[HISTORY: Adopted by the Township Council
of the Township of Washington 5-26-2005 by Ord. No. 9-2005. Amendments noted where
applicable.]
Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this chapter,
shall have the following meaning:
The 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 salesman of the State of New Jersey
as these terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designated with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment shall be designated
for residence, for office or the operation of any industry or business
or for any type of independent use.
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" where applicable.
Any person for group of persons, firm, corporation, or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rented facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments, apartment complexes, single-family homes,
multiple units within a single residential building, rooming houses
or group homes.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes or individual rooms available for lease within a residential
building.
An individual or group of individuals or legal entity owning
residential real property which contains a short-term rental unit.
The residential real property which contains the short-term rental
unit must be the primary residence of the owner of the real property,
or, if it is owned by a legal entity, it must be the primary residence
of at least one of the owners of the legal entity.
[Added 10-13-2021 by Ord.
No. 19-2021]
A residential dwelling unit which is made available for a
tenancy by a short-term rental owner for no more than 30 days within
a period of 365 days.
[Added 10-13-2021 by Ord.
No. 19-2021]
All rental units shall hereinafter be registered
with the Township Clerk or designee of the Township of Washington
or such other person as designated by the Township Council on forms
which shall be provided for that purpose and which shall be obtained
from the Township Clerk or designee. Such registration shall occur
on an annual basis as provided herein.
Each rental unit shall be registered with each
change in occupancy. The license term shall commence on September
1 and shall be valid until August 31 of the following calendar year,
at which time it shall expire and a new registration shall be required.
The initial registration shall occur within 45 days following the
adoption of this chapter. Any lease which has been executed prior
to the adoption of this chapter shall not be affected, but the rental
unit must nevertheless be registered, inspected and licensed in accordance
with this chapter. No rental unit shall hereafter be rented unless
the rental unit is registered and licensed in accordance with this
chapter.
A.
Screening for new inhabitants.
(1)
At each change of occupancy of any rental unit, the
record owner or owners of the premises shall be required to conduct
a tenant screening for the new inhabitants of the unit. Such screening
shall include the substantial equivalent of the following:
(a)
A check for activity in the Landlord-Tenant
Section of the Special Civil Part of the Superior Court of the State
of New Jersey for the county of the tenant's last residence for a
period of three years;
(b)
All records of any conviction for any offense
in the municipal court of the municipality of the resident's last
residence for a period of three years; and
(c)
All records of any conviction for any offense
in the Superior Court of the State of New Jersey for the county of
the resident's last residence for a period of three years.
B.
Proof of an adequate screening shall be a letter indicating
that such a screening was completed by a reputable tenant screening
company or organization. Such a letter must be dated and shall be
prepared by the screening company or organization.
C.
No certificate of occupancy shall issue unless proof
of an adequate screening has been provided or unless the license applicant
indicates in writing his or her refusal to submit proof of a screening.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all rental units shall be registered
and licensed as provided herein. Every owner shall file with the Township
Clerk or designee of the Township of Washington or other such person
as designated by the Township Council a registration form for each
unit contained within a building or structure, which shall include
the following information:
A.
The name and address of the record owner or owners
of the premises and the record owner or owners of the rental business
if not the same persons. In the case of a partnership, the names and
addresses 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.
If the record owner is a corporation, the name and address of the
registered agent and corporate officers of said corporation 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. All registration addresses shall
be physical addresses; post office boxes alone are insufficient.
B.
If the address of any record owner is not located
in New Jersey, the name and address of a person residing or who has
a principle office in New Jersey who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the record owner.
C.
The name and address of the agent of the premises,
if any.
D.
The name and address, including the dwelling unit
number of the superintendent, janitor, custodian of other individual
employed by the owner or agent to provide regular maintenance service,
if any.
E.
The name, address and telephone number of an individual
representative of the owner or agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit of dwelling space therein, including such emergencies as
the future of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith.
F.
The name and address of every holder of a recorded
mortgage on the premises.
G.
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.
H.
A classification of the rental unit type using the
following abbreviations:
|
SFD
|
(Single-family detached)
| |
|
SFA
|
(Single-family attached)
| |
|
DPL
|
(Duplex - 2 units)
| |
|
TPL
|
(Triplex - 3 units)
| |
|
QD
|
(Quad - 4 units)
| |
|
CPL
|
(Complex - five or more units)
| |
|
RH
|
(Rooming house)
| |
|
CM
|
(Commercial - unit is located in a commercial
business structure)
|
I.
As to each rental unit, the following suffix classifications
in addition to the above rental unit type classifications:
|
O
|
(Location has one or more units occupied by
the owner)
| |
|
A
|
(Tenancy is restricted by age or disability)
| |
|
S
|
(Rent is subsidized)
| |
|
C
|
(Unit is located in a structure that has been
converted from a nonrental property to a rental property)
| |
|
Z
|
(Other)
|
J.
Whether or not the landlord has conducted a tenant
screening for each new tenant and authorized adult household member.
K.
Such other information as may be prescribed by the
Township.
The Township Clerk or designee shall index and
file the registration forms. In doing same the Township Clerk or designee
shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the registration form will simultaneously satisfy
the registration requirements of N.J.S.A. 46:8-28 to the extent that
it applies to the property being registered and will also satisfy
the registration requirements of this chapter.
Every person required to file a registration
form pursuant to this chapter shall file an amended registration form
within 20 days after any changes in the information required to be
included thereon. No fee shall be required for the filing of an amendment
except where the ownership of the premises is changed.
A.
Each rental unit shall be inspected at least once
every twelve-month period.
B.
Such inspections shall be performed by such person,
persons or agency duly authorized and appointed by the Township of
Washington, and inspections made by persons or an agency other than
the duly authorized and appointed person, persons or agency of the
Township of Washington shall not be used as a valid substitute.
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered nor shall a license issue, and the owner of the property or his agent shall not lease or rent such property nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days; and if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 185-19 of this chapter.
A.
The inspection officers are hereby authorized to make
inspections to determine the condition of rental facilities, rental
units and rooming/boarding houses in order that they may promote the
purposes of this chapter to safeguard the health, safety and welfare
of the occupants of rental facilities, rental units and rooming/boarding
houses and of the general public. For the purposes of making such
inspections, the inspecting officers are hereby authorized to enter,
examine and survey rental facilities, rental units and rooming/boarding
houses at all reasonable times. The owner or occupant of every rental
facility, rental unit and rooming/boarding house shall give the inspecting
officer free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
B.
Every occupant shall give the owner of the rental
facility, rental unit and rooming/boarding house access to any part
of such rental facility, rental unit and rooming/boarding house at
all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint
alleging a reported violation of this chapter, an inspecting officer
shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental
unit nor shall the owner permit occupancy of any rental unit within
the Township of Washington which is not registered and licensed in
accordance with this chapter.
Upon the filing of a completed registration form and payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a license, indicating the applicable classification designations provided in § 185-5H and I commencing on the date of the issuance and expiring on the same date of the next calendar year. A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
A.
B.
If the owner of the property is a senior citizen who
resides in a unit of the property and rents out the remaining unit
and would otherwise qualify under the State of New Jersey property
tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
C.
If any fee is not paid within 30 days of its due date,
a late fee surcharge of $15 shall be paid or the prevailing rate as
set forth in the applicable resolution of Township Council will be
assessed.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the registration form required
by this chapter as well as the Truth in Renting Handbook published
by the New Jersey Department of Community Affairs. 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 Multiple Dwelling
Act as defined in N.J.S.A. 55:31A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
A.
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 185-19 of this chapter.
B.
Only those occupants whose names are on the file with the Township as required in this chapter may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 185-19 of this chapter.
No rental unit may be registered and no license
shall issue for any property containing a rental unit unless all municipa1
taxes, water and sewer charges and any other municipal assessments
are paid on a current basis.
All dwelling units shall be maintained in accordance with the Uniform Construction Code and with Chapter 179, Property Maintenance.
A.
Occupants. Only those occupants whose names are on
file with the Township Clerk as provided in this chapter may reside
in the licensed premises. It shall be unlawful for any other person
to reside in said premises, and this provision may be enforced against
the landlord, tenant or other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted
in a manner which shall result in any unreasonable disturbance or
disruption to the surrounding properties and property owners or of
the public in general, such that it shall constitute a nuisance as
defined in the ordinance of the Township of Washington.
C.
Compliance with other laws. The maintenance of all
rental facilities and the conduct engaged in upon the premises by
occupants and their guests shall at all times be in full compliance
with all applicable ordinances and regulations of the Township of
Washington and with all applicable state and federal laws.
[Added 10-13-2021 by Ord.
No. 19-2021]
A.
Licensing, registration, inspection and all other requirements, prohibitions,
and provisions of this chapter shall apply to the rental of short-term
rental units and the short-term rental owners.
B.
In addition to the requirements, prohibitions, and restrictions set
forth in this chapter, short-term rental units shall comply with each
of the following regulations:
(1)
The person offering a dwelling unit for rent as a short-term
rental unit shall be the owner of the dwelling unit. The rental unit
containing the short-term rental shall be the primary residence of
the owner.
(2)
Advertisements for the availability of short-term rental units
shall not contain any language that is inconsistent with the requirements
and prohibitions set forth in this chapter.
(3)
A short-term rental unit shall be limited to a maximum period
of 30 days within a period of 365 days. A short-term rental owner
shall be limited to one tenancy of a short-term rental unit at any
one time.
(4)
No tenancy of a short-term rental unit shall be permitted if
such tenancy causes the rental unit to violate the Township's
residential occupancy requirements.
(5)
No accessory buildings on a property may be used for a short-term
rental unit.
(6)
Short-term rentals shall not be conducted in a manner that is
disruptive or adverse to the safety, well being and quiet enjoyment
of the Township's residents and visitors.
(7)
Short-term rentals shall not be permitted for the purpose of
hosting commercial, business, or fee-for-admission events.
(8)
Short-term rental units shall not be rented to any person younger
than 21 years of age.
(9)
Signs or any other type of advertisements indicating a dwelling
unit is available for occupancy as a short-term rental unit shall
not be placed on the property where the short-term rental unit is
located.
(10)
Any short-term rental owner shall be responsible for providing
on-site parking for any tenant of the short-term rental unit consistent
with the Township Code.
(11)
Any short-term rental shall comply with all other laws and regulations
of the State of New Jersey.
(12)
Any short-term renter shall also be subject to fines and violations
of this chapter and for violations of Township Code.
A.
Grounds. In addition to any other penalty prescribed
herein, an owner may be subject to the revocation or suspension of
the license issued hereunder upon the happening of one or more of
the following on repeated and/or multiple occasions evidencing a pattern
of disregard of this chapter:
(1)
Conviction of a violation of this chapter in the Municipal
Court or any other court of competent jurisdiction.
(3)
Continuously permitting the rental unit to be occupied
by more than the maximum number of occupants as defined in this chapter.
(4)
Maintaining the rental unit or units or the property
in which the rental unit is a part in a dangerous condition likely
to result in injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of
a license may be filed by any one or more of the following: Chief
of Police, Construction Code Official, Housing Inspector, the Zoning
Enforcement Officer or any other person or office authorized to file
such complaint. Such complaint shall be in writing and filed with
the Township Clerk or designee. The complaint shall be specific and
shall be sufficient to apprise the licensee of the charges so as to
permit the licensee to present a defense. The individual(s) filing
the complaint may do so on the basis of information and belief and
need not rely on personal information.
(2)
Upon the filing of such written complaint, the Township
Clerk or designee shall immediately inform the Township Council and
a date for a hearing shall be scheduled which shall not be sooner
than 20 days nor more than 45 days thereafter. The Township Clerk
or designee shall forward a copy of the complaint and a notice as
to the date of the hearing to the licensee and the agent, if any,
at the address indicated on the registration form. Service upon the
agent shall be sufficient.
(3)
The hearing required by this section shall be held
before a hearing officer designated by the Township. Such hearing
officer should preferably be a Municipal Court Judge or retired Judge
of the Superior Court of New Jersey, depending upon availability.
Such officer shall transmit his/her findings of fact, conclusions
of law and recommendation for penalty to the Township Council within
30 days of the conclusion of the hearing. The Township Council shall
then review the matter and may accept, reject or modify the recommendations
of the hearing officer based on the record before such hearing officer.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the license or determining that
the license shall not be renewed or reissued for one or more subsequent
years
(4)
The hearing shall be recorded. All witnesses shall
be sworn prior to testifying. The rules of evidence shall not be strictly
applied, and the evidential rules and burden of proof shall be those
that generally control administrative hearings.
(5)
The Township Solicitor or his designee shall appear
and prosecute on behalf of the complainant in all hearings conducted
pursuant to this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license by demonstrating that the owner has abated the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guest(s) for recovery of the premises, eviction of the tenant(s) or otherwise. This defense shall in no way be available to an owner who has refused to submit proof of an adequate tenant screening in accordance with § 185-4.
Any person who violates any provision of this
chapter shall, upon conviction in the Municipal Court of the Township
of Washington or other such court having jurisdiction, be liable to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
30 days, or both. Each day that a violation occurs shall be deemed
a separate and distinct violation subject to the penalty provisions
of this chapter.
If any section, subsection, paragraph, sentence
or other part of this chapter is adjudged unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its effect to the section,
subsection, paragraph, sentence or other part of this chapter directly
involved in the controversy in which said judgment shall have been
rendered, and all other provisions of this chapter shall remain in
full force and effect.
The ordinance shall take effect immediately
upon final adoption and publication in the manner prescribed by law.
