In order to be issued a certificate of substantial compliance, the landlord shall make application to the Office of Code Enforcement on such forms as may be devised by that office, in addition to paying a fee of as provided in Chapter 150, Fees, per multiple dwelling unit. A landlord's application may not be made for a portion of his complex, but only for the entire complex. The Office of Code Enforcement shall issue a report within 45 days of receipt of a completed application and the appropriate fee. The report shall set forth the results of the inspection and shall include a certificate of substantial compliance if the standard set forth in § 261-1, definition of "certificate of substantial compliance," herein is met. If the inspection reveals that the aforementioned standard is not met, the report shall list with particularity those repairs and/or renovations which must be made before the certificate of substantial compliance will be issued. The landlord may request a reinspection by paying a fee of provided in Chapter 150, Fees, per multiple dwelling unit and by certifying to the Office of Code Enforcement that the repairs and/or renovations required pursuant to the initial report have been made.
If emergency conditions and/or lack of sufficient cash flow shall make it impossible for a landlord to make renovations or repairs necessary in order to be issued the certificate of substantial compliance as required by § 261-8C(7) or 261-9A(1), the following procedure may be utilized by the landlord:
A.Â
The landlord shall submit to the Board the affidavit
of its accountant, which affidavit shall contain the following information:
(1)Â
His familiarity with the landlord's operations and
the landlord's current financial condition.
(2)Â
His expert opinion as to the ability of the landlord
to undertake the renovations or repairs indicated on the inspection
report of the Township's Office of Code Enforcement in order to bring
his premises into substantial compliance.
(3)Â
Specific and detailed reasons upon which his opinion is based. Upon such an affidavit being filed with the landlord's application under § 261-9 or with the notice to tenants under § 261-8C, the Board may assign a hearing date pursuant to § 261-9A(1) or allow the implementation of an automatic increase, as the case may be; provided, however, that the landlord by invoking this provision shall be deemed to agree to do the following:
(a)Â
Solicit and submit to the Board certified estimates
by outside contractors of the cost to bring the landlord's premises
into substantial compliance with the Township Property Maintenance
Code and the New Jersey Property Maintenance Code where applicable
based upon the inspection report of the Township's Office of Code
Enforcement.
(b)Â
Enter into an escrow agreement to be prepared
or approved by the Township Attorney, which agreement shall provide
for the landlord's depositing into escrow from rentals received over
a six-month period commencing with the implementation of an automatic
increase or commencing upon the date of the Board's resolution adjudicating
the landlord's application for a hardship increase, as the case may
be, sufficient funds to equal 120% of the combined total of the estimates
to repair. The agreement shall provide that all payments from said
escrow are to be approved by the Township's Code Administrator and
shall further provide that the final disbursement of funds is not
to be made until a certificate of substantial compliance has been
issued.
