[HISTORY: Adopted by the Township Committee of the Township
of Montague 3-8-05 as Ord. No. 2005-06. Amendments noted where applicable.]
[Amended 3-23-2021 by Ord. No. 2021-03; 12-28-2021 by Ord. No. 2021-18; 9-12-2023 by Ord. No. 2023-13]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meanings:
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this section, as same may be viewed through various media,
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration.
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 chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
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.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied, in whole or in part, or intended, arranged, or
designed to be occupied for sleeping, dwelling, cooking, gathering,
and/or entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that are offered to use, made
available for use, or are used for accommodations, lodging, cooking,
sleeping, gathering, and/or entertaining of occupants and/or guest(s),
for consideration.
Soliciting, charging, demanding, receiving, or accepting
any legally recognized form of consideration, including a promise
or benefit, a quid pro quo, rent, fees, other form of payment, or
thing of value.
A family-type situation involving one or more persons living
together that exhibit the kind of stability, permanency, and functional
lifestyle equivalent to that of a traditional family unit, as further
described in the applicable reported and unreported decisions of the
New Jersey Superior Court.
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" where applicable.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit for a period of greater than 60 days.
Any structure or portion thereof comprised of greater than
two apartments, rental units, or dwelling units.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, trust, firm, limited-liability
company, corporation or officer thereof, partnership, or any combination,
who legally use, possess, own, lease, sublease, or license (including
an operator, principal, shareholder, director, agent, or employee,
individually or collectively) that has charge, care, control, or participates
in the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited-liability company, entity, and any other person(s) and/or
entity(ies) acting in concert or any combination thereof. "Residential
occupancy" shall mean the use of a dwelling by an occupant(s).
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 of any apartment, rental unit, or dwelling unit for
a period of 60 or fewer days.
A person designated and charged by the owner of a short-term
rental property to fulfill all or some of the obligations in connection
with the management of the short-term rental. Such person shall be
available for, and responsive to, contact on behalf of the owner,
tenants, and Township at all times during which the short-term rental
is in use.
Any outdoor or indoor structure intended for swimming or
recreational bathing, including in-ground and aboveground structures,
and including hot tubs, spas, portable spas, and wading pools.
All rental units shall hereafter be registered with the Township
Clerk or designee of the Township of Montague 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
herein.
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on October 1 and shall be valid until
September 31 of the following calendar year, at which time it shall
expire and a new registration shall be required. The initial registration
shall occur within 45 days following the adoption of this chapter.
Any lease which has been executed prior to the adoption of this chapter
shall not be affected, but the rental unit must nevertheless be registered,
inspected and licensed in accordance with this chapter. No rental
unit shall hereafter be rented unless the rental unit is registered
and licensed in accordance with this chapter.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Township Clerk
or designee of the Township of Montague or such other person as designated
by the Township Committee a registration form for each unit contained
within a building or structure, which shall include the following
information:
A.
The name and address 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 address of all
general partners shall be provided, together with the telephone 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 telephone numbers for each of such individuals indicating
where such individual may be reached both during the day and evening
hours. All registration addresses shall be physical addresses; post
office boxes alone are insufficient.
B.
If the address of any record owner is not located in Montague or
in Sussex County, the name and address of a person who resides in
Sussex County 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 and address of the agent of the premises, if any;
D.
The name and address, 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 telephone 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 future 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 and address of the fuel oil dealer
servicing the building and the grade of fuel oil used;
H.
As to each rental unit, a specification of the exact number of sleeping
rooms 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.
A classification of the rental unit type using the following abbreviations:
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SFD (Single-Family Detached)
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SFA (Single-Family Attached)
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DPL (Duplex - Two units)
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TPL (Triplex - Three units)
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QD (Quad - Four units)
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CPL (Complex - Five or more units)
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RH (Rooming house)
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CM (Commercial - Unit is located in a commercial business structure)
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J.
As to each rental unit, the following suffix classifications in addition
to the above rental unit type classifications:
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O (location has one or more units occupied by the owner)
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A (tenancy is restricted by age or disability)
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S (rent is subsidized)
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C (unit is located in a structure that has been converted from
a nonrental property to a rental property)
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Z (other)
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K.
Such other information as may be prescribed by the township.
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, 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 to the extent that it
applies to the property being registered and will also satisfy the
registration requirements of this chapter.
Every person required to file a registration form pursuant to this chapter, shall file an amended registration form within 20 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 ownership of the premises is changed. However, nothing herein shall alleviate the requirements or fees set forth in Chapter 54A.
A.
Each rental unit shall be inspected at least once every twelve-month
period.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Montague and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Montague shall not be
used as a valid substitute.
C.
Such inspection shall be for the purpose of determining zoning compliance,
and to the extent applicable, to determine if the property complies
with the Property Maintenance Code, the Uniform Construction Code,
the Housing Code, the Building Code and the Uniform Fire Safety Act.
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 chapter and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of Section 54B-18 of this chapter.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boarding houses in order that they may promote the purposes
of this chapter to safeguard the health, safety, welfare of the occupants
of rental facilities, rental units and rooming/boarding houses and
of the general public. For the purposes of making such inspections,
the inspecting officers are hereby authorized to enter, examine and
survey rental facilities, rental units and rooming/boarding houses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming/boarding house shall give the inspecting officer
free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house 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 thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, an inspecting officer shall conduct an
inspection as hereinbefore provided.
The following provisions shall apply to short-term rentals:
A.
It shall be unlawful for any owner of any property within the geographic
bounds of the Township of Montague, New Jersey, to rent or operate
a short-term rental contrary to the procedures and regulations established
in this section or applicable state statute.
B.
Short-term rentals shall be permitted to be conducted only in the
following classifications of property in the Township of Montague:
(1)
Individually or collectively owned single-family residences;
(2)
Up to two separate units within a two-family residential dwelling,
upon the agreement by the owner(s) of both units, as well as by any
long-term occupant(s) of either unit, that short-term rentals shall
be a permitted use therein;
(3)
Guest houses, carriage houses, and any other qualifying structures
located on the same property as an owner-occupied dwelling.
C.
Notwithstanding the provisions of Subsection B above, short-term rentals shall not be permitted in boarding houses or rooming houses, dormitories, foster homes, adult family-care homes, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, or nursing homes. Further, the following prohibitions and restrictions concerning short-term rentals shall apply:
(1)
Where the condominium association bylaws or master deed, or condominium
rules and regulations, do not permit the short-term rental of condominium
units in a development, short-term rentals of condominiums or townhomes
in said development shall be prohibited.
(2)
For an apartment, rental unit, or dwelling unit that belongs to a
condominium association or other property owners' association
of any type ("association"), a letter of approval from the association
for the use of the unit as a short-term rental must be provided to
the Township before the unit may be used as a short-term rental.
(3)
There shall be no short-term rentals of any unit in a multifamily
residential complex.
(5)
Should the owner of any apartment, rental unit, or dwelling unit
be delinquent or past-due in remitting to the Township payment for
any property tax, or other fine or fee owed to the Township by the
owner ("outstanding payments"), then said apartment, rental unit,
or dwelling unit shall be prohibited from use as a short-term rental
until such time as all outstanding payments have been made by the
owner.
(6)
For every short-term rental unit, there shall be provided to guests
at least one legal off-street parking space, with an additional parking
space to be provided for every additional three guests beyond the
initial guest. In instances where there is insufficient off-street
parking for the guests of a short-term rental unit, the Township's
on-street parking regulations shall apply.
(7)
Shared driveways or private roads which serve as the legal means
of ingress and egress for multiple properties shall not be used for
access by guests of a short-term rental unit unless the owners of
all of the properties served by the shared driveway or private road
agree to such use of the driveway or private road.
(8)
If the owner of a short-term rental unit will not be available or
assume liability for the activities in and maintenance of the short-term
rental on a seven-day-per-week, twenty-four-hour-per-day basis for
the period during which the short-term rental is in use, then the
owner must provide to the Township and to its guests the name, address,
telephone number, and email address of a short-term rental property
agent ("STRP agent") who shall assume the aforementioned responsibilities
on the owner's behalf.
(9)
The owner or the owner's STRP agent shall visit the site at
the initiation of any short-term rental and within 24 hours after
the completion of the short-term rental, and/or weekly for a multi-week
rental, to ensure that all Township regulations are being properly
observed.
(10)
The owner or the STRP agent shall post the following information
in a prominent location within any short-term rental unit:
(a)
The owner's name and phone number or, if the owner is an
entity, the name and phone number for a principal of the entity;
(b)
The name and phone number of the STRP agent, if one has been
appointed;
(c)
The proper method of ingress/egress to/from the short-term rental
unit, as well as the relevant parking information for the rental unit;
(d)
On-street parking regulations applicable to the adjacent streets;
(e)
Survey or boundary map showing property lines of property rented;
and
(f)
Trash and recycling pickup day, and all applicable rules and
regulations regarding trash disposal and recycling.
(11)
Swimming pools.
(a)
Any swimming pool made available for use by guests of a short-term
rental unit shall be subject to inspection upon request by the Township.
(b)
No swimming pool shall be made available for use by guests of
a short-term rental unit unless a valid bonding and grounding certificate
and electrical certificate of compliance are issued in connection
therewith, as required pursuant to N.J.S.A. 52:27D-133.2.
(c)
For any short-term rental unit with a swimming pool made available
to guests, there shall be provided to guests a copy of the brochure
"Steps for Safety Around the Pool," published by the U.S. Consumer
Product Safety Commission. Copies of this brochure shall be made available
at the Township Municipal Building.
D.
All portions of this section shall apply to the R-4 Zone of the Township,
except that, where any other portions of this section conflict with
the following provisions, the following provisions shall supersede
those conflicting portions. The following provisions shall apply to
short-term rentals in the R-4 Zone of the Township:
(1)
The number of short-term rental units permitted in the R-4 Zone shall be limited to five, the permits for which shall be awarded to the first five units for which a short-term rental permit is obtained, pursuant to Subsection F, below.
(2)
Short-term rental units in the R-4 Zone are permitted to be situated
in a multifamily residential complex, so long as:
E.
The provisions of this section shall apply to short-term rentals
as defined above. The following do not qualify as a residential dwelling
unit, as that term is used herein, and therefore do not need to obtain
a short-term rental permit pursuant to this section: any hotel, motel,
studio hotel, rooming house, dormitory, public or private club, bed-and-breakfast
inn, convalescent home, rest home, home for aged people, foster home,
halfway house, transitional housing facility, or other similar facility
operated for the care, treatment, or reintegration into society of
human beings; any housing owned or controlled by an educational institution
and used exclusively to house students, faculty or other employees
with or without their families; any housing operated or used exclusively
for religious, charitable or educational purposes; or any housing
owned by a governmental agency and used to house its employees or
for governmental purposes.
F.
The owner/operator of a short-term rental shall obtain a short-term
rental permit from the Township Clerk before renting or advertising
for rent any short-term rental. To obtain a short-term rental permit,
the owner/operator of a short-term rental shall submit to the Township
Clerk an application fee of $750, along with a completed short-term
rental permit application, which application form shall be provided
by the Township Clerk. Should the Township deny a short-term rental
permit, the application fee shall be refunded by the Township.
G.
The short-term rental permit, if granted, shall be valid for a period
of one year from the date of issuance and may be renewed thereafter
on an annual basis for a renewal fee of $350, to be submitted to the
Township Clerk along with an updated short-term rental permit application.
H.
Every application for a short-term rental permit shall require annual
inspections to confirm compliance with the Township's fire safety
regulations and Property Maintenance Code. In addition, each application
is subject to review to verify the dwelling unit's eligibility
for use as a short-term rental and compliance with the regulations
in this section.
I.
Parties or social gatherings of 10 or greater persons shall be a
prohibited use of short-term rentals.
J.
In accordance with N.J.S.A. 40:48F-1, there is hereby imposed a 3%
tax on the rent charged for the occupancy of a short-term rental unit
that is subject to the New Jersey State Sales Tax under N.J.S.A. 32B-3(d).
(1)
Notwithstanding any provision or requirement otherwise, a short-term
rental host must use a recognized hosting platform (e.g., Airbnb)
for the purpose of collecting and remitting the applicable room occupancy
excise to the Township. The Township Clerk shall determine which hosting
platforms are acceptable pursuant to this provision.
(2)
If, for some reason, a short-term rental host does not use a recognized
hosting platform for the purpose of collecting and remitting the applicable
room occupancy excise to the Township, then the short-term rental
host shall be responsible for collecting and remitting this tax to
the Township on a quarterly basis.
[1]
Editor's Note: This ordinance also repealed former § 54B-9,
Restrictions on occupancy; rental period, amended 3-23-2021 by Ord.
No. 2021-03.
A.
Upon the filing of a completed registration form and payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a license, indicating the applicable classification designations as provided in § 54B-4I and J, commencing on the date of issuance and expiring on the same date of the next calendar year. A registration form shall be required for each rental unit and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
B.
The Mayor and Committee or their designees shall on a yearly basis
review the number and classifications of rental properties and may
declare moratoriums on the issuance of licenses of such classification
or classifications to ensure the health and welfare of the township
and its residents.
[Amended 7-13-10 by Ord. No. 2010-10; 5-25-2021 by Ord. No. 2021-13]
A.
At the time of the filing of the annual registration form pursuant to § 54B-2, the owner or agent of the owner must pay a fee in accordance with the following:
(1)
An annual registration/license fee of $100 per owner, per rental
unit. If ownership of property changes, a one-time registration/license
fee of $100 per rental unit shall apply to the new owner of said property.
No fee shall apply to the registration required with each change in
occupancy of a rental unit.
(2)
A cost of inspection fee of $50.
(3)
A reinspection fee of $50.
B.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $50 will be assessed.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
chapter as well as with the "Truth in Renting Handbook" published
by the New Jersey Department of Community Affairs. 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. 55:31A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
A.
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 for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of Section 54B-18 of this chapter.
B.
Only those occupants whose names are on file with the township as required in this chapter may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of Section 54B-18 of this chapter.
No rental unit may be registered and no license shall issue
for any property containing a rental unit unless all municipal taxes
and any other municipal assessments are paid on a current basis.
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and with other property and building standards
set forth in the within Code.
A.
Occupants. Only those occupants whose names are on file with the
Township Clerk as provided in the chapter may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant or other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it shall constitute a nuisance as defined in the
ordinances of the Township of Montague.
C.
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 Montague and with all
applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one or more of the following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(2)
Determination of a violation of this chapter at a hearing held pursuant to Section 54B-17B herein.
(3)
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of Section 87-4, Noise, of the township.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this chapter.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedure: written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Construction Code Official,
Housing Inspector, the Zoning Enforcement Officer or any other persons
or office authorized to file such complaint. Such complaint shall
be in writing and filed with the Township Clerk or designee. The complaint
shall be specific and shall be sufficient to apprise the licensee
of the charges so as to permit the licensee to present a defense.
The individual(s) filing the complaint may do so on the basis of information
and belief and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Township Clerk or
designee shall immediately inform the Township Committee and a date
for a hearing shall be scheduled which shall not be sooner than 10
nor more than 30 days thereafter. The Township Clerk or designee shall
forward a copy of the complaint and a notice as to the date of the
hearing to the licensee and the agent, if any, at the address indicated
on the registration form. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Township
Committee unless, in its discretion, the Township Committee determines
that the matter should be heard by a hearing officer, who shall be
appointed by the Township Committee. If the matter is referred to
a hearing officer, such officer shall transmit his findings of fact,
conclusions of law, and recommendation for penalty to the Township
Committee within 30 days of the conclusion of the hearing. The Township
Committee shall then review the matter and may accept, reject, or
modify the recommendations of the hearing officer based on the record
before such hearing officer. In the event that the matter is not referred
to a hearing officer and is heard by the Township Committee, then
the Township Committee shall render a decision within 30 days of the
conclusion of the hearing. Following the hearing, a decision shall
be rendered, dismissing the complaint, revoking or suspending the
license or determining that the license shall not be renewed or reissued
for one or more subsequent license years.
(4)
The hearing shall be recorded. All witnesses shall be sworn prior
to testifying. The rules of evidence shall not be strictly applied,
and the evidential rules and burden of proof shall be those that generally
control administrative hearings.
(5)
The Township Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension, or other disciplinary action involving a rental license
by demonstrating that the owner has abated the conditions or circumstances
giving rise to the revocation proceeding, including but not limited
to the institution of legal action against the tenant(s), occupant(s)
or guest(s) for recovery of the premises, eviction of the tenant(s)
or otherwise.
Any person who violates any provision of this chapter shall,
upon conviction in the Municipal Court of the Township of Montague
or such other court having jurisdiction, be liable to a fine not exceeding
$1,000 or imprisonment for a term not exceeding 30 days, or both.
Each day that a violation occurs shall be deemed a separate and distinct
violation subject to the penalty provisions of this chapter.
The provisions of this chapter shall not apply to public housing
authorities, not-for-profit housing corporations, and rental property
restricted to housing for the developmentally disabled.
If any section, subsection, paragraph, sentence or other part
of this chapter is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in its effect to the section, subsection, paragraph,
sentence or other part of this chapter directly involved in the controversy
in which said judgment shall have been rendered and all other provisions
of this chapter shall remain in full force and effect.
The chapter shall take effect immediately upon final adoption
and publication in the manner prescribed by law.
