[Adopted 12-17-2002 by Ord. No. 2201-02]
The purpose of this article is to insure that
residential rental units are properly maintained in accordance with
the Property Maintenance, Zoning and related codes[1] as well as to protect the property and the health, safety
and welfare of Township residents and tenants.
Unless the context clearly indicates a different
meaning, the following words or phrases when used in this article
shall have the following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this article.
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 apartment or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment shall be designed
for residence, for office or the operation of any industry or business
or for any other type of independent use.
The title owners of the property and their spouse.
[Added 3-21-2017 by Ord.
No. 2849-17]
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent" where applicable.
Any person who resides in a rental unit, other than an occasional
guest.
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.
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.
Any dwelling unit, including single-family homes and owner-occupied
two-family homes, which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes, but shall not include group homes, subsidized senior citizen
housing and assisted living units.
Any title owner or spouse who has reached the age of 62.
[Added 3-21-2017 by Ord.
No. 2849-17]
The individual(s)who is/are responsible to pay rent to the
owner for a rental unit.
No person shall hereafter occupy any rental
unit nor shall the owner permit occupancy of any rental unit within
the Township of Maplewood which is not registered and licensed in
accordance with this article.
All rental units shall be registered with the
Township Clerk or designee of the Township of Maplewood or such other
person as designated by the Township Committee on forms which shall
be provided for that purpose and which shall be obtained from the
Township Clerk or designee. Such registration shall occur on an annual
basis as provided below.
The license term shall commence on March 1 and
shall be valid until February 28 of the following calender year, at
which time it shall expire and a new registration shall be required.
The initial registration shall occur by March 1, 2003. Any lease which
has been executed prior to the adoption of this article shall not
be affected, but the rental unit must nevertheless be registered,
licensed and inspected in accordance with this article. No rental
unit shall hereafter be rented unless the rental unit is registered
and licensed in accordance with this article.
[Amended 11-3-2004 by Ord. No. 2270-04]
Every owner shall file with the Township Clerk
or designee of the Township of Maplewood a registration form for each
rental unit which shall include the following information:
A.
The name, address and phone number of the record owner
or owners of the premises and the record owner or owners of the rental
business if not the same persons. In the case of a partnership, the
names and addresses of all general partners shall be provided, together
with the phone numbers for each of such individuals indicating where
such individual may be reached both during the day and evening hours.
If the record owner is a corporation, the name and address of the
registered agent and corporate officers of said corporation shall
be provided, together with the phone numbers for each of such individuals
indicating where such individuals may be reached both during the day
and evening hours.
B.
If the address of any record owner is not located
in the State of New Jersey, the name and address of a person who resides
in the State of New Jersey and who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the record owner.
C.
The name, address and phone number of the managing
agent of the premises, if any.
D.
The name, address and phone number, including the
dwelling unit number of the superintendent, janitor, custodian or
other individual employed by the owner or agent to provide regular
maintenance service, if any.
E.
The name, address and phone number of an individual
representative of the owner or agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit of dwelling space therein, including such emergencies as
the failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith.
F.
The name and address of every holder of a recorded
mortgage on the premises.
G.
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name, address and phone number
of the fuel oil dealer servicing the building and the grade of fuel
used.
H.
As to each rental unit, a specification of the exact
number of sleeping rooms and kitchen facilities contained in the rental
unit. In order to satisfy the requirement of this provision, an owner
shall submit a floor plan, which shall become part of the application
and which shall be attached to the registration form when filed by
the Township Clerk or designee.
I.
All addresses must include the full accurate street
address; P.O. box and like information does not satisfy this requirement.
J.
The name of each tenant of record, including the total
number of occupants of each rental unit designated by adults and children.
[Amended 2-1-2005 by Ord. No. 2278-05]
K.
An acceptable affidavit of fire alarm system inspection
and test for all premises where a common area automatic fire alarm
is required.
L.
An acceptable affidavit of fire sprinkler system inspection
and test for all premises where a fire sprinkler system is required.
M.
Such other information as may be required by the Township.
The Township Clerk or designee shall index and
file the registration forms. In doing so, the Township Clerk or designee
shall follow the mandates of N.J.S.A. 46:8-28.1. and N.J.S.A. 55:13A-12,
as amended and supplemented, so that the filing of the registration
form will simultaneously satisfy the registration requirements of
N.J.S.A. 46:8-28.1 and N.J.S.A. 55:13A-12 to the extent that it applied
to the property being registered and will also satisfy the registration
requirements of this article.
Every person required to file a registration
form pursuant to this article, shall file an amended registration
form within 45 days after any change in the information required to
be included thereon. No fee shall be required for the filing of an
amendment except where the tenancy of the premises is changed.
[Amended 11-3-2004 by Ord. No. 2270-04; 11-4-2013 by Ord. No. 2737-13; 3-17-2015 by Ord. No. 2772-15]
A.
Each rental unit shall be inspected at least once every twenty-four-month
period. If there are reported issues within a unit or building, then
the subject site shall be inspected once every 12 months until two
inspections have passed without critical or major issues. Appointments
for inspections shall be scheduled at reasonable times and upon notice
to the owner and tenant. Newly constructed apartments and/or dwelling
units in excess of four rental units are exempt from this inspection
for two State of New Jersey licensing periods after the certificate
of occupancy is issued, provided that there are no violations filed
with the Township Building Department and the property is properly
registered and inspected with and by the State of New Jersey as required
by the Hotel and Multiple Dwelling Code.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Maplewood, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Maplewood shall not be
used as a valid substitute.
C.
Such inspection shall be for the purpose of determining Chapter 271 (Zoning and Land Development Regulations) compliance and, to the extent applicable, to determine whether the property complies with Chapter 203 (Property Maintenance) and any other municipal code appropriate for the conditions observed.
D.
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, such property
shall not thereafter be registered, nor shall a license issue, and
the owner of the property or his agent shall not lease or rent such
property nor shall any tenant occupy the property until the necessary
corrections have been made so as to bring the property and rental
unit into compliance with the applicable code and the property is
thereafter subsequently inspected, registered and licensed. In the
event that the property is occupied when such conditions are discovered,
all such corrections shall be made within 60 days, and if not made
within that time period, the owner shall be deemed in violation of
this article, and every day that the violation continues shall constitute
a separate and distinct violation, subject to the penalty provisions
of this article.
A.
The inspection officers are hereby authorized to make
inspections to determine the condition of rental facilities and rental
units in order that they may promote the purposes of this article
to safeguard the health, safety, welfare of the occupants of rental
facilities and rental units and of the general public. For the purposes
of making such inspections, the inspecting officers after providing
five business days' notice to the tenant either by posting the notice
on the entry to the rental unit or personal service are hereby authorized
to enter, examine and survey rental facilities and rental units at
all reasonable times. The owner or occupant of every rental facility
or rental unit, upon reasonable notice, shall give the inspecting
officer free access to the rental facility or rental unit at all reasonable
times for the purpose of such inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental
facility or rental unit access to any part of such rental facility
or rental unit and at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this article or any lawful order issued pursuant
thereto.
C.
Complaints. Within 10 days of receipt of a complaint
alleging a reported violation of this article, an inspecting officer
shall conduct an inspection as herein provided.
Inspection officers shall be supplied with official
identification and shall exhibit such identification when entering
any rental facility and rental unit or any part of any premises subject
to this article. Inspectors shall conduct themselves so as to avoid
intentional embarrassment or inconvenience to occupants.
A.
Should the inspection officer be denied access, the
inspection officer may, upon affidavit, apply to the Judge of the
Municipal Court of the Township for a search warrant, setting forth
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this article may
exist on the premises, including one or more of the following:
(1)
The premises requires inspection according to the
cycle established by the Township for periodic inspections of premises
of the type involved.
(2)
Observation of the external condition of the premises
and its public areas has resulted in the belief that violations of
this article exists.
(3)
Circumstances such as age of building, type of building,
particular use of premises or other factor make systematic inspections
of such building necessary in the interest of public health and safety.
B.
If the Judge of the Municipal Court of the Township
is satisfied as to the matter set forth in such affidavit, he shall
authorize the issuance of a search warrant permitting access to an
inspection of that part or the premises on which the nuisance or violation
may exist.
C.
Where the inspection officer or his agent in possession
of an administrative warrant is refused entry or access or is otherwise
impeded or prevented by the owner, occupant or operator from conducting
an inspection of the premises, such person shall be in violation of
this article and subject to the penalties hereunder.
Upon the filing of a completed registration
form and payment of the prescribed fee, the owner shall be entitled
to the issuance of a license. A registration form shall be required
for each rental unit and a license shall issue to the owner for each
rental unit, even if more than one rental unit is contained in the
property.
[Amended 3-17-2020 by Ord. No. 2988-20]
B.
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee upon proof of age and residence.
C.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 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 article. This particular provision shall not apply to any
hotel, motel or guest house registered with the State of New Jersey
pursuant to the Hotel and Multiple Dwelling Act as defined in N.J.S.A.
55:13A-3. A copy of the registration certificate must be posted in
the kitchen of the rental unit(s).
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.
No rental unit may be registered or reregistered
and no license shall issue for any property containing a rental unit
unless all municipal taxes and sewer charges and any other municipal
assessments are paid current.
All dwelling units shall be maintained in accordance
with the Uniform Construction Code and the BOCA National Property
Maintenance Code, as adopted and amended by the Township of Maplewood.[1]
A.
Compliance with other laws. The maintenance of all
rental facilities and the conduct engaged in upon the premises by
occupants and their guests shall at all times be in full compliance
with all applicable ordinances and regulations of the Township of
Maplewood and with all applicable state and federal laws.
B.
Penalties. Any landlord, tenant or other person violating
the provisions of this section shall be subject to the penalty provisions
of this article.
[Amended 2-1-2005 by Ord. No. 2278-05; 3-21-2017 by Ord. No. 2849-17]
Any landlord or occupant who violates any provision of this
article will be liable for a fine of $100 for a first offense, $250
for a second offense, and $500 for a third or subsequent offense and/or
imprisonment for a term not exceeding 30 days. Each day that a violation
occurs shall be deemed a separate and distinct violation and subject
to penalty provisions of this article.
