[HISTORY: Adopted by the City Council of the City of Passaic as indicated
in article histories. Amendments noted where applicable.]
[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:
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.
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]
The holder or holders of the title in fee simple.
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]
[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.
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.
