N.J. Admin. Code § 5:10-1.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:10-1.11 - Certificate of registration

(a) The owner of each hotel, retreat lodging facility, or multiple dwelling shall file with the Bureau of Housing Inspection, an application for a certificate of registration.

(b) Each such application shall be accompanied by a registration fee of $ 100.00 for each building in a project. Amendments made during the year to maintain the accuracy of the certificate shall not require additional fees.

(c) An application for the certificate of registration for each project shall include:

1. The name, address and telephone number of said owner;

2. Such description of each hotel, retreat lodging facility or multiple dwelling, by street number or otherwise, as will enable the Bureau easily to locate the same;

3. The name, address, and telephone number of the agent appointed by said owner pursuant to (h) below for the purpose of receiving service of process and other orders or notices;

4. The name, address and telephone number of the person, association or corporation, if any, which manages or operates such hotel, retreat lodging facility or multiple dwelling for or on behalf of said owner;

5. The name and address of any mortgage holder of record;

6. Whether or not the property is being registered for the first time and, if not, the date of transfer to the present owner;

7. Whether the owner is a corporation, partnership, individual(s), or some other entity;

8. Whether the building is a hotel, a retreat lodging facility or a multiple dwelling;

9. The number of dwelling units in the building;

10. The number of stories;

11. The year, or approximate year, of construction;

i. If the building is a multiple dwelling constructed after 1977, a copy of the certificate of occupancy or other proof of the date of construction that is acceptable to the Bureau shall be provided. Submission of proof of the date of construction for a building previously registered by the owner shall be deemed to be an amendment of the certificate of registration, for which no fee shall be charged;

12. The municipality and county in which the property is located;

13. The name and address of any person other than the record owner of the property who controls the property pursuant to a net lease or otherwise;

14. If the owner of record is an entity required to file a certificate of business formation with the State of New Jersey, the name and address of the registered agent, each officer, and the certificate of formation or authorization;

15. If the record owner is a partnership, the name and address of each partner who is not exclusively a limited partner;

16. The name and address of a person who resides or has an office in the county in which the property is located who is authorized to accept notices from tenants and to issue receipts therefor and to accept service of process on behalf of the record owner;

17. The name and address, including the dwelling unit, apartment or room number, of any person employed by the owner or managing agent to provide regular maintenance service;

18. The name, address and telephone number of an individual representative of the owner or managing agent who may be contacted at any time and who has authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith;

19. The name and address of the fuel oil supplier, if any, and the grade of fuel oil used; and

20. In the case of a multiple dwelling constructed before 1978, a list of units that have been certified to be free of lead-based paint or to have a lead-free interior, to be a seasonal rental unit rented for less than six months' duration during each year, or to be occupied by the owner of the unit shall be appended. In the case of a unit certified to be free of lead-based paint or to have a lead-free interior, a copy of a certification by a certified evaluation firm shall be attached. Submission of the information and documentation required pursuant to this paragraph for a building previously registered by the owner shall be deemed to be an amendment of the certificate of registration for which no fee shall be charged.

(d) Upon the receipt of said application and fee, the Bureau shall review the application. Upon approval, the Bureau shall issue to the owner of such hotel, retreat lodging facility, or multiple dwelling, a certificate of registration, which shall be kept posted in a conspicuous location by the owner of such hotel, retreat lodging facility, or multiple dwelling. The certificate of registration shall be valid for one year.

(e) The application and certificate of registration shall be in such form as prescribed by the Commissioner.

(f) Each owner shall annually recertify that the information on the certificate of registration is current and accurate. Where amendments to the information on the certificate of registration are necessary, the owner shall amend the information and confirm its accuracy.

1. The annual certification shall be required on or before the expiration date of the current certificate.

2. The annual certification shall be valid for one year from the anniversary date of the issuance of the certificate of registration.

3. Each annual certification shall be accompanied by a recertification fee, as follows:

i. The recertification fee shall be $ 25.00 per building for up to four buildings.

ii. The total cost of recertification shall not exceed $ 100.00, regardless of the number of buildings.

(g) An owner shall file an amendment to the certificate of registration within 20 days after any change in the information required to be included thereon. Amendments made during the year to maintain the accuracy of the certificate shall not require additional fees.

(h) The owner of each hotel, retreat lodging facility, or multiple dwelling shall appoint an agent for the purpose of receiving service of process and such orders or notices as may be issued by the Bureau of Housing Inspection pursuant to the Act. If the agent is a corporation, it shall be licensed to do business in this State.

(i) In the case of any transfer of the ownership of any hotel, retreat lodging facility, or multiple dwelling, whether by sale, assignment, gift, intestate succession, testate devolution, reorganization, receivership, foreclosure, or execution process, it shall be the duty of the new owner to file with the Bureau of Housing Inspection, within 20 days of said transfer, an application for a certificate of registration pursuant to (a) above and to appoint an agent for the service of process pursuant to (h) above. The transferrer shall, within 30 days of such transfer, return to the Bureau of Housing Inspection, a validated copy of the certificate of registration, indicating the name and address of the new owner.

(j) Pursuant to N.J.A.C. 5:23-2.24(e), the certificate of registration shall be issued prior to the issuance of a certificate of occupancy for any newly constructed hotel, retreat lodging facility, or multiple dwelling subject to the Act.

(k) Every application for a certificate of registration shall be certified by at least one individual owner or, in the case of a partnership, corporation, or other entity, by a duly authorized representative of the owner, in which case the certifier's relationship to the owner shall be stated.

(l) Failure to register or recertify shall mean the certificate of registration has expired and shall be subject to penalty, as follows:

1. The Commissioner shall notify the owner of the violation of this section and order that registration be completed within 30 days. When an owner fails to comply with the order of the Commissioner within 30 days, he or she shall be liable for a penalty of $ 200.00 for each registration ordered by the Commissioner.

i. The Commissioner may issue a certificate to the clerk of the superior court that an owner is indebted for the payment of such penalty. The clerk shall enter upon the record of docketed judgements the name of the owner, and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty, and the date the certification was made. The making of the entry shall have the same force and effect as the entry of the docketed judgement in the office of such clerk, and the Commissioner shall have all of the remedies and maintain all of the proceedings for the collection thereof, which may be had or taken upon the recovery of a judgement in a civil action, but not without prejudice to the owner's right of appeal.

N.J. Admin. Code § 5:10-1.11

Amended by R.1971 d.60, effective 4/23/1971.
See: 3 N.J.R. 77(a).
Amended by R.1978 d.289, effective 8/17/1978.
See: 10 N.J.R. 222(a), 10 N.J.R. 378(b).
Amended by R.1981 d.95, effective 3/11/1981.
See: 12 N.J.R. 383(d), 13 N.J.R. 189(d).
Recodified April 9, 1981 from N.J.A.C. 5:10-1.28.
Administrative Correction to (g).
See: 22 N.J.R. 921(a).
Amended by R.1990 d.230, effective 5/7/1990.
See: 22 N.J.R. 275(b), 22 N.J.R. 1354(a).
Application of rule extended to cover retreat lodging facilities; references to application deleted.
Amended by R.1993 d.464, effective 9/20/1993.
See: 25 N.J.R. 2627(a), 25 N.J.R. 4482(a).
Amended by R.2005 d.144, effective 5/16/2005.
See: 36 N.J.R. 2106(a), 37 N.J.R. 1754(c).
In (c), inserted "of registration" following "certificate" in the introductory paragraph, added i in 12, and added 21.

Amended by 55 N.J.R. 1687(a), effective 8/7/2023