HIGHTSTOWN: Borough Council sets rental sleeping spaces

Ordinance limits number of people sleeping in a given space

By Amy Batista, Special Writer
HIGHTSTOWN — The Borough Council unanimously approved a housing code ordinance that sets limits on how many people can sleep in a rental unit during its Aug. 4 meeting.
The ordinance amends certain provisions contained within Subsection 13-3-8, entitled "Use and Occupancy of Space," of Section 13-3, entitled "Housing Standard for Owner Occupied Units and Rental Units," of Chapter 13, entitled "Housing," of the Borough Code.
"I’m glad you made the first step tonight with this ordinance," said resident Eugene Sarafin. "I think you ought to look into the next step in regulating the rent."
He recognized that the council has now "defined things that (Borough Construction Official) George (Chin) can now use to hold people accountable."
According to the ordinance, every room occupied for sleeping purposes by one occupant shall contain at least 70 square-feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square-feet of floor space for each occupant thereof.
Under no circumstances shall there be more than two occupants in each bedroom of a dwelling unit. Children under the age of two shall not be considered to be additional occupants, according to the ordinance.
Non-habitable spaces, including storage and closet areas, kitchens, hallways and all portions of living rooms, dining rooms, dens, enclosed porches, attics, and basements shall not be used as bedrooms or otherwise occupied for sleeping purposes; notwithstanding the foregoing, attics and basements may be used as bedrooms if they have been rendered habitable pursuant to all requirements of the State Housing Code, according to the ordinance.
The number of bedrooms in a dwelling unit is determined by the number of bedrooms on the tax records for the property, according to the ordinance.
"There are number of houses in town that have been bought up and rented out," said Mr. Sarafin. "The problem is that we have no rent control."
He said that the council "really wants to consider, in a town like this, how people are being exploited."
"It’s not a question of fair market value, it’s a question of people being exploited," he said. "You have landlords such as Jeff Bond who are honorable who make an effort to keep people down to a minimum and number of bedrooms that are occupied and not the unlawful families that sleep in shifts as in some houses in this town."
Resident Scott Caster said he was "happy that you are doing this."
"It’s about time and I congratulate you," said Mr. Caster. "It’s an ordinance that covers a lot of ground and there is more room to go."
Council member Larry Quattrone asked how long before it would be before the adopted ordinance enforced.
"It will be advertised on Friday (Aug. 8) so at the end of the week," Mayor Steven Kirson said.
Council member Rob Thibault said that it "gives our code enforcement another tool to control overcrowding."
"I’d like to see (more) than just notices of violation (and) start (seeing) issuing notices of summonses to repeat offenders," said Mr. Thibault. "For a landlord who is violating overcrowding they shouldn’t just get a notice of violation they should get a summons, and I believe the ordinance and State law says they can be fined up to about $1,500 a day. You only have to do that once or twice before the message gets out there. ‘Don’t screw around with Hightstown. They are serious about enforcing.’"
The borough needs to start setting a few examples so everyone follows the ordinance, "otherwise it has no meaning," he said.