Live-In Staff Housing Policy

I. Introduction

Certain Residence Life staff, namely Assistant Directors, Area Coordinators, Residence Coordinators and Graduate Assistants, are provided an on-campus apartment or suite as a condition of their employment with NJIT. This policy outlines the policies and procedures applicable to such Residence Life staff with respect to the on-campus apartment or suite they occupy.

II. Definitions

Live-In Staff Member: A Live-In Staff Member is an Assistant Director, Area Coordinator, Residence Coordinator or Graduate Assistant who is required to reside within a designated on campus apartment or suite as a condition of their employment with NJIT.
Licensed Housing: The Licensed Housing refers to the on campus apartment or suite where a Live-In Staff Member resides as a condition of their employment with NJIT.
Other Occupants: Other Occupants are any person who, after approval from NJIT, resides within the Licensed Housing with the Live-In Staff Member.

III. Policy & Procedures

NJIT provides Live-In Staff Members the Licensed Housing in order for them to satisfy their employment obligation of maintaining oversight of students. NJIT provides the Licensed Housing under license to the Live-In Staff Member solely during their term of employment and no tenancy is intended to arise from the Live-In Staff Member’s and/or Other Occupant’s residing in the Licensed Housing. As such, should a Live-In Staff Member’s employment with NJIT terminate, then the Live-In Staff Member and/or Other Occupants must vacate the Licensed Housing immediately. Further, NJIT reserves the ability to reassign the Live-In Staff Member to another designated on campus apartment or suite at its sole discretion.

Other Occupants

A Live-In Staff Member who wishes for Other Occupants to reside in the Licensed Housing must first make the request to the Director of Residence Life by completing the Occupancy Live-In Request Form. The only individuals who are eligible to be Other Occupants are:

A spouse, domestic partner, civil union partner or a partner with whom the Live-In Staff Member has a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship;
The Live-In Staff Member’s son or daughter under the age of eighteen (18), or the minor son or daughter of the Live-In Staff Member’s spouse, domestic partner or civil union partner. A “son or daughter” means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis;
A sibling under the age of eighteen (18) for whom the Live-In Staff Member serves as a guardian or otherwise has legal custody of; or
Any other individual under the age of eighteen (18) of whom the Live-In Staff Member has legal custody.
For a one-bedroom apartment, no more than one (1) Other Occupant is permitted. For a two-bedroom apartment, no more than three (3) Other Occupants is permitted. The request will be reviewed and approved by the Director of Residence Life or their Designee within seven (7) days. NJIT may request documentation including, but not limited to, documentation demonstrating the individual’s eligibility to be an Other Occupant and the Live-In Staff Member will provide such documentation promptly. Other Occupants must not move into the Licensed Housing until after NJIT has approved such individual as an occupant of the Licensed Housing and they have signed the Licensed Housing Agreement, which the Live-In Staff Member must also sign before moving in. As specified in the Licensed Housing Agreement, the Live-In Staff Member is strictly prohibited from deriving any compensation from the Other Occupants (or guests) for their residing in the Licensed Housing.
All Other Occupants reside in the Licensed Housing at the will of the Live-In Staff Member and, accordingly, the Live-In Staff Member may request that the Other Occupant vacate the apartment. Further, NJIT may request that the Other Occupants vacate the Licensed Housing. In the event that an Other Occupant no longer resides in the Licensed Housing, the Live-In Staff Member must inform the Director of Residence Life within three (3) business days.

B. Access to the Licensed Housing

NJIT will provide the Live-In Staff Member and each of the Other Occupants: (a) a key to the Licensed Housing and (2) an NJIT ID access card that enables access to the building and front door (if applicable) where they reside. The Live-In Staff Member and the Other Occupants must not share the NJIT-issued keys and ID access cards with anyone nor may the keys be duplicated. If the Live-In Staff Member and/or the Other Occupants loses their key and/or NJIT ID access card, they must immediately report the loss to the Director of Residence Life. Children under the age of eighteen (18) may be issued a key and/or access card, but in order to do so the Live-In Staff Member will have to sign for the child(ren) to receive the keys and/or access card.

C. Guests

No guests may accompany the Live-In Staff Member when attending to their work responsibilities on campus.

Live-In Staff Members and Other Occupants are permitted to have overnight guests within their Licensed Housing in accordance with the above occupancy limits and as follows:

Short-Term Guest: A short term guest is one that would stay overnight for a weekend, holiday or a short period of time that is less than or equal to seven (7) days. The Live-In Staff Member must use best efforts to notify the Associate Director in their reporting line prior to the arrival the short-term guests (three (3) business days prior). NJIT understands that occasionally there may be unexpected guests staying for one night. In such event, notification is not needed prior to the arrival but notification still should be provided to the Associate Director as soon as practicable. Short term guests will not be issued a key unless approved by the Director of Residence Life or their designee.
Long-Term Guest: A long-term guest is one that stays for a period of time longer than seven days (7) but less than thirty days (30); no guests are permitted to reside in the Licensed Housing for more than thirty continuous (30) days. The long-term guest is expected to reside within the Licensed Apartment while Live-In Staff Member is attending to their work responsibilities on campus. All long-Term guests must be registered and approved by the Director of Residence Life prior to arrival by completing the Residence Life Guest Occupancy Request Form; this form must be submitted no later than ten (10) business days prior to the long-term guest’s arrival. If requested, a long-term guest may be issued a temporary access card and key to the building.
A guest will need approval from the Director of Residence Life to reside within the Licensed Housing when the Live-In Staff Member or Other Occupant is away from campus overnight or while traveling for business.

D. Pets

A Live-In Staff Member may submit a request to the Director of Residence Life for a pet to reside with the Live-In Staff Member in the Licensed Housing.

E. Conduct

All Live-In Staff Members must conduct themselves in a professional and responsible manner while modeling good citizenship behavior to the student communities they serve. Similarly, it is expected that all Other Occupants adhere to all guidelines NJIT has established, including those with respect to acceptable conduct. Further, the Live-In Staff Member must ensure that Other Occupants’ behavior or actions will not negatively impact the Live-In Staff Member ability to carry out their job duties, will not be disruptive to others, and will not interfere with others’ quiet enjoyment of the premises. All furniture in the Licensed Housing must remain in the Licensed Housing; no exceptions will be made. The Live-In Staff Member is solely responsible and liable for the acts, omissions and damage caused by the Other Occupants.

LIVE-IN STAFF MEMBER LICENSED HOUSING AGREEMENT

This Live-In Staff Member Licensed Housing Agreement (the “Agreement”) is entered into by and between the New Jersey Institute of Technology (“NJIT”) and the “Live-In Staff Member” that is identified in the signature block of this Agreement and who is employed by NJIT. NJIT will provide the Live-In Staff Member an on campus apartment or suite where they will reside as a condition of their employment (the “Licensed Housing”). This Agreement is intended to constitute a license for the use of the Licensed Housing, and it is further intended that this Agreement will not constitute a lease and will not create or transfer an interest in or a lien upon real estate.

NJIT and the Live-In Staff Member agree as follows:

Grant of License. NJIT provides the Licensed Housing to the Live-In Staff Member solely during their term of employment. As such, should a Live-In Staff Member’s employment with NJIT terminate or NJIT so demands, then the Live-In Staff Member and/or Other Occupants must vacate the Licensed Housing immediately. Further, NJIT reserves the ability to reassign the Live-In Staff Member to another designated on campus apartment or suite at its sole discretion.
Term of License. The term of this Agreement shall commence on the Live-In Staff Member’s first day of occupancy of the Licensed Housing pursuant to their employment with NJIT regardless of the date of execution and shall continue in effect through the Live-In Staff Member’s last day of employment as Live-In Staff or the day the Live-In Staff vacates the Licensed Housing, whichever is later.
No Right to Transfer or Assign nor Receive Compensation Related to the Licensed Housing. The Live-In Staff Member is not permitted to transfer or assign the right to occupy the Licensed Housing, or any part of the Licensed Housing, to any other person. Additionally, the Live-In Staff Member is not permitted to derive any compensation from the Other Occupants (or guests) for their residing in the Licensed Housing.
Other Occupants. A Live-In Staff Member who wishes for others to reside in the Licensed Housing must first make the request to the Director of Residence Life by completing the Occupancy Live-In Request Form. Only certain categories of individuals are eligible to reside in the Licensed Housing:
1. A spouse, domestic partner, civil union partner or a partner with whom the Live-In Staff Member has a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship;
2. The Live-In Staff Member’s son or daughter under the age of eighteen (18), or the minor son or daughter of the Live-In Staff Member’s spouse, domestic partner or civil union partner. A “son or daughter” means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis;
3. A sibling under the age of eighteen (18) for whom the Live-In Staff Member serves as a guardian or otherwise has legal custody of; or
4. Any other individual under the age of eighteen (18) of whom the Live-In Staff Member has legal custody.

The total number of occupants residing in the Licensed Housing may not exceed two (2) for a one-bedroom apartment or four (4) for a two-bedroom apartment. The request will be reviewed and approved by the Director of Residence Life or their Designee within seven days. NJIT may request additional documentation including, but not limited to, documents demonstrating the individual’s eligibility and the Live-In Staff Member will provide such documentation promptly. Only after approval will such individuals be permitted to move in and reside in the Licensed Housing and these individuals will be referred to as “Other Occupants” in this Agreement.

The Live-In Staff Member is responsible for the conduct of all Other Occupants/Guests and the Live-In Staff Member shall ensure that all Other Occupants/Guests comply with the terms and conditions of this Agreement, all applicable NJIT policies and all federal, state and local laws. Further, the Live-In Staff Member must ensure that Other Occupants’ behavior or actions will not negatively impact the Live-In Staff Member ability to carry out their job duties, will not be disruptive to others, and will not interfere with others’ quiet enjoyment of the premises. In the event that an Other Occupant no longer resides in the Licensed Housing, the Live-In Staff Member must inform the Director of Residence Life within three (3) business days.

The Live-In Staff Member and Other Occupants acknowledges that the Licensed Housing is located within a residential dormitory on NJIT’s campus. The Live-In Staff Member is solely responsible for assuring that minor-aged Other Occupants will have an appropriate level of care and supervision while on NJIT’s open campus. The Live-In Staff Member will submit a plan of care to the Director of Residence Life for any minor-aged Other Occupant(s) should the Live-In Staff Member need to respond to an emergency or crisis.

All responsibilities and obligations of the Live-In Staff Member under this Agreement, including the date by which the Live-In Staff Member must vacate, are applicable to Other Occupants, even if such applicability is not explicitly stated elsewhere in this Agreement. All Other Occupants of the age of majority sign below to accept and agree to this obligation.

Keys and NJIT Access ID. NJIT will provide the Live-In Staff Member and each of the Other Occupants: (a) a key to the Licensed Housing and (2) an NJIT ID access card that enables access to the building and front door (if applicable) where they reside. The Live-In Staff Member and the Other Occupants must not share the NJIT-issued keys and ID access cards with anyone nor may the keys be duplicated. If the Live-In Staff Member and/or the Other Occupants loses their key and/or NJIT ID access card, they must immediately report the loss to the Director of Residence Life. All must Other Occupants must maintain appropriate NJIT ID on their person at all times and provide such ID upon request by NJIT.
Parking. Should Other Occupants require parking on campus they will register their vehicle and pay for parking based on the published payment schedule with the Facilities Systems, Photo Identification and Parking Services office. Other Occupants may park in the NJIT parking decks once they receive and display their NJIT parking hang tag. Other Occupants must adhere to all parking rules and regulations.
Guests & Pets. NJIT generally does not permit pets to reside in the Licensed Housing with the Live-In Staff Member unless the request has been approved by the Director of Residence Life. Live-In Staff Members and Other Occupants are permitted to have overnight guests within their Licensed Housing as stated in the Live-In Staff Housing Policy.

The Live-In Staff Member is solely responsible and liable for the acts, omissions and damage caused by the Other Occupants.

Maintenance, Alterations and Prohibited Items. The Live in Staff Member and each Other Occupant agrees to the following:
1. All furniture in the Licensed Housing must remain in the Licensed Housing; no exceptions will be made.
1. The Licensed Housing and all of its NJIT-owned contents must be maintained in good working order and in a safe, clean, and habitable condition, wear and tear excepted. In the event a repair or maintenance is needed, notice of such will be provided to NJIT promptly.
1. Repairs, alterations, or improvements to any part of the Licensed Housing including, but not limited to, painting, removing, or installing, unless prior written approval is obtained from the Director of Residence Life.
1. To not smoke inside the Licensed Housing or within the building the Licensed Housing is located.
1. To not have, use or possess firearms, ammunition, other weapons, nor flammable materials or substances (i.e. live Christmas trees, gasoline, fireworks, candles, oil paint thinner, etc.).
2. To not use halogen lamps.
3. To abide by all Federal and state laws with respect to alcohol and other drugs.
4. To not use external antennas.
5. To not paint on any surfaces and/or fixtures.
6. To not remove or open window screens or to pass or throw anything through windows.

I. Right of Entry. With two (2) days’ notice, NJIT shall have the right to enter the Licensed Housing during reasonable hours to inspect and inventory the Licensed Housing, make repairs or perform maintenance. Notwithstanding, in the event of an emergency, NJIT has the right to enter the Licensed Housing.

J. Damage & Liability. The Live-In Staff Member is solely responsible and liable for the acts, omissions and damage caused by the Other Occupants and guests and the Live-In Staff Member agrees to pay for the cost of repair, replacement and/or cleaning as reasonably determined by NJIT. The Live-In Staff Member and/or Other Occupants assume all responsibility for personal belongings. NJIT is not responsible for damage or loss to the personal property of the Live-In Staff Member and/or Other Occupants regardless of cause. The Live-In Staff Member and/or Other Occupants are strongly encouraged to carry personal insurance to cover their personal property while residing in the Licensed Housing.

K. Separation/Termination. Should a Live-In Staff Member’s employment with NJIT terminate, then the Live-In Staff Member and/or Other Occupants must vacate the Licensed Housing immediately

L. No Third Party Beneficiaries. This Agreement is not intended, and shall not be construed, to create third party beneficiary rights in any person, including, but not limited to, any Other Occupants.

M. Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding this matter and merges any and all prior discussions, representations, promises, and warranties within its scope. This Agreement may not be modified, renewed, or extended, except in writing, signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of laws rules, with all disputes venued in Essex County. This Agreement may be executed in any number of original, facsimile or pdf counterparts. Each such counterpart shall for all purposes be deemed an original.

N. Background Check. Other Occupants approved to reside with the Live-In Staff Member will be cleared through a background check. The Live-In Staff Member will be responsible for the cost of the background check.