Borough of Glassboro, NJ Chapter 379 Rental Housing

[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 7-27-2004 by Ord. No. 04-26.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 379, Rental Property, adopted 7-11-1972 by Ord. No. 10-72, as amended.

§ 379-1 Definitions.

For the purpose of this chapter, the terms used herein are defined is follows:

BASEMENT

That portion of a building which is partly or completely below grade.

BOROUGH

The Borough of Glassboro.

CELLAR

See "basement."

DWELLING UNIT

A room or group of rooms, located within a rental facility, forming a single habitable unit with facilities which are used or intended to be used for living or sleeping and which is provided with facilities for cooking and eating.

HABITABLE ROOM

A room occupied by one or more persons for living, eating or sleeping, including kitchens where provided, but not including serving and storage pantries, corridors, bathrooms and spaces that are not used frequently or during extended periods of time.

IMMEDIATE FAMILY MEMBER

"Immediate family member" is defined as the parents or foster parents, stepparents, spouse, domestic partner, civil union partner, children (including in-laws), stepchildren, adopted children, or foster children of the owner. The definition also includes the owner's sister, brother, mother-in-law, father-in-law, grandmother, grandfather, step-grandparents, brother-in-law, or sister-in-law who reside in the owner's home.

[Added 8-28-2018 by Ord. No. 18-43]

LANDLORD

See "owner."

OCCUPANCY

The earlier of the effective date of the contractual obligation for the rental of the property or when an occupant begins to live or sleep in a dwelling unit.

[Added 5-25-2010 by Ord. No. 10-18]

OCCUPANT

Any individual who lives or sleeps in, or has actual possession of, a dwelling unit.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

REGISTERED AGENT

An individual who shall be responsible for receiving notice of violation of this chapter and fulfilling the responsibility of the owner of a rental facility to correct such violation. The registered agent shall reside in the County of Gloucester. The name, physical address and telephone number of such registered agent must be filed with the Borough of Glassboro as provided in this chapter. The registered agent must sign an affidavit or notarized statement indicating that he or she has accepted the responsibility to act as the registered agent for the property owner, and that he or she will accept service of process, etc., for the out-of-county owner. This document is part of and must be submitted with the application for the registration of a rental facility.

[Amended 3-22-2005 by Ord. No. 05-12; 4-12-2016 by Ord. No. 16-16]

RENTAL FACILITY

Every building, a group of buildings, or a portion thereof, consisting of a dwelling, apartment and/or one or more rooms, which contains no more than five dwelling units and has sleeping facilities for fewer than 25 occupants, kept, used, maintained and advertised, or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or not, to one or more individuals who are not the owner or an immediate family member of the owner.

[Amended 4-22-2008 by Ord. No. 08-31; 8-28-2018 by Ord. No. 18-43]

TENANT TURNOVER

The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling.

[Added 11-22-2022 by Ord. No. 22-23]

§ 379-2 Registration.

[Amended 3-22-2005 by Ord. No. 05-12; 4-22-2008 by Ord. No. 08-31; 5-25-2010 by Ord. No. 10-18; 4-12-2016 by Ord. No. 16-16]

A. Registration is required. No building or part thereof shall be occupied as a rental facility prior to registration with the Borough as hereinafter provided. All rental facilities must be registered on an annual basis. The rental calendar begins on July 1 and ends on June 30 of each year.

[Amended 8-28-2018 by Ord. No. 18-43]

B. Term of registration. All registrations hereunder issued shall be issued for a period of up to one year commencing upon approval for occupancy. The rental year ends on June 30.

[Amended 8-28-2018 by Ord. No. 18-43]

C. Applications. Application to register a rental facility shall be made, in writing, prior to initial occupancy as a rental facility, on an annual basis, and/or prior to any change of occupancy and shall be signed by the owner on a form provided by the Administrative Assistant to the Department of Health and Housing. The annual application forms shall be submitted prior to July 31 as determined by the Department, but such date shall not be less than 30 days from the mailed postmarked date from the Department. Said application shall state the name and physical address of the owner, the owner's driver's license number, owner's phone numbers, the name, address and telephone number of the registered agent (which may be the same as the owner); the location of the building; what portion of the building is to be used as a rental facility; the number of dwelling units; the proposed number of occupants, and their dates of birth, in each dwelling unit; the number of rooms in each dwelling unit, the proposed use of each room and the dimensions of each such room. Such application shall be accompanied by a floor plan, drawn approximately to scale, indicating the location, use and accurate dimensions of each room covered by the application. Prior to occupancy or any change of occupancy of the premises during the registration period, the applicant shall furnish to the Borough a list of the names and dates of birth of all occupants and the driver's license numbers of any tenants of driving age occupying the premises.

[Amended 8-28-2018 by Ord. No. 18-43]

D. Issuance.

(1) Inspections; penalty for not appearing; reinspection fees.

(a) Prior to initial occupancy and prior to every change of occupancy of 50% or more of the registered occupants, or every three years, an inspecting officer shall conduct a full inspection of the dwelling and premises in accordance with the performance standards described hereafter in § 379-5.

(b) Prior to every change of less than 50% of the registered occupants or on an annual basis, an inspecting officer shall inspect the dwelling and premises for visible life safety violations, including but not limited to smoke detectors, CO detectors, handrails, guardrails, electrical, and any other life-safety-related items.

(c) For the purposes of this section, a decrease in occupancy does not constitute a change of occupancy.

(d) If all requirements of this chapter are complied with, and upon payment of all applicable fees hereinafter provided for, then the registration shall have been completed. Said registration shall be signed by the inspecting officer who conducted the inspection and the Administrative Assistant to the Department of Health and Housing and shall set forth the name and address of the owner, the address of the rental facility, the number of dwelling units approved, the number of occupants approved for each dwelling unit, and the expiration date of the license. Notwithstanding the above, the inspecting officer may inspect the premises at any additional time or frequency as is deemed necessary.

[Amended 8-28-2018 by Ord. No. 18-43]

(e) A fee of $25 shall be charged to any landlord who fails to appear or have an authorized person appear for an inspection or reinspection as scheduled.

(2) If the inspecting officer finds noncompliance with any requirement of this chapter, he shall furnish the owner with a written statement specifying the same. The owner may thereupon do any of the following:

(a) Remedy the defect(s) and request a reinspection.

(b) Appeal the decision of the inspecting officer to the Borough of Glassboro in the manner hereinafter provided.

(c) Apply to the Borough of Glassboro for a waiver of the defect in the manner hereinafter provided.

E. (Reserved)

F. Renewal. Application for renewal shall be made on an annual basis, prior to the expiration of the registration, in the same manner as the initial application. Applications for renewal shall be made by July 31 on an annual basis.

[Amended 8-28-2018 by Ord. No. 18-43]

G. Modification during registration period. Any modification in the rental facility or any increase in the number of occupants desired to be approved during the term of an existing term of an existing registration shall require a new application or an addendum approved by the Housing Officer, as provided in Subsection C above. If the registration is amended to allow an increase in the number of occupants, the amended certificate of registration shall be issued upon compliance with all terms of this chapter and approval by the Borough and payment of any additional fees required. If at the time during the term of the registration there is a change in the identity of any one or more of the occupants, the certificate of registration shall immediately become void.

§ 379-3 Fees.

[Amended 3-22-2005 by Ord. No. 05-12; 4-22-2008 by Ord. No. 08-31; 5-13-2008 by Ord. No. 08-34]

A. Registration fee. The annual registration fee for each rental unit shall be $160, due no later than July 31 of each year but prior to a change of tenant. The annual registration fee shall include one inspection and one reinspection at no additional fee.

[Amended 5-25-2010 by Ord. No. 10-18; 3-27-2018 by Ord. No. 18-17; 8-28-2018 by Ord. No. 18-43]

B. Reinspection fee. The fee for any reinspection (second and subsequent) shall be $35 per inspection.

C. Change of occupancy inspection: no fee for any additional change of occupancy inspection during the rental year (July 1 to June 30).

[Amended 8-28-2018 by Ord. No. 18-43]

D. Late fee. Failure to submit a completed rental application to the Department by the due date or prior to any change of occupancy will be subject to a late fee of $50.

§ 379-4 Housing Department; inspecting officers.

The Mayor, with the advice and consent of the Council, shall from time to time appoint or hire such inspecting officers as are deemed necessary to administer and enforce this chapter; one of which such inspecting officers may be designated as the "Chief Housing Officer." The Mayor, with the advice and consent of the Council, may from time to time appoint or hire such secretarial or clerical personnel as are deemed necessary to perform secretarial and clerical work required by this chapter. All persons appointed or hired pursuant hereto shall comprise the Housing Department of the Borough of Glassboro.

§ 379-5 Performance standards.

[Amended 3-22-2005 by Ord. No. 05-12; 3-10-2009 by Ord. No. 09-08; 5-25-2010 by Ord. No. 10-18]

The owner of any rental facility shall comply with the requirements of the Borough of Glassboro Property Maintenance Code,[1] other applicable adopted codes and the following standards:

A. Egress. Every dwelling unit shall have safe and unobstructed means of egress which shall lead to a safe and open space at ground level accessible to a street.

[Amended 5-28-2019 by Ord. No. 19-23]

B. Basement and attic occupancy. Basement and attic occupancy shall be permitted as long as the means of egress equals or exceeds that required by the State Uniform Construction Code N.J.A.C. 5:23 and the minimum habitable space requirements of the State Housing Code N.J.A.C. 5:28 are equaled or exceeded.

[Amended 5-28-2019 by Ord. No. 19-23]

C. (Reserved)[2]

[2] Editor’s Note: Former Subsection C, Lighting, was repealed 5-28-2019 by Ord. No. 19-23.

D. (Reserved)[3]

[3] Editor’s Note: Former Subsection D, Security/Locks, was repealed 5-28-2019 by Ord. No. 19-23.

E. Utility service. If a dwelling unit shares electrical service or other utilities (i.e., heat or hot water) with another unit then the cost of such utility payments shall be borne by the landlord. Electric service must meet the minimum requirements for each dwelling unit per the requirements of the Borough of Glassboro Property Maintenance Code.

F. Water supply. The minimum rate of flow of hot or cold water issuing from any faucet or fixture shall be not less than one gallon per minute.

G. Kitchens. Every dwelling unit in which the regular preparation of meals is to be accomplished must be equipped with the following facilities:

(1) A kitchen sink of nonabsorbent and easily cleanable material in good working condition and properly connected to an approved water supply system which provides at all times an adequate amount of heated and unheated water under pressure and which is connected to an approved sewer system.

(2) A stove or similar device for cooking of food, which stove or device is properly installed with all necessary connections for safe, sanitary and efficient operation. Stoves must be provided with antitipping mechanisms installed.

H. (Reserved)[4]

[4] Editor’s Note: Former Subsection H, which required that outdoor areas and structures be maintained in good repair, was repealed 5-28-2019 by Ord. No. 19-23.

I. (Reserved)[5]

[5] Editor’s Note: Former Subsection I, Parking, was repealed 5-22-2018 by Ord. No. 18-25.

J. (Reserved)[6]

[6] Editor’s Note: Former Subsection J, Display of notices on premises, was repealed 8-28-2018 by Ord. No. 18-43.

K. Occupants. Only those occupants whose names are on file with the Borough as provided in this chapter may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises.

L. Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption of surrounding properties and property owners or of the public in general, such that it shall constitute a nuisance.

M. Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Glassboro and with all applicable state and federal laws.

N. Maximum permitted occupancy; posting of premises.

(1) It shall be unlawful for any rental facility to contain at any one time a number of persons in excess of the number determined in accordance with any applicable adopted code(s).

(2) The Chief Housing Inspector shall issue a license prior to occupancy indicating the maximum permitted occupancy. Said license shall remain so posted at all times. It shall be unlawful for any person to remove or alter said license.

O. Interior painting. The interior of every rental facility shall be painted as needed prior to every full change of occupancy. All walls, ceilings, and other surfaces shall be in good repair and properly prepared prior to painting.

[Amended 5-28-2019 by Ord. No. 19-23]

[1] Editor's Note: See Ch. 366, Property Maintenance, Art. I..

§ 379-6 Waiver of performance standards.

The owner may at any time within 15 days of the date of any notice appeal to the Borough of Glassboro for a waiver of any performance standards set forth in § 379-5 above. The Borough shall afford the owner a hearing if requested. Such hearing shall be conducted by the Mayor and Council. The Borough may, at its discretion, grant a waiver of any one or more of the performance standards if it finds that, in light of the facts and circumstances presented in a particular case, a special reason exists for the waiver and that the granting of the same will not be contrary to the intent and purpose of this chapter and will not be detrimental to the health, safety and welfare of the occupants or proposed occupants of the rental facility, nor to the general public. The inspecting officer(s) who inspected the premises in question shall be present at such hearing.

§ 379-7 Inspections.

A. Free access. The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities in order that they may perform their duty of safeguarding the health, safety and welfare of the occupants of rental facilities and of the general public. For the purpose of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities at all reasonable times. The owner or occupant of every rental facility shall give the inspecting officer free access to the rental facility at all reasonable times for the purpose of such inspections, examinations and surveys. Every occupant shall give the owner of the rental facility access to any part of such rental facility at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant hereto.

B. Complaints. Within 10 days of the receipt of a complaint alleging a reported violation of this chapter, an inspecting officer shall conduct an inspection as hereinbefore provided. If the complaint is found to be valid and such causes a violation notice to be issued, then the owner shall be liable for any inspection and reinspection fees necessary.

C. Lead-based paint hazard inspection frequency requirements: single-family, two-family, and multiple rental dwellings.

[Added 11-22-2022 by Ord. No. 22-23]

(1) This subsection is adopted pursuant to N.J.S.A. 52:27D-437.16.

(2) The following is required in regard to lead-based paint hazard inspections for single-family, two-family and multiple rental dwellings:

(a) The Housing Officer shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or by July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to this section.

(b) The Borough shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection as may be set from time to time by the Borough.

[1] The fee for inspection shall be $20 in addition to the fee imposed by the state and set forth in § 379-7C(7).

(c) A rental dwelling owner or landlord may directly hire a lead evaluation contractor who is certified by the New Jersey Department of Health to provide lead paint inspection services to satisfy the requirements of Subsection C(2)(a).

(d) The Housing Officer or lead evaluation contractor with the duty to inspect single-family, two-family, and multiple dwellings pursuant to this section may consult with the Local Heath Board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for repair of dwellings containing lead paint.

(e) Fees established pursuant to this subsection shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.

(3) Notwithstanding Subsection C(2)(b) of this section to the contrary, a dwelling unit in a single-family, two-family, or multiple dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:

(a) Has been certified to be free of lead based paint;

(b) Was constructed during or after 1978;

(c) Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1.

(d) Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or

(e) Has a valid lead-safe certification issued in accordance with this section.

(4) Remediation; certification.

(a) In the event a lead evaluation contractor or Housing Officer finds that lead-based paint hazard exists in a dwelling unit upon conducting and inspection pursuant to this section, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Evaluation and Abatement Code N.J.A.C. 5:17-6.3 et al. Upon the remediation of the lead-based paint hazard, the lead evaluation contractor or permanent local agency shall conduct an additional inspection of the unit to verify that the hazard no longer exists.

(b) In the event a lead evaluation contactor or Housing Officer finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this section or following remediation of a lead-based paint hazard pursuant to Subsection C(4)(a), then the lead evaluation contractor or Housing Officer shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52.27D-437.20. The lead-safe certification provided to the property owner pursuant to this paragraph shall be valid for two years.

(5) In the event a lead evaluation contractor or Housing Officer finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, notification shall be made to the Commissioner of Community Affairs, in accordance with section 8 of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.8.

(6) Beginning on July 22, 2022, property owners shall notify the Housing Officer of all tenant turnovers.

(7) In addition to the fees permitted to be charged for inspection of rental housing pursuant to this section, each unit owner shall be charged an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for the purposes of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1 et al., concerning lead hazard control work, unless the unit owner demonstrated that the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provision of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited in the "Lead Hazard Control Assistance Fund" established pursuant to N.J.S.A. 52:27D-437.4.

(8) A rental owner that has failed to comply, with the requirements for inspection and/or remediation and abatement after 30 days' written notice to cure shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.

§ 379-8 Notice of violation; revocation of registration; hearing.

[Amended 4-12-2016 by Ord. No. 16-16]

A. Notice. Whenever an inspecting officer determines that there has been a violation of this chapter, he shall serve a written notice of the violation on the owner, which shall include a statement of the reasons why it is being issued.

B. Revocation; appeal; hearing.

(1) If a violation is not corrected within the time allocated within the notice, the inspecting officer may serve an order upon the owner that his registration is revoked and occupancy is prohibited, effective five days from the service thereof. Said order shall state that the owner may appeal the order to the Borough by submitting a written request to the Borough within five days of receipt of the order for a hearing. Thereupon, the Borough shall fix a date for a hearing and give the owner notice thereof. Such hearing shall be conducted by the Mayor and Council. Such an appeal shall stay the effective date of the order pending the outcome of the hearing. The inspecting officer(s) who inspected the premises in question shall be present at such hearing. At the hearing, the owner shall be given an opportunity to be heard and to show cause why the order should be modified or withdrawn.

(2) Notwithstanding the correction of any one or more violations of this chapter, the Housing Officer may request that Mayor and Council conduct an administrative hearing in the manner provided above to consider suspension or revocation of a registration on the grounds herein stated. If, as a result of such hearing, the Mayor and Council determines that the subject rental facility has been a source of repeated or continuing violations of this chapter such that the operation of said rental facility has been a detriment to the health and/or safety of the occupants or the public health and/or safety or has constituted a public nuisance, the Mayor and Council may suspend such registration for such period as it shall determine or may permanently revoke such registration.

C. Public record. After a hearing pursuant to Subsection B(1) above, the Borough shall sustain, modify or withdraw the order, depending upon its findings as to whether the provisions of this chapter have been complied with. After a hearing pursuant to Subsection B(2) above, the Borough shall revoke the registration, suspend the registration for such time as it deems appropriate or take no action against the registration, depending upon its findings as to the criteria for suspension or revocation set forth above. The proceedings at such hearings, including the findings and decisions of the Borough, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Housing Department. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the Borough may seek relief therefrom in any court of competent jurisdiction.

§ 379-9 Emergencies.

[Amended 6-22-2021 by Ord. No. 21-11]

Whenever an inspecting officer finds that an emergency exists with reference to a rental facility and the provisions of this chapter which requires immediate action to protect the health of occupants or the general public, he may, without notice or hearing, serve an order upon the owner reciting the existence of such emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. The owner to whom the order is directed shall comply therewith immediately, but upon appeal to the Mayor and Council, as hereinabove provided, shall be afforded a hearing as hereinbefore provided as soon as possible, within a period not to exceed 10 days. The order shall state the right to such hearing.

§ 379-9.1 Proof of liability insurance for owner(s) of rental units.

[Added 11-22-2022 by Ord. No. 22-30]

A. Insurance required.

(1) The owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of not less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.

(2) The owner of a multifamily home which is four or fewer units, one of which is owner-occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.

B. The owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Subsection A of this section with the municipality in which the rental units or multifamily home is located.

C. The Borough may enforce the registration provisions of this section through a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and may collect a fine of not less than $500 but not more than $5,000 against an owner who failed to comply with the provisions of this act.

§ 379-10 Violations and penalties.

[Amended 8-28-2018 by Ord. No. 18-43; 6-22-2021 by Ord. No. 21-11]

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not less than $100 and not more than $2,000, community service for not more than 90 days, or by imprisonment in the county jail for a period not to exceed 90 days, or by any combination of such fine, community service and imprisonment as the court may determine. Each day that a violation continues after due notice has been given shall be deemed a separate offense.