[Added 7-3-2023 by Ord. No. 1766]
A.
The owner of any rental unit other than those exempted below in Subsection B shall be subject to the provisions of this article.
B.
The following are exempt from the provisions of § 237-23A of this article:
(1)
Rental units in owner-occupied buildings, where there are four units
or less, and at least one of these units is owner-occupied.
(2)
Rental units in newly constructed buildings which are being rented
for the first time. After the first rental, such units will be subject
to the provisions of this article.
(3)
Rental units where the owner is participating in an affordable housing
project approved by the Borough of Collingswood.
(4)
Rental units in a building whose owner has transmitted his first
sixty-day notice of his intentions to convert the building into a
condominium or cooperative and his full plan of conversion to the
Borough Clerk pursuant to N.J.S.A. 2A:18-61.8.
(5)
Any vacant property that is under agreement of sale. This exemption
shall be limited to the first three months after a property becomes
vacant. Thereafter, all provisions of this article are applicable,
and all time requirements are considered to be extended by said three-month
period.
(6)
Any vacant property that is listed for sale by a realtor or by the
owner. This exemption shall be limited to the first three months after
a property becomes vacant. Thereafter all provisions of this article
are applicable, and all time requirements are considered to be extended
by said three-month period.
A.
All dwelling units that are rental units shall be rented and occupied by a new tenant within two months after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant or tenants, except where this requirement has been waived by the Borough's Planning Board under the provisions of § 237-26 below, in which event the rental unit shall be rented and occupied within the time period specified in the waiver.
B.
All dwelling units that are not rental units but become vacant for any reason shall be occupied within two months after the property becomes vacant, except where this requirement has been waived by the Planning Board under the provisions of § 237-26 below, in which event the unit shall be occupied within the time period specified in the waiver.
A.
The owner of any rental unit which is a commercial unit and which
is vacant 30 days after the end of the preceding tenancy shall notify
the Zoning Officer within five days, in writing, of said continuing
vacancy.
(1)
"Vacancy" as it applies to a commercial unit, is defined as:
B.
The required notification shall include the following information:
(1)
The address and location of the building containing the commercial
unit.
(2)
The rent charged to the preceding tenant and rent to be charged to
any prospective tenant.
(3)
The name, address and telephone number of the owner.
(4)
The name, address and telephone number of the owner's agent
and/or resident manager, if any.
C.
No notification shall be required of the owner with respect to any
rental unit which is rented and occupied within 30 days from the end
of the preceding tenancy.
D.
The owner or other representative of any rental unit that has not
been previously rented which is vacant for more than 30 days shall
notify the Zoning Officer within five days, in writing, of such vacancy.
Such notification shall include the name, address, telephone number
of the owner and any other relevant information, such as identification
of attorney, estate or relatives with knowledge of status of ownership.
A.
Within 30 days after notification as required under § 237-25 above, the owner of a rental unit shall notify the Zoning Officer that the rental unit has been rented and occupied with the names of the new tenant or tenants and the terms of the tenancy. Failure to rent the rental unit or failure to occupy it within 60 days after the end of the preceding tenancy, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article, and subject to penalties set forth in § 237-29 below.
B.
Within 30 days after notification as required under § 237-25 above, the owner of a rental unit which is a dwelling unit shall notify the Zoning Officer that the rental unit has been rented and occupied, with the names of the new occupant or occupants. Failure to have the rental unit occupied within 60 days from the time that it became vacant, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article, and subject to the penalties set forth in § 237-29 below.
A.
An owner may seek a waiver of the requirement to rent a rental unit
within 60 days of the end of the preceding tenancy where the condition
of the rental unit is such or such other circumstances exist so that
the owner is not able to meet the time period requirement. The request
for a waiver requires the owner to submit a request, in writing, to
the Zoning Officer for consideration by the Planning Board no more
than 30 days from the end of the preceding tenancy, setting forth
with specificity:
B.
The owner shall provide the Zoning Officer with documentation such
as code violation reports, engineering or inspection reports and a
detailed plan for renovations to the rental unit with the waiver request.
Any waiver granted by the Planning Board shall specify a date by which
the rental unit shall be available for rent and occupancy. The Planning
Board may extend the date upon written request of the owner, but may
not provide more than two such extensions of not more than 60 days
each.
C.
In no event shall any waiver, including extensions, exceed six months
from the time of granting of the initial waiver.
D.
In determining if a waiver shall be granted by the Planning Board,
the Board, in its sole discretion, shall consider the following factors:
(1)
An owner that wishes to maintain a vacant unit in order to reserve
the rental unit for a family member. The owner shall provide in the
waiver request full documentation, such as the name of the future
tenant, and the anticipated date of occupancy.
(2)
An owner wishes to maintain a vacant unit in order to improve the
conditions of the rental unit. The owner shall provide full documentation
in the waiver request, such as current building and housing inspection
reports, proposed plans for renovations to the rental unit, all related
permits and the date by which the rental unit shall be rented and
occupied.
(3)
An owner maintains a vacant unit in order to correct code violations
in the rental unit. The owner shall provide in the waiver request
full documentation, such as code violation reports, correction plans,
permits and the date by which the unit shall be rented and occupied.
E.
In the case of properties that have not been previously rented, an
owner may seek a waiver of the requirement to have the dwelling unit
or commercial unit occupied within 60 days from the time that it became
vacant where the condition of the unit is such or such other circumstances
exist so that the owner is not able to meet the time period requirement.
The request for a waiver requires the owner to submit a request, in
writing, to the Zoning Officer for consideration by the Planning Board
no more than 30 days from the time that the unit became vacant, setting
forth with specificity:
(1)
The reasons that the rental unit cannot be occupied within such time
period.
(2)
The action that the owner will take to remedy the existing conditions
at the rental unit that prevent the Owner from meeting the time period
requirement that make it impossible to occupy the unit.
(3)
The date by which the rental unit shall be available for rent.
Any individual affected by the action or inaction by an owner
of a dwelling unit or commercial unit subject to the provisions of
the article, any civic organization and any municipal agency may file
a complaint of violation of this article with the Collingswood Municipal
Court.
A.
A first violation of §§ 237-23 through 237-27 of this article, or the conditions upon which a waiver has been granted by the Board, shall be punishable by a fine of not more than $500 for each unit in violation. Subsequent violations shall be punishable by a fine of not less than $100 nor more than $500. Each day during which an owner is in violation of § 237-23 of this article, or the conditions upon which a waiver has been granted, shall constitute a separate violation hereunder.
