ARTICLE 7. ANTI-OVERCROWDING, REGISTRATION AND
INSPECTION OF RESIDENTIAL RENTAL PROPERTIES.
PART 1. GENERAL.
* 6:7-1. Purpose.
§ 6:7-2. Definitions.
PART 2. REGISTRATION.
§ 6:7-3. Applicability of registration requirements.
§ 6:74. Registration forms; contents.
§ 6:7-5. Registration form; indexing and filing.
§ 6:7-6. Amended registration form.
§ 6:7-7, Registration and inspection fees.
§ 6:7-8. Inspections.
§ 6:7-9. Access for inspections, repairs; complaints.
§ 6:7-10. Inspection officers, identification and conduct.
§ 6:7-11. Interpretive assistance.
§ 6:7-12. Refusal of entry for inspection; use of search warrants.
PART 3. ADMINISTRATION AND OCCUPANCY.
§ 6:7-13. Prohibitions on occupancy.
§ 6:7-14. Providing registration forms to occupants and tenants.
§ 6:7-15. Maximum number of occupants; posting.
§ 6:7-16. Other occupants standards.
PART 4. PENALTIES.
* 6:7-17. Violations - Penalties.
§ 6:7-18. Severability.
§ 6:7-19. Repeal of inconsistent ordinances.
192.1
Rev. Ord. Supp. 7/05
ARTICLE 7. REGISTRATION AND INSPECTION OF RESIDENTIAL
RENTAL PROPERTIES.
PART 1. GENERAL.
Sec. 6:7-1.
Purpose.
The purpose of this Article is to ensure that residential rental units as that
term is defined in this Article are identified, properly registered with the pertinent unit and building information, inspected,
maintained and repaired, with legal occupancy and without overcrowding, in accordance with applicable State and local building,
property and health codes, and in conformance with New Jersey statutes and law so as to protect the property as well as the
health, safety and welfare of City residents. To this end, the Article shall be liberally construed to assure the provision
of decent and safe units of dwelling spaces.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-2.
Definitions.
Unless the context clearly indicated a different meaning, the following words
or phrases when used in this Article shall have the following meaning:
Agent shall mean the individual or individuals designated by the owner as the persons authorized
by the owner to perform any duty imposed upon the owner by this Article.
Apartment or dwelling shall mean any apartment,
condominium, townhouse, bungalow, cooperative, collage or any room or rooms in a rooming/boarding house or in any other dwelling
unit consisting of one 1 or more rooms occupying all or part of a floor or floors in the building, whether designed with or
without housekeeping facilities, for dwelling purposes.
Building shall mean a structure built, erected and framed of component structural parts
designed for the housing, shelter, enclosure and support of individuals which is enclosed within exterior walls on all sides.
Dwelling unit shall mean a room or rooms or suite or apartment, that occupied or intended to
be occupied for sleeping or living purposes by one 1 or more persons.
Floor area shall mean the projected horizontal area enclosed inside of walls, partitions
or other enclosing construction.
Guest means any person who visits and remains in a residential dwelling space only on an occasional,
noncontinuous and short term basis.
Local enforcing agency shall mean the City of Plainfield, Division of Inspections.
Multiple dwelling shall mean any building or structure of one 1 or more stories and any land appurtenant
thereto, and any portion thereof, in which three 3 or more units of dwelling space are occupied, or are intended to be occupied
by three (3) or more persons who live independently of each other.
Occupant shall mean any person or persons, including guests, in actual physical possession
or occupancy of a unit of dwelling space on a regular basis. The term occupant shall also mean the tenant, lessee, head of
the family or household, or other adult person or emancipated minor assuming basic responsibility for the continued renting
or occupancy of dwelling space.
Owner shall mean any person or group of persons, firm, corporation, limited liability company,
association, trust, any type of partnership or other entity, who owns, operates, exercise control over or is in charge of
a residential rental unit or facility.
Rental unit shall mean a legal dwelling unit which is available for lease or rental purposes
and is meant to include a dwelling unit offered for lease or rental, including but not limited to one 1 family homes, two
2 family homes, three 3 family homes, etc. as well as individual apartment/condominiums/townhouses located within apartment,
condominiums or townhouse complexes.
Residential rental unit or dwelling shall mean every building, group of buildings or a portion thereof
which is kept, used, and maintained, advertised or held out to be a place where living accommodations are supplied, whether
furnished, unfurnished, for pay or other considerations to one 1 or more individuals and is meant to include apartments and
apartment complexes.
Rooming unit shall mean any unit of dwelling space located within a multiple dwelling or hotel,
forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Usable floor area shall mean that part of the floor area within a unit of dwelling space that can
be considered usable for general living purposes, excluding areas devoted to built-in equipment, such as wardrobes, cabinets,
closets, kitchen units, and equipment or fixtures which are not readily available for use as floor area.
(MC 2004-82, § 1, November 15, 2004.)
PART 2. REGISTRATION.
Sec. 6:7-3.
Applicability of registration requirements.
Every owner of a residential rental unit, as indicated below, in the City of
Plainfield shall file a Certificate of Registration form either with the City
of
Plainfield or the State of New Jersey as follows:
a) In the case of a one 1 or two 2 dwelling unit non-owner
occupied
rental of premises; to the City Clerk or designee.
b) In the case of a multiple dwelling as that term is defined
in this
Article and the Hotel and Multiple Dwelling Law N.J.S.A. 55:13A-3: to the
Bureau of Housing inspection in the New Jersey Department of Community
Affairs.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-4.
Registration forms; contents.
a) In
the case of a one 1 or two 2 dwelling unit non-owner occupied rental of premises, every owner of such unit or units shall
file with the City Clerk, a certificate of registration form for each unit contained within a building or structure which
shall contain the following information:
1) 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 person in the case of a partnership, the names 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 together with the telephone number 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 limited liability company,
the name and address of the persons designated in the operating agreement together with the telephone numbers for such individuals
indicating where such individuals maybe reached both during the day and evening hours.
2) If the address of any record owner is not located in Union County, the name
and address of a person who resides in Union County and who is authorized to accept notice from a tenant or a City representative
and to issue receipts thereof and to accept service of process on behalf of the record owner;
3) The name and address and telephone number of the managing agent of the premises
indicating where such individual may be reached both during the day and evening hours.
4) The name and address and telephone number including the dwelling unit, apartment
or mom number of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent
to provide regular maintenance service, if any. For each such individual, a statement as to where each such individual may
be reached both during the day and evening hours.
5) The name, address and telephone number of an individual representative of the
owner 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 a connection there with.
6) The name and address of every holder of a recorded mortgage on the premises.
7) lf fuel oil or natural gas is used to heat the building and the owner furnishes
the heat in the building, the name and address of the fuel oil or Natural gas dealer servicing the building and the grade
of fuel oil or natural Gas used.
8) The name and address and telephone number of the solid waste hauler as well
as the number of time solid waste is removed from the property.
9) 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, the owner shall submit a floor plan outlining
and identifying each room in the unit, including the dimensions and floor location of each room, which shall become a part
of the application and which shall be attached to the registration from when filed with the City Clerk.
10) All addresses must include the full accurate street address, city and zip
code. Post Office Box addresses will not be accepted.
11) The number, including children over the age of two 2 years of all persons
occupying each rental unit. The information contained in the registration form must set forth such information as to each
rental unit within the rental property and must include all tenants in each rental unit.
b) In the case of a multiple dwelling as that term is defined in this Article
and the Hotel and Multiple Dwelling Law N.J.S.A. 55:13A-3, every owner of a residential rental unit shall file, with the New
Jersey Bureau of Housing Inspection, a Certificate of Registration for each unit contained within a building or structure
which shall include such information as prescribed by the Commissioner of the Department of Community Affairs and reflected
in such form.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-5.
Registration form: Indexing and filing.
a) Certificates of registration with respect to one 1 or two 2 dwelling non-owner
occupied residential units pursuant to N.J.S.A. 46:8-28, shall be filed with the City Clerk, or a municipal official designated
by the City Clerk on an annual basis. The Clerk or designated municipal official shall index and file the certificate and
make it reasonably available for public inspection.
b) Filings with the City Clerk or designee. Such filing shall occur within ninety
90 days following the effective date of this Article* or at the time of the creation of the first tenancy in any newly constructed
or reconstructed building. The certificate of registration form shall be as prescribed by the City Clerk or the Commissioner
of the Department of Community Affairs. The registration shall occur as follows:
No. of Units
Registration to be Completed
Non-owner occupied one and two
On or before 3/1/2005 and annually
family rental units
thereafter on or before 3/1
c) Filings under the State and Hotel and Motel Dwelling Law shall be in the manner
and form required by the Bureau of Housing in the New Jersey Department of Community Affairs.
* Editor's Note: Ordinance MC 2004-32, codified herein as Article 7 was adopted November 15, 2004.
d) No rental unit shall hereafter be rented unless the rental unit is registered
in accordance with this Article. This registration does not constitute an approval for the use and occupancy of said unit.
A certificate of occupancy and/or a certificate of compliance for each unit is also required.
e) The Director of the Division of Inspections shall at least annually obtain
validated copies of the certificates of registration from the State Bureau of Housing.
f) The Clerk or designated municipal official shall review these validated State
registration certificates and shall file, index and integrate these State certificates with the municipal registration certificates
applicable to the non-owner occupied one (1) and two (2) family units (referenced in subsection a. above.)
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-6.
Amended registration form.
Every owner required to file a certificate of registration, as described hereinabove,
shall file an amended certificate of registration within twenty (20) days after any change in the information required to
be included therein. (MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-7.
Registration and inspection fees.
At the time of the filing of the registration form, the owner
of one (1) two (2) family nonoccupied dwelling or agent of the owner shall pay a registration/inspection fee of Seventy-Five
Dollars $75.00 per unit annually. After the initial registration, the fee for an amended registration is Twenty Dollars ($20.00)
per unit.
With respect to multiple dwellings, an inspection fee of Seventy-Five
Dollars ($75.00) per unit is payable on or before March 1, 2005 and annually therafter.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-8.
Inspections.
a) All rental units shall be inspected only by persons or agencies duly authorized
by the City to conduct such inspections, and where a license is required, only by duly licensed officials. Such inspections
shall be for the purpose of determining compliance with the Uniform Construction Code, Health Code, Fire Safety Code, Nuisance
Code, Housing Code, Property Maintenance Code, Zoning Ordinance, and such other codes as may be deemed applicable and, to
the extent applicable, to determine if the rental unit complies with all State and municipal laws and ordinances, as well
as the registration requirements set forth in this Article. Inspections for Uniform Construction Code maintenance shall only
be made in cases of unsafe buildings.
b) In the case of multiple dwellings, as defined in Section 6:7-2(g), inspections
are conducted by the New Jersey Bureau of Housing inspection in the Department of Community Affairs, pursuant to its five-year
cycle of inspections, and in accordance with the Hotel and Multiple Dwelling Law (NJSA 55:13A-3). Local inspections as set
forth in Subsection © below shall also be performed.
c) Inspections of all rental units, including multiple dwelling units, shall be
conducted on at least an annual basis and may be further supplemented by additional City inspections, with such frequency
as is determined to be necessary by the Plainfield Division of Inspections on complaint, known violations or to investigate
potential violations in order to ensure that all such buildings and units therein are properly maintained and repaired, with
legal occupancy and without overcrowding, in accordance with the applicable State and local building, property and health
codes and in conformance with New Jersey statutes and regulations i.e. Uniform Construction Code, Health Code, Fire Safety
Code, Nuisance Code, Housing Code, Property Maintenance Code, Zoning Ordinance so as to protect the property as well as the
health, safety and welfare of City residents. The inspection requirements herein are in addition to any other inspections
required under State law or City ordinances.
d) Residential inspections shall not be conducted by uniform law enforcement officials
nor shall City inspectors be accompanied by uniformed law enforcement officials unless there is a reasonable concern that
violence may occur during inspection.
e) Unsatisfactory inspection. In the event that the inspections of a rental unit
does not yield satisfactory results under any of the aforementioned codes, the owner or agent shall cause all necessary repairs
or corrections to be made within the time prescribed by the applicable code or law and, if not made within that time period,
the owner shall be deemed in violation of this Article. Every day that the violation continues shall constitute a separate
and distinct violation and be subject to the penalty provisions of this Article. These penalties shall be in addition to any
other fines and penalties that may be imposed under the applicable code violated or any other State law or municipal ordinance.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-9.
Access for inspections, repairs; complaints.
a) All dwelling units, rental units, rooming houses and boarding houses subject
to this Article are subject to inspection to determine their condition in order to safeguard the health, safety and/or welfare
of the occupants of such dwelling units, rental units, rooming houses and boarding houses and the general public.
b) At the time of such inspections, all rooms in the residential rental unit or
dwelling, rooming houses and boarding houses shall be available and accessible for such inspections and, and the owner, operator
and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be
made between 8:00 a.m. and 8:00 p.m. Monday through Friday, with the consent of an occupant who is of legal age to grant such
consent or, at such hours as permitted under an administrative warrant, unless there is reason to believe that a violation
exists of a character which is an immediate threat to health or safety and requires inspection and abatement without delay,
Inspection officers shall make reasonable attempts to obtain the consent of the occupant prior to application for an administrative
warrant from the appropriate legal authority.
c) Every occupant shall give the owner of the residential rental unit or dwelling,
rooming house and boarding house access to any part of such residential rental unit or dwelling, rooming house and boarding
house in compliance with any prior arrangements for such action the tenant and owner established including any provision of
any lease entered into by the parties. Should the parties not have a written lease, prior agreement regarding such course
of action or any written lease is silent regarding such measures, the tenant shall provide access at all reasonable times
for the purpose of making such repairs and alterations as are necessary to effect compliance with the provisions of this Ordinance,
other city ordinances, State and local building, property and health codes or any other lawful order issued pursuant thereto.
d) Complaints. If a complaint alleging a violation of this Article, other City
Ordinances or State and local building, property and health codes is received by the City, the inspecting officer shall use
his/her diligent and best efforts to conduct an inspection as hereinabove provided within ten (10) days of the receipt of
the complaint.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-10. Inspection
officers, identification and conduct.
Inspection officers shall be supplied with official identification and shall exhibit
such identification when entering any residential rental unit or dwelling, rooming house and boarding house or any part of
any premises subject to his Article, other City ordinances, State and local building, property and health codes or any other
lawful order issued pursuant thereto. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience
to occupants.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-11. Interpretive
assistance.
If the owner or tenant has limited English proficiency, Code officials shall provide
interpretive services in the conduct of their inspections.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-12.
Refusal of entry for inspection; use of search warrants.
a) The inspection officer may, upon affidavit, apply to the appropriate legal
authority for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis
for believing that a nuisance or violation of this Article, other City ordinances, State and local building, property and
health codes or any other lawful order issued pursuant thereto may exist.
b) lf the Municipal or Superior Court Judge authorizes the issuance of a search
warrant permitting access for an inspection of that part of the premises on which the nuisance or violation referenced hereinabove
may exist, said warrant for access shall be executed and enforced by authorized City officials and agents.
c) Where the inspection officer in possession of an administrative warrant is
refused entry or access or is otherwise impeded or prevented by the owner, his agent or the occupant from conducting an inspection
of the premises, such person shall be in violation of this Article and subject to the penalties hereunder.
d) The Division of Inspections shall coordinate its efforts requiring inspections
of the premises with other appropriate City agencies. Any violations, as referenced above, found by the proper City representatives
shall be immediately forwarded to the Director of the Division of Inspections (not more than twenty-four (24) hours from said
noted violation).
(MC 2004-32, § 1, November 15, 2004.)
PART 3. ADMINISTRATIONAND
OCCUPANCY.
Sec. 6:7.13.
Prohibitions on occupancy.
No person shall hereafter occupy any rental unit nor shall the owner permit occupancy
of any rental unit within the City of Plainfield unless the rental unit is registered in accordance with this Article.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-14.
Providing registration forms to occupants and tenants.
Every owner shall provide each occupant or tenant occupying a rental unit with
a copy of the City registration form required by this Article. 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 Law, N.J.S.A. 55:13A-1 et
seq.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-15.
Maximum number of occupants: posting.
a) The maximum number of permitted occupants for each rental unit shall be posted
in a conspicuous area within each rental unit, on a form to be provided by the City. It shall be the owner, agent, or his
designee and the tenant's responsibility not to allow a greater number of persons in the unit than the posted as the maximum
number of occupants who can sleep or occupy the rental unit. Any person violating this provision shall be subject to the penalty
provisions of this Article.
b) Floor area (as per N.J.A.C. 5:10-22.3)
1) In all dwelling units, other than rooming units, there shall be a minimum usable
floor area for the initial occupant of one hundred fifty 150 square feet and one hundred 100 square feet additional space
for each additional occupant provided however, that children under the age of two (2) shall not be considered additional occupants.
2) In rooming units used or units intended to be used solely for transient occupant,
there shall be a minimum usable floor area of fifty (50) square feet for each occupant provided, however, that children under
the age of six (6) shall not be considered additional occupants.
3) In every rooming unit used or intended to be used for nontransient occupancy,
there shall be a usable floor area of at least eighty (80) square feet in every room occupied or intended to be occupied for
sleeping purposes by one (1) occupant and a usable floor area of at least sixty (60) square feet per occupant in every room
occupied or intended to be occupied for sleeping purposes by more than one (1) occupant, provided, however, that children
under the age of two (2) shall not be considered to be additional occupants.
4) In every dwelling unit, other than a rooming unit, every room occupied or intended
to be occupied for sleeping purposes by one (1) occupant shall have a minimum of usable floor area of seventy (70) square
feet and every room occupied or intended to be occupied for sleeping purposes by more than one (1) occupant shall have a usable
floor area of at least fifty (50) square feet for each such occupant, provided however, that children under the age of two
(2) shall not be considered to be additional occupants.
5) Kitchens, bathrooms and toilet rooms shall not be used for sleeping purposes.
6) Each and every owner, tenant and occupant of a residential rental unit or dwelling
shall comply with N.J.A.C. 5:10-22, "Occupancy Standards."
c) Only the number of occupants set forth on the registration form, as required
in this Article, may reside in the registered premises. It shall be unlawful for any additional persons to reside in said
premises. Any person, including the owner, agent or the tenant allowing more than the permitted number of occupants to reside
in said premises shall be in violation of this section and shall be subject to the penalty provisions of this Article. This
provision may be enforced against the landlord, owner, tenant or other person residing in said premises.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-16.
Other occupants standards.
a) Nuisance prohibited. No residential rental unit or dwelling shall be maintained
in a manner which constitutes a nuisance. The owner thereof is required to abate such nuisance, correct any defect and otherwise
put such premises in proper condition so as to comply with the requirements of any municipal ordinance or State law applicable
thereto in order to prevent and abate conditions harmful to the health and safety of the occupants of said unit or building
and the general public of the municipality.
b) Compliance with other laws. The maintenance of all residential rental units
or dwellings 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 City and with all applicable State and Federal laws.
(MC 2004-32, § 1, November 15, 2004.)
PART 4. PENALTIES.
Sec. 6:7-17.
Violations—Penalties.
a) Any person who violates the registration requirements of this Article shall
be subject to a fine of nor more than Five Hundred Dollars ($500.00) for each offense, recoverable by summary proceeding as
set forth in N.J.S.A. 46:8-35.
b) Any person who violates any other provision of this Article shall, upon conviction
in the Municipal Court of the City of Plainfield or such other court having a jurisdiction, be liable to a fine not to exceed
Five Hundred Dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or by a period of community service
not exceeding ninety (90) days or a combination thereof each day that a violation occurs shall be deemed a separate and distinct
violation subject to the penalty provisions of this Article.
c) Any person who is convicted of violating this Article within one (1) year of
the date of a previous violation of the same Article and who was fined for the previous violations, shall be sentenced by
a Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated
offense shall not be less than the maximum or exceed the maximum fine fixed for a violation of the Article, but shall be calculated
separately from the fine imposed for the violation of the Article.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-18.
Severability.
If any section, subsection, paragraph, sentence or other part of this Article
is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Article,
but should be confined in its effect to the section, subsection, paragraph, sentence or other part of this Article directly
involved in the controversy in which said judgment shall have been rendered and all other provisions of this Article shall
remain in full force and effect.
(MC 2004-32, § 1, November 15, 2004.)
Sec. 6:7-19.
Repeal of inconsistent ordinances.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed
only to the extent of express inconsistency. All other ordinances or parts of ordinances, including but not limited to the
Uniform Construction Code, Property Maintenance Code, Health Code, Fire Safety Code, Nuisance Code, Housing Code, Zoning Ordinance
remain in full force and effect.
(MC 2004-32, § 1, November 15, 2004.)
Rev.
Ord. Supp. 7/05
