Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Maplewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building Construction — See Ch. 93, Art. I.
Multiple-dwelling units — See Ch. 175.
Property maintenance — See Ch. 203.
Zoning and Land Development Regulations — See Ch. 271.
Article I Rent Control

§ 209-1 Membership of Board.

§ 209-2 Powers of Board.

§ 209-3 Definitions.

§ 209-4 Rental increases; surcharges.

§ 209-5 Applications and notice of hearing.

§ 209-6 Unauthorized increases and surcharges.

§ 209-7 CPI data.

§ 209-8 Appeal to Township Committee.

§ 209-9 Obligations of a landlord.

§ 209-10 Prohibition on reprisals.

§ 209-11 Vacancy decontrol.

§ 209-12 Housing space governed by prior ordinance.

§ 209-13 Inspection of landlord's records.

§ 209-14 Registration.

§ 209-15 Violations and penalties.

§ 209-16 Construction of provisions.

§ 209-17 Severability.

§ 209-18 Amendments.

§ 209-19 Effective date.

Article II Residential Rental Units

§ 209-20 Purpose.

§ 209-21 Definitions.

§ 209-22 Prohibitions on occupancy.

§ 209-23 Annual registration required.

§ 209-24 Registration and licensing at change of occupancy; term; initial registration.

§ 209-25 Filing and contents of registration forms.

§ 209-26 Indexing and filing or forms.

§ 209-27 Filing of amended form.

§ 209-28 Periodic inspections.

§ 209-29 Access for inspection, repairs.

§ 209-30 Inspection officers, identification and conduct.

§ 209-31 Refusal of entry for inspection; use of search warrants.

§ 209-32 License; review; declaration of moratoriums.

§ 209-33 Fees.

§ 209-34 Providing registration form to occupants and tenants.

§ 209-35 Maximum number of occupants; posting.

§ 209-36 Payments of taxes and other municipal charges required.

§ 209-37 Other rental unit standards.

§ 209-38 Occupant standards.

§ 209-39 Violations and penalties.

[Adopted 5-17-2005 by Ord. No. 2292-05[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 209, Rent Control, adopted 12-17-2002 by Ord. No. 2200-02.

§ 209-1 Membership of Board.

A. 
There is constituted a Rent Leveling Board (Board) within the Township of Maplewood. The Board shall consist of five members and two alternates, who shall sit in place of any absent members. The Township Committee shall appoint each member of the Board and any alternate. Each member of the Board and any alternate shall have a term of office for a period of two years and shall serve without compensation.
B. 
Vacancies in the membership of the Board for any reason whatsoever shall be filled by the Township Committee for the unexpired term of the member or alternate whose place is vacated.

§ 209-2 Powers of Board.

A. 
The Board is granted all powers necessary and appropriate to carry out and execute the purposes of this article, including, but not limited to, the following powers:
(1) 
To issue and promulgate rules and regulations as it deems necessary to implement the purposes of this article, which rules and regulations shall have the force of law until revised, repealed or amended, providing that those rules and regulations are filed with the Township Clerk;
(2) 
To supply information and assistance to a landlord and a tenant to help them comply with the provisions of this article;
(3) 
To hold hearings, adjudicate applications from a landlord for additional base rent or a surcharge, and order relief; and
(4) 
To hold hearings, adjudicate applications from a tenant for a reduction in base rent or a surcharge, and order appropriate relief.
B. 
The Board shall give a landlord and tenant reasonable opportunity to be heard before making any determination. The Board shall render its decision within 20 days after completing its hearing on any matter.

§ 209-3 Definitions.

For purposes of this article, the following definitions apply:
ANNUAL INCOME
The legal monthly, weekly or other periodic base rent and surcharges (except previously granted fair return surcharges) for all units, both residential and commercial, in a multiple dwelling on the date an application is filed, computed on an annual basis, together with any other income earned from the operation of the multiple dwelling during the test year; provided, that where a unit has seasonable, alternate or other varying base rent, an appropriate adjustment shall be made. Where a unit is occupied in whole or in part rent-free, the full rental value shall be included.
ANNUAL OPERATING EXPENSES
All property taxes and operating costs necessary for the operation and maintenance of a multiple dwelling, excluding depreciation, mortgage interest and amortization, properly allocated to the test year.
BASE RENT
The sum of money due a landlord from a tenant for housing space for the term of the tenancy, excluding any surcharge, other than that provided for in the third sentence of § 209-4B(2) of this article.
CPI
The consumer price index (all items) for the Metropolitan New York City area, published periodically by the Bureau of Labor Statistics, United States Department of Labor.
HOUSING SPACE
That portion of a building rented or offered for rent for the home, residence or sleeping place of an individual or family, together with all privileges, services, furnishings, equipment, facilities and improvements connected with its use or occupancy.
LANDLORD
The owner of a multiple dwelling or any person acting on behalf of the landlord, except for a contract purchaser for the multiple dwelling.
MULTIPLE DWELLING
A building which is occupied, or to be occupied, in whole or in part, as the housing space of three or more individuals or families living independently of each other, except for hotels, motels and similar type buildings, and three-family buildings where the landlord resides.
MUNICIPAL PROPERTY TAXES
Those taxes assessed to each property within the Township of Maplewood which includes the municipal portion, the county portion and the Board of Education portion.
NET OPERATING INCOME (NOI)
The amount by which annual income exceeds annual operating expenses.
PERIODIC TENANCY
A lease tenancy, whether oral or written, for housing space, the term of which shall be for the renewable period of less than one year, including, but not limited to, month-to-month tenancies.
SURCHARGE
The sum of money due a landlord from a tenant in addition to base rent for a limited duration and for the reasons permitted under § 209-4B (a fair return surcharge), § 209-4C (a capital improvements surcharge), or § 209-4D (a property tax surcharge) of this article.
TENANT
An individual or family who occupies housing space in a multiple dwelling and pays base rent to a landlord for that housing space, and may include, in appropriate circumstances, a group of tenants.
TEST YEAR
The most recent full calendar or fiscal year, or any 12 consecutive months ending not earlier than 30 days prior to the date an application is filed.

§ 209-4 Rental increases; surcharges.

A. 
Annual percentage increase. At the expiration of any lease or term of periodic tenancy, a landlord may not request nor receive an annual percentage increase in the base rent for housing space in a multiple dwelling covered by this article, which is greater than the average increase of the CPI over the past three calendar years from the year in which the lease or tenancy expires.
B. 
Hardship rent surcharge.
(1) 
Surcharge. In the event that a landlord does not make a fair return on invested capital in a multiple dwelling covered by this article, the landlord may file an application with the Rent Leveling Board for a hardship rent surcharge.
(a) 
A landlord's invested capital shall be a total of the initial cash investment or down payment and the total amount of amortization of the mortgage covering the property. The invested capital shall be reduced by any amounts realized from recasting or refinancing mortgages in excess of the mortgages being paid off.
(b) 
A fair return on invested capital shall be that percentage of invested capital equal to 10 interest points above the maximum passbook demand deposit savings account interest rate available in the Township. (Example: if the passbook rate is 2%, then fair return shall be 12%.)
(c) 
A fair return calculation shall be based upon the net operating income over the invested capital.
(2) 
Time period. A surcharge approved pursuant to Subsection B(1) of this subsection shall be effective for a period of one year. At the conclusion of the one-year period, the Board, upon the request of the landlord, may renew the surcharge for an additional one year, providing the landlord satisfies the requirements of Subsection B(1) of this subsection. The Board may, in its discretion, where it has approved a surcharge pursuant to Subsection B(1) of this subsection for three consecutive years, deem the surcharge to be part of the base rent of a tenant.
(3) 
Allocation. A surcharge approved pursuant to Subsection B(1) of this subsection shall be allocated to a tenant based upon the tenant's proportionate share of the total base rent of the multiple dwelling, except to the extent, in the opinion of the Board, that this method of allocation in a particular case would not be feasible or would work an injustice. The surcharge shall be paid in 12 equal monthly installments commencing the month following the approval of the surcharge.
C. 
Capital improvements surcharge.
(1) 
Surcharge. A landlord may file an application for a surcharge to cover the cost of a planned major capital improvement to a multiple dwelling. The landlord's application shall include the total cost of the capital improvement; the number of years of useful life of the capital improvement as claimed by the landlord for depreciation for income tax purposes; and the amount of the surcharge sought from the tenant. The Board may grant a surcharge only if it finds that the major capital improvement benefits the tenant. The Board may approve the planned major capital improvement; however, the landlord may not implement the surcharge until the landlord submits verification of completion of work and payment (in the form of a detailed invoice and paid bill or cancelled check) and the Board provides final approval.
(2) 
Time period. A surcharge approved pursuant to Subsection C(1) of this subsection shall be effective for a period as the Board may, in its discretion, determine.
(3) 
Allocation. A surcharge approved pursuant to Subsection C(1) of this subsection shall be allocated to a tenant based upon the tenant's proportionate share of the total base rent of the multiple dwelling, except to the extent, in the opinion of the Board, that this method of allocation in a particular case would not be feasible or would work an injustice, and shall be limited to a maximum of 15% of the tenant's base rent. The surcharge shall be paid in equal monthly installments commencing the month following the approval of the surcharge.
D. 
Property tax surcharge.
(1) 
Surcharge. A landlord is permitted, without prior approval of the Board, to impose a property tax surcharge upon a tenant based upon the difference in municipal property taxes for the current calendar year and the taxes for the immediately preceding calendar year.
Example
2004 taxes
$10,000
2005 taxes
$10,240
Increase in taxes
$240
(2) 
Time period. A surcharge imposed pursuant to Subsection D(1) of this subsection shall not be cumulative for each calendar year. The tenant shall pay the surcharge in six equal monthly installments commencing with the month of July and continuing thereafter.
(3) 
Allocation. A surcharge imposed pursuant to Subsection D(1) of this subsection shall be allocated to a tenant based upon the tenant's proportionate share of the total base rent of the multiple dwelling, except to the extent, in the opinion of the Board, this method of allocation in a particular case would not be feasible or would work an injustice, and shall be limited to a maximum of 75% of the increase in property taxes.
Example
Tenant A's rent per month
$600
Total multiple dwelling rent
$2,400
Yearly tax increase
$240
Total permissible surcharge, $240 x .75 =
$180
Tenant A's share of surcharge, $600/$2,400 x $180 =
$45
(4) 
Notice. Thirty days prior to the imposition of a surcharge, the landlord shall notify the tenant, by certified mail, return receipt requested, or personal service, of the calculations involved in computing the surcharge, setting forth each of the items that comprise the formula outlined in Subsection D(3) of this subsection.
(5) 
Character. A surcharge imposed pursuant to Subsection D(1) of this subsection shall not be considered as part of a tenant's base rent for the purpose of computing an annual percentage increase.
(6) 
Effects of a tax appeal. Where a landlord is successful in taking a tax appeal and the property taxes are reduced, a tenant shall receive 25% of the reduction as applied to its proportionate share of the surcharge after deducting all expenses incurred by the landlord in prosecuting the appeal. The landlord shall advise the tenant, in writing, of the outcome of the appeal within 30 days after receipt of the tax appeal decision.
(7) 
Reduction in taxes. In the event there is a reduction in property taxes, no increase in base rent will be permitted which exceeds that otherwise permitted by this article, offset by the tax savings which accrues to the landlord.

§ 209-5 Applications and notice of hearing.

A. 
Applications for relief.
(1) 
Tenant application to reduce base rent or surcharges. A tenant may challenge an increase in base rent or the assessment of a surcharge by filing a written application with the Secretary of the Board. The tenant shall serve a copy of the application on the landlord. The landlord may file with the Secretary of the Board a written response to a tenant's application. The landlord shall serve a copy of the response on the tenant.
(2) 
Landlord application for a surcharge.
(a) 
A landlord may request a fair return surcharge or a capital improvements surcharge by filing a written application with the Secretary of the Board, pursuant to § 209-4B or § 209-4C, respectively, of this article. The landlord shall serve a copy of the application on each affected tenant. A tenant may file with the Secretary of the Board a written response to the landlord's application. The tenant shall serve a copy of the response on the landlord.
(b) 
Upon receipt of an application for a fair return surcharge pursuant to § 209-4B of this article, the Board may retain an independent professional expert to assist the Board in the processing of the application. The Board shall send a copy of the landlord's application to the expert for review. The expert shall submit to the Board an estimate of the cost of the expert's services.
(c) 
The Board shall notify the landlord, in writing, of the estimated cost of the expert's services. Within 30 days of the notice, the landlord shall deposit with the Tax Collector of the Township of Maplewood funds which shall be maintained in an interest-bearing escrow account, sufficient to cover the costs of the expert's services. The expert shall be authorized to review the financial statements and documentation submitted by the landlord and any tenant, to file a report with the Board and, if necessary, to testify at a public hearing.
(d) 
The expert shall submit vouchers for all reasonable and necessary fees for services rendered. Payment for the expert's services shall be made from the escrow account. The expert shall not retain any report prepared with respect to the landlord's application as security for the expert's compensation. If after notice and within the time prescribed by the Board, the landlord fails to deposit sufficient funds with the Tax Collector, the expert may proceed against the landlord for nonpayment of the expert's services. The Board shall take no formal action on the application unless and until all of the fees of the expert have been paid. At that time, any surplus money, including interest in the escrow account, shall be remitted to the landlord.
B. 
Filing and service. Filing or service of an application or a response shall be by certified mail, return receipt requested, or by personal service. Proof of mailing or service upon a landlord or tenant shall be submitted to the Secretary of the Board.
C. 
Notice of hearing. The Secretary of the Board shall notify the landlord and the tenant of the date, time and place of the public hearing of the Board on any application filed pursuant to this section.

§ 209-6 Unauthorized increases and surcharges.

To the extent that an increase in base rent or a surcharge is in excess of that permitted by this article, it is declared to be null and void. Any excess base rent or surcharge shall be refunded to a tenant with interest at the rate for one-year treasury bills for the first week of the month in which the Board makes its determination.

§ 209-7 CPI data.

The Township Clerk shall have available for public inspection the most recent CPI figures.

§ 209-8 Appeal to Township Committee.

A. 
A landlord or a tenant may appeal the findings of the Board to the Township Committee within 20 days from the date of the Board's determination and request a hearing by the Township Committee based on the record (the evidence and proceedings) compiled by the Board.
B. 
The decision of the Board shall be final and conclusive, and shall be affirmed by the Township Committee unless that decision is not supported by substantial evidence.

§ 209-9 Obligations of a landlord.

A. 
During the term of this article, a landlord shall maintain the same standards of services, painting, maintenance, furniture, furnishings and equipment in the housing space as provided and as required by law or lease at the date the lease was entered into.
B. 
Upon the receipt by a landlord of notice of a violation of a health, building or other municipal ordinance involving the multiple dwelling, the landlord shall make public the violation by posting a notice in the public portion of the multiple dwelling.

§ 209-10 Prohibition on reprisals.

A landlord or anyone acting on behalf of a landlord shall not use coercion, threat or action of reprisal against a tenant in an attempt to prevent the tenant from exercising the tenant's rights under this article or to force a tenant from a dwelling covered by this article.

§ 209-11 Vacancy decontrol.

A. 
This article shall apply to all multiple dwelling units as defined in § 209-3 of this article as of the date of passage of this article. Any multiple dwelling unit that becomes vacant after the date of this article shall not be subject to the terms and conditions of this article, provided the landlord notifies the Board as required in this section. Thereafter, the vacated multiple dwelling unit shall be deemed decontrolled.
B. 
The assignment or subleasing by the tenant of housing space shall constitute a vacancy for purposes of this act.
C. 
A landlord shall notify the Board, in writing, within 30 days of the vacating of housing space in a multiple dwelling. The notice shall include the base rent and any surcharge charged to the vacating tenant. The landlord shall also advise the Board as to the reason the prior tenant vacated, including, but not limited to, for example, eviction by court action, voluntary vacation at the end of the term of a lease, or any other reason for vacation.
D. 
If the Board determines that the landlord harassed the prior tenant into vacating the housing space, the Board may determine that the initial rent of the housing space is to be governed by § 209-4A of this article and order the base rent decreased to the maximum allowable amount under that section.

§ 209-12 Housing space governed by prior ordinance.

Notwithstanding anything to the contrary, any housing space governed by the provisions of Ordinance Number 2140-00 at the time of the passage of this article shall be governed by the provisions of this article until vacated by the present tenant.

§ 209-13 Inspection of landlord's records.

A landlord shall have available for inspection by the Board, at any time requested by the Board, all records of tenancies, leases, base rents and surcharges being charged to a tenant.

§ 209-14 Registration.

A. 
On or before March 1 of each year, all owners of multiple dwellings covered by this article shall file with the Township Clerk a list of rents for all apartments owned by them. This list shall contain a sworn affidavit as to the accuracy of said list.
B. 
Within 60 days of the date of any change in rent for any covered multiple dwelling, a landlord shall notify the Township Clerk of such a change.

§ 209-15 Violations and penalties.

A violation of any provisions of this article, including but not limited to the filing with the Board of any material misstatement of fact, shall be punishable by a fine of not less than $1,250 and imprisonment for not more than 90 days, or both. A violation affecting more than one multiple dwelling unit shall be considered a separate violation as to each multiple dwelling unit.

§ 209-16 Construction of provisions.

This article being necessary for the welfare of the Township of Maplewood and its inhabitants shall be liberally construed to effectuate those purposes.

§ 209-17 Severability.

If any provision of this article or the application of that provision to any person or circumstance is declared invalid, that invalidity shall not affect other provisions or application of this article which can be given effect, and to this end, the provisions of this article are declared to be severable.

§ 209-18 Amendments.

This article shall be reviewed by the Board and the Township Committee periodically, and shall be subject to revisions and amendments, if any, as determined by the Township Committee.

§ 209-19 Effective date.

This article is to take effect upon passage and publication as required by law.
[Adopted 12-17-2002 by Ord. No. 2201-02]

§ 209-20 Purpose.

The purpose of this article is to insure that residential rental units are properly maintained in accordance with the Property Maintenance, Zoning and related codes[1] as well as to protect the property and the health, safety and welfare of Township residents and tenants.
[1]
Editor's Note: See Ch. 203, Property Maintenance, and Ch. 271, Zoning and Land Development Regulations, respectively.

§ 209-21 Definitions.

Unless the context clearly indicates a different meaning, the following words or phrases when used in this article shall have the following meaning:
AGENT
The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this article.
APARTMENT COMPLEX
Two or more buildings, each containing two or more apartments, which are located within close proximity of each other and are owned by the same owner.
APARTMENT OR DWELLING
Any apartment or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment shall be designed for residence, for office or the operation of any industry or business or for any other type of independent use.
LICENSE
The license issued by the Township Clerk or designee attesting that the rental unit has been properly registered in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this article. The term "licensee" includes within its definition the term "agent" where applicable.
OCCUPANT
Any person who resides in a rental unit, other than an occasional guest.
OWNER
Any person or group of persons, firm, corporation, or officer thereof, partnership association, or trust, who owns, operates, exercises control over or is in charge of a rental facility.
RENTAL FACILITY
Every building, group of buildings or a portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include apartments and apartment complexes.
RENTAL UNIT
Any dwelling unit, including single-family homes and owner-occupied two-family homes, which is available for lease or rental purposes and is meant to include individual apartments located within apartment complexes, but shall not include group homes, subsidized senior citizen housing and assisted living units.
TENANT OF RECORD
The individual(s)who is/are responsible to pay rent to the owner for a rental unit.

§ 209-22 Prohibitions on occupancy.

No person shall hereafter occupy any rental unit nor shall the owner permit occupancy of any rental unit within the Township of Maplewood which is not registered and licensed in accordance with this article.

§ 209-23 Annual registration required.

All rental units shall be registered with the Township Clerk or designee of the Township of Maplewood or such other person as designated by the Township Committee on forms which shall be provided for that purpose and which shall be obtained from the Township Clerk or designee. Such registration shall occur on an annual basis as provided below.

§ 209-24 Registration and licensing at change of occupancy; term; initial registration.

The license term shall commence on March 1 and shall be valid until February 28 of the following calender year, at which time it shall expire and a new registration shall be required. The initial registration shall occur by March 1, 2003. Any lease which has been executed prior to the adoption of this article shall not be affected, but the rental unit must nevertheless be registered, licensed and inspected in accordance with this article. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this article.

§ 209-25 Filing and contents of registration forms.

[Amended 11-3-2004 by Ord. No. 2270-04]
Every owner shall file with the Township Clerk or designee of the Township of Maplewood a registration form for each rental unit which shall include the following information:
A. 
The name, address and phone number of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership, the names and addresses of all general partners shall be provided, together with the phone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation shall be provided, together with the phone numbers for each of such individuals indicating where such individuals may be reached both during the day and evening hours.
B. 
If the address of any record owner is not located in the State of New Jersey, the name and address of a person who resides in the State of New Jersey and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner.
C. 
The name, address and phone number of the managing agent of the premises, if any.
D. 
The name, address and phone number, including the dwelling unit number of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service, if any.
E. 
The name, address and phone number of an individual representative of the owner or agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
F. 
The name and address of every holder of a recorded mortgage on the premises.
G. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name, address and phone number of the fuel oil dealer servicing the building and the grade of fuel used.
H. 
As to each rental unit, a specification of the exact number of sleeping rooms and kitchen facilities contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan, which shall become part of the application and which shall be attached to the registration form when filed by the Township Clerk or designee.
I. 
All addresses must include the full accurate street address; P.O. box and like information does not satisfy this requirement.
J. 
The name of each tenant of record, including the total number of occupants of each rental unit designated by adults and children.
[Amended 2-1-2005 by Ord. No. 2278-05]
K. 
An acceptable affidavit of fire alarm system inspection and test for all premises where a common area automatic fire alarm is required.
L. 
An acceptable affidavit of fire sprinkler system inspection and test for all premises where a fire sprinkler system is required.
M. 
Such other information as may be required by the Township.

§ 209-26 Indexing and filing or forms.

The Township Clerk or designee shall index and file the registration forms. In doing so, the Township Clerk or designee shall follow the mandates of N.J.S.A. 46:8-28.1. and N.J.S.A. 55:13A-12, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28.1 and N.J.S.A. 55:13A-12 to the extent that it applied to the property being registered and will also satisfy the registration requirements of this article.

§ 209-27 Filing of amended form.

Every person required to file a registration form pursuant to this article, shall file an amended registration form within 45 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the tenancy of the premises is changed.

§ 209-28 Periodic inspections.

[Amended 11-3-2004 by Ord. No. 2270-04; 11-4-2013 by Ord. No. 2737-13; 3-17-2015 by Ord. No. 2772-15]
A. 
Each rental unit shall be inspected at least once every twenty-four-month period. If there are reported issues within a unit or building, then the subject site shall be inspected once every 12 months until two inspections have passed without critical or major issues. Appointments for inspections shall be scheduled at reasonable times and upon notice to the owner and tenant. Newly constructed apartments and/or dwelling units in excess of four rental units are exempt from this inspection for two State of New Jersey licensing periods after the certificate of occupancy is issued, provided that there are no violations filed with the Township Building Department and the property is properly registered and inspected with and by the State of New Jersey as required by the Hotel and Multiple Dwelling Code.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Township of Maplewood, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Township of Maplewood shall not be used as a valid substitute.
C. 
Such inspection shall be for the purpose of determining Chapter 271 (Zoning and Land Development Regulations) compliance and, to the extent applicable, to determine whether the property complies with Chapter 203 (Property Maintenance) and any other municipal code appropriate for the conditions observed.
D. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property or his agent shall not lease or rent such property nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of this article.
E. 
An inspection made by the Township for a certificate of continued occupancy pursuant to Chapter 204 of the Code of the Township of Maplewood shall satisfy the requirements of Subsection A of this section.

§ 209-29 Access for inspection, repairs.

A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities and rental units in order that they may promote the purposes of this article to safeguard the health, safety, welfare of the occupants of rental facilities and rental units and of the general public. For the purposes of making such inspections, the inspecting officers after providing five business days' notice to the tenant either by posting the notice on the entry to the rental unit or personal service are hereby authorized to enter, examine and survey rental facilities and rental units at all reasonable times. The owner or occupant of every rental facility or rental unit, upon reasonable notice, shall give the inspecting officer free access to the rental facility or rental unit at all reasonable times for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility or rental unit access to any part of such rental facility or rental unit and at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as herein provided.

§ 209-30 Inspection officers, identification and conduct.

Inspection officers shall be supplied with official identification and shall exhibit such identification when entering any rental facility and rental unit or any part of any premises subject to this article. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.

§ 209-31 Refusal of entry for inspection; use of search warrants.

A. 
Should the inspection officer be denied access, the inspection officer may, upon affidavit, apply to the Judge of the Municipal Court of the Township for a search warrant, setting forth the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this article may exist on the premises, including one or more of the following:
(1) 
The premises requires inspection according to the cycle established by the Township for periodic inspections of premises of the type involved.
(2) 
Observation of the external condition of the premises and its public areas has resulted in the belief that violations of this article exists.
(3) 
Circumstances such as age of building, type of building, particular use of premises or other factor make systematic inspections of such building necessary in the interest of public health and safety.
B. 
If the Judge of the Municipal Court of the Township is satisfied as to the matter set forth in such affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part or the premises on which the nuisance or violation may exist.
C. 
Where the inspection officer or his agent in possession of an administrative warrant is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this article and subject to the penalties hereunder.

§ 209-32 License; review; declaration of moratoriums.

Upon the filing of a completed registration form and payment of the prescribed fee, the owner shall be entitled to the issuance of a license. A registration form shall be required for each rental unit and a license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.

§ 209-33 Fees.

A. 
At the time of the filing of the registration form and prior to the issuance of a license, the owner or agent of the owner must pay a fee in accordance with the following:
(1) 
An annual registration fee of $50 per year.
(2) 
A reinspection fee of $15.
B. 
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit and would otherwise qualify under the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
C. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $30 will be assessed.

§ 209-34 Providing registration form to occupants and tenants.

Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this article. This particular provision shall not apply to any hotel, motel or guest house registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3. A copy of the registration certificate must be posted in the kitchen of the rental unit(s).

§ 209-35 Maximum number of occupants; posting.

The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit.

§ 209-36 Payments of taxes and other municipal charges required.

No rental unit may be registered or reregistered and no license shall issue for any property containing a rental unit unless all municipal taxes and sewer charges and any other municipal assessments are paid current.

§ 209-37 Other rental unit standards.

All dwelling units shall be maintained in accordance with the Uniform Construction Code and the BOCA National Property Maintenance Code, as adopted and amended by the Township of Maplewood.[1]
[1]
Editor's Note: See Ch. 93, Art. I, Uniform Construction Code, and Ch. 203, Property Maintenance, respectively.

§ 209-38 Occupant standards.

A. 
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 Township of Maplewood and with all applicable state and federal laws.
B. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of this article.

§ 209-39 Violations and penalties.

[Amended 2-1-2005 by Ord. No. 2278-05]
Any landlord or occupant who violates any provision of this article will be liable for a fine of not less than $100 nor more than $1,000 or imprisonment for a term not exceeding 30 days, or both, for each violation. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.