[Amended 12-6-2022 by Ord. No. 2022-010]
The owner of any residential rental structure or unit or his
agent, as defined herein who intends(s) to rent or lease all or any
part of thereof as a residential unit shall make application to the
Code Enforcement Officer for the issuance of a rental certificate
of occupancy on such form and provide such information as may be required
by the Code Enforcement Officer. The application shall be filed with
the Code Enforcement Officer not later than 10 days after the date
on which the owner of any residential rental unit shall execute the
lease or enter into a binding agreement to least the rental until.
The application shall include proof that property taxes, assessments against the property, municipal water and sewer charges, and any other municipal charges or assessment pursuant to N.J.S.A. 40:52-1.2 are current. A statement that the applicant acknowledges the maximum permitted occupancy of the structure or unit and understands the restrictions set forth in N.J.S.A. 40:48-2.12, et seq. and Article II herein.
The owner of a business, or one or more rental units, must maintain
liability insurance for negligent acts and omissions in an amount
of no less than $500,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence.
Owner-occupied two-family, three-family, or four-family homes are
subject to a lower $300,000 coverage minimum which becomes effective
for insurance policies issued on or after February 1, 2023. Owners
are required to annually register the certificate of insurance in
the municipality where the business or rental unit is located.
The Code Enforcement Officer and/or his duly authorized agents
shall conduct an inspection of the rental residential unit within
10 days after the filing of the application. Any reinspection(s) as
provided herein shall be made within 10 days from the date the Code
Enforcement Officer is notified in writing by the applicant that the
violations cited have been abated.
The minimum application fee for each residential unit shall be $50 and fees of varying amounts shall be assessed depending on the size of the structure and other variables consistent with Section 211-13A(6).
Notice of any violations as a result of the aforesaid inspection(s) shall be provided in accordance with Chapter 286, Property Maintenance, and Chapter 211, Housing Standards, as applicable. Upon correction of the violations, the applicant shall notify the Code Enforcement Officer in writing of same, and reinspection shall be made upon payment of the appropriate fee.
Upon the complete of satisfactory inspection, the Code Enforcement
Officer shall forthwith issue a rental certificate of occupancy which
shall be valid for a minimum of one year. If, at any time of application
for the certificate of occupancy, the landlord and the proposed tenant
have entered into a lease agreement in excess of one year, the Code
Enforcement Officer may issue a certificate of occupancy for the entire
term of the lease, or until there be a change in tenant occupancy,
whichever is sooner.
In the event that a change in tenant occupancy occurs, at any time, the landlord shall be required to comply with the filing requirements in Section 292-1.
If at any time, a landlord shall enter into a lease agreement,
which by its terms will extend beyond the termination date of the
last certificate of occupancy, the landlord, prior to the commencement
of the tenant' s occupancy shall apply for and have issued a rental
certificate of occupancy as provided herein.
During the rental period:
If subsequent to the issuance of a rental certificate of occupancy, the Code Enforcement Officer or his duly authorized agents have cause to believe a violation of the Code exists, an inspection shall be made of the subject premises. If violations are found to exist the provisions of Chapter 286, Property Maintenance, and Chapter 211, Housing Standards, shall apply. In addition, thereof, if cited violations are not abated with 10 days from the service of notice, the rental certificate of occupancy shall be revoked by the Code Enforcement Officer by mailing a notice of revocation by certified mail to the owner and to the tenants of the premises. Thereafter, the premises shall be immediately vacated, provide, however that the Code Enforcement Officer shall have the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
A rental residential structure or unit is defined as any dwelling,
dwelling unit, rooming unit, building or structure permitted to be
possessed or occupied by a person who shall be the legal owner, equitable
owner or party in actual control of the unit, pursuant to a written
or unwritten lease, agreement or license, or pursuant to a recorded
or unrecorded agreement of contract for the sale of land for all or
any part of any given year.
