ORDINANCE #1953

An Ordinance of Bernards Township in Somerset County, New Jersey,

Amending the General Ordinances, Chapter IV entitled “General Licensing”,

to Add New Section 4-12 entitled “Landlord Registration”

NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Bernards, County of Somerset State of New Jersey as follows:

Section 1. Chapter IV entitled “General Licensing” of the Bernards Township General Ordinances is hereby amended to add new Section 4-12 entitled “Landlord Registration” as follows:

SECTION 4-12

Landlord Registration

§ 4-12.1 Registration Required.

a. Every landlord renting residential property located within the Township shall, within 30 days of the first tenancy, file a certificate of registration in accordance with the provisions of N.J.S.A. 46:8-28, as may be amended from time to time, with the Development Control Officer/Housing Administrator and provide a copy of the certificate simultaneously to the tenant. The certificate of registration filed shall follow the form below.

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TO: Development Control Officer/Housing Administrator

Bernards Township Engineering Department

277 South Maple Avenue

Basking Ridge, New Jersey 07920

CERTIFICATE OF REGISTRATION

Landlord’s Statement

Pursuant to the requirements of the New Jersey Landlord Act, N.J.S.A. 46:8-27 et seq. and this Section 4-12, I hereby file the following registration statement with your office for the residential property located at:

__________________________________

(street address)

__________________________________

(block and lot)

in Bernards Township, Somerset County.

1. Name and address of the owner of the rental property:

_____________________________________________________________________

If the property owner is a partnership, the names and addresses of all general partners:

_____________________________________________________________________

If the property owner is a corporation or limited liability company:

a. Name and address of registered agent of the corporation or LLC:

_____________________________________________________________________

b. Name and address of officers of the corporation, or members of the LLC:

_____________________________________________________________________

2. Name and address of the owner of the operating rental business, if different than the property owner:

_____________________________________________________________________

3. If the address of any of the property owners is not in Somerset County, provide the name and address of a person who resides in Somerset County who is authorized by the property owner to accept and sign a receipt for notices from tenants, and is further authorized to accept service of process on behalf of the property owner:

_____________________________________________________________________

4. Name and address of the managing agent for the property (if other than property owner):

_____________________________________________________________________

5. Name, address (including unit, apartment, room number) and phone number of maintenance employee, i.e., superintendent, janitor, custodian or other individual employed by the property owner or managing agent to provide regular maintenance service:

_____________________________________________________________________

6. Name, address and telephone number of emergency representative of the property owner or managing agent to be available 24 hours per day, who may be reached or contracted at any time in the event of an emergency affecting the property, 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 with the property, and who shall further have at all times access to a current list of all tenants for the property which list shall be made available to emergency personnel as required in the event of an emergency:

_____________________________________________________________________

7. Name and address of all holders of recorded mortgages for the property:

_____________________________________________________________________

8. If fuel oil is used to heat any building on the property, and the landlord furnishes the heat for any building, the name, address and telephone number of the fuel oil dealer servicing the building and the grade of fuel oil used:

_____________________________________________________________________

9. Landlord is to initial on each line below to certify compliance with each notice requirement:

a. ______________ CRIME INSURANCE

Landlord has provided notice, by copy of this Statement, to Tenant as a resident of the property, that, as required by New Jersey law (N.J.S.A. 46:8-39), under Title VI of the Housing and Urban Development Act of 1970, the Federal Government is subsidizing crime insurance in order to make the same available to Residents in the State of New Jersey. Landlord has notified Tenant as follows:

“Tenant may be eligible to purchase this insurance from the SAFETY MANAGEMENT INSTITUTE, located in Washington, D.C. Tenant may contact this company directly to obtain an application and further information. Tenant may call the following toll free number: (800) 638-8780. Crime insurance is available for tenants in all habitable property through the New Jersey Underwriters Association, Crime Insurance Indemnity Plan. To apply for crime insurance, contact the New Jersey Underwriters Association, Crime Insurance for Habitable Property, 744 Broad Street, Newark, New Jersey, 07102 directly for an application.”

b. _______________ TRUTH IN RENTING.

Landlord has provided the Truth in Renting information to Tenant, required to be provided by New Jersey law (N.J.S.A. 46: 8-45). Landlord affirms compliance with New Jersey law (N.J.S.A. 46:8-46) that requires landlords to provide a copy of the New Jersey Truth in Renting pamphlet (a 26-page pamphlet) to all tenants with a rental term of at least one month who are renting a house, duplex, condominium, or apartment with at least three units (unless the landlord lives in one of the three apartments). Any landlord who fails to provide the tenant with this pamphlet shall be liable to a penalty of not more than $100 for each offense.

c. ________________ SECURITY DEPOSITS.

In accordance with New Jersey law (N.J.S.A. 46:8-19), Landlord has provided notice to Tenant, by copy of this Statement, as follows:

“Landlord will pay Tenant interest on Tenant's security deposit, less any service fee charged by the bank or investment company. Interest will be paid annually on the anniversary of Tenant's Lease in cash or as a credit towards rent due. Further, Landlord will annually notify Tenant of certain information concerning the security deposit: the name of the bank where the security deposit is held, the type of account in which the funds are deposited, and the account's interest rate. Landlord is prohibited from increasing the amount of the security deposit by more than ten (10%) percent per year.”

I certify that the foregoing statements made by me are true and accurate to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

By: ___________________________ (sign) Date: __________________________

Print Name: _________________________

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b. An amended certificate of registration shall be filed by the landlord within 20 days after any change in the information required in the certificate, in accordance with the provisions of N.J.S.A. 46:8-28.2, as may be amended, with the Development Control Officer/Housing Administrator and shall also provide a copy of the amended certificate of registration to the tenant.

Section 2. All other ordinances in conflict or inconsistent with this ordinance are hereby repealed, to the extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township of Bernards, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Township of Bernards are hereby ratified and confirmed, except where inconsistent with the terms hereof.

Section 3. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared severable.

Section 4. Interpretation: This Ordinance shall be so construed as not to conflict with any provision of New Jersey or Federal law.

Section 5. This ordinance shall take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey.

TOWNSHIP OF BERNARDS

PUBLIC NOTICE

Ordinance #1953 was introduced and passed on first reading by the Township Committee of the Township of Bernards in the County of Somerset on 5/15/07 and then ordered to be published according to law. It will be further considered for final passage and adoption at a public hearing held at a meeting of the Township Committee at the Municipal Building, 1 Collyer Lane, Basking Ridge, NJ in said township on 6/12/07, at 7:30 P.M., when and where, or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. A complete text of this ordinance is available in the Office of the Municipal Clerk, 1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M. to 4:30 P.M., Monday through Friday. Copies are also available via e-mail from dszabo@bernards.org.

By Order of the Township Committee

Denise Szabo, Municipal Clerk

TOWNSIHP OF BERNARDS

PUBLIC NOTICE

Notice is hereby given that Bernards Township Ordinance #1953 was introduced and passed on first reading at a meeting of the Township Committee, on 5/15/07, and was passed on final reading and adopted following a public hearing thereon at a regular meeting of the Governing Body of the Township of Bernards on 6/12/07.

By Order of the Township Committee

Denise Szabo, Municipal Clerk