[HISTORY: Adopted by the City Council of the City of Passaic 4-28-1983
as Ord. No. 735-83. Section 83-2E amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. III. Other amendments noted where
applicable.]
A.
An applicant, individual, organization, partnership or
corporation which establishes, conducts or operates an apartment rental business
or office shall, prior to opening said business or office:
(1)
Register with the City Clerk the names and addresses
of all individuals involved with the business or office.
(2)
Provide the City Clerk the specific location(s) of the
proposed business or office.
(3)
Post a bond in the amount of $10,000 with the Office of the City Clerk (to be placed in an interest-bearing account payable to the applicant subject to § 83-2 if posted directly by the applicant.
(4)
Pay a fee of $50.
B.
"Apartment rental business or office" shall not include
any business or office which receives a payment conditioned upon the actual
rental of a dwelling unit. "Apartment rental business or office" shall mean
any business or office receiving payment in exchange for one or more addresses
of dwelling units supposedly available for rental purposes.
C.
It shall be unlawful for any apartment rental business
or office to advertise, offer or sell one or more addresse(es) of dwelling
units supposedly available for rental purposes, which address or addresses
are not bona fide available rental units.
A.
In the event a complaint is registered with the Office
of the City Clerk regarding the alleged loss of any payment made to an apartment
rental business or office for one or more addressees) of dwelling units supposedly
available for rental purposes, the Business Administrator or his designee,
upon notice to the apartment rental business or office, shall make a hearing
determination as to whether or not said addressees) are bona fide available
rental units. "Bona fide available rental units" shall mean rental units available
for occupany contemporaneously with the issuance of the address lists and
not advertised in newspapers or elsewhere and not listed with any real estate
agent or broker.
B.
Upon a finding by the Business Administrator (or his
designee) that said addressees) are not bona fide available rental units,
the City Clerk shall be authorized to refund from the posted bond to the consumer
the amount paid by him/her.
C.
In the event that more than one claim is involved and
the total loss exceeds the amount of the bond, a proportionate share shall
be refunded to the complaining parties.
D.
The remedies and/or penalties set forth in this chapter
shall in no way limit, modify or eliminate any others available under any
other law.
