2388-13 Owner Responsibility for Rental Properties.pdf

4 2388-13 LEGISLATIVE HISTORY Authority for this proposed legislation is derived from N.J.S.A. 40:48-2.12n through N.J.S.A. 40:48-2.12r (the “Authorizing Statute”), which was enacted in response to the State Legislature’s concerns regarding “disturbances, damages and public expense resulting from carelessly granted and inadequately supervised rentals to irresponsible tenants by inept or indifferent landlords.” N.J.S.A. 40:48-2.12n(a). The Authorizing Statute was amended in 2009 such that it is now applicable to “any municipality” in the State. N.J.S.A. 40:48-2.12p(a). The proposed legislation, which is modeled closely upon the Authorizing Statute as well as similar ordinances adopted in various municipalities, serves several important functions. First and foremost, in circumstances in which any particular rental property within the Township gives rise to repeated disorderly incidents, the proposed legislation will shift the cost of repressing and prosecuting such incidents from the Township to the owner of the offending rental property. Moreover, by requiring landlords to post bonds to cover such enforcement costs in appropriate circumstances, the proposed legislation will incentivize landlords within the Township to take affirmative measures to ensure that the tenants residing in their rental properties are not interfering with the peace, health, and safety of the Township. Finally, by providing for a neutral and uninterested Hearing Officer to adjudicate the proceedings authorized by this proposed legislation, and by ensuring that any security posted by a landlord shall be returned in the event that there are no further problems arising from the landlord’s rental property, the proposed legislation creates a system that is both fair and remedial.