[HISTORY: Adopted by the Mayor and Council of the Borough
of Folsom 4-13-2021 by Ord. No. 04-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 salesperson 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 salesperson of the State
of New Jersey if such person is designated by the owner as the owner's
agent.
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
or designated to be occupied for sleeping and dwelling purposes by
one or more persons, including but not limited to the owner thereof
or any of his servants, agents or employees, and shall include all
privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy thereof; and
which shall include a single-family detached residence designed for
use by one family or household unit for living and sleeping purposes.
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded.
The certificate issued by the Clerk of the Borough of Folsom
or designee authorizing the certificate holder to maintain, operate,
or otherwise conduct the business of landlord in the Borough of Folsom
attesting that the rental unit has been properly registered in accordance
with this chapter.
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.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
An apartment or dwelling unit occupied by any person or persons
other than the owner, regardless of whether there is a written or
oral agreement and regardless of whether the owner received consideration
for occupancy, regardless of whether there is a written lease, sublease
or oral understanding.
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.
A.
Registration required. No person(s), corporation or business entity
shall offer any residential property for rent, lease or let any residential
property to any person(s) without first obtaining a landlord registration
certificate from the Borough. The landlord registration form, which
is required to be completed in order to obtain a landlord registration
certificate, may be obtained from the Clerk or designee during normal
business hours.
B.
The initial registration shall occur within 30 days following the final adoption of this chapter. The initial term for the landlord registration certificate shall be for a term not to exceed 20 months, or until December 31, 2022. Thereafter, the landlord registration certificate shall be renewed annually and amended, as necessary, within 20 days of each change of ownership or occupancy of any rental unit. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter. The landlord registration certificate shall not include approval for the use and occupancy of a rental unit. Consistent with § 152-7, a continued certificate of Occupancy inspection is required for each unit. Such landlord registration certificate shall be granted or denied within 10 business days from the day of the application for the same to determine whether or not a continued certificate of occupancy (CCO), certifying that the building and premises are in compliance with all ordinances of the Borough of Folsom, shall first be obtained from the Construction Code Official or the appropriate official as designated by the governing body of the Borough of Folsom.
A.
The owner of every rental unit in the Borough of Folsom shall file
a landlord registration form with the Clerk or designee. Persons who
qualify as a senior citizen and occupy a property while renting one
to two units of the same property will be required to register but
will not be required to pay the fee. When providing a copy of same
to any other person or entity requesting same, the Borough Clerk,
Construction Code Office and all other departments of the Borough
of Folsom shall redact the names and addresses, age and gender of
the tenants.
[Amended 11-9-2021 by Ord. No. 14-2021]
B.
The landlord registration form shall be filed on an annual basis
on or before the 31st of January of each year.
C.
Without in any way intending to infringe upon the requirements of
N.J.S.A. 46:8-28, all rental units shall be registered as provided
herein. Every owner shall file with the Clerk or designee a landlord
registration form for each unit contained within a building or structure
which shall include the following information:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same person(s). In the case of a partnership, the names
and addresses of all general partners shall be provided, together
with the telephone numbers for each individual partner, 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 number for each such
individual, indicating where such individual may be reached both during
day and evening hours. If the record owner is an LLC, the name and
address of the Managing Member(s) shall be provided, indicating where
such member (or its principal officers if a corporation) may be reached
both during day and evening hours. All registration addresses shall
be physical addresses; post office boxes are insufficient.
(2)
If the address of the owner of record is not located in the Borough
of Folsom, the name, address and telephone number of a person who
resides in the Borough of Folsom and who is authorized to accept notices
from a tenant and to issue receipts therefrom and to accept service
of process on behalf of the owner of record.
(3)
The name and address of the managing agent of the premises, if any,
and the telephone number where such individual may be reached both
during day and evening hours.
(4)
The name and address of the superintendent, janitor, custodian or
other individual employed by the owner of record or managing agent
to provide regular maintenance service, if any, and telephone number
where such individual may be reached both during day and evening hours.
(5)
The name, address and telephone number of at least one individual
representative of the owner of record or managing 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 and
shall, at all times, have access to a current list of building tenants
that shall be made available to emergency personnel as required in
the event of an emergency.
(6)
The names and addresses of all holders of recorded mortgages on the
property.
(7)
The owner shall be obligated to supply the required fuel type or
energy utilized by the heating system and maintain said heating system
in good operating condition so that it can supply heat as required,
notwithstanding any contractual provision seeking to delegate or shift
responsibility to the occupant or third person, except that the owner
shall not be required to supply fuel or energy for heating purposes
to any unit where the occupant thereof agrees in writing to supply
heat to his own unit of dwelling space and the said unit is served
by its own exclusive heating equipment for which the source of heat
can be separately computed and billed for each such rental unit.
(8)
A description by number or letter and floor of each such rental unit.
(9)
The square footage of living space within each such rental unit and
the number of rooms.
(10)
Provide a detailed floor plan with the exact number of sleeping
rooms contained in each rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof. This information
shall be provided with the initial landlord registration form and
shall be updated as part of the annual renewal process should the
floor plan change. If no changes to the floor plan were made during
the course of the preceding year, then the registrant shall not be
required to submit an updated floor plan.
(11)
Whether such rental unit is equipped with a kitchen.
(12)
Whether the rental unit is equipped with a fire suppression
or fire sprinkler system, a fire extinguisher, a carbon monoxide alarm,
a smoke detector alarm, fixed fire escape ladders or systems for emergency
egress.
(13)
The term on the lease and a copy of the current continued certificate
of occupancy (CCO).
(14)
A copy of the most recent valid certificate of inspection issued
by the State of New Jersey Bureau of Housing, Department of Community
Affairs, if applicable.
(15)
A certification as to who is paying the property taxes and water/sewerage
charges.
(16)
The information referenced in Subsection C(1) through (15) hereof may be provided by attaching the landlord registration statement mandated by N.J.S.A. 46:8-28 certifying that the information contained therein remains true and accurate or, in the event of any change, amend said registration certificate accordingly.
(17)
A copy of the completed federal lead based paint disclosure
form, if applicable.
(18)
Such other information as may be prescribed by the Borough on
the appropriate landlord registration form or otherwise by ordinance
or resolution.
Every person required to file a landlord 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 has changed.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough,
which is not registered and for which a registration certificate has
not been issued in accordance with this chapter.
A.
Upon the filing of a completed landlord registration form, payment
of the prescribed fee and a satisfactory inspection, when required
and as necessary, the owner shall be entitled to the issuance of a
certificate commencing on the date of issuance and expiring on the
anniversary of the initial registration. A landlord registration form
shall be required for each rental unit, and a landlord registration
certificate shall be issued to the owner for each rental unit, even
if more than one rental unit is contained in the property.
[Amended 11-9-2021 by Ord. No. 14-2021]
B.
At the time of the filing of the registration form, the owner or agent of the owner must pay a registration fee as provided in § 152-8, Fees. After the initial registration, there shall be no fee for an amended registration regarding a change of occupancy; the registration fee for a change of ownership is as provided in § 152-8, Fees.
C.
Every owner shall provide each occupant or tenant occupying a rental
unit with a copy of the landlord registration form required by this
chapter. This particular provision shall not apply to any hotel, motel
or guesthouse 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.
This section may be complied with by posting a copy of the landlord
registration certificate in a conspicuous place within the rental
unit(s).
D.
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 for a period exceeding 29 days. Any person violating this section shall be subject to the penalty provisions of § 152-9 of this chapter.
E.
Only those occupants whose names are on file with the Borough as
required in this section may reside in the licensed premises. It shall
be unlawful for a nonregistered person to reside in said premises
and any owner, agent, tenant or registered tenant allowing a nonregistered
person to reside in said premises and the nonregistered person, shall
be in violation of this subsection.
A.
Complaint based inspections, inspection following a finding of a
nonvalid continued certificate of occupancy and/or those inspections
required as a result of a finding of no prior continued certificate
of occupancy, shall be performed by such person, persons or agency
duly authorized and appointed by the Borough pursuant to the direction
of the Construction Code Official. Inspections made by persons or
an agency other than the duly authorized and appointed person, persons
or agency of the Borough shall not be used as a valid substitute.
B.
Such inspection shall be for purpose of determining if the property
complies with the Uniform Construction Code, the current Township
Property Maintenance Code, housing code and/or building code and the
Uniform Fire Safety Act. Upon compliance the Construction Code Official
shall cause to be issued a landlord registration certificate pursuant
to the provisions of this chapter.
C.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not thereafter be registered, and the landlord of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected, approved, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 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 § 152-9 of this chapter.
[Amended 11-9-2021 by Ord. No. 14-2021]
A.
Landlord registration certificate: $50.
B.
Landlord registration certificate annual renewal: $50.
C.
Landlord registration certificate-change in ownership: $50.
D.
If the owner of a property is a senior citizen of 65 years and older
and rents out one or two units of one property: no fee.
E.
If any fee is not paid within 30 days of its due date, a late fee
of $30 shall be imposed.
Any landlord, owner or agent who shall violate the provisions
of this chapter shall upon conviction be subject to a fine not to
exceed $250 for the first offense and fines up to $750 for a subsequent
offense.
