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AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE 6PSF-I ADOPTED ON SEPTEMBER 18, 2024, TITLE XIX, RENT CONTROL, CHAPTER 2, RENT CONTROL REGULATIONS; RENT CONTROL BOARD, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, 2000, AS AMENDED AND SUPPLEMENTED, BY MAKING VARIOUS CORRECTIONS AND ADDITIONS.
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WHEREAS, the Municipal Council of the City of Newark (the “City”) adopted Ordinance 6PSF-i on September 18, 2024, making various amendments to the Title XIX, Rent Control, Chapter 2, Rent Control Regulations; Rent Control Board; and
WHEREAS, it is appropriate and necessary to amend Ordinance 6PSF-I adopted September 18, 2024, to make various corrections and additions; and
WHEREAS, the Rent Control Office is properly suited for handling the requirements of Title 18, Housing Code, Chapter 17, Rental Property Registration, including registration and inspection and the requirements for Certificates of Habitability, and, therefore, it is proper for those provisions to be incorporated into Title 19, Rent Control, Chapter 2, Rent Control Regulations; Rent Control Board; and
WHEREAS, it is appropriate and necessary to incorporate definitions from Title 18, Chapter 17 related to Rent Control and Rental Property Registration into this Ordinance; and
WHEREAS, it is appropriate and necessary to conform the registration requirements of all dwelling units, including the registration process, indexing and filing of registrations, and amendments to registration, from Title 18, Chapter 17 to those requirements of this Ordinance; and
WHEREAS, it is appropriate and necessary to conform penalties for subsequent violations for failing to register from Title 18, Chapter 17 to this Ordinance; and
WHEREAS, it is appropriate and necessary to update inspection fees from Title 18, Chapter 17, to conform and simplify the fees for inspections under this Ordinance;
WHEREAS, it is appropriate and necessary to incorporate inspections applicable to rental property registrations, including lead inspections, access to properties for inspections and repairs, and provisions for complaints, for purposes of issuing a Certificate of Habitability, incorporation of inspection officer criteria and conduct, and penalties for refusing to allow inspection officers entry into properties for inspection from Title 18, Chapter 17 into this Ordinance; and
WHEREAS, it is appropriate and necessary to incorporate prohibitions on occupancy from Title 18, Chapter 17 into this Ordinance; and
WHEREAS, it is appropriate and necessary to incorporate requirements for issuance of a Certificate of Habitability from Title 18, Chapter 17, including inspection, posting and fee requirements for obtaining same into this Ordinance; and
WHEREAS, it is appropriate and necessary to incorporate maximum number of occupants and unlawful residents requirements from Title 18, Chapter 17 into this Ordinance; and
WHEREAS, it is appropriate and necessary to incorporate prepayment of taxes and other municipal charges as a requirement for registration and issuance of a Certificate of Habitability from Title 18, Chapter 17 into this Ordinance; and
WHEREAS, it is appropriate and necessary to incorporate the requirement of adherence to other standards, namely, maintenance of dwelling units in accordance with the New Jersey Uniform Construction Code; and
WHEREAS, it is appropriate and necessary to incorporate standards regarding revocation of Certificate of Habitability from Title 18, Chapter 17 into this Ordinance; and
WHEREAS, it is appropriate and necessary to remove the requirement of an additional inspection by the Department of Engineering after a Certificate of Occupancy or a Temporary Certificate of Occupancy is issued for applications for rent control exemptions filed pursuant to Title 19, Chapter 2, Section 18 for Subsection 2, Vacant Properties or applications for removal of initial rent restrictions filed pursuant to Subsection 3, Substantial Rehabilitation; and
WHEREAS, it is appropriate and necessary to clarify the timing of the appraisal requirements under Title 19, Chapter 2, Section 18 for Subsection 2, Vacant Properties and Subsection 3, Substantial Rehabilitation, as the appraisal values are necessary to determine whether any rehabilitation or reconstruction has exceeded fifty percent (50%) of the fair market value of the dwelling.
NOW THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
SECTION 1. The foregoing Whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. Title XVIII, Housing Code, Chapter 17, Rental Property Registration, is hereby REPEALED.
SECTION 3. Title XIX, Rent Control, Chapter 2, Rent Control Regulations; Rent Control Board, is hereby amended as follows:
§ 19:2-2. DEFINITIONS.
As used in this chapter:
AGENT - 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 Owner must present a signed and notarized letter to the Rent Control Office containing the name and contact information of the Agent, as well as an acknowledgement of the Agent that the Agent will have all the same liabilities and responsibilities of the Owner under this Ordinance until that agency designation is revoked.
CERTIFICATE HOLDER - The person to whom the Certificate of Habitability is issued pursuant to this chapter. The term "certificate holder" includes within its definition the term "agent" where applicable.
CERTIFICATE OF HABITABILITY - The certificate issued by the Rent Control Office, the Rent Regulation Officer, or Designee, attesting that the rental unit is in compliance with all State and Local Laws and regulations including, but not limited to, the City’s Zoning and Land Use Regulations Ordinance, Health Laws and Regulations, Property Maintenance Code, Uniform Construction Code, Housing Code, Building Code and/or Uniform Fire Safety Act.
DWELLING - Shall mean any building, structure, trailer or land used as a trailer park, rented or offered for rent to one or more tenants, or family units, whether occupied or vacant, inclusive of dwelling units as defined herein. A dwelling shall also mean one or more buildings, structures or trailers with a common owner and operated as a single complex, and which are situated on a common lot or on adjacent lots as described in the Tax Map of the Tax Assessor of the City of Newark.
DWELLING UNIT - Shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or designed for living, sleeping, cooking and eating, bathing and toilet purposes.
LANDLORD - Shall mean an owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any housing space, or an agent or successor of any of the foregoing. As used in this chapter, this definition shall include any multiple dwelling subject to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1, et seq.
OWNER - Any person or persons, firm, corporation or officer thereof, partnership, association or trust or other legal entity who owns, operates, exercises control over or is in charge of a rental facility or dwelling.
PERSON - An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
REASONABLE TIME - Between the hours of 8:00 a.m. and 5:00 p.m. or such other time mutually agreed
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.
RENTAL UNIT - A dwelling unit which is available for lease or rental purposes in a rental facility and is meant to include a dwelling unit offered for lease or rental, including but not limited to Short-Term Rental Property, one-family homes, two-family homes, three-family homes, four-family homes, etc., as well as individual apartments located within apartment complexes.
SHORT-TERM RENTAL PROPERTY - Shall mean a rental unit that is used and/or advertised for rent as a short-term rental by transient occupants as guests. Dwelling units rented to the same occupant for more than 28 continuous days, licensed Bed and Breakfast establishments, licensed rooming or boarding houses, hotels, and motels shall not be considered Short-Term Rental Property.
§ 19:2-9.8. Registration.
a. Requirement; Forms. The Rent Control Board shall require registration of all existing and future dwelling units, including Short-Term Rentals, with the Office of Rent Control or Designee. Without infringing upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered, and a Certificate of Habitability shall be issued as provided herein. In this registration shall be included the following: the address of each dwelling unit, the name and usual address of the manager of the premises, the name and usual address of the owner or the person who is authorized to act for and on behalf of the owner for the purpose of receiving service of process and for the purpose of receiving and receipting for all notice and demands, the rent, and the housing services provided for the unit or the occupants or tenants thereof.
1. The address of each dwelling unit;
2. The name, address, daytime and evening phone numbers of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. If ownership is held by an entity other than a person or persons, the registration shall include the names, addresses, and daytime and evening telephone numbers of the members of said entity or the designated agent of said entity;
3. The name and address of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service, if any;
4. The name and address of the owner or the person who is authorized to act for and on behalf of the owner for the purpose of receiving service of process and for the purpose of receiving and receipting for all notice and demands, the rent, and the housing services provided for the unit or the occupants or tenants thereof;
5. 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;
6. The housing services provided for each rental unit or the occupants or tenants thereof;
7. Tenancy information for each dwelling unit, whether currently rented, used as a Short Term Rental, or vacant; including the apartment number, the number of rooms, whether the dwelling unit is subsidized and what amount the tenant is responsible for paying, the previous month’s rent, the month and year of increase, the CPI-U percentage for the month and year of increase, the actual amount of the increase in rent, and the current actual rent after the taken increase;
8. As to each rental unit, a specification of the exact number of bedrooms and bathrooms contained in the rental unit.
9. Any such other information as may be prescribed by the Deputy Mayor/Director of the Department of Economic Housing and Development, the Rent Control Office, the Rent Regulation Officer, or Designee.
The Board shall provide for forms for this purpose. Registration shall be completed on an annual basis.
b. Records. A copy of this registration information shall be kept at the office of the Board and shall be open for public inspection and copying. Copies of the registration form shall be kept by the landlord or his/her agent at or adjacent to any dwelling unit as well as a list of any vacant units within such building, of the date on which the unit or units of housing space most recently became vacant, and the current and immediately previous rents of the housing space. These records shall be available for inspection during normal business hours by any tenant or prospective tenant of the housing space to which they pertain.
b. Registration Process. No unrented unit shall be rented unless and until the rental unit is registered and a Certificate of Habitability is issued in accordance with this chapter. Once a rental unit is registered and a Certificate of Habitability has been issued, the registration shall be effective so long as the occupancy of the rental unit and the information necessary to obtain the Certificate of Habitability has not changed. Notwithstanding the above, Short-term Rental Property shall comply with this Section on an annual basis only.
c. Indexing and Filing of Records. The Rent Control Office, Rent Regulation Officer, or Designee shall provide a copy of each registration and the Certificate of Habitability to the Office of the City Clerk and a copy of the registration shall also be kept on file in the Office of Rent Control. The copy available at the Rent Control Office shall be open for public inspection and copying. Copies of the registration form shall be kept by the landlord or his/her agent at or adjacent to any dwelling unit as well as a list of any vacant units within such building, of the date on which the unit or units of housing space most recently became vacant, and the current and immediately previous rents of the housing space. These records shall be available for inspection during normal business hours by any tenant or prospective tenant of the housing space to which they pertain.
d. Amended Registration Forms. Every person required to file a registration form pursuant to this Chapter shall file an amended registration form within twenty (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 or occupancy of the premises is changed.
§ 19:2-18.2. Vacant Properties.
d. Requirements for Valid Petition. The petition forms provided by the Office of Rent Control shall require that the owner submit an appraisal as to the fair market value of the dwelling. The appraisal is to be completed within 90 days of the beginning of construction. The appraisal shall be issued by a member of an appraisal institute such as the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers, the American Society of Appraisers, or the independent Order of Fee Appraisers.
The petitioner shall submit copies of all permits required for the rehabilitation of the building, including, but not limited to electrical, plumbing and construction permits issued by the Construction Official, as well as a detailed rehabilitation or reconstruction plan, a copy of which shall have been filed with the Construction Official on the date of the application for the permits described herein. The plan referred to herein shall include a description of the property improvements, a cost estimate and a construction completion schedule. Where the substantially rehabilitated building involves no more than four apartment units a plan shall not be required.
Petitioner shall also submit a bona fide copy of a Certificate of Occupancy or Temporary Certificate of Occupancy for the dwelling or portion thereof in the case of a Temporary Certificate of Occupancy issued by the City of Newark, certifying that the substantially rehabilitated building or portion thereof conforms to the Zoning Ordinances of the City of Newark codified in Title XLI, Zoning and Land Use Regulations, the Uniform Construction Code of the City of Newark and State of New Jersey and all applicable health and housing codes of the City of Newark and State of New Jersey, without which the petition shall not be valid and may not be acted upon by the Rent Control Board. A continued Certificate of Occupancy shall not be allowable for these purposes.
The unrestricted initial rent that shall be charged shall appear on the petition, as well as a sworn and notarized affidavit executed by the landlord stating that he/she did not in any way, manner or method evict the prior tenants from the dwelling in question for the purpose of being considered under this section.
If a Temporary Certificate of Occupancy is issued for any portion of the building and submitted with an application for an exemption, a subsequent and separate application for exemption must be made for any remaining portions of the building. Operation of any other housing space in the remaining portions of the building not covered by the Temporary Certificate of Occupancy will not be exempt from the Rent Control Ordinance unless an exemption application is filed for those portions and is approved by the Rent Control Board. In situations where a Temporary Certificate of Occupancy is used for an exemption, the date of the beginning of the first exemption controls all subsequent filings for exemptions within the same building. In no instance shall any application be permitted beyond the two year limitation referenced in Subsection 19:2-18.2c.
The Board shall determine that the reconstruction or rehabilitation shall have been completed in accordance with the requirements of the Uniform Construction Code.
The Board shall also determine that the items described in the rehabilitation plan do not consist of items involving repairs that would be undertaken on an ongoing basis or annual basis in regard to the normal maintenance of the building. If the Board determines that any of the costs of the rehabilitation involve normal maintenance, those costs shall be disallowed in computing the cost of rehabilitation.
The determination of the Board shall also take into account an inspection conducted by a representative from the Department of Engineering after the date of the application.
§ 19:2-18.3. Substantial Rehabilitation.
Substantially reconstructed or rehabilitated dwellings shall not be restricted in initial rent charged, if the Rent Control Board has made the following determinations:
a. The Board shall determine that the cost of reconstruction or rehabilitation during a twelve-month period exceeds 50% of the fair market value of the property. The fair market value shall be established by an appraisal issued by a member of an appraisal institute such as the American Institute of Real Estate Appraisers, The Society of Real Estate Appraisers, The American Society of Appraisers, or the Independent Order of Fee Appraisers. The appraisal is to be completed within 90 days of the beginning of construction.
c. The Board shall determine that a Certificate of Occupancy or Temporary Certificate of Occupancy for the dwelling or portion thereof in the case of a Temporary Certificate of Occupancy has been issued by the City of Newark certifying that the building or portion thereof has been rehabilitated in accordance with the plan submitted to the Construction Official by the applicant and certifying that the substantially rehabilitated building conforms to the zoning ordinances of the City of Newark codified in Title XLI, the Uniform Construction Code of the City of Newark and the State of New Jersey, as well as all applicable housing codes and health codes of the City of Newark and State of New Jersey.
If a Temporary Certificate of Occupancy is issued for any portion of the building and submitted with an application for an exemption, a subsequent and separate application for exemption must be made for any remaining portions of the building. Operation of any other housing space in the remaining portions of the building not covered by the Temporary Certificate of Occupancy will not be permitted to set an unrestricted initial rent, unless and until a separate application is filed for those remaining portions and is approved by the Rent Control Board. In no instance shall any application be permitted beyond the two year limitation referenced in Subsection 19:2-18.3f.
The Board's determination shall take into account an inspection conducted by a representative from the Department of Engineering after the date of the application.
The plan referred to herein shall include a description of the property improvements, a cost estimate and a construction completion schedule.
§ 19:2-19. VIOLATIONS.
c. Any person who is convicted of violating the rental registration component of this chapter within one (1) year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by the Municipal 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 minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.
If the Municipal Court determines that violation(s) exist, the court shall not consider reducing the total amount of the penalties referred to herein until the Court has been satisfied that the violations are abated.
§ 19:2-23. APPLICATION AND INSPECTION FEES.
The following fees shall be charged for rent control applications and inspections, which shall be payable by the applicant upon presentation of the application:
f. Inspections: $5 (Per room), Maximum $100. $50 per unit. Reinspection of any unit for noncompliance $50. Failure of Owner to renew every three (3) years or upon change of tenant $100 fee per unit until registration is updated. There is no inspection fee for owner-occupied units.
§ 19:2-25. INSPECTIONS.
a. With the next yearly registration after the adoption of this Section of the Rent Control Ordinance, the owner shall permit the City to inspect each rental unit at least once every three (3) years or upon a change in occupancy of the unit.
b. Such inspections shall be performed by such person, persons or agency duly qualified, authorized and appointed by the City. Inspections made by persons or an agency other than the duly qualified, authorized and appointed person, persons or agency of the City of Newark shall not be used as a valid substitute.
c. Such inspections shall be for the purpose of determining if the property complies with all State and Local Laws and Regulations including, but not limited to, the City’s Zoning and Land Use Regulations Ordinance, Health Laws and Regulations, Health and Sanitation Code, Property Maintenance Code, Uniform Construction Code, Housing Code, Building Code, Uniform Fire Safety Act, and, when required, under §16:3-20, Lead Safe Certification Required for Rental Units.
d. Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall be registered, however a Certificate of Habitability shall not be issued, 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 and approved. Upon inspection of any rental unit, the inspector, upon finding that the rental unit contains only minor violations of this chapter which are not inimical to the health, safety and welfare of a perspective occupant so as to prohibit occupation by the same, may cause to be issued a temporary Certificate of Habitability which shall be conditioned upon the property owner, complying with the provisions of this chapter within a reasonable period of time not to exceed thirty (30) days from the issuance of such temporary certificate. Upon compliance by the property owner with the provisions of this chapter, the City’s Division of Code Enforcement shall issue a Certificate of Habitability at no additional fee. The permanent Certificate of Habitability shall be effective for the same period of time as if issued upon initial inspection. If the corrections are not made within that thirty (30) day period, the property owner or landlord shall be deemed in violation of this chapter.
§ 19:2-25.1. Access for Inspections and Repairs; Complaints.
a. All rental units subject to this chapter are subject to inspections to determine their condition in order to safeguard the health, safety and welfare of the occupants and of the general public.
b. At the time of such inspections, all rental units must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be conducted with prior, written notice to the occupant at least twenty-four (24) hours in advance of said inspections and shall be made between 8:00 a.m. and 4:00 p.m. with the consent of the occupant, who is of legal age to grant such consent, unless there is reason to believe that a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay, or where the time taken to apply for and secure the issuance of a Court Order would render ineffective the immediate action necessary to abate the condition.
c. After receiving prior, written notice of at least twenty-four (24) hours, every occupant shall give the owner of the rental unit access during reasonable hours to any part of such rental unit in compliance with any prior arrangements for such action that the tenant and owner established, including provision of any lease entered into by the parties for the purpose of making such repairs and alteration as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant thereto. Should the parties not have a written lease or prior agreement regarding such course of action, or any written lease is silent regarding such measure, then the tenant shall provide access at all reasonable times after receiving prior notice of at least twenty-four (24) hours.
d. Complaints. Within ten (10) days of receipt of a complaint alleging a reported violation of this Chapter, an inspecting officer shall conduct an inspection as hereinbefore provided.
§ 19:2-25.2. Inspection Officers; Identification and Conduct.
The City’s inspectors shall be supplied with official identification and shall exhibit such identification when entering any rental facility, rental unit, rooming house and boardinghouse or any part of any premises subject to this Chapter. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
§ 19:2-25.3. Refusal of Entry for Inspection; Court Order.
a. If the Rent Regulation Officer or Designee is unable to work with the owner to gain access to the rental unit, the City may, upon affidavit, seek a Court Order from the from the Municipal Court of the City or any other court of competent jurisdiction based upon facts and the actual conditions and circumstances that provide a reasonable basis for believing that a violation of this chapter exists, including one (1) or more of the following:
1. The premises requires inspection according to the cycle established by the City 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 chapter exist.
3. Circumstances such as age of building, type of building, particular use of premises or other factors which render systematic inspections of such building necessary in the interest of public health and safety.
b. If satisfied as to the matter set forth in such affidavit, the Judge of the Municipal Court of the City or other Court of competent jurisdiction shall authorize the issuance of a Court Order granting the City access to conduct the appropriate inspection required under this chapter.
c. Where the City or its agent, in possession of a Court Order, 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 chapter and subject to any penalty imposed by the Municipal Court for failing to comply with a Court Order as well as be subject to penalty set forth in §19:2-32 of this chapter.
§ 19:2-26. PROHIBITIONS ON OCCUPANCY.
No owner or landlord shall be permitted to lease any rental unit without first registering with the Rent Control Office or Designee in accordance with this chapter and receiving a Certificate of Habitability as provided herein.
§ 19:2-27. CERTIFICATE OF HABITABILITY.
Upon the filing of a completed registration form, payment of the prescribed fee, a satisfactory inspection by the City pursuant to Sections 19:2-25 to 19:2-25.3, and, when required, pursuant to §16:3-20, Lead Safe Certification Required for Rental Units, the owner shall be entitled to the issuance of a Certificate of Habitability commencing on the date of issuance and indicating same expiring upon a change of the occupancy of the rental unit. A registration form shall be required for each rental unit, and a Certificate of Habitability shall be issued to the owner for each rental unit, even if more than one (1) rental unit is contained in the property.
§ 19:2-28. SUPPLY AND POSTING OF CERTIFICATE OF HABITABILITY.
Supplying and posting copy of Certificate of Habitability to occupants and tenants. Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the Certificate of Habitability as required by this chapter. 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 Law as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
§ 19:2-29. MAXIMUM NUMBER OF OCCUPANTS; UNLAWFUL RESIDENTS.
Written notice of the maximum number of occupants permitted in each rental unit shall be provided to the owner. It shall be unlawful for any person to allow a greater number of persons than the maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding twenty-nine (29) days as provided for in said notice. Any person violating this provision shall be subject to the penalty provisions of § 19:2-19 of this chapter.
§ 19:2-30. PREPAYMENT OF TAXES AND OTHER MUNICIPAL CHARGES.
No rental unit may be registered, and no Certificate of Habitability shall issue for any property containing a rental unit unless all municipal taxes, water and sewer charges and any other municipal assessments are paid on a current basis.
§ 19:2-31. ADHERENCE TO OTHER STANDARDS.
All dwelling units shall be maintained in accordance with the State of New Jersey Uniform Construction Code.
§ 19:2-32. REVOCATION OF CERTIFICATE OF HABITABILITY.
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the certificate of habitability issued hereunder upon the happening of one or more of the following:
a. Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
b. Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
c. Maintaining the rental unit or units on the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.
SECTION 4: If any provision of this Ordinance or application thereof to any person(s) or circumstance is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 5. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
SECTION 5. This Ordinance shall take effect upon final passage and publications in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title XIX Rent Control, Chapter 19, Rent Control Regulations; Rent Control Board, Section 19:2-2, Definitions, by making various corrections.