[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Ord. No. 91:10]
As used in this article, the following terms
shall have meanings indicated:
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.
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.
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:
A.Â
Motels, hotels and similar type buildings intended
for transient use.
B.Â
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.
C.Â
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:
B.Â
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.
C.Â
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.
D.Â
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:
A.Â
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.
B.Â
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.
C.Â
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; 5-18-2010 by Ord. No. 2010:09; 11-27-2012 by Ord. No. 2012:42; 3-19-2019 by Ord. No. 2019:06]
A.Â
The fees for the above-referenced biennial inspections of residential
rental properties shall be $40 per unit, which shall include the initial
inspection and one reinspection. Each additional reinspection shall
be $40 per unit.
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.
