There is established in the City of Pleasantville,
County of Atlantic, State of New Jersey (hereinafter the "City") a
Rental Housing Registration Program which shall be governed by the
provisions and regulations described herein.
It shall be the duty and the responsibility
of the Construction/Code Department (hereinafter the "Department")
of the City of Pleasantville to enforce the provisions and regulations
herein.
[Amended 6-16-2008 by Ord. No. 13-2008; 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
As used in this chapter, the following terms
shall have the meanings indicated:
AGENT
The individual designated by the owner who is authorized
to perform any duty imposed by these regulations.
CITY
The City of Pleasantville, County of Atlantic, State of New
Jersey.
DEPARTMENT
The Construction/Code Department of the City of Pleasantville.
MULTIPLE-DWELLING UNIT
Two-family dwelling units or more, and multiple single-family
dwelling units where each unit has an independent means of egress.
PERSON
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
RESIDENTIAL RENTAL UNIT
A house, dwelling, apartment unit, multiple-dwelling unit, boardinghouse, rooming house or any portion of a structure used for human habitation or occupancy and rented, leased or otherwise occupied or offered for occupancy for consideration that includes in-kind or other services. When any person, partnership, firm, corporation or other entity shall by means or use of signs, circulars, business cards, newspapers, Internet, radio, television, word of mouth or other means of publication or communication advertise, offer or solicit a tenancy, whether actively or passively, a presumption shall be created that the house, dwelling, apartment unit, multiple-dwelling unit, boardinghouse, rooming house or structure is being operated as a residential rental unit requiring registration under the provisions of this Chapter
208. A unit previously occupied or offered for occupancy as a residential rental unit but presently vacant shall continue to require annual registration under this section until or unless the owner takes affirmative action to remove the property from the rental market, whether by sale, personal occupancy or otherwise.
The purpose of these regulations is to establish
the standards and manner by which residential rental units within
the City shall be maintained and occupied to protect the public health,
safety and welfare.
A. These regulations shall not apply to hotels, motels,
boardinghouses, rooming services and other residential units which
are generally occupied by guests or tenants for less than 30 successive
days.
B. These regulations shall not apply to residential rental
units owned by or managed by the Pleasantville Housing Authority.
[Added 9-6-2023 by Ord. No. 18-2023]
A. The landlord
of the rental dwelling shall provide a valid lead-safe certification
at the time of the most recent tenant turnover to the City, as well
as to the new tenant, affixing a copy of the same to the new tenant's
lease and to maintain a record of the lead-safe certification, including
the name(s) of the tenant(s) and whether the inspection was performed
during the period of tenancy.
B. Sould
lead levels be detected that are deemed hazardous and identified as
the same, then the owner of the dwelling shall remediate the hazards
through the abatement or lead-based paint hazard control mechanisms
set forth in N.J.S.A. 52:27D-437.16d.
C. Upon
the remediation of the lead-based paint hazard, the City's lead inspector,
deemed a visual inspector, where applicable, or any lead inspector
through the City's shared service agreements, shall conduct an additional
inspection of the dwelling unit to verify and certify that the hazard
no longer exists.
D. Once
no lead-based paint hazards are detected or otherwise identified,
the lead inspector shall certify the dwelling as lead safe on a form
prescribed by the Department of Community Affairs, which shall be
valid for a period of two years.
At the time that a residential rental unit is
registered, an application shall be completed which contains the following
information:
A. The name, address and telephone number of the record
owner or owners of the premises. In the case of a partnership, this
information shall be provided for all general partners. In the case
of a corporation, this information shall be provided for the registered
agent and all corporate officers.
B. The address of the residential rental unit, the exact
number of all separate units at that address and the designation for
each unit.
C. The exact number of sleeping rooms contained within
each residential unit and the total square footage for each sleeping
room.
D. The exact number of people who occupy each residential
unit and their names, and in the case of children under 18 years of
age, their ages shall also be provided. If the residential rental
unit is unoccupied at the time that the application is completed,
this information shall be provided as soon as the unit is occupied.
E. The Department has the authority to amend the application
to include additional required information.
F. Subject to the provisions of §
208-10, if any of the information set forth on the application in response to Subsections
A through
E above or to §
208-8 should change during the term of the registration, the owner shall provide the updated and amended information to the City within 20 days of the change.
[Added 4-20-2009 by Ord. No. 9-2009;
amended 12-7-2015 by Ord. No. 22-2015]
Each person who owns a residential rental unit within the City shall designate a natural person or agent who resides within the county to receive the notice of violation and to correct any violations of these regulations or Chapter
207, Property Maintenance, of this Code. The natural person or agent shall be named in the application when it is filed.
Each residential rental unit shall be inspected
annually. After completion of the application and payment of the registration
fee, the Housing Inspector shall inspect the residential rental unit
to ensure compliance with these regulations and the Property Maintenance
Code. The Housing Inspector shall make a report promptly after each
inspection.
A. After the initial annual inspection, if the residential
rental unit does not comply with the aforesaid regulations, a notice
of violation shall be served on the owner or agent in the form and
manner prescribed by the Property Maintenance Code. The Housing Inspector
shall reinspect the residential rental unit after the notice of violation
has been served and the time has expired for correction of the violations,
or such time as the owner advises the Housing Inspector that the corrections
have been made and that the owner is requesting a reinspection.
B. If violations still exist, any further reinspections
of the residential rental unit shall be at the discretion of the Housing
Inspector, and a complaint may be filed with the Municipal Court for
enforcement of these regulations and the Property Maintenance Code.
C. The registration permit shall not be issued until
all violations have been corrected.
D. If the residential rental unit is damaged by fire
or other cause, the reinspection shall be required to ensure compliance
with these regulations and the Property Maintenance Code.
E. All multiple dwellings including those occupied by
the owner shall be inspected.
If the residential rental unit is occupied at
the time it is registered with the Department, the owner or agent
shall provide the Department with a list containing the names of all
occupants of the premises for the term of the rental period. If the
residential rental unit is unoccupied, the list shall be provided
as soon as the unit is occupied. A copy of this list shall be maintained
on the premises for inspection upon request. If the occupants change
during the year, a new list shall be submitted to the Department within
20 days of the change.
A. Residential rental units shall not be occupied by
more people than permitted by the minimum area requirements. Every
room occupied for sleeping purposes by one person shall contain at
least 70 square feet of floor area. Every room occupied for sleeping
purposes by more than one person shall contain at least 50 square
feet of floor area for each occupant thereof.
B. It shall be unlawful for an owner to knowingly rent
and a tenant to occupy a residential rental unit with occupants that
exceed the number allowed on the premises based on the available sleeping
rooms and square footage.
C. The lease for each residential rental unit shall contain
language in it which states that the lease is subject to these regulations.
This requirement shall apply to all leases executed after the adoption
of these regulations by the City.
D. The owner or agent of a residential rental unit shall
inform the tenants of these regulations, and shall require that each
adult tenant sign a copy of the receipt form acknowledging that the
tenant has received a copy of these regulations. A copy of this document
shall be filed with the Department. This requirement applies to all
existing tenants and future tenants.
Owners of residential rental units shall be
held to standards of responsibility in the selection of tenants and
the supervision of rental properties. If during any twelve-month period
on three separate occasions, tenants of a residential rental unit
are convicted of criminal offenses, disorderly persons offenses, or
ordinance violations involving noisy or tumultuous behavior for activities
on the property or attributed to the occupancy of the property, the
owner is responsible for a violation of these regulations if he has
not taken legal action to evict the tenants.
[Amended 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
Any person who violates any provision of this chapter or who
provides false information, forged or falsified documents or improperly
reproduces registration applications or registrations shall, upon
conviction, be punished by a fine of not less than $100 nor more than
$1,000, imprisonment for a term not exceeding 90 days and/or a period
of community service not exceeding 90 days for a first offense. For
a second or subsequent offense, the minimum fine shall be $250. A
separate offense shall be deemed committed for each day during which
a violation occurs or continues and for each unit subject to registration.