[Adopted 9-6-1978 by Ord. No. 1306]
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WHEREAS, the Board of Commissioners of the Town of West New York, State
of New Jersey, have determined that a significant number of multiple dwellings
in the Town of West New York are overcrowded; and
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WHEREAS, the mere existence of the enacted laws and regulations designed
to combat overcrowding in multiple dwellings has not served to deter the existence
of said overcrowded conditions; and
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WHEREAS, the Town of West New York desires to alert on a continuing
basis all landlords and tenants to the applicable laws and regulations governing
the required space necessary in dwelling units and the required space necessary
in sleeping rooms and to be apprised of the number of occupants residing in
a particular dwelling unit in relation to the gross floor area of said dwelling
unit;
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Now therefore, be it ordained by the Board of Commissioners of the Town
of West New York, County of Hudson, State of New Jersey, as follows:
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As used in this article, the following terms shall have the meanings
indicated:
A building or portion thereof containing more than two dwelling units.
The phrase "two dwelling units" is defined to include, in computation thereof,
any owner-occupied dwelling unit within the common structure.
A single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping,
cooking and sanitation.
Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet compartments, closets, halls, storage or utility space and similar
areas are not considered habitable space.
The owner or owners of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in control
of a building or of premises or their duly authorized agents.
Any person, including minors who resides or intends to reside in
a dwelling unit on a continuous basis for more than 30 days.
Any adult member of a household who resides in a dwelling unit.
Every landlord of an apartment house shall file with the Division of
Housing Inspection of the Town of West New York a landlord's dwelling
unit occupancy certification before any apartment unit in said structure is
leased to a new tenant not already in possession at the effective date of
this article within 30 days from the date the tenancy commences.
Every tenant who takes possession after the effective date of this article
shall execute a tenant occupancy certification. Every landlord shall obtain
said certification and file same along with the landlord's dwelling unit
certification with the Division of Housing Inspection of the Town of West
New York within 30 days from the date the tenancy commences.
Every landlord's dwelling unit occupancy certification shall contain
the following information:
A.
Name, address and phone number of the landlord.
B.
Address and dwelling unit number of the rented property.
C.
Name of tenant and all occupants, including minors, who
are to reside in the dwelling unit.
D.
Total number of occupants who are to reside in a dwelling
unit.
E.
Date tenancy commenced.
F.
Total gross floor area in square feet of habitable rooms.
G.
Total gross floor area in square feet of rooms occupied
for sleeping purposes.
Every tenant's occupancy certification shall contain the following
information:
A.
Name of tenant(s) and all occupants, including minors,
who are to reside in dwelling units.
B.
Total number of occupants who are to reside in dwelling
units.
C.
Date tenancy commenced.
D.
A statement by the landlord as to the maximum number
of occupants who will be permitted to reside in the dwelling unit.
E.
A statement advising the tenant that he shall have the
obligation to advise the landlord of any increase in the total number of occupants
residing in the dwelling unit.
Forms for a landlord dwelling unit occupancy certification and tenant
occupancy certification shall be on forms furnished and supplied by the Division
of Housing Inspection of the Town of West New York.
A.
Every landlord shall also have the obligation to submit
a landlord's dwelling unit occupancy certification if the number of occupants
increases in a particular dwelling unit from the effective date of this article.
B.
Every tenant shall have the obligation to notify the
landlord of any increase in the number of occupants from the effective date
of this article.
