Belmar Rentals 411

Why does Belmar have an Animal House Ordinance?

The purpose of Belmar’s Animal House Ordinance is to preserve the peace and tranquility of the community by curbing and discouraging those occasional excesses arising from the actions of irresponsible tenants of seasonal rental properties and their guests. Belmar’s Animal House ordinance was adopted in 1998 pursuant to enabling legislation enacted by the New Jersey Legislature, N.J.S.A. 40:48-2.12(n), et seq., which recognized the severe problems that have plagued Shore area resort communities as a result of seasonal rental properties.

How does a property become designated an Animal House?

A property is only designated an Animal House after an administrative law hearing has been held and the hearing officer has found that in any twelve-month period, two complaints on separate occasions, of “disorderly, indecent, tumultuous or riotous” conduct have been substantiated by prosecution and convictions in court where such conduct was found to have taken place upon or in proximity to the seasonal rental premises and was attributable to the tenants of that seasonal rental property. Acts that may result in a property being designated an Animal House may include by way of example, but are not limited to, (a) simple assault, (b) assault, (c) terrorist threats, (d) harassment, (e) lewdness, (f) urinating in public, (g) criminal mischief, (h) or excessive noise and other criminal acts. Unless a landlord is able to demonstrate that he has taken effective action to prevent such problems, he can be required to a post a bond of up to $5,000.00 to cover the Borough’s costs of dealing with future quality of life issues at that property. The bond remains in place for 4 years. The Borough categorizes rental properties that have designated Animal Houses and for which a bond has been posted as Category 1 Animal Houses.

What happens if another quality of life violation occurs at a Category 1 Animal House property?

In the event a Category 1 Animal House is the source of another quality-of-life violation within a 4-year period following the posting of the bond, the Borough may draw against the bond to fund th cost of repressing future violations. In 2004, the Borough began taking steps to repress further Animal House violations by hiring and posting Monmouth County Sheriff’s Officers outside the Animal House properties on weekend evenings. The cost of the Sheriff’s Officers can be as much as $1,000 per weekend, which is charged against the bond posted by the landlord. This measure has been extremely effective, and it has not been necessary to issue any further summonses against the occupants of any these properties.

What is the difference between Category 1, 2 and 3 Animal Houses?

A Category 1 Animal House is a property that has been determined by a hearing officer to meet the statutory and ordinance criteria to be an Animal House. This only occurs if a property has been the subject of two substantiated summonses for quality of life-type violations (e.g., noise, urinating in public, fighting, disorderly conduct), within a 12-month period. A substantiated summons means there has been a conviction or guilty plea on the summons. Owners of Category 1 properties are required to post a bond of up to $5,000.00 to cover the Borough’s costs of repressing future quality of life violations at the property.

A Category 2 Animal House is a property that has been the subject of two substantiated quality of life summonses in a 12-month period, and is awaiting an Animal House hearing. If the hearing results in a determination that the property is an Animal House, it becomes a Category 1 Animal House.

A Category 3 Animal House is a property that has been the subject of one substantiated quality of life-type summons. If no further summonses are issued in a 12-month period, the property is removed from the Animal House list, and becomes an uncategorized summer rental. If a second summons is issued during the 12-month period following the date of the first summons, and the second summons is substantiated, the property is re-categorized as a Category 2 Animal House.

What happens if a Category 1 Animal House property gets another summons for a quality of life-type violation?

The Borough assigns a Sheriff’s Officer in a marked patrol car outside your property for each weekend night until the Chief of Police determines that the tenants are likely to comply with the Borough’s ordinances. The cost of posting an Animal House is about $1,000 per weekend. The Borough will seek to recover this amount from the bond posted by the landlord of an Animal House. If the cost exceeds the amount of the bond, the Borough will seek an order requiring the landlord to post additional funds.

Are tenants liable for the $1,000-per-weekend cost of the Sheriff’s Officer posted outside a Category 1 Animal House?

It depends on your lease. Most landlords include provisions in their lease that will give them a basis to pursue the tenants for these costs. Tenants are strongly encouraged to review their leases and seek legal counsel so that they fully understand their rights and potential liabilities.

What if I am renting a unit on a Category 1 Animal House property, and the tenants in the other unit are the ones that get a summons?

The Borough will assign a Sheriff’s Officer to the property if any unit on a Category 1 Animal House property receives a summons. Whether the landlord will seek to recover the cost of the Sheriff’s Officers from the responsible unit or all of the tenants will depend on the terms of the lease and the landlord. Tenants are strongly encouraged to review their leases and seek legal counsel so that they fully understand their rights and potential liabilities.

Must the two summonses required before a property is designated a Category 1 Animal House be issued in the same season to the same tenants?

No. The Animal House statute requires only that the violations occur in a 12-month period. So, for example, a violation from Labor Day weekend last summer involving one set of tenants, and a violation on Memorial this summer involving a completely different set of tenants will still provide a basis for designating the property an Animal House after a hearing.

What is a substantiated summons?

A substantiated summons is a summons that results in a conviction or guilty plea.

What is a quality of life-type violation?

Noise, fighting, disorderly persons offenses and urinating in public violations all constitute quality of life-type violations.

Shouldn’t my landlord have warned me that I was renting a Category 1 Animal House and that after getting only one summons I could have a Sheriff’s Officer assigned to sit outside my house and possibly be held financially liable for the cost of that officer?

Yes. Landlords who rent Category 1 Animal Houses are required by Borough ordinance to obtain a certification from each tenant acknowledging that the tenants are aware that the property has been designated an Animal House and of the consequences if another summons is issued.