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AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 18, HOUSING CODE, CHAPTER 17, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ESTABLISH ADDITIONAL REQUIREMENTS FOR CERTIFICATES OF HABITABILITY AND STRENGTHEN ENFORCEMENT THROUGH REVOCATION.
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WHEREAS, the City of Newark requires rental units to be registered and inspected to ensure compliance with applicable housing, health, and safety standards; and
WHEREAS, the issuance of a Certificate of Habitability confirms that a rental unit is fit for occupancy and complies with State and local laws; and
WHEREAS, the City has a responsibility to ensure that rental properties are maintained in a safe and habitable condition not only at the time of occupancy, but throughout the duration of tenancy; and
WHEREAS, the City has identified the need to strengthen accountability by ensuring that it is dealing directly with property owners and not solely with agents or management companies; and
WHEREAS, the City further finds that additional verification measures are necessary where there is a demonstrated pattern of non-compliance based on documented violations; and
WHEREAS, the City intends to establish clear and consistent standards for ownership disclosure, compliance certification, and enforcement to protect residents and promote uniform application of the law.
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.
18:17-12, Certificate of Habitability, is hereby amended to add a new subsection as follows:
18:17-12(b) - Additional Requirements for Issuance
As a condition of issuance of a Certificate of Habitability, the property owner shall disclose the identity of all individuals or entities with a direct or indirect ownership interest of ten percent (10%) or more in the property, as well as any individual or entity that exercises control over the property or rental operations, regardless of ownership percentage. Disclosure shall not be satisfied by listing a property manager or managing agent alone.
The property owner shall certify that the property is in compliance with all applicable housing, health, and safety codes and that there are no outstanding violations affecting habitability.
The City may deny or withhold issuance of a Certificate of Habitability where:
(i) Required ownership disclosure has not been provided; or
(ii) The property has outstanding violations affecting habitability; or
(iii) The owner has failed to demonstrate good faith efforts to correct conditions impacting the safety and welfare of residents.
The provisions of this subsection shall apply in addition to all other requirements set forth in this section.
The requirements set forth herein shall be supplemental to all other registration, disclosure, inspection, enforcement, and Certificate of Habitability requirements contained within Title 19 and any other applicable provision of the Code of the City of Newark.
To the extent any conflict exists between the provisions of this subsection and any more general disclosure or registration provision contained elsewhere in the Code, the more specific requirements of this subsection shall control with respect to Certificate of Habitability eligibility, compliance verification, and enforcement.
Section 2.
18:17-19, Revocation of Certificate of Habitability, is hereby amended to add a new subsection as follows:
18:17-19(d) - Additional Enforcement and Verification
A property owner may be determined by the City to be non-compliant under this section based on documented records demonstrating one or more of the following:
(i) Multiple housing, health, or safety violations within a 12-month period, including violations that remain open or recurring;
(ii) Outstanding violations not corrected within the time required by law or City notice;
(iii) Violations affecting habitability, including but not limited to heat, hot water, structural integrity, or other conditions impacting the safety and welfare of residents;
(iv) Failure to comply with notices, orders, or directives issued by the City; or
(v) A pattern of violations across multiple properties within the City.
The determination of non-compliance shall be based on City records and may consider the nature, severity, frequency, and duration of violations.
Where a property owner has been determined to be non-compliant, the City may require additional verification as a condition of continued occupancy, including in-person submission by the owner or an authorized representative and the provision of additional documentation.
This requirement shall be applied based on documented compliance history and in a manner consistent with all similarly situated property owners.
Nothing herein shall be construed to limit the City’s authority to revoke or suspend a Certificate of Habitability pursuant to this section.
Section 3.
Any ordinance or parts of any ordinance inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 4.
If any Section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 5.
This Ordinance shall become effective upon its passage and publication pursuant to law.
STATEMENT
This Ordinance amends Title 18, Chapter 17 of the Revised General Ordinances of the City of Newark to establish additional requirements for the issuance of Certificates of Habitability and to strengthen enforcement through revocation provisions, including ownership disclosure, compliance certification, and additional verification for non-compliant property owners.