CHAPTER 3: LANDLORD REGISTRATION
LT:3-1. Definitions
For purposes of this Chapter:
“Bureau” means the Bureau of Housing Inspection in the Department of Community Affairs.
“Building” means a structure of one or more stories, and any portion thereof, except a building specifically excluded from the Hotel and Multiple Dwelling Law, N.J.S. 55:13A-1 et seq.
“Commissioner” means the Commissioner of the Department of Community Affairs.
“Common ownership association” means an association managing the common or shared elements or interests of owners, including but not limited to a council of co-owners of a horizontal property regime, a condominium association, an association managing the common or shared elements or interests in a fee simple community, or a cooperative association.
“Department” means the Department of Community Affairs.
“Household” means more than one person, whether or not related to each other, who, together, lease the same rental premises or dwelling unit as a residence. A tenant’s “household” does not include any subtenant of the tenant.
“Landlord” means an owner of any building or project in which there is rental premises. “Landlord” also means the following owners if the owner is renting a dwelling unit to a tenant: (i) an owner of an apartment in a horizontal property regime as defined in N.J.S. 46:8A-1 et seq.; (ii) an owner of a dwelling unit in a condominium as defined in N.J.S. 46:8B-1 et seq., (iii) an owner of a dwelling unit in a fee simple community as defined in N.J.S. 40:67-23.2; (iv) an owner in a cooperative entity as defined in N.J.S. 46:8D-3; or (v) any other owner of a dwelling unit in a real property development now existing or yet to be developed. “Landlord” does not mean a cooperative corporation unless the corporation rents a dwelling unit to a person other than a proprietary shareholder of the cooperative. However, a common ownership association or cooperative corporation shall comply with the registration requirements of N.J.S. 55:13A-12 with respect to any multiple dwelling as a whole.
“Multiple dwelling” means (i) any building in which three or more dwelling units are occupied or are intended to be occupied by three or more persons or households who live independently of each other, or (ii) any group of ten or more buildings on a single parcel of land or in a project, in each of which two dwelling units are occupied or intended to be occupied by two persons or households who live independently of each other, except as excluded under the Hotel and Multiple Dwelling Law, N.J.S. 55:13A-1 et seq.
“Owner-occupied” means personally occupied as the primary residence of the owner or a member of the owner’s household if the owner has temporarily taken lodging elsewhere. “Primary residence” means the residence where the owner resides a majority of the time.
“Owner” means the person who holds record title to a building, project or dwelling unit.
"Project" means a group of buildings under common or substantially common ownership that stand on a single parcel or more than one contiguous parcel of land, and is named, designated or advertised as a common entity. The contiguity of such parcels shall not be adversely affected by public rights-of-way incidental to such buildings.
“Rental premises”, or “premises”, means one or more dwelling units or any building containing one or more dwelling units rented and occupied or intended to be occupied by a tenant for residential purposes in accordance with a written or oral lease.
“Unit of dwelling space” or “dwelling unit” means a room or rooms, floor or floors of rooms, suite, or apartment, whether furnished or unfurnished, occupied or intended or designed to be occupied for sleeping or dwelling purposes by one person, including but not limited to the owner, or by one household, including but not limited to the household of the owner.
Source: 46:8-27; new.
COMMENT
The definitions are taken from the source and from the Hotel and Multiple Dwelling Law, at N.J.S. 55:13A-3, with some modifications in language. The definitions of “household”, “owner” and “owner-occupied” are new. The term “person” is already defined in Title 1 and the definition is not repeated here.
LT:3-2. Construction and application with Hotel and Multiple Dwelling Law
a. This Chapter shall be applied and construed, where appropriate, in conjunction and consistent with the Hotel and Multiple Dwelling Law, N.J.S. 55:13A-1 et seq.
b. A landlord who has complied with N.J.S. 46:8-27et seq., or with N.J.S. 55:13A-1 et seq., with regard to any building or project, shall not be required to register the building or project again pursuant to this Chapter. After the effective date of this Chapter, a landlord who is required to file an amended certificate of registration pursuant to this Chapter, or N.J.S. 55:13A-1 et seq., or former N.J.S. 46:8-27 et seq., shall do so in accordance with this Chapter.
Source: New; 46:8-28.3.
COMMENT
Subsection a. is new and is added to clarify that the new Chapter must be read in conjunction and consistent with the Hotel and Multiple Dwelling Law, N.J.S. 55:13A-1 et seq. The Hotel and Multiple Dwelling Law applies to landlord registration in small part, but also applies to a much broader group of owners of hotels and multiple dwellings.
Subsection b. continues the substance of source section 46:8-28.3 with some changes in language.
LT:3-3. Certificate of registration; filing; exemption
a. Except as provided by subsection c. below, every landlord of rental premises as defined in this act shall file a certificate of registration on forms prescribed by the Commissioner, within 30 days after becoming a landlord.
b. If the rental premises consists of a single dwelling unit, or consists of two dwelling units neither of which is owner-occupied, the landlord shall file the certificate with (i) the clerk of the municipality in which the rental premises is located and (ii) the Bureau. The filing with the Bureau shall be accompanied by a filing fee not exceeding the filing fee for multiple dwellings established by N.J.S. 55:13A-12. If the municipality requires a filing fee, the fee shall not exceed the filing fee for multiple dwellings established by N.J.S. 55:13A-12.
c. If the rental premises consists of two dwelling units, one of which is owner-occupied, the landlord shall file a certificate with the Bureau, along with the accompanying fee, unless the premises:
(1) has been certified by a certified lead paint inspector or evaluator, to be free of lead-based paint as that term is defined by regulations promulgated hereunder and under N.J.S. 46:8-28.5;
(2) was constructed during or after 1978; or
(3) is a seasonal rental unit which is rented for less than six months duration each year.
d. If the rental premises is a multiple dwelling, the landlord shall file the certificate with the Bureau in accordance with N.J.S. 55:13A-12.
Source: New; 46:8-28; 46:8-28.5.
COMMENT
This section combines the substance of source section 46:8-28 (which applies to general registrations) with the substance of source section 46:8-28.5 (which addresses lead-paint contamination). Some changes have been made to the language of the source statutes. The portion of source section 46:8-28 that sets forth the required contents of the certificate of registration now appears in its own section, LT:3-4. The penalty provision of source section 46:8-28.5 now is included with other penalties in section LT:3-8.
Unlike its source statute, subsection a. now requires the landlord file the certificate of registration within 30 days after becoming a landlord. The source provided for filing within 30 days of the source’s effective date or at the time of creation of the first tenancy in any newly constructed or reconstructed building. Subsection c. has been modified from its source. Reference to “has been certified as having a lead-free interior by a certified inspector” has been deleted; reference is now made to the regulations that define “free of lead-based paint” as certified by a certified lead paint inspector or evaluator.
LT:3-4. Contents of certificate
The certificate of registration shall contain the following information:
(1) The name, mailing address, e-mail address, if available, and telephone number of each owner of the rental premises and, if not the same person or persons, each record owner of the rental business.
(2) If the owner of the premises or the rental business is a general partnership, the names and mailing addresses of all general partners shall be provided. In the case of a limited liability partnership, the name and address of the managing partner or agent who has the authority to act on behalf of the partnership shall be provided. In the case of a corporation, the name and mailing address of the registered agent shall be provided. In the case of a limited liability company, the names and mailing addresses of the managing members of the limited liability company shall be provided.
(3) If the address of any owner is not located in the county in which the premises are located, the name, mailing address, e-mail address, if available, and telephone number of a person who resides in the county in which the premises are located and is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the owner;
(4) The name, mailing address, e-mail address, if available, and telephone number of the managing agent of the premises, if any;
(5) The name, mailing address, e-mail address, if available, and telephone number, including the unit number, of the superintendent, janitor, custodian or other individual employed by the owner or managing agent to provide regular maintenance service, if any;
(6) The name, mailing address, e-mail address, if available, and telephone number of an individual who (i) has the authority to make emergency decisions concerning the building and any units therein, and any repairs thereto, (ii) may be reached at any time in the event of any emergency affecting the premises or any unit therein, and (iii) shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency;
(7) If fuel oil is provided by the landlord to heat the building, the name, mailing address and telephone number of the fuel oil dealer servicing the building and the grade of fuel oil used; and
(8) The date of preparation of the certificate of registration.
Source: 46:8-28; 46:8-30.
COMMENT
This section continues the substance of its source with some changes in language. Source section 46:8-30 is incorporated here and also in section LT:3-6. References are now made to other forms of business entity, such as limited liability partnerships and limited liability companies.
The requirement of source statute 46:8-28g. -- that the certificate of registration contain the name and address of every holder of a recorded mortgage -- has been deleted in the revision. It is unlikely that a landlord would be able to comply with this requirement. Even if the landlord could track what happened to the first mortgage securing the rental premises, the landlord might not be able to track what subsequently happens to that first recorded mortgage. In addition, compliance with current section 46:8-28.2 would require the landlord to amend the registration every time a mortgage is assigned or sold, a burdensome and potentially impossible task. Additionally, the purpose of listing the mortgage holder is unclear. The registration statement is intended to make available to a tenant the emergency contact information needed to address repairs and to enable the Bureau of Housing Inspection to ascertain which properties to inspect and whom to contact for those inspections. Neither purpose is served by the inclusion of information regarding a mortgage holder.
LT:3-5. Indexing and inspection of certificate; validation
a. All certificates of registration filed with the Bureau, shall be reviewed and, if found to be in conformity with this Chapter and any regulations promulgated hereunder, validated by the Bureau. The Bureau shall then issue a validated copy to the record owner, or the person who filed the original, if different than the record owner, and with respect to those rental premises for which filing with the municipality is required, to the clerk of the municipality in which the building or project is located.
b. All certificates of registration filed with the clerk of the municipality, and all validated certificates issued to the clerk by the Bureau, shall be indexed and recorded by the clerk and made reasonably available for public inspection.
Source: 46:8-28.1.
COMMENT
This section continues the substance of its source with some changes in language.
LT:3-6. Amendment to certificate of registration; filing
Every landlord required to file a certificate of registration under this Chapter shall file an amended certificate of registration within 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 of the premises is changed. The amended certificate of registration shall contain the date of its preparation.
Source: 46:8-28.2; 46:8-30.
COMMENT
This section continues the substance of its source with some changes in language. Source section 46:8-30 is incorporated here and also in section LT:3-4.
LT:3-7. Provision of copy of certificate of registration to tenant; posting; waiver of rights by agreement unenforceable
a. The landlord shall serve each tenant named in the lease with a copy of the certificate of registration required by section LT:3-3, or an amended certificate of registration required by section LT:3-6, within seven days after filing the certificate or amended certificate of registration with the clerk or within seven days after receipt of a validated certificate from the Bureau in accordance with section LT:3-5, as applicable. If the landlord has already filed a certificate of registration in accordance with N.J.A.C. 5:10-1.11a., the landlord may serve the tenant with a copy of such certificate validated by the Bureau instead of a certificate of registration required by section LT:3-3.
b. Within seven days after a new tenant enters into a lease or occupies the rental premises, whichever is earlier, the landlord shall serve upon that tenant a copy of the certificate of registration as described in subsection a.