1. home and garden

“C.Y.A. (Cover Your…)
When Qualifying New Tenants in
New Jersey, PART I
PREPARED FOR
MREIA
PREPARED BY:
EHRLICH, PETRIELLO, GUDIN & PLAZA
NEW YORK
NEWARK
MORRISTOWN
DEREK D. REED, ESQ.
EHRLICH, PETRIELLO, GUDIN & PLAZA, P.C.
60 PARK PLACE, SUITE 1016
NEWARK, NJ 07102-5504
DIRECT. 973-854-6710
FAX. 973-596-1781
[email protected]
www.epgp-law.com
July 16, 2012
QUALIFYING A TENANT
Rental Application
I
(We)
the
undersigned
hereby
apply(s)
for
occupancy
for
an
apartment acknowledge and understand that this Rental Application
shall become a part of the Rental Agreement between the parties
and that this Rental Application shall become part of the Rules
and Regulations between the Landlord and Tenant in the event that
a tenancy relationship is established.
Type and size of Apartment Wanted_______________________________
Desired Date of Occupancy_______________________________________
Applicant’s Full Name___________________________________________
Date of Birth_________________ Martial Status___________________
Other Residents
Relationship
Age
Do you own your own furniture?___________________________________
Other Remarks____________________________________________________
No Pets
Tenant acknowledges and understands that no pets of any nature whatsoever will
be
allowed
in
the
apartment,
in
the
event
a
tenancy
relationship
is
established, at any time, and that same constitutes a violation of the Rules
and Regulations as well as the conditions of the tenancy.
Residence History
Present Address__________________________________________________
Present Telephone_________________________
Length of time at present address_________________
Present Landlord or Mortgage Holder______________________________
Amount of Rent $___________ Reason for Moving____________________
Previous Address_________________________________________________
Length of time at previous address_______________________________
Previous Landlord or Mortgage Holder_____________________________
2
Amount of Rent $__________ Reason for Moving_____________________
Employment Information
Employed By_________________________ How Long?___________________
Employer’s Address_________________________ Telephone____________
Position Held____________________________________________________
Social Security_______________________ Supervisor________________
Co-Resident’s Employer____________________ How Long?_____________
Position Held____________________________________________________
Social Security_____________________ Supervisor__________________
Banking and Credit References
Bank______________________________ Branch_____________________
Checking Account#_____________________________________________
Savings Account#______________________________________________
Credit Reference_____________________ Account#________________
Address_______________________________________________________
Reference_____________________ Account#________________
Address_______________________________________________________
Reference_____________________ Account#________________
Address_______________________________________________________
Credit
Credit
Other Information
Number of Automobiles(Including Company cars)____________________
Driver’s
License_________________________________________________
Credit Reference_____________________ Account#________________
Address_______________________________________________________
Make______________ Year______ Color_______ Tag#______ State______
Make______________ Year______ Color_______ Tag#______ State______
Household Income $______________ Per__________________________
In case of personal Emergency, Notify, _______________________
Relationship__________________________________________________
Address______________________________ Telephone_______________
__________________________
Applicant’s Signature
__________________________
Co-signed
__________________________
Date signed
3
Obtaining a detailed residence history, employment information, and credit
references is suggested.
This information is useful to corroborate the prospective
tenant's reason for wanting to rent a new apartment. If an applicant refuses to provide
information, it should be a tip-off that they may have had a problem with a previous
landlord. The credit information also proves useful when a tenant moves out owing the
landlord money for rent or damages.
Just as important as obtaining information from a prospective tenant is verifying
that information. This can usually be done with a few phone calls. If a landlord prefers
to have an independent background check conducted on an applicant, there are several
experienced companies that provide such information. The short turn-around time and
modest cost is usually well spent to avoid a problem tenant. These companies can also
help locate a tenant that vacates the rental premises owing the landlord money if the
landlord seeks to pursue collection.
If you are familiar with the Internet, you can visit the web site of the Knowx
Company at www.knowx.com. Through their links to various databases, you can easily
find a variety of facts about individuals and businesses including Bankruptcy filings,
adverse judgments, liens, UCC filings, and involvement in litigation.
From a landlord’s perspective, it is also very important to have a detailed Rental
Application and, in the case of residential property, a written Rental Policy. The more
information a prospective tenant provides the better position a landlord is in to make a
judgment of the applicant’s veracity. Although discrimination based upon race, sex,
color, creed, national origin, ancestry, marital status, or physical or mental handicap is
4
prohibited, there are many valid criteria that may be considered.
One of the most
important criteria is income. Using income as a qualifying criterion is one permitted
factor a lessor can take into account in determining if the applicant is appropriately
suited to fill the vacancy in question.
Uniformly applying rental criteria to applicants is critical when seeking to
avoid liability for discrimination.
The Fair Credit Reporting Act (FCRA)
Landlords who use consumer reports to evaluate rental applications must comply
with the Fair Credit Reporting Act (FCRA). This Act protects the privacy and ensures
that the information supplied by consumer reporting agencies is as accurate as
possible.
One of the requirements of the law: If a landlord denies a rental application
based on information in an applicant’s consumer report, the landlord must provide an
“adverse action notice” telling the person the reason for the denial.
A “consumer report” may contain information about a person’s credit history,
character, general reputation, rental history and lifestyle. Specifically, it may include:
Credit information from a credit bureau, such as Trans Union, Experian and Equifax
or an affiliate company;
Information from a tenant-screening service that describes the applicant’s rental
history based on reports from previous landlords, eviction files or housing court
records.
A report from a reference-checking service that contacts previous landlords or other
parties listed on the rental application on behalf of the rental property owner.
5
To be covered by the FCRA, a report must be prepared by a consumer reporting
agency — a business that assembles such reports for other companies. The most
common type of agency is a credit bureau.
When a prospective tenant fills out a rental application, it's common for landlords
to ask for personal, employment, and previous landlord references. When dealing with
references, keep in mind that a reference verified by a landlord is not covered by the
FCRA. However, the law covers a reference verified by an agency hired by the landlord
to conduct the verification.
An “adverse action” is any action a landlord takes that is unfavorable to the rental
applicant’s interests . Some common examples:
Denying an application.
Requiring a co-signer on the lease.
Requiring a deposit that would not be required for another applicant or
requiring a larger deposit.
Raising the rent to a higher amount than another applicant would be
charged.
Let's say that adverse action is taken, which is based solely or partly on
information in an applicant's consumer report. The FCRA requires you to provide a
notice to the consumer that must include:
6
1. The name, address and telephone number of the agency that supplied the
consumer report, including a toll
toll-free
free telephone number for credit reporting agencies
that maintain files nationwide.
2. A statement explaining that the credit reporting agency supplying the report did
not make the decision and cannot give the specific reasons for it.
3. A notice explaining the individual’s rights to dispute the accuracy or
completeness of any information the credit reporting agency furnished and the
consumer’s right to a free report from the agency upon rrequest within 6 0 days.
Landlords who fail to provide required disclosure notices can be sued for court
costs, reasonable legal fees and punitive damages. Additionally, the Federal Trade
Commission and other federal and state agencies can sue landlords for non-compliance
non
and obtain civil penalties.
Lease Application
Obtaining a detailed rental history, income/employment information, and credit
references is suggested.
This information is useful to corroborate the prospective
tenant's reason for wanting to rent. If an applicant refuses to provide information, it
should be a tip-off
off that they may have had a problem with a previous landlord. The
credit information also proves useful when a tenant moves out owing the landlord
7
money for rent or damages. One valid rental criteria is requiring a “completed” tenancy
application.
If a perspective applicant submits an incomplete application that can
constitute sufficient grounds for rejection of the application.
Just as important as obtaining information from a prospective tenant is verifying
that information. This can usually be done with a few phone calls. If a landlord prefers
to have an independent background check conducted on an applicant, there are several
experienced companies that provide such information. The short turn-around time and
modest cost is usually well spent to avoid a problematic tenant. These companies can
also help locate a tenant that vacates the rental premises owing the landlord money if
the landlord seeks to pursue collection.
Background Information
The New Jersey State Police frequently receives inquiries from government, business,
and citizens on the regulations and procedures for obtaining an individual's criminal
history record.
New Jersey Administrative Code (N.J.A.C.) 13:59-1 et seq. authorizes the
dissemination of New Jersey criminal history record information (CHRI) by the New
Jersey State Police (NJSP), Records and Identification Section (R&I), State Bureau of
Identification (SBI) for non-criminal justice purposes. The following entities are
authorized to obtain from the SBI all records of convictions in the New Jersey state
courts and, regardless of their age, all records of pending arrests and charges for
violations of New Jersey laws, unless such records have been expunged.
8
Accessing CHRI
Requests for CHRI by authorized requesters shall be on forms prescribed by the
Superintendent of the State Police, with the exception of Attorneys-at-law licensed by
the state of New Jersey who may obtain this information through the lawful issuance of
a subpoena. Payment may be made by cashier check, certified check, or money order
payable to the DIVISION OF STATE POLICE - SBI. No personal checks will be
accepted.
Who Can’t Landlord’s Rent To?
Under the 2001 Presidential Executive Order signed in response to “9/11,” property
owners are among a broad range of entities that are prohibited from entering into a
lease or other real property transactions with “Specialty Designated Nationals” and
“Blocked Persons.”
The Office of Foreign Assets Control ("OFAC") of the US
Department of the Treasury administers and enforces economic and trade sanctions
based on US foreign policy and national security goals against targeted foreign
countries, terrorists, international narcotics traffickers, and those engaged in activities
related to the proliferation of weapons of mass destruction. As part of its enforcement
efforts, OFAC publishes a list of individuals and companies owned or controlled by, or
acting for or on behalf of, targeted countries. It also lists individuals, groups, and
entities, such as terrorists and narcotics traffickers designated under programs that are
not country-specific. Collectively, such individuals and companies are called "Specially
Designated Nationals" or "SDNs." Their assets are blocked and U.S. persons are
generally prohibited from dealing with them. You can obtain a list of SDN’s and further
information on the web at http://www.ustreas.gov/offices/enforcement/ofac/faq/
Landlords, property managers and brokers must check present and prospective tenant's
names
against
the
SDN
list.
Records
must
be
saved
for
five
years.
For violations, the criminal penalties are $50,000 to $10,000,000; imprisonment for 10 to
30 years and civil penalties up to $1,000,000.
It is also suggested that landlords add the following question to their rental applications:
Are you or any member of your household a SDN or other Blocked Person
9
designated by the U.S. government as a person who commits or supports
terrorism or is involved in international narcotics trafficking?
* In, addition, leases should provide that the resident represents that he or she is not on
the SDN list, authorizes additional periodic SDN checks, and permits the landlord to
terminate the lease for terrorist or other criminal activity as a lease violation.
DISCRIMINATION PROHIBITED
There are hosts of federal and state laws “on the books” that deal with disabled
individuals, their rights, and the obligations of society to provide reasonable
accommodations to these individuals so they can enjoy the same freedoms and benefits
as individuals without disabilities.
The Purpose of the New Jersey Law Against
Discrimination (LAD) is to secure to handicapped individuals full and equal access to
society, bounded only by the actual physical limits that they cannot surmount. Zive v.
Stanley Roberts, Inc., 182 N.J. 436, 867 A.2d 1133 (2005). Some disability rights laws
include:
Americans with Disabilities Act*
Telecommunications Act
Fair Housing Act*
Air Carrier Access Act
Voting Accessibility for the Elderly and Handicapped Act
National Voter Registration Act
Civil Rights of Institutionalized Persons Act
Individuals with Disabilities Education Act
Rehabilitation Act
Architectural Barriers Act
10
New Jersey Law Against Discrimination (LAD)*
*For purposes of today’s presentation, we will discuss the Americans With Disabilities
Act, the Fair Housing Act and the New Jersey Law Against Discrimination.
The Americans With Disabilities Act.
Title III of the ADA Has a Profound Effect on Everyone Who Owns, Leases,
or Operates Private Buildings
The Americans with Disabilities Act (ADA) is intended to extend federal
protection against disability discrimination. As of January 1992 those who own, lease or
operate virtually all buildings are prohibited from "discriminating" against persons with
"disabilities."
The ADA has five (5) titles covering (1) employment, (2) public services and
transportation,
(3)
public
accommodations
and
commercial
facilities,
(4)
telecommunications, and (5) miscellaneous provisions.
Most people are familiar with Title I, which deals with employment. However,
these provisions added little, if anything, to the rights of persons with disabilities in the
State of New Jersey since there existed civil rights laws that afforded persons with
disabilities protections against employment discrimination.
ADA Title III sets forth standards for modification, construction and alterations to
virtually all existing and new private buildings as defined in the Act. The ADA applies to
both landlords and tenants. The law provides that:
11
"No individual shall be discriminated against on the basis of disability in the full
and equal enjoyment of any place of public accommodation by any private entity who
owns, leases, (or leases to), or operates a place of public accommodation." "Both the
landlord who owns the building that houses a place of public accommodation and a
tenant who owns or operates a place of public accommodation are subject to the Act."
As between the parties, allocation of responsibility for complying with the obligations
of the Act may be determined by lease or other contract. (This will be discussed further
below.) The Act defines "public accommodation" as a private entity "affecting
commerce," which falls into one of twelve categories set forth in the Act.
1. an inn, hotel, motel, or other place of lodging, except for
an establishment located within a building that contains
not more than five rooms for rent or hire and that Is
actually occupied by the proprietor of such establishment
as the residence of such proprietor;
In order to comply with the ADA, and thus not "discriminate" against individuals with
disabilities, if you own or lease a property that may be the subject of the ADA, it must be
"accessible" by an individual with disabilities.
Having said the foregoing, you must be wondering why any of this is important. The
critical item one must be concerned with is the "barrier removal" provisions of the Act.
If one is subject to the Act, one must remove architectural and communications barriers
that are structural in nature where such removal is "readily achievable."
The regulations list over twenty examples of removing barriers. A few examples
include installing ramps and curb cuts, repositioning shelves, telephones or furniture,
adding raised markings to elevator buttons, widening doors, installing raised toilet seats
and creating designated accessible parking spaces. Measures taken to remove barriers
must comply with the standards for alterations that are also listed in the Act, and they
are highly technical. The term "readily achievable" is defined to mean "easily
accomplishable and able to be carried out without much difficulty or expense." The
12
statute lists four factors to be taken into account in considering whether a modification is
readily achievable. They are:
1. The nature and cost of the action needed;
2. The nature of the facility involved, including its overall
financial resources, the number of employees, the effect on
expenses and resources and other impact on the operation of
the facility;
3. The nature of the entity as a whole, including overall
financial resources, number of employees, and number, type
and location of facilities; and
4. The type of operation or operations of the entity as a
whole, Including the composition, structure and functions
of
the
workforce,
geographic
separation,
and
the
administrative or fiscal relationship of the facility In
question to the entity overall.
New construction must also be designed and built so as to be readily accessible and
usable by individuals with disabilities.
The Fair Housing Act
The Fair Housing Act, 42 U.S.C. §§ 3601-3619, prohibits discrimination by
providers of housing, such as landlords and real estate companies as well as other
entities, such as municipalities, banks or other lending institutions and homeowners
insurance companies whose discriminatory practices make housing unavailable to
persons because of:
•
•
•
•
•
•
race or color
religion
sex
national origin
familial status, or
disability.
13
Under the Fair Housing Act, the Department of Justice may bring a lawsuit where
there is reason to believe that a person or entity is engaged in a "pattern or practice" of
discrimination or where a denial of rights to a group of persons raises an issue of
general public importance.
Otherwise, any individual, group, or business entity who feels a violation of the
Act has occurred may bring an action in federal or state court seeking relief.
Discrimination in Housing Based Upon Disability
The Fair Housing Act prohibits discrimination on the basis of disability
in all types of housing transactions.
The Act defines persons with a disability to mean:
Those individuals with mental or physical impairments that substantially
limit one or more major life activities.*
The term mental or physical impairment may include conditions such as:
blindness
hearing impairment
mobility impairment
HIV infection
mental retardation
alcoholism
drug addiction
chronic fatigue
learning disability
mental illness
head injury
* The term major life activity may include seeing, hearing, walking, breathing,
performing manual tasks, caring for one's self, learning, speaking, or working.
The Fair Housing Act also protects persons who have a record of such
impairment, or are regarded as having such an impairment.
14
Current users of illegal controlled substances, persons convicted for illegal
manufacture or distribution of a controlled substance, sex offenders, and juvenile
offenders are not considered disabled under the Fair Housing Act, by virtue of that
status.
The Fair Housing Act affords no protections to individuals with or without
disabilities who present a direct threat to the persons or property of others. Determining
whether someone poses such a direct threat must be made on an individualized basis,
however, and cannot be based on general assumptions or speculation about the nature
of a disability. This is why screening is so important in the resident selection process.
Seven Technical Requirements:
Based on the Fair Housing Act, as amended, there are seven technical requirements in the Accessibility
Guidelines for covered buildings.
1. Accessible Entrance on an Accessible Route
2. Accessible Public and Common-Use areas
3. Usable Doors
4. Accessible Routes Into and Through the Dwelling Unit
5. Accessible Light Switches, Electrical Outlets, and Environmental Controls
6. Reinforced Walls in Bathroom
7. Usable Kitchens and Bathrooms
Fair Housing Act, as amended:
•
•
•
•
•
•
Prohibits housing discrimination on the basis of race, color, religion, sex, national
origin, familial status, or disability.
Sets certain requirements for accessible design in new construction.
Covers residential multi-family dwellings for first occupancy after March 13, 1991
(covered multi-family dwellings are all types of buildings with four or more units).
Includes condos, single-story townhouses, garden apartments, vacation
timeshares, dormitories, homeless shelters.
Requires covered buildings with an elevator to make all units in buildings
accessible.
Requires covered buildings without an elevator to make all ground-floor units
(including ground-floors at different levels in the same building) accessible.
Examples of Housing Discrimination:
The Fair Housing Act prohibits landlords from taking any of the following actions based on race, religion
or any other protected category:
15
Advertising or making any statement that indicates a preference based on a group
characteristic, such as skin color.
Falsely denying that a rental unit is available.
Setting more restrictive standards, such as higher income, for certain tenants.
Refusing to rent to members of certain groups.
Refusing to accommodate the needs of disabled tenants, such as allowing a guide dog.
Setting different terms for some tenants, such as adopting an inconsistent policy of
responding to late rent payments, or terminating a tenancy for a discriminatory reason.
For More Information:
The United States Department of Housing and Urban Development has many publications available
related to various Housing Discrimination topics. Information and instructions on how to file a complaint
with them are available by calling their Housing Discrimination Hotline at 1-800-669-9777.
To File a Housing Discrimination Complaint with the Federal
Government:
New Jersey residents may contact:
Fair Housing Enforcement Center
U.S. Department of Housing and Urban Development
26 Federal Plaza, Room 3532
New York, NY 10278-0068
(212) 264-9610 or 1-800-496-4294
TTY (212) 264-0927
You can file an online complaint at the HUD web site (http://www.hud.gov/complaints/index.cfm).
A Pattern or Practice of Discrimination
Under the Fair Housing Act, the Department of Justice may file a lawsuit when
there is reason to believe that a person has engaged in a "pattern or practice" of
discrimination or has engaged in discrimination against a group of persons that raises
an issue of "general public importance." Often, the Department's lawsuits allege that a
defendant has done both.
The courts have found a "pattern or practice" when the evidence establishes that
the discriminatory actions were the defendant's regular practice, rather than an isolated
instance. This does not mean that the Department has to prove that a defendant always
16
discriminates or that a large number of people have been affected.
A "pattern or
practice" means that the defendant has a policy of discriminating, even if the policy is
not always followed.
The courts have held that the Attorney General has discretion to decide what
constitutes an issue of "general public importance," and the courts will not secondguess that decision. Thus, the Department can bring suit even when a discriminatory
act has occurred only once, if it affects a group of persons and the Department believes
that the discrimination raises an issue of general public importance.
There is a different standard for bringing individual claims of discrimination under the
Fair Housing Act. Individuals who believe that they have been victims of an illegal
housing practice may file a complaint with the Department of Housing and Urban
Development [HUD] or file their own lawsuit in federal or state court. The Department of
Justice brings suits on behalf of individuals based on referrals from HUD.
HUD
investigates each complaint, and if the complaint cannot be resolved through a
conciliation process, HUD will determine whether there is reasonable cause to believe
that the Act has been violated. When HUD makes this determination, it issues a written
Determination of Reasonable Cause or No Reasonable Cause. If reasonable cause is
found, HUD also prepares a Charge of Discrimination.
Within 20 days of the issuance of the charge, the complainant or the respondent (the
party alleged to have discriminated) may choose to have the charge tried in federal
court; otherwise the charge is tried in a HUD administrative law court.
If federal court is chosen, the case is filed by Department of Justice attorneys on the
complainant's behalf. The case can be heard by a federal judge or a jury. Both
compensatory and punitive damages can be awarded to the complainant. If the
Department believes that the individual complaint is part of a larger pattern or practice
of discrimination, the Department may also include broader charges and seek relief for
other individuals and other relief, including civil penalties (a fine paid to the
government).
17
In the administrative court, HUD attorneys handle the case on the complainant's behalf.
There is no jury. The administrative law judge may award compensatory, but no punitive
damages and may also assess civil penalties against the respondent. The
administrative
ative process usually takes less time than the federal court process.
The same rules of evidence and procedure are used in both types of proceedings and
both courts can order injunctive relief and issue written opinions. Complainants may
intervene and be represented by their own lawyers in both courts. Appeals from both
types of courts are heard by the United States Courts of Appeals.
The NJ Law Against Discrimination (LAD)
The New Jersey Law Against Discrimination (LAD) makes it unlawful to subject people to
differential treatment based upon race, creed, color, national origin, nationality, ancestry, age, sex
(including pregnancy), familial status, marital status, domestic partnership status, affectional or
sexual orientation, atypical hereditary cel
cellular
lular or blood trait, genetic information, liability for military
service, and mental or physical disability, perceived disability
disability,, and AIDS and HIV status.
The LAD prohibits unlawful discrimination in employment, housing, places of public
accommodation, credit and business contracts. Not all of the foregoing prohibited bases for
discrimination are protected in all of these areas of activity. For example, familial status is only
protected with respect to housing.
The NJ Division on Civil Rights has promul
promulgated
gated regulations that explain that a place of public
accommodation must make reasonable modifications to its policies, practices or procedures to
ensure that people with disabilities have access to public places. The regulations also explain that
under the
e LAD, these reasonable accommodations may include actions such as providing
auxiliary aides and making physical changes to ensure paths of travel.
18
The NJ LAD covers the following:
•
Sexual Harassment
•
Reprisal
•
Housing Discrimination
•
Employment Discrimination
•
Public Accommodation
•
Credit & Business Transactions
•
Multiple Dwelling Reporting Rule
Residential apartments occupied as dwellings are not within the scope of LAD.
However, leasing offices, common areas, community rooms, playgrounds, and pools
are.
NEW JERSEY STATE LAW PROHIBITS DISCRIMINATION IN
RENTING
NJSA 10:5-12
Effective: January 13, 2008
N.J.S.A. 10:5-12. Unlawful employment practice or unlawful discrimination
It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination:
f. (1) For any owner, lessee, proprietor, manager, superintendent, agent, or employee of any
place of public accommodation directly or indirectly to refuse, withhold from or deny to any
person any of the accommodations, advantages, facilities or privileges thereof, or to discriminate
against any person in the furnishing thereof, or directly or indirectly to publish, circulate, issue,
display, post or mail any written or printed communication, notice, or advertisement to the effect
that any of the accommodations, advantages, facilities, or privileges of any such place will be
refused, withheld from, or denied to any person on account of the race, creed, color, national
origin, ancestry, marital status, civil union status, domestic partnership status, sex, gender
identity or expression, affectional or sexual orientation, disability or nationality of such person, or
that the patronage or custom thereat of any person of any particular race, creed, color, national
origin, ancestry, marital status, civil union status, domestic partnership status, sex, gender
identity or expression, affectional or sexual orientation, disability or nationality is unwelcome,
objectionable or not acceptable, desired or solicited, and the production of any such written or
printed communication, notice or advertisement, purporting to relate to any such place and to be
made by any owner, lessee, proprietor, superintendent or manager thereof, shall be presumptive
evidence in any action that the same was authorized by such person; provided, however, that
nothing contained herein shall be construed to bar any place of public accommodation which is in
19
its nature reasonably restricted exclusively to individuals of one sex, and which shall include but
not be limited to any summer camp, day camp, or resort camp, bathhouse, dressing room,
swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or school or
educational institution which is restricted exclusively to individuals of one sex, provided
individuals shall be admitted based on their gender identity or expression, from refusing,
withholding from or denying to any individual of the opposite sex any of the accommodations,
advantages, facilities or privileges thereof on the basis of sex; provided further, that the
foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1 or place where
alcoholic beverages are served.
g. For any person, including but not limited to, any owner, lessee, sublessee, assignee or
managing agent of, or other person having the right of ownership or possession of or the right to
sell, rent, lease, assign, or sublease any real property or part or portion thereof, or any agent or
employee of any of these:
(1) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from
any person or group of persons any real property or part or portion thereof because of race,
creed, color, national origin, ancestry, marital status, civil union status, domestic partnership
status, sex, gender identity or expression, affectional or sexual orientation, familial status,
disability, nationality, or source of lawful income used for rental or mortgage payments;
(2) To discriminate against any person or group of persons because of race, creed, color,
national origin, ancestry, marital status, civil union status, domestic partnership status, sex,
gender identity or expression, affectional or sexual orientation, familial status, disability,
nationality or source of lawful income used for rental or mortgage payments in the terms,
conditions or privileges of the sale, rental or lease of any real property or part or portion thereof
or in the furnishing of facilities or services in connection therewith;
(3) To print, publish, circulate, issue, display, post or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign,
or to use any form of application for the purchase, rental, lease, assignment or sublease of any
real property or part or portion thereof, or to make any record or inquiry in connection with the
prospective purchase, rental, lease, assignment, or sublease of any real property, or part or
portion thereof which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status,
domestic partnership status, sex, gender identity, or expression, affectional or sexual
orientation, familial status, disability, nationality, or source of lawful income used for rental or
mortgage payments, or any intent to make any such limitation, specification or discrimination,
and the production of any such statement, advertisement, publicity, sign, form of application,
record, or inquiry purporting to be made by any such person shall be presumptive evidence in
any action that the same was authorized by such person; provided, however, that nothing
contained in this subsection shall be construed to bar any person from refusing to sell, rent,
lease, assign or sublease or from advertising or recording a qualification as to sex for any room,
apartment, flat in a dwelling or residential facility which is planned exclusively for and occupied
by individuals of one sex to any individual of the exclusively opposite sex on the basis of sex
provided individuals shall be qualified based on their gender identity or expression;
(4) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from
any person or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful rent payment to
be paid for the real property; or
(5) To refuse to rent or lease any real property to another person because that person's family
includes children under 18 years of age, or to make an agreement, rental or lease of any real
20
property which provides that the agreement, rental or lease shall be rendered null and void upon
the birth of a child. This paragraph shall not apply to housing for older persons as defined in
subsection mm. of section 5 of P.L.1945, c. 169 (C.10:5-5).
h. For any person, including but not limited to, any real estate broker, real estate salesperson, or
employee or agent thereof:
(1) To refuse to sell, rent, assign, lease or sublease, or offer for sale, rental, lease, assignment,
or sublease any real property or part or portion thereof to any person or group of persons or to
refuse to negotiate for the sale, rental, lease, assignment, or sublease of any real property or
part or portion thereof to any person or group of persons because of race, creed, color, national
origin, ancestry, marital status, civil union status, domestic partnership status, familial status,
sex, gender identity or expression, affectional or sexual orientation, disability, nationality, or
source of lawful income used for rental or mortgage payments, or to represent that any real
property or portion thereof is not available for inspection, sale, rental, lease, assignment, or
sublease when in fact it is so available, or otherwise to deny or withhold any real property or any
part or portion of facilities thereof to or from any person or group of persons because of race,
creed, color, national origin, ancestry, marital status, civil union status, domestic partnership
status, familial status, sex, gender identity or expression, affectional or sexual orientation,
disability or nationality;
(2) To discriminate against any person because of race, creed, color, national origin, ancestry,
marital status, civil union status, domestic partnership status, familial status, sex, gender
identity or expression, affectional or sexual orientation, disability, nationality, or source of lawful
income used for rental or mortgage payments in the terms, conditions or privileges of the sale,
rental, lease, assignment or sublease of any real property or part or portion thereof or in the
furnishing of facilities or services in connection therewith;
(3) To print, publish, circulate, issue, display, post, or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign,
or to use any form of application for the purchase, rental, lease, assignment, or sublease of any
real property or part or portion thereof or to make any record or inquiry in connection with the
prospective purchase, rental, lease, assignment, or sublease of any real property or part or
portion thereof which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status,
domestic partnership status, familial status, sex, gender identity or expression, affectional or
sexual orientation, disability, nationality, or source of lawful income used for rental or mortgage
payments or any intent to make any such limitation, specification or discrimination, and the
production of any such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence in any action
that the same was authorized by such person; provided, however, that nothing contained in this
subsection h., shall be construed to bar any person from refusing to sell, rent, lease, assign or
sublease or from advertising or recording a qualification as to sex for any room, apartment, flat
in a dwelling or residential facility which is planned exclusively for and occupied exclusively by
individuals of one sex to any individual of the opposite sex on the basis of sex, provided
individuals shall be qualified based on their gender identity or expression;
(4) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from
any person or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful rent payment to
be paid for the real property; or
(5) To refuse to rent or lease any real property to another person because that person's family
includes children under 18 years of age, or to make an agreement, rental or lease of any real
property which provides that the agreement, rental or lease shall be rendered null and void upon
the birth of a child. This paragraph shall not apply to housing for older persons as defined in
21
subsection mm. of section 5 of P.L.1945, c. 169 (C.10:5-5).
ACCEPTING A TENANT
After an applicant qualifies and is accepted for tenancy, a "walk-through" of the
premises should be conducted and the tenant should be asked to complete a move-in
checklist or, in the case of commercial premises, a “punch list.” Upon completion of the
checklist, the tenant should sign an acknowledgment of condition of the apartment. It is
also recommend that landlords take several photos of the rental premises prior to rental,
date them accordingly and place the photos in the tenant's file.
Armed with the foregoing information, a landlord is in a better position to field
tenant habitability and other complaints. It also prevents a tenant from falsely claiming
that the landlord promised to make repairs or modifications to the rental premises. By
taking these relatively simple steps, a landlord can help avoid many problems.
This is a general list of things that you can look for in your rental apartment:
Inspect each room. Take your time.
Make notes on the condition of each room – look for:
-
Scratches in hardwood floors
Burn marks/tears in carpets
Missing tiles in bathroom
Ripped screens in windows – missing glass
Holes/scratches in walls (pinholes, patched over areas etc)
Faded paint (just note it) – rubbed off paint etc.
Burn marks on counters/scratches (rub your hand along the counter (if its
clean)
Loose fixtures (ceiling, wall etc)
Make sure all outlets have covers and receptacles.
Heat and if provided - Air conditioning Turn the units
Kitchen Stove – turn it on. Inspect for cleanliness
22
-
Refrigerator - icebox and main area – is it cold? Clean?
Kitchen Cabinets – scratches, cleanliness, grime
Kitchen Exhaust over stove – turn it on. Are filters clean?
Bathtubs/showers – turn them on. Hot and cold water. Water Pressure.
Cracks. Grime.
Toilet paper holder
Flush the toilet(s) – do they work
INSPECTING UNITS FOR CONFORMITY TO THE H.Q.S. , i.e. Section 8 applicants
The DCA adheres to the housing quality standards (HQS) performance requirements as
specified in 24 CFR. In addition, all housing must meet the acceptability criteria, as well, except for
the following variations:
a) Sanitary facilities. Hot water heaters must be free of hazardous conditions and equipped with a
discharge line that terminates within 12 inches of the floor. They will not be permitted to be located
in bedrooms or other living areas. Gas and electric hot water heaters located in a secondary room (a
room not used for living) will be permitted provided the unit is otherwise free of hazardous
conditions. Gas and electric hot water heaters will be permitted in a kitchen or bathroom provided
that "safety dividers" or "shields" are installed to protect the occupants from any contact with the
unit.
b) Space and security. The New Jersey multiple dwelling regulations are used to define a bedroom
or living/sleeping room of "appropriate size." N.J.A.C. 5:10-22.3 Floor Area, states that every room
occupied or intended to be occupied for sleeping purposes for one occupant shall have a minimum
usable floor area of 70 square feet. Every room occupied or intended to be occupied for sleeping
purposes by more than one occupant shall have a useable floor area of at least 50 square feet for
each occupant (two occupants require a minimum of 100 square feet).
To be considered a
living/sleeping room, the smaller dimension of the room must not be less than seven feet; thus
ensuring enough space to get past the bed.
23
c) Thermal environment. Adequate heat "appropriate for the climate" is not defined by the HQS.
The DCA will comply with N.J.A.C. 5:10-14.4, Minimum Temperature, of the New Jersey multiple
dwelling regulations which requires from October 1 of each year to the next succeeding May 1, every
dwelling unit and every habitable room therein shall be maintained at a temperature of at least 68
degrees Fahrenheit between the hours of 6:00 A.M. and 11:00 P.M. and at least 65 degrees
Fahrenheit between the hours of 11:00 P.M. and 6:00 A.M.
d) Structure and materials. This section is concerned with the structure of the ceilings, walls, and
floors, but is silent regarding a minimum ceiling height or usable floor area. The New Jersey
multiple dwelling regulations will again be utilized to provide a standard.
N.J.A.C. 5:10-22.5, Required Ceiling Height, requires a clear height of at least seven feet, zero inches,
for a room to be considered a habitable room. The ceiling height in a non-habitable room remains
tenant preference.
e) Other interior/exterior hazards.
1. All windows required to be openable under the HQS requirements must operate as designed.
2. All windows required to be openable under the HQS requirements must also comply with
N.J.A.C. 5:10-10.1, Screens, which requires insect screens from May 1 to October 1 of each
year.
3. A wall switch must operate a ceiling or wall mounted light fixture in a bathroom.
Should the DCA's housing standards conflict with a local housing code (i.e., refusal to issue
a Certificate of Occupancy) the policy of the DCA will control. The DCA reserves the right to
waive any of these HQS variations on a case-by-case basis with the authorization of the Assistant
Director or her designee.
24
SIGNING A LEASE AGREEMENT
Every rental situation is different and one should avoid the common practice of
“borrowing” another lease form verbatim. A lease agreement is a legal contract and should be
treated as such. All rental situations necessarily involve their own circumstances that may
warrant particular modifications to the “forms.” A scrivener must be certain to properly elucidate
such terms if they are to be enforced in a court of law.
When preparing an apartment lease agreement one should note the following New
Jersey Statutes:
2A:42-6.1. Five day grace period for payment of rent
A person to whom rent is due and payable on the first of the month upon a lease or other
agreement shall allow a period of 5 days grace in which the rent due shall be paid. No
delinquency or other late charge shall be made which includes the 5-day grace period.
2A:42-6.3. Application of act only to senior citizens
The provisions of this act shall only be applicable to premises rented or leased by senior
citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other
governmental pensions in lieu of Social Security Old Age Pensions.
25
APARTMENT LEASE AGREEMENT
1.
Parties and Dwelling Unit.
Landlord:
Member, LLC
777 Elm Street
Anytown, NJ 07000
Tenant:_____________________
The Landlord leases to the Tenant
APARTMENT________________
located at:
AAA Apartments
123 Avenue
Anytown, NJ 07000
Use of Property. The Tenant may use the Apartment only as private residence for himself/
herself and the following individuals:
________________________, age:________
________________________, age:________ ________________________, age:________
and none other. It shall be deemed a breach of this Lease Agreement and a substantial violation
of the Landlord's Rules and Regulations if any other person is found to reside in the Unit.
Tenant shall notify Landlord of its telephone number for the Premises and for emergency contact
immediately upon obtaining it.
The statements and representations made by Tenant in applying for the apartment have caused
Landlord to enter into this agreement, and if any of these statements and representations should
be false it shall be considered a substantial breach of the landlords rules and regulations and
of the terms and conditions of this Lease Agreement, and Landlord may terminate this Lease
Agreement and recover possession of the demised premises.
2.
Term. The term of this Lease is for one year starting on ____________. The Landlord is
not responsible if the Landlord cannot give the Tenant possession of the Apartment.
If the
Landlord cannot give possession within 30 days after the starting date, the Tenant may cancel
this Lease, as its only remedy against Landlord. The Tenant must notify the Landlord of the
Tenant's decision to stay or to leave at least ONE CALENDAR MONTH before the end of any term.
3.
Rent.
The Tenant agrees to pay $___________________ as rent for the initial term, to be paid as
follows:
$__________________ per month, due on or before the 1st day of each month in advance. The first
payment of rent and security deposit is due upon the signing of this Lease by the Tenant. The
Tenant must pay a late charge of 10% of one month’s rent as additional rent for each payment that
is more than 5 days late. This late charge is due with the monthly rent payment. In the event a
rent check is returned by the bank for any reason, Tenant shall pay and additional fee of $50
(NSF) as additional rent.
Landlord has the right to require that all rental payments and
additional fees be made by money order, cashier’s check and/or certified check.
4.
Security Deposit.
The Tenant shall deposit an amount equal to 1½ month’s rent with the
Landlord, $______________________which will be held in the
_____________________________ Bank, at:
address: _________________________, New Jersey in an account that is currently earning interest
at ______% per annum.
(b)
At no time will Tenant be allowed to use rent security for the payment of rent.
(c)
Tenant shall pay all monies necessary to keep the security deposit account at a full
month and a half's rent.
(d)
Landlord has the right to apply any rent money received from the Tenant toward the
Tenant's rent security to keep the security deposit account at 150% the current rent. That would
cause the actual rent to be in arrears if a deficiency exists.
(e)
Rent security will be returned to the Tenant in accordance with New Jersey law, but only
after Tenant vacates apartment and only after all of the following conditions are satisfied:
(i)
One month written notice before the 1st day of the previous month must be given to
Landlord that the Tenant will move on or before the first of the following month.
(ii)
The apartment must be returned in the same condition as when Tenant started
occupying it, less reasonable use.
(iii) Rent must be paid in full and no damage incurred by Tenant during rental period.
(iv)
Keys must be returned to Landlord.
26
(v)
No personal property or furniture of any kind may be left in the apartment. It
must be broom cleaned by Tenant. If Landlord has to clean the apartment, the cost will be
deducted from the security deposit.
5.
No Assignment or Sublease.
Lease.
The Tenant may not sublease the Apartment or assign this
6. Renters Insurance. Tenant is advised that crime insurance is available to the Tenant. Tenant
may make application for such insurance from its own insurance agent. Crime insurance policy at
an affordable cost will protect Tenant against loss resulting from robbery or burglary of
Tenant's apartment.
Each tenant is required to obtain "Renters" insurance. Tenant agrees to hold both the Landlord
and Managing Agent and their employees harmless from suit due to personal injury by the Tenant,
Tenant's family and Tenant's guests while in the building or on the grounds, and Landlord shall
be named as an additional insured party on any insurance Policy(s) procured by the Tenant
relative to the demised premises and shall provide the landlord with proof of such insurance.
7.
Utilities.
(
(
)
)
The Landlord will pay for the following utilities:
cold water
heat
(
)
(
)
gas
hot water
(
)
electricity
(
(
)
)
electricity
gas
The Tenant will pay for the following utilities:
(
(
)
)
cold water
heat
(
)
(
) hot water
air conditioning
Tenant shall promptly pay all utility bills for service to the apartment so as to avoid a
discontinuance of service.
Tenant shall keep all utilities operable until possession of the
apartment is returned to the Landlord..
8.
Eviction.
The landlord reserves a right of reentry in the event the tenant breaches or
violates any term, covenant or condition of this agreement. The Landlord may evict the Tenant if
the Tenant does not comply with all of the terms of this Lease and for all other causes allowed
by law. The Tenant must also pay as additional rent all costs, including reasonable attorneys'
fees, related to an eviction and the collection of any monies owed the Landlord, along with the
cost of re-entering, re-renting, cleaning and repairing the apartment.
If the Tenant defaults under this lease agreement and the Landlord obtains the service of any
attorney (including compensation for in-house counsel time) with respect to the eviction of the
Tenant, the Tenant agrees to pay the Landlord, and same shall be considered additional rent under
this lease agreement, attorneys' fees of $750.00, $29.00 filing and service fee, $19.00 warrant
fee if incurred, and $35.00 constable fee if incurred per legal action.
If evicted, the Tenant must continue to pay the rent until the end of the term. The Tenant must
also pay all costs, including reasonable attorney fees, related to the collection of any moneys
owed the Landlord, along with the cost of re-entering, re-renting, cleaning and repairing the
Apartment
9.
Care of the Apartment.
a. The Tenant has examined the Apartment, including the living quarters, all facilities,
furniture and appliances, and is satisfied with its present physical condition and accepts the
Apartment "as is". The Landlord has not made any promises with respect to modifying the premises
that is the subject of this agreement.
b.
The Tenant agrees to maintain the property in a neat, clean, safe, and sanitary condition.
The Tenant will take care of the apartment and all fixtures, floor coverings, and appliances. The
Tenant agrees to pay for all repairs, replacements and damages caused by the act or neglect of
the Tenant, the Tenant’s family, domestic employees, guests or visitors, which includes but is
not limited to sewer and plumbing drainage problems caused by the Tenant, including frozen/broken
pipes and damage caused by same. The Tenant must give the Landlord prompt notice of any defects
in the plumbing, fixtures, windows, heating and cooling equipment or any other part of the unit
or related facilities.
27
The Tenant is obligated to report all complaints to the Landlord including all water leaks from
plumbing fixtures, leaks from ceilings, floor water, etc., even if it does not directly affect
his/her living conditions, and if it is not his/her fault or his doing.
Not reporting and
following up on repairs will be considered gross negligence on his/her part and tenant will be
responsible for damage caused by gross negligence and subject tenant to eviction on three (3)
days written notice to vacate the apartment.
c. Prior to making any repairs, Tenant must notify Landlord in writing for its approval.
The
Landlord will have a reasonable amount of time within which to make the repairs or to approve
Tenant's own repairs.
d. In connection with Tenant's care of the Apartment and its contents, Tenant shall pay for all
minor repairs and replacements, whatever the cause. Further, the Tenant must pay for all major
repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant’s
household members, their visitors, invitees, contractors, agents, assigns and/or movers.
For
purposes of this Paragraph, "major" means any and all repairs of $500.00 or more and "minor" is
less than $500.00.
e. The Tenant will remove all of the Tenant’s property at the end of this Lease. Any property
that is left shall be deemed abandoned, of no value, and may be disposed of at the tenant’s
expense at Landlord's sole discretion.
f. Smoke Detector. Tenant acknowledges there is/are ___ smoke detector (s) in the Apartment in
working order. Tenant will be responsible for battery replacement and will test the detector(s)
periodically and will notify the Landlord, in writing, by certified mail or registered mail of
any mechanical failure. Tenant may not remove or render a smoke detector inoperative.
g. Carbon Monoxide Detector. Tenant acknowledges there is/are ___ carbon monoxide detector (s)
in the Apartment in working order. Tenant will be responsible for battery replacement and will
test the detector(s) periodically and will notify the Landlord, in writing, by certified mail or
registered mail of any mechanical failure.
Tenant may not remove or render a carbon monoxide
detector inoperative.
10.
Interruption of Services.
The Landlord is not responsible for any inconvenience or
interruption of services due to repairs, improvements or for any reason beyond the Landlord’s
control. Tenant will not be entitled to any offset or abatement of Rent or Additional Rent by
reason of inconvenience or annoyance, due to repairs, improvements or for any reason beyond the
Landlord’s control. Landlord will be under no liability to Tenant due to any discontinuance of
heat, hot or cold water, or for the discontinuance of any other service caused by the handling of
electric wires or lights, or plumbing.
Landlord will not be liable for loss or damage to
property of Tenant caused by termites or other vermin, or by rain, snow, water or steam which may
leak into or flow from any part of the Apartment building through any defect in the roof or
plumbing or from any other source whatsoever, unless caused by negligence of Landlord, its agents
or employees or otherwise; Tenant agrees to assume the responsibility of defending, at his
expense, any claim which may be made against Landlord by any person claiming the right to be in
the Apartment through or under the Tenant, and pay for any injury, loss or damage to person or
property from any cause whatsoever, unless caused by negligence of Landlord, its agents or
employees.
11.
Restricted Alterations.
The Tenant agrees not to do any of the following:
(a)
change or remove any part of the appliances, fixtures or equipment in the unit;
(b)
install wall paper or contact paper in the unit;
(c)
attach awnings or window guards in the unit;
(d)
attach or place any fixtures signs or fences on the buildings, the common areas, or
the grounds;
(e)
attach any shelves, screen doors, or other permanent improvements in the unit;
(f)
install washing machines, dryers, fans, heaters or air conditioners in the unit;
(g)
place any aerials, antennas or other electrical connections on the unit;
(h)
drill or nail or screw any objects into the walls, ceilings, partitions or floors.
Tenant shall be liable for any damages and the cost of restoring same;
(i)
install Venetian blinds, shades, awnings or window guards;
(j)
Under no circumstances shall any dishwashing machine, clothes washing machine, or
clothes dryer be installed or operated in the apartment;
(k)
Upon prior written notice to the Landlord, Tenant may install up to 2 window air
conditioning units in the premises so long as the Tenant purchases them and they are “New” with
not more than a 5000 BTU rating each.
This limitation is necessary to prevent potential
electrical wiring damage or fire. In the event window air conditioners are installed, such
28
installation may not occur before June 1st and Tenant must remove them from the window(s) on or
before October 1st of each year; and
(l)
Tenant shall not allow any mechanic’s liens or other claims to be filed against the
Building and shall immediately remove any such lien or claim.
12.
Compliance with Laws. The Tenant must comply with laws, orders, rules and requirements
of governmental authorities and insurance companies that have issued or are about to issue
policies covering this Apartment and/or its contents.
13.
No Waiver by Landlord. The Landlord does not give up any rights by accepting rent or by
failing to enforce any terms of this Lease.
14.
Eminent Domain.
Eminent domain is the right of a government to take private property for public use.
Fair
compensation must be paid. If any part of the apartment or building is taken by eminent domain,
either party may cancel this Lease on thirty (30) days notice to the other. The entire payment
for the taking shall belong to the Landlord. The Tenant shall make no claim for the value of the
remaining part of the Term.
15.
Entry by Landlord. Upon reasonable notice, the Tenant must allow the Landlord to enter
the Apartment to provide services, inspect, repair, improve or show it. The Tenant must notify
the Landlord if the Tenant will be away for 10 days or more.
In case of emergency or the
Tenant’s absence, the Landlord may enter the Apartment without the Tenant’s consent.
16.
Fire and Other Casualty.
other casualty in the Apartment.
other casualty, the Tenant is not
Tenant uses part of the Apartment
usable part.
The Tenant shall notify the Landlord at once of any fire or
Provided the Tenant did not cause or contribute to the fire or
required to pay Rent when the Apartment is unusable. If the
for living purposes, the Tenant must pay Rent pro-rata for the
Provided the Tenant did not cause or contribute to the fire or other casualty, if the Apartment
is partially damaged by fire or other casualty, the Landlord shall repair it within a reasonable
time.
This includes the damage to the Apartment and fixtures installed by the Landlord.
The
Landlord need not repair or replace anything installed by the Tenant.
Provided the Tenant did not cause or contribute to the fire or other casualty, this Lease shall
end if the Apartment is totally destroyed. The Tenant shall pay Rent to the date of destruction.
If the fire or other casualty is caused by the act or neglect of the Tenant, the tenant’s agent,
guest, or employee, the Tenant shall pay for all repairs and all other damages.
17.
Subordination. This Lease and the Tenant’s rights are subject and subordinate to present
and future mortgages on the Property, which include the Apartment. The Landlord may execute any
papers on the Tenant’s behalf as the Tenant’s attorney in fact to accomplish this. The Tenant
shall sign all papers needed to subordinate this Lease to any mortgage on the Property.
At the request of the Landlord, the Tenant shall sign a letter stating that (a) This Lease has
not been amended and is in effect. (b) The Landlord has fully performed all of the Landlord’s
agreements in this Lease. (c) The Tenant has no rights to the Apartment and Building, except as
stated in this Lease, (d) The Tenant has paid all Rent to date and (e) The Tenant has not paid
Rent for more than 1 month in advance. The letter shall also list all the property attached in
the Apartment, which is owned by the Tenant.
18.
Hazardous Use.
The Tenant will not keep anything in the Apartment that is considered
dangerous, flammable, and explosive or might increase the danger of fire or any other hazard.
The Tenant will clean-up any such materials and indemnify and hold harmless Landlord, its
officers, shareholders, employees and affiliates from same, including, but not limited to the
payment of any and all attorney fees (including compensation for in-house counsel time) which
shall be considered as additional rent.
19. Injuries or Damage. The Tenant will be responsible for any injury or damage caused by the
act or neglect of the Tenant, The Tenant’s household members, their visitors, invitees,
contractors, agents, assigns and/or movers. The Landlord is not responsible for any injury or
damage unless due to the gross negligence of the Landlord.
20. Pets. Tenant shall not allow pets, animals, mammals, fish or birds, of any kind in the unit
or on the Landlord’s property at any time.
21. Waterbeds.
Tenant shall not allow waterbeds or any type of water filled furniture in the
unit at any time.
29
22.
Drug Related Crimes.
Engaging in distribution, possession, or use of controlled substances C.D.S. (N.J.S.A. 24:21, et
seq.) in the unit or premises shall be deemed conclusively to impair the physical and social
environment of the unit and premises and is a substantial violation of the Tenant's obligation to
use its dwelling unit "solely for residence by the family." It is also a violation of New Jersey
Housing Law and subjects Tenant to eviction on 3 day's notice pursuant to N.J.S.A. 2A:18-61.1p.
23.
Signs. The Tenant may not put any sign or projection (such as a TV or radio antenna) in
or out of the windows or exteriors of the Apartment.
24.
Housing Code Violations.
In the event Landlord is assessed fines or penalties for a violation of any housing code
ordinance or law which is directly attributable to the acts or omissions of Tenant, Tenant shall
be liable to Landlord for the actual costs and expenses incurred by Landlord and same shall be
considered as additional rent and due with Tenant's following monthly rent payment.
25.
Yard. If there is a yard outside of the tenant’s unit it must be properly maintained,
and if it is not properly maintained, Tenant shall be considered in default of the Lease.
Landlord will arrange to have the grass cut. Tenant cannot plant flowers, trees or shrubs in the
yard without the written consent of Landlord.
26.
Rules and Regulations. The Tenant shall obey all the Landlord’s rules & regulations for
the safety and cleanliness of the Building and for the comfort and convenience of the other
tenants.
27.
Move Out, Cleaning, Vacating Notice.
If Tenant intends to vacate the premises, Tenant must provide notice in writing and must be
received by the Landlord at least one calendar month prior to the date that Tenant intends to
vacate the premises. In addition to Tenant's requirements to maintain the Apartment and yard, (if
any), the Tenant must conduct its final cleaning and repairs to the premises on or before 5:00
P.M. on the last day of the Term. The Landlord will then conduct a walkthrough of the Apartment
to note any damages or failure by Tenant to adhere to the terms of this Lease. There will be
appropriate charges deducted from the security if the Tenant does not clean the Apartment and
appliances prior to 5:00 on the last day of the Term.
There will also be an additional minimum
charge of at least $500.00 for re-painting the Apartment if the Tenant vacates prior to the
expiration of the Apartment Lease. In addition, if re-painting takes more than one (1) coat, the
Tenant shall be responsible for the cost of each additional coat of paint. Tenant will also be
responsible for lost rent if the Landlord's new tenant cannot begin its Term promptly after the
expiration of Tenant's Term due to Tenant's breach of this Lease.
28.
Carpeting.
If the Apartment comes with carpeting, Tenant agrees to have the carpet
cleaned at least once a year at Tenant’s own expense.
If Tenant vacates without having the
carpet cleaned, Landlord may deduct the cost of carpet cleaning from the Security Deposit.
29.
Keys & Alarms. The Landlord will keep a copy of the key for the Apartment and may keep a
copy of the garage door opener, if any. The Tenant may not change the locks or install an alarm.
If the Landlord is prevented from entering the Apartment in an emergency due to Tenant’s
behavior, including Tenant’s changing a lock or installing an alarm, the Tenant shall bear the
costs of Landlord’s efforts to enter by force. In the event Landlord enters by force, Landlord
will not be liable for any damages to the Apartment or to Tenant’s property.
It is the
responsibility of the Tenant when they vacate their Apartment to return all keys (Apartment and
mailbox), garage door openers and alarm codes if any to the Landlord. If Tenant fails to return
their Apartment keys and/or garage door openers, they will be assessed $100.00 per key and per
garage door opener, and if they fail to return their mailbox key, they will be assessed $50.00.
If Tenant fails to give Landlord an alarm code upon vacating the Apartment, Tenant will pay
Landlord's actual costs associated with such failure including attorneys' fees and costs
associated with disconnecting the alarm.
30.
Access to unit to Tenant.
Anyone that is locked out of the building or their apartment and requests assistance to gain
access will be charged the following:
During office hours ($10.00)
Monday-Friday 10:00 A.M.-5:00 P.M. and Saturday 10:00 A.M.-1:00P.M.
After office hours ($25.00)
If payment is not made to the Landlord, the fee shall be considered additional rent and due with
the next month’s rent payment.
31.
Window Guards. The tenant may have window guards installed by the landlord in the tenant's
apartment and the public halls, provided that: (1) the tenant makes a written request to the landlord
30
for such installation; and (2) a child 10 years of age or younger resides in the apartment or are
regularly present in the apartment for a substantial period of time; and (3) the tenant’s apartment is
located higher than the first floor. Tenants living on the first floor may only request window guards on
windows in public halls above the first floor to which persons in the tenant's unit have access without
having to exit the building. Window guards shall not be installed on any window giving access to a fire
escape. No tenant shall obstruct or interfere with the installation of the window guards and no tenant
shall remove or otherwise render ineffective such window guards. The tenant shall grant the landlord
access to the apartment to inspect each window guard in the apartment. Any expenditures made by the
landlord in connection with installation and maintenance of the window guards shall be deemed to be
capital improvement costs, which may be, at the landlord’s option, passed onto the tenant. These costs
shall be considered additional rent.
32.
Megan’s Law Statement.
Under New Jersey law, the county prosecutor determines whether
and how to provide notice of the presence of convicted sex offenders in an area.
In their
professional capacity, real estate licensees are not entitled to notification by the county
prosecutor under Megan’s Law and is unable to obtain such information for you.
Upon
closing/execution of the lease the county prosecutor may be contacted for such further
information as may be disclosable to you.
33.
Truth in Renting.
The Tenant acknowledges having received a copy of “Truth in Renting”.
34.
Vacating Notice.
If Tenant intends to vacate the premises, Tenant must provide notice in writing and must be
received by the Landlord at least one calendar month prior to the date that Tenant intends to
vacate the premises.
35. End of Term. A lock box may be installed 3 months prior to the Lease expiration, and Tenant
will cooperate with showing of the Apartment and will not in any way interfere with the showing
of the Apartment. During said 3-month period, 3 open houses may be held.
36.
No portable LP-gas. Portable LP-gas cooking equipment such as barbecue grills shall not
be stored or used:
on any porch, balcony or any other portion of the Apartment or Building;
within any room or space of the Apartment or Building
within 5 feet of any combustible exterior walls;
within 5 feet, vertically or horizontally, of an opening in any wall, or
under any building overhang
no barbecuing allowed
37.
Parking. Parking on the general property surrounding the Building and the Apartment is
limited to the Tenant only. Visitors must park off of the general property. Landlord reserves
the right hereunder from time to time to number and/or otherwise designate/assign parking spot(s)
to tenants and/or to Tenant. Tenant has no rights in or to any particular parking spots, and the
Landlord does not guaranty Tenant a parking spot on the general property surrounding the Building
or the Apartment.
38.
Validity of Lease. If a clause or provision of this Lease is legally invalid, the rest
of this Lease remains in effect.
39.
Recording.
This Lease may not be recorded.
40.
Attorney's Fees. In connection with all of Tenant's defaults and all litigation involving
either of the parties and this Lease, Tenant shall pay to Landlord all reasonable fees, costs and
other expenses which may become payable as a result thereof or in connection therewith, including
reasonable attorneys' fees and expenses.
Tenant will also pay Landlord's attorneys' fees and
expenses: even if Tenant initiates the litigation or in connection with the defense of any and
all Counterclaims or Cross-Claims by Tenant, in connection with disputes arising from the
negotiation of a new lease or lease extensions and/or for any and all appeals. Any provision in
this Lease affording Landlord attorneys' fees shall be considered as additional rent.
41.
No Personal Liability. Notwithstanding anything to the contrary provided in this Lease,
it is specifically understood and agreed, such agreement being a primary consideration for the
execution of this Lease by Landlord, that there shall be absolutely no personal liability on the
31
part of Landlord, its members, officers, employees, successors, assigns or any mortgagee in
possession (for the purposes of this Section, collectively referred to as "Landlord"), with
respect to any of the terms, covenants and conditions of this Lease, such exculpation of
liability to be absolute and without any exceptions whatsoever.
42.
Indemnification.
Tenant hereby indemnifies, and shall pay, defend, protect and hold
Landlord harmless from and against all liabilities, losses, claims, demands, costs, expenses
(including attorneys' fees and expenses) and judgments of any nature, except to the extent
Landlord is compensated by insurance maintained by Tenant hereunder and except for such of the
foregoing as arise from the gross negligence or willful misconduct of Landlord, its agents,
servants or employees, arising or alleged to arise, from or in connection with, any injury to, or
the death of, any person or loss or damage to property on or about the Property arising from or
connected with the possession or use of the Apartment by Tenant.
43.
Entire Lease.
It is understood that there are no oral agreements between the parties
hereto affecting this Lease, and this Lease supersedes and cancels any and all previous
negotiations, arrangements, brochures, agreements and understandings, if any, between the parties
hereto or displayed by Landlord to Tenant with respect to the subject thereof, and none thereof
shall be used to interpret or construe this Lease. This Lease is and shall be considered to be
the only Lease agreement relative to the Premises between the parties hereto and their respective
representatives and agents as of the date hereof.
All negotiations and oral agreements
acceptable to both parties have been merged into and are included herein, and no modification of
this Lease shall be effective unless the same shall be in writing and be signed by the parties
hereto or, as the case may be, their respective successors or assigns.
Landlord's rights and remedies under this Lease are in addition to, and not instead of any other
rights and remedies provided by law. Landlord may exercise any or all of the rights and remedies
provided by law, as well as those provided under this lease.
44. Attachments to the Agreement.
The Tenant certifies that she has received a copy of this agreement and a copy of the
following documents and understands these.
#1
Ownership Registration Statement
#2
EPA Lead Paint Advisory Pamphlet
#3
Lead Paint Disclosure
#4
Truth in Renting Handbook
45.
Signatures. The Landlord and the Tenant agree to the terms of the Lease. This Agreement
may be signed in counter parts, all of which when taken together shall form one valid and
effective agreement.
LANDLORD__________________
Witnessed or Attested by:
By: _________________________
Tenant’s Acknowledgment.
Tenant has examined and knows the contents of this Lease agreement and agrees to be bound by it.
Tenant acknowledges that he/she had an opportunity to have this document reviewed by an attorney
of his/her choice. All promises made by the Landlord are in this Lease.
_____________________________
Tenant
_____________________________
Tenant
32
II.
PET RIDER
LANDLORD
TENANT
________________________
_______________________
________________________
_______________________
________________________
_______________________
1.
No animals or pets of any kind shall be kept on the premises or in a tenant’s apartment without the
landlord’s written permission. Permission of the superintendent or maintenance person shall not be considered
permission of the landlord
2.
A pet will be defined as a common household pet such as a dog, cat, bird, guinea pig, gerbil, hamster,
rabbit or fish. Reptiles and birds of prey are not household pets and therefore, may not be maintained in a tenant’s
apartment. Pets, other than cats and dogs, shall have suitable housing, e.g. cages or aquariums. Aggressive animals
or attack dogs such as Pit Bulls, are specifically and expressly prohibited.
3.
There will be no more than one cat or dog or caged mammal per apartment. A maximum of two birds may
be permitted and in the case of fish no more than one aquarium with a twenty-gallon capacity shall be allowed.
4.
Upon signing this Rider, the tenant shall provide management with the following information and
documents which will be kept on file in the tenant’s folder:
a.
b.
c.
d.
e.
f.
g.
A color photograph identifying description of the pet.
Attending veterinarian’s name, address and telephone number.
Veterinarian certificates of spaying or neutering, rabies, distemper combination, parvovirus, feline
Vrc, feline leukemia testing and other inoculations when applicable.
Dog and cat licensing certificates in accordance with local and state law.
The names, addresses and telephone numbers of two alternate caretakers, who will assume
immediate responsibility for the care of the pets should the owner become incapacitated; these
caretakers must be verified in writing by signing the Lease Pet Rider acknowledging their
responsibilities as specified.
Emergency boarding accommodations.
Temporary ownership, overnight or short term possession of a pet shall be registered with
management under the pet rules and regulations.
5.
Identification cards, carried in the purse or wallet, naming the veterinarian and caretaker should be with the
pet owner at all times. In the event of a sudden illness or accident, attending authorities would notify management
to assist the pet and avoid delay in the proper care of the animal.
6.
No pet is to remain unattended without proper care for more than twenty-four (24) hours except in the case
of a dog which shall be no more than twelve (12) hours.
7.
If the health or safety of a companion animal is threatened by incapacity or death of their owner, the
management will contact the caretakers designated by the tenant.
8.
If caretakers are unable or unwilling to assume responsibility for the pet and the alternate caretaker cannot
be located, this management company or the landlord may enter the premises, remove the pet and arrange for pet
care for no less than ten (10) days to protect the pet. Funds for such care will be deducted from the tenant’s security
deposit. The landlord and/or management company may contact the local humane society or animal control facility
for assistance in providing alternate arrangements for the care of the pet if the caretaker or the alternate cannot be
located.
33
9.
The tenant shall:
a.
Be responsible for the proper care - good nutrition, grooming, exercise,
flea control, routine veterinarian care and yearly inoculations. Dogs and
cats must wear identifications and collars when outside the unit.
b.
Be responsible for cleaning up after the pet inside the apartment and
anywhere on the premises.
c.
Keep the unit and patio or deck, if any, clean and free of pet odors,
infestation, waste and litter and maintain the unit in a sanitary condition
at all times.
d.
Restrain the pet and prevent the pet from gnawing, chewing, and
scratching or otherwise defacing doors, walls, windows and floor covering
of the unit, other units and common areas, as well as shrubs and landscaping of the facility.
e.
Restrain and leash the pet at all times, when outside the apartment and on
development property. No pet shall be loose in hallways, elevators, community rooms, dining
rooms or other common areas.
f.
muzzle any dog over 35lbs at all times when outside the apartment and on development property.
g.
Keep their pets from disturbing the health, safety, rights, comfort or
quiet enjoyment of the premises by other tenants. Tenants will make sure
that their pet will not create a nuisance to their neighbors with excessive
barking, whining, growling, chirping or other unruly behavior.
10.
The landlord shall have the right to inspect the premises on twenty-four (24) hours’ notice to the tenant to
be sure that pets and units are being cared for property. These inspections may be reduced or increased in time
periods at the management’s discretion.
11.
A pooper-scooper and disposable plastic bags should be carried by the owner. All waste will be bagged
and disposed of in a receptacle determined by management. Toilets are not designated to handle pet litter. Under no
circumstances should any pet debris be deposited in a toilet as blockages will occur. Tenants shall be responsible
for the cost of repairs or replacements of any damaged toilets or pipes as a result of their conduct. Any cost in
connection with these repairs or replacements shall be considered additional rent and collectible as additional rent.
12.
Tenants are expressly prohibited from feeding or harboring stray animals.
13.
Management reserves the right to require dog owners to relocate to a comparable unit at another location in
the complex based upon written complaints concerning: 1) the behavior of the dog in the elevator or hallways; or 2)
the documented medical conditions of tenants affected by the presence of the dog.
14.
The tenant is fully responsible for the damage or injury caused to the apartment, premises or others as a
result of their pet. These responsibilities include, but are not limited to:
a.
Repairing or replacing damaged areas of the exterior, interior, doors,
walls, floor coverings and fixtures in the unit, common areas or other
areas damaged by the tenant’s pet.
b.
Cleaning, deodorizing, and sanitizing carpeting and other floor coverings
in the unit as necessitated by the presence of the pet.
c.
All destruction of property.
d.
Any charges for damages shall be considered additional rent and are
collectable as additional rent under the lease.
e.
The pet owner shall secure personal liability or other insurance and indemnify the management
company and/or the landlord against related litigation and/or attorney’s fees.
15.
This Pet Rider is incorporated into the rules and regulations and lease between the landlord and the tenant.
In the event that there is a breach of any of the foregoing covenants, it shall be deemed a breach of the lease and the
rules and regulations and the tenant may be evicted.
34
17.
Termination of lease proceedings may be instituted if the tenant is in violation of the aforementioned terms
which the pet owner has agreed to abide by in signing the Pet Rider attached to the lease.
18.
This pet rider is exclusively for the pet identified herein. No other pet shall be permitted at any time in the
apartment or on development property without the Landlord’s express written consent. Please be advised that this
property no longer permits dogs over 35 lbs. Upon the death or removal of the specific dog identified herein, this
policy will go into full force and effect for your tenancy.
DATED:
__________________________________
TENANT
DATED:
__________________________________
LANDLORD
35
PET CARETAKER RIDER
This pet rider to the lease between ____________________________ (tenant) and
_________________________is made a part of the lease entered between parties on
___________________________.
1.
Both parties have read, agreed to and signed the attached pet guidelines in effect for the complex.
2.
The resident will keep his/her pet in a responsible manner and provide proper care for it as provided in said
guidelines.
3.
In accordance with the Pet Guidelines, the resident will provide the name, address and telephone number,
in the space provided below, of two pet caretakers who by signing this form will assume responsibility for the pet
should the resident become unable to care for the pet, including any damages or medical expenses. The resident will
also provide the name, address and telephone number of the veterinarian responsible for the pet’s health care.
PET CARETAKER #1
NAME:
_______________________________________
ADDRESS:
_______________________________________
TELEPHONE: _______________________________________
SIGNATURE: _______________________________________
PET CARETAKER #2
NAME:
_______________________________________
ADDRESS:
_______________________________________
TELEPHONE: _______________________________________
SIGNATURE: _______________________________________
VETERINARIAN:
NAME:
_______________________________________
ADDRESS:
_______________________________________
TELEPHONE: _______________________________________
36
PET INFORMATION
NAME: ___________________________ APARTMENT # _________
ADDRESS:____________________________
DATE: ____________________________
TYPE OF PET
BREED
COLOR
DOG
CAT
BIRD
FISH
OTHER
PHOTO I.D. FOR PET ATTACH HERE.
LICENSE NUMBER (IF REQUIRED BY LOCAL LAW):
TENANT SHALL NOTIFY MANAGEMENT IF THEY NO LONGER HAVE THE PET
37
AGE
LEAD PAINT DISCLOSURE STATEMENT
Housing built before 1978 may contain lead-based paint, paint chips, and dust. These can pose health
hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of known leadbased paint and lead-based paint hazards in the dwelling. Lessee (tenant) must also receive a Federally
approved pamphlet on lead poisoning prevention.
LANDLORD’S DISCLOSURE
(initial)
(a) Presence of lead-based paint or lead-based paint hazards (check one below:)
___ (i)
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
___ (ii)
housing.
Landlord has no knowledge of lead based paint and/or lead-based paint hazards in the
(b) Records and reports available to the landlord (check one below):
___ (i)
Landlord has provided the tenant with available records and reports pertaining to lead-based
paint hazards in the housing (list documents below).
___ (ii)
Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
TENANT’S ACKNOWLEGMENT
(initial)
___ (c) Tenant has received copies of all information listed above.
___ (d) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home.
LANDLORD’S OR BROKER’S ACKNOWLEDGMENT
(initial)
___ (e) The Broker or Licensee has informed the landlord of his obligation under 42 U.S.C. 4582(d) and is
aware of his/her responsibility to ensure compliance.
III.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their knowledge, that
the information provided by the signatory is true and accurate.
TENANT
______________________ LANDLORD _______________________
38
Address of Premises ____________
Apt #________________
Name of Tenant(s) ________________________________
RETAIN A COPY FOR YOUR RECORDS
Semi-Annual Notice to Tenant Regarding Window
Guards
You are required to sign & return this form to
your landlord within 30 days.
•
Your landlord is required
windows if you live above
with you under the age of
regularly visit(s), or if
by law to install window guards in your
the 1st floor, and have a child living
10 or you have a child(ren) who
you have requested them.
•
It is prohibited by law for you to interfere with or remove
window guards once installed.
•
Your landlord is required to inspect the window guards installed
in the windows in your apartment annually, and you must allow the
landlord entry to do so.
PLEASE FILL OUT AND RETURN TO YOUR LANDLORD
Please answer the following:
I have a child under the age of 10 who currently resides in my apartment
Yes
No
I want window guards installed in my windows as I have a child(ren) who visits
regularly
Yes
No
I have no child(ren) in my apartment, however I am requesting window guards
Yes
No
I currently have window guards installed in my windows
Yes
No
I certify the above information to be correct.
Name of Resident________________________________
Signature_______________________________________ DATE_________________
39
DEPOSITS
A landlord of RESIDENTIAL PREMISES is barred from taking more than 1-1/2
month’s rent as security, or advanced rent. N.J.S.A. 46:8-21.2.
46:8-21.2. Limitation on amount of deposit
An owner or lessee may not require more than a sum equal to 1 1/2 times 1
month's rental according to the terms of contract, lease, or agreement as a
security for the use or rental of real property used for dwelling purposes.
Whenever an owner or lessee collects from a tenant an additional amount of
security deposit, the amount collected annually as additional security shall not be
greater than 10 percent of the current security deposit.
"Additional security" for the last month's rent must be included in the calculation
of the 1-1/2 month's rent.
All residential landlords are required to deposit security
deposit monies received in an interest bearing account. The type of account depends
on the number of rental units being rented by a landlord.
A Landlord is not entitled to request an additional security deposit if the tenant
has a pet. A landlord may, however, require that the tenant pay a non-refundable pet
fee, in addition to pet rent (assuming non-rent controlled municipality.)
A Landlord is also required to give a residential tenant notice, in writing, of the
name and address of the bank (or other lending institution) where the security deposit is
being held, the current interest being earned on the deposit, the type of account and
interest rate being paid on the account, within 30 days of the receipt of the security
deposit from the tenant. If the property is an owner-occupied property with not more
than two rental units, a tenant must ask the landlord to provide notice of the location of
the Security Deposit.
If any landlord fails to provide such notice, the tenant may give written notice to
the landlord directing them to apply the money deposited by the tenant towards rent
40
payments which are due or which will become due in the future. The tenant is then
without obligation to pay any future security deposit to the landlord, and the landlord is
not entitled to make any further demand for a security deposit.
Landlords may put the security deposit information directly on the lease. This
acts as proof of “receipt” by the tenant of the required notice.
The Security Deposit Act requires the return of a tenant's security deposit within
30 days of the termination of the lease, less any deductions owed to the landlord.
There may be a question as to when a lease “terminated” for purposes of calculating the
time in which the deposit must be returned.
If the security deposit is not returned in full, the landlord must provide the tenant
with an itemized statement of deductions and interest earned on the deposit. BEWARE!
If a landlord fails to return the deposit within the 30 day period, and the tenant is forced
to commence suit for its return, and the Court finds that any portion of the security
deposit has been wrongfully withheld, the tenant is entitled to recover double the
amount of the security deposit and may also recover full costs and attorney fees, less
any amounts owed to the landlord.
The doubling penalty is mandatory where any
amount is found to be due to the tenant.
41