[HISTORY: Adopted by the City Council of the City of Paterson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous and unfit buildings — See Ch. 157.
Numbering of buildings — See Ch. 169.
Uniform construction codes — See Ch. 183.
Housing-property maintenance — See Ch. 271.
Housing standards — See Ch. 275.
[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 14, Art. 6, of the 1979 Revised General Ordinances of Paterson]
A. 
The City of Paterson is committed to the preservation of good housing and the enhancement of high-quality neighborhood environments, and in this regard the governing body finds the rental of housing space in dwellings to be an appropriate focus of policymaking.
B. 
Further, the rental of housing space in dwellings in the City is an important area of concern to the governing body in consideration of the fact that the majority of households in the City occupy rented housing space.
C. 
Under the police powers granted to the City and in order to protect the health, safety and welfare of the citizens of the City, it is necessary to regulate the circumstances under which housing space may be rented.
D. 
Whereas existing programs have not kept pace with the need for code enforcement, an appropriate opportunity to intervene in the downward cycle of housing deterioration is presented on the re-renting of a housing space; therefore, this article makes provision for code enforcement through requiring the obtaining of a certificate of re-rental approval in each instance of the re-rental of housing space.
[Amended 12-19-1995 by Ord. No. 95-068]
The following terms, whenever used or referred to in this article, shall have the following respective meanings for the purposes of this article, unless a different meaning clearly appears from the context:
DIVISION
The Division of Community Improvements in the Department of Community Development.
DWELLING
Any building or structure rented or offered for rent to one or more tenants for family residential units.
HOUSING SPACE
Includes that portion of a dwelling rented or offered for rent for living and dwelling privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the real property, save that the term "housing space" shall not apply to a two-family dwelling in which one housing space is occupied by the owner of such dwelling and the other housing space is rented or altered for rent.
MINOR VIOLATION
A departure from Chapter 271, Housing-Property Maintenance, which still leaves the housing space in substantial compliance with such chapter.
SERVICE
The provision of electric power, heat, hot water, maintenance, painting, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
[Amended 12-19-1995 by Ord. No. 95-068]
A. 
A certificate of re-rental approval shall be obtained from the Division of Community Improvements, Department of Community Development, by the landlord of every dwelling which is subject to the provisions of this article immediately prior to allowing a new tenant to take possession of a housing space.
B. 
The inspection mentioned in the following section must be conducted while the housing space is vacant. In no case shall an inspection be considered as immediately prior to a new tenant's possession if it is conducted more than 30 days prior to such new tenant's possession.
[Amended 12-19-1995 by Ord. No. 95-068]
A. 
The required certificate of re-rental approval shall be granted in respect of any housing space within a dwelling only after such housing space shall have been physically inspected to ascertain its compliance with Chapter 271, Housing-Property Maintenance.
B. 
The inspection shall be carried out within three business days of the request for a certificate of re-rental approval. If such inspection is not completed by 4:00 p.m. of the afternoon of the third business day after the inspection is requested, the landlord shall consider himself to have received a temporary certificate of re-rental approval and may permit a tenant to occupy the housing space until the inspection is completed. All time computations under this article shall be made in compliance with R. 1:3-1 of Rules Governing the Courts of the State of New Jersey.
C. 
The Division, at the request of a landlord, shall inspect any housing space on an expedited basis within one business day of receipt of the request, provided that an expedited inspection is needed by the landlord to avoid loss of rental and the need for such expedited inspection is not due to a lack of diligence on the part of the landlord. In determining whether to supply an expedited inspection, the Division shall consider the application for an expedited inspection submitted by the landlord which shall contain the landlord's certification under oath:
(1) 
Stating the housing space is needed for occupancy by a tenant before the passing of three working days.
(2) 
Giving the name and address of the tenant.
(3) 
Stating the day on which the tenant needs occupancy.
(4) 
Stating the day on which the landlord knew the housing space would be vacant, the day on which it became vacant and the day on which an agreement was reached with a new tenant as to occupancy.
[Amended 12-19-1995 by Ord. No. 95-068; 2-22-2011 by Ord. No. 11-009]
A. 
Requests for inspection to the Division shall be accompanied by a fee per housing space. See § 175-7, below. If no violations of standards mentioned in § 175-4A are found in the housing space, the Division shall issue a certificate of re-rental approval. If violations are found and are not deemed to be minor violations, no certificate of re-rental approval shall issue. The results of any inspection (or reinspection) under this article shall be reported to the landlord on the day they are known by first class mail or in person if the landlord presents himself at the Division's office.
B. 
Notwithstanding any other provision of this article, at the time of such inspection it shall not be grounds for denial of a certificate of re-rental approval that utilities (electricity, gas or water) have been temporarily discontinued pending occupancy of a new tenant; provided, however, that landlords still shall be required at the time of such inspection to have housing spaces supplied and connected with all facilities and equipment required by Chapter 271, Housing-Property Maintenance.
[Amended 12-19-1995 by Ord. No. 95-068; 2-22-2011 by Ord. No. 11-009]
The Division shall entertain under the rules set forth in § 175-4 requests for reinspection of dwelling spaces for which no certificate of re-rental approval was issued after a prior inspection because of the existence of code violations. Any such request shall be accompanied by a reinspection fee per dwelling space. See § 175-7, below.
[Amended 2-22-2011 by Ord. No. 11-009]
Number of Housing Spaces
Initial Inspection
Reinspection
First housing space
$50
$25
Additional housing spaces
$20 each
$15 each
[Amended 12-19-1995 by Ord. No. 95-068]
A landlord may require a tenant proposing to occupy a housing space in respect of which certificate of re-rental approval was issued to pay not more than $5 towards the cost of obtaining said certificate, such payment to be made in one lump sum.
In case a tenant fails to take possession on a date he indicated to a landlord and a reinspection is required because a prior inspection or reinspection is not deemed to be immediately prior to the tenant's possession, the landlord may require the tenant to pay the entire cost of such reinspection.
To enforce the terms of this article, the Division shall have the authority to promulgate:
A. 
Such rules and regulations as are necessary.
B. 
Inspection application forms, expedited inspection application forms, certificate of re-rental approval forms and any other necessary forms.
[Amended 12-19-1995 by Ord. No. 95-068]
A. 
Any person aggrieved by a denial of a certificate of re-rental approval may appeal, in writing, to the Director of the Department of Community Development. The Director of the Department of Community Development shall hear the appeal, render a decision thereon and file his decision with a statement of the reasons therefor with the Division not later than five business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. Such decision may affirm, reverse or modify the decision of the Division or remand the matter for further action.
[Amended 12-19-1995 by Ord. No. 95-068]
B. 
A copy of the decision shall be forwarded by certified or registered mail to the party taking the appeal.
C. 
Failure to hear an appeal and render and file a decision thereon within the time limits prescribed in this section shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.
D. 
A record of all decisions made by the Director of the Department of Community Development, properly indexed, shall be kept and shall be subjected to public inspection during business hours.
E. 
The Director of the Department of Community Development shall provide rules for his procedure in accordance with this article and regulations established hereunder.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 9-15-1971; amended in its entirety 12-19-1995 by Ord. No. 95-068]
The certification issued shall list any violations of Chapter 183, Uniform Construction Codes; Chapter 271, Housing-Property Maintenance; Chapter 275, Housing Standards; Chapter 483, Zoning and Land Development; and shall in prominent type contain the statement that, "THE CITY OF PATERSON DOES NOT GUARANTEE TO PURCHASER, MORTGAGOR OR MORTGAGEE THAT THE PREMISES INSPECTED ARE FREE FROM LATENT DEFECTS; NOR IS THE CITY LIABLE FOR DAMAGES OR INJURY CAUSED ANY PERSON AS THE RESULT OF ANY VIOLATION NOT REPORTED HEREIN."
A. 
The certifications shall be issued by the Department of Community Development within three weeks of receipt of the written request. If the request is mailed, the date of receipt shall be presumed to be three days after the date of mailing.
B. 
In no event shall the City be liable for any delay in issuance of certification.
The fees for inspections and notices, orders or statements issued under this article shall be as follows:
A. 
Dwelling units:
(1) 
One- and two-family dwellings: $50.
(2) 
Three-family dwelling units: $75.
(3) 
Four-dwelling units and over: $100.
B. 
Rooming houses, hotels and furnished rooms shall pay a fee of $15 per unit, with no fee less than $15 for such inspection.
C. 
Mixed occupancy fees shall be computed on the occupancy categories listed above.
D. 
The reinspection fee shall be half of the required fee for inspection.