:
The Comptroller shall pay to the landlord his share of said rebate or recovery as provided by either § 315-3 or 315-4 upon receipt from the landlord or tenant of a verified list of tenants who were tenants during the time period which is relevant to the rebate or the recovery, including current addresses for tenants who no longer reside at the complex in question.
The Comptroller shall then make payments to all tenants of the remaining 75% on a proportional basis computed on the basis of the number of rooms rented by each tenant. The Comptroller shall deduct $10 as an administrative fee for processing each tenant payment.
In the event that tenants cannot be located or checks are returned by the United States mail within six months, any money still retained by the Township shall then be divided amongst the tenants entitled to a refund and who have been located, subject to the processing fee.
In the event of a reduction in the municipal property taxes, below the level of real estate taxes paid for the year 1990, other than through litigation, i.e., a revaluation or some type of state property tax relief program, the landlord shall compute the rebate to which the tenant is entitled as follows:
The landlord shall divide the decrease in the present property tax over the property tax of the previous year by the total number of rooms in the dwelling. The tenant shall be entitled to receive 100% of such decrease. Payment shall be made in the form of a credit against the monthly rate in equal increments for the next succeeding six monthly rent payments or, at the option of the landlord, by a check made payable to the tenant within 30 days from the landlord's receipt of notice of the reduction.
The landlord shall submit proof to the Township Comptroller within 60 days of the landlord's receipt of notice of the reduction. The amount of any reduction for a tenant whom the landlord cannot locate shall be turned over to the Township.
Failure of any landlord to comply with the terms of this article, namely to make the refund to the tenant in one of two ways set forth above, shall be a violation of this article and shall subject the landlord to a fine of $1,000 and/or 30 days in jail. Failure to refund to each or any tenant, as specified, shall be considered a separate violation of this article.
In the event that a landlord shall believe that §§ 315-3 and 315-4 create a hardship in that a twenty-five-percent allowance for expenses for processing appeals and other types of litigation is inadequate, he may, upon written notice to all his tenants, apply to the Township Council for relief on the basis that the allowance for expenses is inadequate. However, under no circumstances shall any relief be granted unless there is substantial compliance as defined herein.
[Adopted by Ord. No. 91:69; amended in its entirety 3-27-2007 by Ord. No. 2007:07]
The Township hereby adopts a policy that all residential rental properties having three or more dwelling units within the Township shall be inspected by the Township in terms of the Uniform Construction Code, the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, the Property Maintenance Code and the Zoning Ordinance on a biennial basis.
The administrative officer of the Township of Parsippany-Troy Hills or his designee is hereby designated as the officer to exercise the necessary powers to effectuate biennial inspections and, together with his inspectors within the various departments of Building and Housing or as contracted with outside sources, shall enforce said ordinances, and the administrative officer of the Township of Parsippany-Troy Hills or his designee shall serve in such capacity without any additional salary.
Pursuant to the provisions of P.L. 46, c. 21 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, as approved by the Department of Community Affairs, is hereby accepted, adopted and established by reference as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings is on file in the office of the Township Clerk of the Township of Parsippany-Troy Hills and is available to all persons desiring to use and examine same and is incorporated herein by reference.
The administrative officer or his designee is hereby authorized and directed to make inspections on a biennial basis to determine the condition of dwelling units, rooming units, and premises located within the Township of Parsippany-Troy Hills in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
Whenever the administrative officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, or, in the case of the New Jersey Uniform Construction Code, the Construction Code Official, or, in the case of the Housing and Property Maintenance Code and the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, the Senior Housing Inspector of the Township, he or the appropriate official, i.e., the Construction Code Official for the Uniform Construction Code, the Senior Housing Inspector for the Property Maintenance Code and the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, and the Zoning Officer for the Zoning Ordinance, shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing; include a statement of the reasons why it is being issued; allow a reasonable time for the performance of any act it requires; and be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
The administrative officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article, nor in anywise alter, amend or supersede any of the provisions thereof. The administrative officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Township of Parsippany-Troy Hills.
[Amended by Ord. No. 95:43; 3-17-2009 by Ord. No. 2009:06]
The fees for the above-referenced biennial inspections of residential rental properties shall be $30 per unit, which shall include the initial inspection and one reinspection. Each additional reinspection shall be $30 per unit.
[Amended 5-18-2010 by Ord. No. 2010:09; 11-27-2012 by Ord. No. 2012:42]
No person shall occupy as owner, occupant or rent to another for occupancy any dwelling unit within a building having three or more dwelling units for the purpose of living therein which does not conform to the provisions of the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Any conflict or inconsistency between the regulations described in § 315-8 and this article shall be resolved in favor of the more restrictive requirements.