City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Apartment rental businesses — See Ch. 83.
Dwelling units — See Ch. 125.
Heating of residential property — See Ch. 165.
Rent control — See Ch. 231.
[Adopted 8-3-1972 by Ord. No. 162-72]
This article is enacted to further the public health, safety, morals and general welfare of the City of Passaic.
[Amended 6-7-1984 by Ord. No. 788-84]
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:
HOUSING SPACE
That portion of a multiple dwelling rented or offered for rent for living or dwelling purposes in which cooking equipment is supplied and includes all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portions of the property. The term shall not mean or include public housing or dwelling space in any hotel, motel or established guest house, commonly regarded as a hotel, motel or established guesthouse, as the case may be in the community in which it is located.
MULTIPLE DWELLING
Includes any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied or are intended to be occupied by three or more persons who live independently of each other or in which two units of dwelling space are occupied by two or more persons who live independently of each other in cases where none of said persons is the owner of the premises.
[Amended 8-9-1984 by Ord. No. 794-84]
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interest of record in a multiple dwelling and who are in actual possession thereof and any person authorized to receive rents payable for housing space in a multiple dwelling.[1]
[1]
Editor's Note: Original Paragraph Three, concerning further purposes of the ordinance, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions Art. III.
[Amended 6-7-1984 by Ord. No. 788-84; 7-11-1985 by Ord. No. 865-85; 6-9-2004 by Ord. No. 1621-04]
A. 
It shall be the duty of every owner or party in interest and every tenant or prospective tenant of every multiple dwelling within the confines of the City of Passaic who shall hereinafter rent housing space to any tenant in such housing unit to file with the Division of Housing a registration form prescribed by the Division of Housing supplying the following information:
(1) 
The name of the person or persons to whom the housing facilities are being rented.
(2) 
The number of square feet of the total area actually being rented to the tenant and number of square feet of area to be used as sleeping quarters and the number of square feet in other habitable rooms.
(3) 
The number of rooms being rented to each tenant, including the square footage of each room.
(4) 
The number of persons to occupy the area being rented.
(5) 
The landlord's or agent's name, address and telephone number.
(6) 
The monthly rental for each unit.
(7) 
The names and ages of the persons to occupy the area being rented, except that persons 18 years and older may use the designation "adult."
B. 
The registration form shall be signed by the landlord or his agent and the tenant, verifying the information contained in said form.
[Amended 6-7-1984 by Ord. No. 788-84; 6-9-2004 by Ord. No. 1621-04]
The filing of the registration form in accordance with the requirements of § 185-3 shall constitute a valid, legally registered dwelling unit within the City of Passaic and for purposes of legal proceedings in connection thereof.
The landlord's or agent's name, address and telephone number shall be posted in a conspicuous location in the ground floor hall in each dwelling affected by this article.
[Amended 6-7-1984 by Ord. No. 788-84]
The completed certificates shall be filed by the landlord and tenant, respectively, with the Division of Housing within 15 days of occupancy of any apartment.
[Amended 6-7-1984 by Ord. No. 788-84]
It shall be the duty of the landlord or his agent to supply to each tenant a copy of this article and any amendments thereto, as well as a copy of such administrative rules and regulations as shall be in effect at the time the premises are rented and a tenant registration form, except that in the case of tenants in place at the time this amendment is adopted, the landlord or his agent shall have 15 days from the effective date to serve on each tenant a copy of this article and such rules and regulations as shall be concurrently approved by the City Council, as well as a tenant registration form.
[Amended 6-7-1984 by Ord. No. 788-84]
The Superintendent of the Division of Housing is authorized to make and adopt such written administrative rules and regulations as may be necessary for the proper enforcement and interpretation of this article and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this article nor any other ordinance of the City of Passaic, nor shall they have the effect of waiving any provisions of this article or any other ordinance. Such administrative rules and regulations shall have the same force and effect as the provisions of this article, and the penalty for violation thereof shall be the same. The rules and regulations shall be submitted to the City Council of the City of Passaic. Failure of that body to approve, reject or modify such rules and regulations within 30 days after submission shall be deemed to constitute approval thereof. Said rules and regulations as approved by the City Council shall be on file and available as a matter of public record.
[Amended 6-7-1984 by Ord. No. 788-84; 7-11-1985 by Ord. No. 865-85[1]]
Any violation of this chapter by either the landlord or the tenant by the refusal or failure of either to file the said certificate or to sign the same shall be punished by a penalty as is provided in Ch. 1, General Provisions, Art. II, General Penalty.
[1]
Editor's Note: For current penalty provisions, see Ch. 1. Art. II.
The penalty here and above set forth[1] shall be printed in full on the certificate so that both the landlord and the tenant may be fully apprised of the penalty to be imposed by the failure to comply with the provisions of this article.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II, General Penalty.