[HISTORY: Adopted by the City Council of
the City of Paterson as indicated in article histories. Amendments
noted where applicable.]
[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:
The Division of Community Improvements in the Department
of Community Development.
Any building or structure rented or offered for rent to one
or more tenants for family residential units.
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.
A departure from Chapter 271, Housing-Property Maintenance, which still leaves the housing space in substantial compliance with such chapter.
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.
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.
The Division of Community Improvements shall
in all cases supply the landlord with enough copies of any certificate
or temporary certificate to distribute to tenants. The landlord shall
distribute such copies to the tenants.
[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 Department of Community Development of the
City of Paterson is hereby authorized to conduct inspections of residential
dwellings and dwelling units and to certify the result thereof by
the issuance of a certificate of compliance.
|
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."
|
All requests for certification shall be in writing to the Community Development Director and shall be accompanied by the appropriate fees set forth in § 175-18 below.
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:
