Residential Sales & Rentals

Residential Sales & Rentals

The Borough adopted §31-1 et seq. on December 30, 2025, to address an increase in
the number of single-family dwellings within the Borough where rooms are being
rented or subleased. The purpose of the new regulation is to protect the public
health, safety, and welfare by establishing minimum standards for these premises,
and to preserve the intended character of the Borough’s family neighborhoods

Requirements:
1. All residential sales or changes of occupancy in the Borough require a Fire Safety Inspection.

2. The State of New Jersey requires Landlord Registration within 30 days of
taking ownership of or creating new rental housing. Only owner-occupied, 2-
unit buildings are exempt from Landlord Registration.

• 1 or 2 residential units, not owner-occupied must file Landlord Registration with the Municipal Clerk.
• 3 or more residential units – file Landlord Registration with the Bureau of
  Housing Inspections in the NJ Dept. of Community Affairs (DCA).  DCA will
  send a copy of the files statement to the Municipal Clerk for the public
  record.

3. Each new rental unit or change of tenancy in a single-family zone must
receive a Certificate of Habitability in addition to Fire Safety Inspection from
the Borough of Morris Plains prior to occupancy or re-occupancy.

Certificate of Habitability

§31-1 et seq. states:

• Occupancy limit: The occupancy limit of any dwelling in a single-
  family residential zone in the Borough is limited to a single family and
  no more than two additional occupants.
• Duration: All leases, subleases, or other rental arrangements of
  dwelling units in single-family or two-family residences must be for at
  least six months in duration.
• Application: The property owner must submit the Borough’s combined
  Fire Safety and Habitability Inspection application and the appropriate
  fees.
• Inspection: The Enforcement Officials will schedule a Fire Safety & Habitability Inspection prior to tenants moving in.
• Permits: All construction permits must be closed prior to issuing a
  Certificate of Habitability.
• Occupancy Standard: Once the unit has passed
  inspection/reinspection, the Enforcement Official will issue a signed
  Occupancy Standard Form stating the maximum number of residents
  allowed, which must be signed and returned by the property
  owner/manager and new tenants and returned to the Borough.
• Certificate of Habitability: Once the signed Occupancy Standard Form
  is received, the Borough will issue a Certificate of Habitability for the
  dwelling unit for the duration of the lease.
• Penalties: Penalties will be assessed for any property owner in
  violation of any provisions of §31-1 et seq.

Contacts

Christopher Shay
Chief of Fire Prevention Bureau
Fire Marshal / Fire Official A.A.S./F.O.
531 Speedwell Avenue
Morris Plains, NJ 07950
mpfp@morrisplainsboro.org
973-590-2401
973-590-2402 FAX

Don Salerno
Zoning Officer
531 Speedwell Avenue (small white building adjacent to parking lot of Borough Hall)
Dsalerno@morrisplainsboro.org
973-538-0325
Office Hours: Tuesday and Thursday – 9:00 a.m. – 2:00 p.m.