The owner of any dwelling unit, except those
exempted below, shall be subject to the provisions of this article.
The following dwelling units shall be exempt
from the provisions of this article:
A. Units in owner-occupied buildings of four or fewer
units.
B. Units in buildings witch are totally vacant at the
time of enactment of this article and have been so for at least 30
days prior to October 1, 1987.
C. Units in newly constructed buildings which are being
rented for the first time. Once rented, such units shall be governed
hereby.
D. Units where the owner is participating in an affordable
housing project approved by the Department of Community Development
of the City of Passaic.
E. All units in hotels, motels or rooming units.
F. Units in a building whose owner has received a notice
of filing from the Department of Community Affairs upon the latter's
receipt of any application for registration for conversion to condominium
or cooperative ownership pursuant to N.J.S.A. 45:22A-30.
All dwelling units, except those expressly exempted in §
125-8 hereof, shall be rented and occupied by a new tenant within 60 days of the termination of the preceding tenancy, which shall be defined as, the last day of residence of the prior tenant or tenants, except where this requirement has been waived by the Rent Leveling Board under provisions of §
125-12 hereunder, in which case the unit shall be rented and occupied within the time set by the Board.
Within 30 days of submission of the report required in §
125-10, the landlord shall notify the Rent Leveling Board that the unit has been rented and occupied, setting forth the name of the new tenant and the terms of tenancy. Failure to have the unit rented and occupied within 60 days of termination of prior tenancy, except where a waiver has been granted, shall be considered a violation of this article, and every day thereafter shall be considered a separate and distinct violation, subject to the penalties set forth in §
125-13 hereunder.
Violations of this article shall be punishable
by fines of not less than $100 nor more than $1,000 or 90 days in
jail, or both, for each unit found in violation and for each day such
violation shall be found to exist.
Upon final passage of this Article, a copy thereof
as adopted shall be sent to all known owners of property subject to
the provisions hereof. "Known owners" shall mean all owners who have
filed landlord registration certificates with the Division of Housing
in the Department of Community Development, which Department shall
be responsible for the notification. Such Department shall further
generally inform the public with respect to the terms and provisions
of this Article by placement of at least one display advertisement
in the legal newspapers designated for the City of Passaic.