[Adopted 2-1-1972 by Ord. No. 1923 (§§ 13-110
to 13-113 of the 1978 Revised General Ordinances)]
A.
There
is an acute shortage of rental housing in the City; and
B.
A substantial
number of the residents and citizens of the City presently reside
in rental housing; and
C.
The Council
of the City finds that there has been heretofore an unauthorized practice
of marketing rental units whereby certain agents, particularly superintendents
and rental agents of the owners of structures within the City containing
rental agents or the owners of structures within the City containing
rental units have required prospective tenants and applicants for
rental units to pay, in addition to real estate commissions properly
due and owing and in addition to advance rents and security deposits
required by the terms of the applicable leases and as permitted by
law, sums of money for the privilege of renting units or for priority
over other applicants; and
D.
The Council
of the City finds that the payment of such sums perpetuates proscribed
discrimination against classes of persons afforded equal opportunity
in the leasing of rental units by the New Jersey Law Against Discrimination,
N.J.S.A. 10:5-1 et seq.; and
E.
The Council
of the City further finds that such payments further reduce, contrary
to the public interest of the citizens and residents of the State
of New Jersey, the availability of rental units to persons of moderate
income.
As used in this article, the following terms shall have the
meanings indicated:
A sum of money paid by a prospective tenant to the landlord
pursuant to the terms of the lease for which the prospective tenant
is credited as a rental payment pursuant to said lease.
A sum of money agreed to be paid by a prospective tenant
to a real estate broker or salesman, duly licensed by the State of
New Jersey, for his services in locating a rental unit for the prospective
tenant.
Includes that portion of the apartment resided in by the
superintendent of a structure containing rental units, if said superintendent
participates in the rental process either by accepting inquiries,
accepting prospective tenants' applications, or otherwise.
All or any portion of a structure which is leased or subleased
for residential occupancy by any tenant, whether for a term or period
and whether pursuant to a written or oral lease or sublease, and shall
include rooming houses. The term shall not mean or include any rental
or leased space in any hotel, motel, or established guesthouse.
A sum of money, within the limitations permitted by law,
to be disposed of by the landlord as required by law during and upon
the expiration of the tenancy.
No person shall require of any prospective tenant or applicant
for a rental unit, in consideration of making the unit available to
him, any sum of money or any other valuable consideration not expressly
provided for in the written lease or which does not constitute either
a real estate commission, advance rental payment, or a security deposit.
A copy of this article shall be posted in a conspicuous place
in the office of the rental agent of each structure within the City
containing rental units.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both.
