[1999 Code § 8.92.010]
As used in this section:
APPROVED
Means in accordance with regulations established by the Health
Department.
BASEMENT
Means a portion of any dwelling located partly underground
but having less than half (1/2) its clear floor-to-ceiling height
below the average grade of the adjoining ground.
CELLAR
Means a portion of any dwelling having half (1/2) or more
than half (1/2) of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
DWELLING
Means a building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Means a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
Means the control and elimination of insects, rodents or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest-elimination methods approved by the public officer.
FACTORY
Means any building, structure or facility in which occupants
are engaged in fabrication, assembling, packaging, repackaging or
processing of products or materials.
HABITABLE ROOM
Means a room or enclosed floor space used or intended to
be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, foyers, pantries,
communicating corridors, stairways, closets and storage spaces.
OCCUPANT
Means any person (including an owner or operator) over one
(1) year of age living and sleeping in a dwelling unit or rooming
unit.
OPENABLE AREA
Means the part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Means any person having charge, care, management or control
of any dwelling or part of it in which dwelling units or rooming units
are let.
OWNER
Means any person who, alone, jointly or severally with others,
holds legal or equitable title to any dwelling, rooming house, dwelling
unit or rooming unit.
PERSON
Means an individual, firm, corporation, association or partnership.
PLUMBING or PLUMBING FIXTURES
Means gas pipes and gas-burning equipment, water-heating
facilities, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes-washing machines, catch basins, drains, vents
and other similar supplied fixtures, together with all connections
to water, sewer and gas lines.
PREMISES
Means a lot, plot or parcel of land, including the building
and structures thereon.
PUBLIC OFFICER
Means the Health Officer of the Township, or his or her authorized
representative.
ROOMING HOUSE
Means any dwelling or that part of any dwelling containing
one (1) or more rooming units, in which space is let by the owner
or operator to three (3) or more persons who are not husband and wife,
son or daughter or father, or sister or brother of the owner or operator.
ROOMING UNIT
Means any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping but not for
cooking or eating purposes.
[1999 Code § 8.92.030]
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
light, ventilation and heating:
a. Every habitable room shall have a window or skylight opening directly
to the outside. The total area of such window or skylight shall not
be less than ten (10%) percent of the floor area of such room. All
windows and skylights shall be enclosed with glass and shall be provided
with suitable hardware and sash cords and made to open to the extent
of five (5%) percent of the floor area. Every dwelling, habitable
room and hall shall be equipped with a safe, artificial lighting service,
and all electrical wiring, outlets and fixtures thereof shall be installed
and maintained in accordance with the provisions of local municipal
ordinances and statutes of this State and the code of the National
Board of Fire Underwriters. In the absence of natural ventilation,
every habitable room shall be ventilated by approved mechanical means.
b. Every bathroom and water closet compartment shall have at least one
(1) window facing to the outdoors and having a minimum openable area
of four (4%) percent of the floor area of such room, except where
there is supplied some other device approved by the Health Department
as affording adequate ventilation.
c. Every laundry room shall have a minimum openable area of at least
two (2) square feet, except where there is supplied some other device
approved by the Health Department as affording adequate ventilation.
d. Every dwelling shall be supplied with electricity if within three
hundred (300) feet of available service from power lines. Within such
dwelling:
1. Every habitable room shall contain at least two (2) separate floor-
or wall-type electric convenience outlets, or one (1) such convenience
outlet and one (1) supplied ceiling-type electric light fixture;
2. Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one (1) supplied ceiling- or
wall-type electric light fixture; and
3. Every outlet and fixture shall be properly installed and maintained
in good and safe working condition.
e. Any person who contacts to supply heat to a building or any part
thereof shall furnish heat to every occupied portion of such building
so that the prescribed minimum temperatures shall be maintained during
the times specified as follows:
1. At all times during the heating season (September 1 to June 1) between
the hours of 6:00 a.m. and 11:00 p.m., every unit of dwelling space
and every habitable room therein shall be maintained at least sixty-eight
degrees Fahrenheit (68° F). Between 11:00 p.m. and 6:00 a.m.,
the temperature shall be maintained at least sixty-five degrees Fahrenheit
(65° F), provided that the owner shall not be responsible for
heat loss and consequent temperature drop arising out of action by
occupants in leaving windows or doors open. At times other than the
heating season whenever the temperature falls below forty degrees
Fahrenheit (40° F), the interior dwelling space shall be maintained
at fifty-five degrees Fahrenheit (55° F). Official recording of
temperatures shall be taken at the center of a room at a location
three (3) feet above floor level;
2. In any other building, except those specified herein, during the
usual working hours of occupants, a temperature of at least sixty-eight
degrees Fahrenheit (68° F) whenever the outside temperature falls
below fifty degrees Fahrenheit (50° F).
(a)
Commercial establishments: sixty-eight degrees Fahrenheit (68°
F),
(b)
Factories: sixty-eight degrees Fahrenheit (68° F),
(c)
Warehouses: fifty-five degrees Fahrenheit (55° F), unless
otherwise specifically required for product safety;
3. The owner, agent, lessee, superintendent or janitor of a one- or
two-family home which is occupied in whole or part by a tenant or
tenants.
f. All fuel-burning heating facilities shall be permanent installations
attached to an outside flue. No portable room-heating units using
liquid fuel shall be permitted in any dwelling unit. All structures
with three (3) or more dwelling units shall have a central heating
facility sufficient to maintain adequate heat in all units within
the structure.
g. A multiple dwelling owner shall cause the furnace, boiler or other
central heating system under his or her control in such building to
be inspected by a qualified person between May 1 and September 1 of
each year. In addition to testing the efficiency of the heating system
to provide the heat required in paragraph e1 above, the central heating
system or water heating appliance and its flues, vents and dampers
shall be inspected for escape of carbon monoxide gas. The findings
shall be recorded on forms approved by the Edison Division of Health
within fifteen (15) days following the inspection and shall be kept
on file by the owner for a period of one (1) year, and a copy thereof
shall be forwarded to the Edison Division of Health prior to the fifteenth
day of September. All defects indicated by the inspection required
herein shall be repaired before the fifteenth day of September of
each year.
h. At any time that heat is required as prescribed, the heating unit
shall be in proper working order. In the event that the heating equipment
fails to operate in good working order, it shall be the duty of the
owner to have same working properly within twenty-four (24) hours
of notice.
i. Auxiliary Heating Devices.
1. At any time when the heating equipment fails to operate as required
within this section and has not been repaired within the time period
specified within paragraph h. above, it shall be the duty of the owner
to supply heat to the tenants by either of the following acceptable
temporary alternative methods:
(a)
No less than two (2) portable electric heaters per dwelling
unit shall be supplied at no cost to the tenants thereof provided
that the electrical wiring is sufficient; or
(b)
Auxiliary boilers must be connected to the existing heating
plant.
2. It shall be the duty of the owner to have the auxiliary heating devices
specified in paragraph 1. above on the premises and in operating condition
at the termination of the time period specified for repairs to be
completed within paragraph h. above.
[1999 Code § 8.92.040]
No person shall occupy as owner-tenant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
safety from fire:
a. No dwelling unit or rooming unit shall be located within a building
containing any establishment handling, dispensing or storing flammable
liquids in any quantity which endangers the lives of the occupants.
b. Every dwelling unit and every rooming unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level.
c. Every hallway, stairway, corridor, exit, fire escape door and other
means of egress shall be kept clear at all times.
d. Storage rooms and storage lockers shall not be used for storage of
junk, rubbish or waste.
e. Closets or storage beneath stairways are prohibited in any multifamily
dwelling or any rooming house.
f. There shall be at least two (2) means of egress available from each
story of every multifamily dwelling and of every rooming house if
the dwelling is four (4) or more stories in height, or is three (3)
stories or more in height and has at least five (5) habitable rooms
on the third story. A basement used as a dwelling unit shall not count
as a story for the purpose of this subsection.
[1999 Code § 8.92.060]
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
safe and sanitary maintenance:
a. Every foundation, exterior wall and exterior roof shall be substantially
weathertight, watertight and rodentproof; shall be kept in sound condition
and good repair; and shall be safe to use and capable of supporting
the load which normal use may cause to be placed thereon.
b. Every floor, interior wall and ceiling shall be substantially rodentproof,
shall be kept in sound condition and good repair, and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
c. Every window, exterior door and basement or cellar door and hatchway
shall be substantially weathertight, watertight and rodentproof, and
shall be kept in sound working condition and good repair.
d. Every inside and outside stair, porch and any appurtenances thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon, and shall be kept in sound condition
and good repair.
e. Every plumbing fixture shall be properly installed and maintained
in sanitary working condition, free from defects, leaks and obstructions,
and in accordance with the Plumbing Code for the Township.
f. Every water closet compartment shall be constructed and maintained
so as to be substantially impervious to water and so as to permit
such floor to be easily kept in a clean and sanitary condition.
g. Every supplied facility, piece of equipment or utility which is required
under this section, and every chimney and smoke pipe, shall be so
constructed and installed that it will function safely and effectively,
and shall be maintained in sound working condition.
h. Every yard shall be properly graded so as to obtain thorough drainage
and so as to prevent the accumulation of stagnant water.
i. During that portion of each year when, as determined by the Health
Advisory Board, it is necessary for protection against mosquitoes,
flies and other insects, every door opening directly from any dwelling
to outdoor space shall be supplied with a screen, together with a
self-closing device in good working condition; and in each room at
least one (1) window or other device with openings to outdoor space,
used or intended to be used for ventilation, shall likewise be provided
with a screen.
j. Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement or cellar which might provide
an entry for rodents, shall be supplied with a screen or other device
which will effectively prevent their entrance.
[1999 Code § 8.92.110; Ord. No.
O.1857-2014]
a. Definitions. As used in this section:
CERTIFICATE OF APPROVAL
Means the document issued by the Division of Health when
inspections indicate rental dwelling unit is in substantial compliance
with applicable codes, regulations, statutes and ordinances.
PERSON
Means any individual, corporation, company, association,
society, firm, partnership, joint stock company or agent of any of
the preceding.
RENTAL DWELLING UNIT
Means any dwelling or dwelling unit used or intended to be
used for human occupancy and which is to be rented, leased or subleased,
provided, that habitable rooms for rent in motels, hotels, travel
lodges, rooming houses, boardinghouses, etc., where rapid turnover
in rental units is customary are expressly excluded from the effect
of this section.
REOCCUPANCY INSPECTION FORM
Means the inspection form used by the Edison Division of
Health inspectors as a checklist to determine compliance with applicable
codes, regulations, statutes and ordinances. This form shall be issued
in triplicate.
REOCCUPANCY INSPECTION LOG BOOK
Means a journal maintained for each rental dwelling unit
rented. Each unit shall have entries indicating if a unit is rented
or not, if rented, to whom, and the date on which any changes in rental
status occurred.
b. Reoccupancy Inspection. No person who owns, purports to own or exercises
control of any residential rental dwelling unit shall rent, lease
or sublease any rental dwelling unit until a reoccupancy inspection
is performed by the Division of Health and a certificate of approval
is issued therefor.
c. Required Notice and Fees for Inspection and Reinspection. Requests for inspection shall be made to and upon forms provided by the Division of Health at least seven (7) business days prior to the expected date of reoccupancy of the building. A charge of seventy-five ($75.00) dollars shall be paid by the person responsible for renting the dwelling unit at the time a reoccupancy inspection is requested. Any violation emanating from the failure of any person to apply for a certificate of approval shall not be subject to appeal under the provisions of subsection
17-1.12, but shall only be heard in Municipal Court. An additional charge of one hundred ($100.00) dollars shall be paid prior to each mandated reinspection until a certificate of approval is issued for the dwelling unit. All charges for reinspection shall be payable solely by the landlord.
d. Maintaining Reoccupancy Log Book Required. The person responsible
for renting dwelling units shall maintain a reoccupancy inspection
log book accessible to inspectors of the Division of Health at all
reasonable times. This log book shall be produced no later than one
(1) business day after a request by the Division of Health made orally
or in writing.
e. Records to Be Maintained for No Less Than Two (2) Years. The reoccupancy
inspection log book shall be kept, starting with the first day this
section is enforceable. Thereafter it shall be corrected to indicate
any change in rental status or tenants and past records for no less
than two (2) years shall be kept.
f. Distribution of Inspection Form and Copies. The triplicate copies
of the reoccupancy inspection form shall be distributed as follows:
1. Original to be retained by the person renting the dwelling unit;
2. One (1) copy to be retained by the Division of Health;
3. It shall be the responsibility of the renter to issue the last copy
to the tenant and retain a signed receipt therefor. This receipt shall
be maintained in the reoccupancy inspection log book and must also
be retained for no less than two (2) years.
[1999 Code § 8.112.060]
It is unlawful for any person to rent, lease or otherwise permit
the occupancy of any building as a residence, or for any person to
reside in any building as its owner, which does not comply with the
Housing Code of Edison Township.
[1999 Code § 5.36.010]
This section, being necessary for the welfare of the Township
and its inhabitants, shall be liberally construed to effectuate the
general intended purposes.
[1999 Code § 5.36.020]
As used in this section:
LANDLORD
Means the person or persons who own or purport to own any
multiple dwelling, as defined herein.
MULTIPLE DWELLING
Includes any building or structure or trailer or land used
as a trailer park, rented or offered for rent to one (1) or more tenants
or family units. Excluded from this definition and from the operation
of this section are motels, hotels and similar-type buildings and
those buildings in which one-third (1/3) or more of the occupied space
is devoted to commercial purposes and housing units are less than
three (3) units.
[1999 Code § 5.36.030]
Every landlord within the Township shall, by January 15 of each
and every year, file under oath with the Municipal Clerk of the Township
and the Secretary to the Rent Control Board of the Township a statement
containing the following information, on forms provided by the municipality
and available at the Township Clerk's office:
a. The address of the premises; the name and address of the owner of
the premises; the name and address of the superintendent and/or the
name and address of the agent in charge of the premises; the number
of apartments in the premises; the number of square feet in the entire
premises, building or combination of buildings;
b. The number or other designation of each apartment;
c. The total square footage for each apartment;
d. The current base rent chargeable for each apartment;
e. The immediately previous base rent charged for each apartment;
f. The most current tax surcharge chargeable to each apartment, if any;
g. The most current energy surcharge chargeable to each apartment, if
any;
h. Any capital improvement surcharge chargeable to the apartment;
i. The effective date of the most recent lease, if any;
j. If no lease, then the date that the last increase in the base rent
became effective.
[1999 Code § 5.36.040]
A copy of the registration statements shall be kept at the office
of the Municipal Clerk and shall be available for public inspection
and copying during normal business hours.
[1999 Code § 5.36.050]
Any violation of any of the provisions hereof, including but not limited to material misstatements contained in the registration statement required herein, shall be punishable in the Municipal Court by fines of not more than two hundred ($200.00) dollars for a first offense and not more than the penalty stated in Chapter I, Section
1-5.
[1999 Code § 5.52.010]
As used in this section:
AVAILABLE FOR RENT TO TENANT
Means fit for habitation as defined by the statutes, codes
and ordinances in full force and effect in the State of New Jersey,
County of Middlesex and Township of Edison, and occupied or unoccupied
and offered for rent.
BASE RENT
Means for the first twelve (12) months after the effective
date of this section, the present monthly rental, excluding hardship
surcharge and improvement surcharge. Thereafter, "base rent" shall
mean the base rent for the prior twelve (12) month period, excluding
hardship surcharge and improvement surcharge.
COMPLETION OF CONSTRUCTION
Means issuance of a certificate of occupancy pursuant to
the "State Uniform Construction Code Act," N.J.S.A. 52:27D-133;
CONSTRUCTED
Means constructed, erected or converted but excludes rehabilitation
of premises rented previously for residential purposes without an
intervening use for other purposes for a period of at least two (2)
years prior to conversion. Mere vacancy shall not be considered an
intervening use for the purposes of this subsection;
CONSTRUCTED FOR SENIOR CITIZENS
Means constructed under a governmental program restricting
occupancy of at least ninety (90%) percent of the dwelling units to
senior citizens and any members of their immediate households or their
occupant surviving spouses, or constructed as a retirement subdivision
or retirement community as defined in the "Retirement Community Full
Disclosure Act," N.J.S.A. 45:22A-1 et seq.
DWELLING
Includes any building or structure or manufactured home or
land used as a manufactured home community, rented or offered for
rent to one (1) or more tenants or family units. Excluded from this
definition, and from the operation of this section, are motels, hotels
and similar types of buildings, those buildings in which one-third
(1/3) or more of the occupied floor space is devoted to commercial
purposes and housing units which are less than three (3) units.
EQUITY IN REAL PROPERTY INVESTMENT
Means the actual cash contribution of the purchaser-landlord
at the time of closing of title and any principal payments to outstanding
mortgages.
HOUSING SPACE
Means that portion of a dwelling rented or offered for rent
for living and dwelling purposes to an individual or family unit,
together with all privileges, services, furnishing, furniture, equipment,
facilities and improvements connected with the use or occupancy of
such portion of the property.
JUST CAUSE
Means any action by or on behalf of a landlord in refusing
to let, rent, re-let or re-rent residential premises to a tenant,
or any action toward a dispossess, including but not limited to the
following:
a.
Failure on the part of the tenant to pay rent due and owing
whether the same shall have become due by virtue of a written lease,
an oral letting or a month-to-month tenancy;
b.
Disorderly, disturbing, damaging or malicious conduct on the
part of the tenant that is harmful to the peace and tranquility of
the landlord, other tenants or neighbors or destructive of personal
property;
c.
Intentional or neglectful conduct that creates or permits dirt,
filth, noise, damage or destruction of any kind;
d.
Frequent or repeated violations by the tenant of contractual
obligations contained in the lease or of reasonable rules or regulations
established by the landlord previously having been agreed to;
e.
Substantial breach of terms and conditions contained in a lease;
f.
Clear and convincing proof that the owner intends to occupy
the premises personally. Any owner seeking eviction of a tenant or
possession of the premises on the ground that it shall be for his
or her own use must occupy the premises within sixty (60) days and
for not less than one (1) year;
g.
Owner seeks to close the premises down and will not permit any
further occupancy in the future.
MUNICIPAL DWELLING
Means any building or structure and land appurtenant thereto
containing four (4) or more dwelling units, other than dwelling units
constructed for occupation by senior citizens, rented or offered for
rent to four (4) or more tenants or family units;
PERIOD OF AMORTIZATION
Means the time during which the principal amount of the mortgage
loan and interest thereon would be paid entirely through periodic
payments, whether or not the term of the mortgage loan is for a shorter
period concluding with a balloon payment; and
PRICE INDEX
Means the consumer price index (all items) for that region
of the United States in which the Township is included, which index
is periodically published by the Bureau of Labor Statistics of the
United States Department of Labor.
[1999 Code § 5.52.030]
Any rental increase at a time other than at the expiration of
a lease or termination of a periodic lease is prohibited and void.
Any rental increase in excess of that authorized by the provisions
of this section is prohibited and void.
[1999 Code § 5.52.040]
Any landlord seeking an increase in rent shall first notify
the tenant, by ordinary mail, with proof of mailing, of the calculations
involved in computing the allowable increase against the previous
year's base rent. The notice shall be sent no later that sixty
(60) days prior to the date that the increased rent sought is to be
effective, and notice shall detail the prior rent, the amount of the
increase in dollars and the new base rent sought.
[1999 Code § 5.52.050]
In the event that a landlord perfects a successful tax appeal,
the tenant shall receive one hundred (100%) percent of all reductions
as applied pro rata to the tenant's living space so leased, after
deducting all reasonable expenses incurred by the landlord in perfecting
the tax appeal.
[1999 Code § 5.52.100]
Landlords shall maintain the same standards of service and maintenance
of all real and personal property and equipment in and around the
housing spaces and dwellings in the same manner as was provided on
the date of adoption of this section.
[1999 Code § 5.52.110]
The owner of housing space or dwelling units being rented for
the first time shall not be restricted to the initial rent they charge.
Any subsequent rental increase, however, shall be subject to the provisions
of this section.
[1999 Code § 5.52.130]
A landlord renting to a new tenant shall be required to submit
the following information to the tenant, in writing, and the failure
of the landlord to do so shall constitute a violation of this section.
a. The landlord shall supply a statement to each new tenant, in writing,
that there is a rent control and stabilization ordinance or code within
the Township, and that copies of the rent control and stabilization
code or ordinance are available to the tenant from the office of the
Municipal Clerk at a minimal cost.
b. The landlord shall notify the tenant at the time of entering into
a lease of all charges to be paid for by the tenant, including the
base rent, hardship surcharges and improvement surcharges.
[1999 Code § 5.52.150]
Willful violations of any of the provisions hereof, including but not limited to material misstatements contained in any of the notices required herein, shall be punishable in the Municipal Court by fines of not more than two hundred ($200.00) dollars for the first offense and not more than the penalty stated in Chapter I, Section
1-5. Violations affecting more than one (1) leasehold shall be considered separate violations.
[1999 Code § 9.24.010]
In the Township, having a population encompassing people of
various races, creeds, colors and national origins, there is no greater
danger to the health, morals, safety and welfare of the town and its
inhabitants than the existence of groups of individuals reflecting
prejudice against one another and antagonistic to each other because
of differences of race, creed, color or national origin; the Township
Council finds and declares that acts of prejudice, intolerance, bigotry
and discrimination which deny a person the opportunity to sell, purchase,
lease, rent or obtain financing for the purchase or lease of housing
accommodation because of race, creed, color or national origin threaten
the fundamental rights and privileges of the Township and undermine
the foundations of a free democratic society. In an effort to promote
goodwill among various racial, religious and ethnic groups of the
Township and in an endeavor to alleviate restraint, upon those fundamental
rights which are the sense of freedom, the Township Council declares
it to be the public policy of the Township to eliminate and prevent
discrimination and involuntary segregation based on race, creed, color
or national origin and to safeguard the right of every person to sell,
purchase, lease, rent or obtain financing for the purchase or lease
of housing accommodation without regard to race, creed, color or national
origin.
[1999 Code § 9.24.020]
As used in this section:
PERSON
Means natural persons, firms, partnerships, corporations,
associations or other artificial bodies, forms of business designated
or known as cooperatives, trustees, receivers and officers, employees,
agents and others acting for or on behalf of any person.
REAL PROPERTY
Means real estate, lands, tenements and/or hereditaments.
UNLAWFUL DISCRIMINATION
Means only those unlawful practices and acts specified herein
as violations of this section.
[1999 Code § 9.24.040]
It shall be an unfair or discriminatory practice for:
a. Any person to intentionally aid, abet, compel or coerce another person
to engage in any of the practices declared unfair or discriminatory
by this section;
b. Any person to discriminate against another person in any of the rights
protected against discrimination on the basis of race, creed, color,
religion or national origin by this section because such person has
lawfully opposed any practice forbidden under this section, obeys
the provisions of this section or has filed a charge, testified or
assisted in any proceeding under this section.
[1999 Code § 9.24.050]
The Township Building Inspector shall deliver a copy of this
section and all amendments thereto to every person to whom a building
permit and certificate of occupancy is issued after this section takes
effect.
[1999 Code § 9.24.080]
In no instance shall any complainant hereunder be precluded
from pursuing his or her lawful remedies under the New Jersey Fair
Housing Law, N.J.S.A. 18:25-4, or any other similar New Jersey statute.
[1999 Code § 9.24.090]
As used in this section:
CANVASSING
Means door-to-door soliciting or soliciting by the use of
circulars, visitations or any other means where the canvasser or his
employer has not been invited or requested by the owner, as defined
in this subsection, to obtain a listing of real property or to confer
with the owner regarding a real estate transaction. The term "canvassing"
as defined shall not apply when such soliciting is restricted to a
specific house on a particular day.
OWNER
Means the lessee, sublessee, assignee, managing agent or
other person having the right to ownership or possession or the right
to sell, rent or lease any real property.
PERSON
Means any firm, association, partnership or corporation,
as well as a natural person. The term "person" as applied to partnerships
or other associations includes their members and as applied to firms
and corporations includes their officers and employees.
PURCHASER
Means any occupant, prospective occupant, lessee, prospective
lessee, buyer, prospective buyer or any agent of these.
[1999 Code § 9.24.110]
It is unlawful for any person, firm, partnership, association
or corporation to commit any one (1) or more of the following acts:
a. To induce directly or indirectly or attempt to induce directly or
indirectly the sale or listing for sale of real property by representing
that an adverse change has occurred or will or may occur with respect
to the racial, religious or ethnic composition of the block, neighborhood
or area in which the property is located;
b. To induce directly or indirectly or attempt to induce directly or
indirectly the sale or listing for sale of real property by representing
that the presence or anticipated presence of persons of any particular
race, religion or national origin in the area will or may result in:
1. The lowering of property values,
2. An increase in the criminal or antisocial behavior in the area,
3. A decline in the quality of the schools serving the area;
c. To make any misrepresentations concerning the listing for sale or
the anticipated listing for sale or the sale of real property in the
area for the purpose of inducing or attempting to induce the sale
or listing for sale of real property;
d. To make any representation to any prospective purchaser that any
block, neighborhood or area has, will or might undergo an adverse
change with respect to the religious, racial or ethnic composition
of the block, neighborhood or area for the purpose of discouraging
the purchase of property in a particular area;
e. To place a sign purporting to offer for sale any property that is
not in fact offered for sale;
f. To advertise for sale or rental property which is nonexistent or
which is not actually for sale or rental;
g. To engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, cause panic, incite
unrest or create or play upon fear with the purpose of inducing or
attempting to induce the sale or listing for sale of real property;
h. To solicit a listing from any homeowner who has previously requested
in writing that such person refrain from soliciting such homeowner;
i. To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this section;
j. To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this section or to obstruct or prevent
any person from complying with the provisions of this section.
[1999 Code § 9.24.130]
Any person, firm, partnership, association or corporation who
violates any provision of this section shall, after conviction, be
punishable by a fine of not more than two thousand ($2,000.00) dollars
or by imprisonment for not more than ninety (90) days, or both.