Galloway's Noise Ordinance Amended to Hold Landlords Responsible for Violations

After considering it for about a month and a half, Galloway Township Council adopted an amendment to the township’s noise ordinance that puts more responsibility on a landlord whose tenants disrupt their neighbors’ quality of life Tuesday night.

Council approved the amendment, titled “Landlord Responsibility,” and more commonly known as an “Animal House Ordinance” by a vote of 6-0. Councilman Tom Bassford was absent.

The amendment calls for fines and the possible revocation or suspension of any landlord’s registration when their tenants are found to be in violation three times within 18 months.

Tenants violating the ordinance face fines of between $100 and $1,500, possible time in Atlantic County jail and community service.

Additionally, landlords who fail to register or maintain registration can be fined between $100 and $1,500 for each violation, and each rental unit counts as a separate entity.

During Tuesday night’s public hearing, council emphasized the landlord would be held responsible, as would a managing agent to whom the landlord passed authority over a property to. They also assured a landlord would not be in danger of being penalized as long as they demonstrated a “good faith effort” to rectify any problems caused by their tenants.

Multiple residents questioned why landlords were held responsible for their tenants’ actions over an 18-month period as opposed to a year.

“This is designed to give greater protection to their neighbors,” Township Solicitor Michael Fitzgerald said. “If we wipe the slate clean every year, someone could have two violations every year and the township would be unable to do anything about it.”

Council further stated there are no new fees associated with the amendment.

One real estate agent questioned the reason behind making sure landlords couldn’t register initially unless they were current on their taxes. He said the township didn’t have the right to deny registration based on whether a person has paid their taxes.

“There are people against the wall because of the economy,” the agent said. “It would help me pay my taxes if I could rent out my property.”

“I’ve seen landlords not pay taxes, just pocket the money and walk away,” Township Manager Arch Liston said.

“As long as the policy is legal, we’re going to do it,” Mayor Don Purdy said.

 Some of the wording had to be clarified, as well, including requiring a landlord with five or more properties to provide an updated list of tenants to the police department on a monthly basis.

“Changeover takes place constantly,” Fitzgerald said. “You don’t have to update police immediately. You just need to update your list monthly and report any changes. If there are no changes, there’s no need to report it.”

Deputy Mayor Tony Coppola noted that a result of the amendment is that landlords know when there is a violation on one of their properties. He said that isn’t currently the case, and that many landlords are not currently aware of violations on their properties because only tenants are currently penalized.

“They’ll be cognizant of violations now,” Coppola said. “I think some landlords would be enlightened to know of violations on their properties.”

It was also important for council to maintain the privacy of the tenants.

“There are some municipalities who put stickers on the front doors of their rental houses,” Purdy said. “There was no way we were going to do that.”

The process for holding landlords responsible was still to be determined between the police department and the construction office.

“Once it’s figured out, we’ll report that back to council,” Liston said.

Fitzgerald added the amendment could be modified and improved as time goes on.

When the discussion first began in September, Purdy noted the problem of renters disrupting neighbors’ quality of life with loud parties late at night only recently came to the forefront in the township.

Council has also been careful to note that while college students are popularly blamed for problems, students from the Richard Stockton College of New Jersey are not the only groups causing this type of disruption in Galloway.

The amendment is posted on the township’s website, and can be viewed in full here.