As used in this chapter, the following terms shall have the
meanings indicated:
All or a portion of a building or structure which is available
for rent to tenants, as a single unit, for living and dwelling purposes,
together with all privileges, services, furnishings, furniture, equipment,
facilities and improvement connected with the use or occupancy of
this portion of the property.
Fit for habitation as defined by state and local housing
and health codes, whether occupied or unoccupied, and offered for
rent to tenants.
The rent paid upon initial occupancy plus any percentage
increases based on the Consumer Price Index as specified in this chapter.
Any improvement, addition or alteration of housing space
or equipment that provides a new benefit to a tenant, as well as any
improvements mandated by law, and that must not be upkeep, maintenance,
repairs, rehabilitation of items or services.
A group of adjoining dwellings under common ownership with
centralized management.
The Consumer Price Index for All Items for New York Region/Northeastern
New Jersey and Philadelphia Metro for All Urban Consumers, as issued
by the United States Department of Labor, Bureau of Labor Statistics.
Any building or structure, all or part of which consists
of apartments.
The total rental income derived by the landlord from the
rental of all rental units, which shall also include, but not be limited
to, rents, garage rentals, commissions, vending machines and laundromats.
A situation wherein a landlord's net operating income shall have decreased below a "just and fair return." A Just and Fair Return Formula is set forth in Article VIII of this chapter.
The owner of the dwelling or complex, whether individual
or organization, including but not limited to partnership, corporation,
or limited-liability company.
The difference between the gross rental income and the necessary
and reasonable operating expenses.
Expenses incurred during the period which were necessary
for the efficient operation of a residential rental property. The
Rent Control Board will review these expenses to determine the reasonableness
under the circumstances. Debt service cost, depreciation and amortization
are excluded from necessary and reasonable operating expenses.
The consideration demanded or received in connection with
the use or occupancy of housing space, including, but not limited
to, parking, pets, facilities, privileged services, equipment, furnishings,
or any charge, no matter how set forth, paid by the tenant in connection
with the housing space.
That the housing space and dwelling are free from all heat,
hot water, elevator and all health, safety and fire hazards as well
as 90% qualitatively free of all other violations of the current Borough
Housing Code, and the International Property Maintenance Code, where
applicable.
Charge in addition to base rent, as specified by this chapter,
payable by the tenant to the landlord. Surcharges are not to be considered
part of the base rent when calculating percentage increases based
on the Consumer Price Index.
Anyone who rents or is a subtenant, lessee, or sublessee
of a rental unit, or successor to a renter's interest, or any
group of tenants, subtenants, lessees, or sublessees of any rental
unit, or any other person entitled to the use or occupancy of such
rental unit.
A.
This chapter applies to all rental dwellings in the Borough, including
single-, two-, three- and four-family dwelling units.
B.
The following classes and types of property are exempt from the provisions
of this chapter:
(1)
Motels, hotels, and those parts of buildings or structures which
primarily serve transient guests or are rented for commercial uses
and purposes; that part of the building or structure which remains
after any exempted sections are deleted is referred to as the dwelling
or complex.
(2)
Any apartment or building or complex and/or a part thereof which
is a stock cooperative or a condominium where the charges to all residents
are fixed by a board elected by the residents. Any remaining portion
shall be subject to this chapter as provided herein.
C.
Newly constructed units and units rented for the first time; the
rent in such units shall be determined by the landlord. "Newly constructed
units" as used herein shall mean any original new construction requesting
and receiving exemption pursuant to N.J.S.A. 2A:42-84.2 subject to
the requirements in subsection H hereinbelow and any reconstruction
or substantial renovation of nonresidential property for residential
use.
D.
All multiple dwelling may claim an exemption from this chapter for
a period of time not exceeding the period of amortization of any initial
mortgage loan obtained for the multiple dwelling, or for 30 years
following completion of construction, whichever is less. In the event
that there is no initial mortgage financing, the period of exemption
from this chapter shall be 30 years.
(1)
The owner of the multiple dwelling may claim an exemption pursuant
to N.J.S.A. 2A:42- 84.4 by filing with the Department of Code Enforcement,
at least 30 days prior to the issuance of a certificate of occupancy
for newly constructed multiple dwellings, a written statement of the
owner's claim of exemption from this chapter, including therein
a statement of the date upon which the exemption period so claimed
shall commence, the address of the property, the block and lot number
of the property and the number of rental units in the multiple dwelling
for which the exemption is being claimed. Further, the owner shall,
at least 30 days prior to the termination of the exemption period
granted by the Borough, file with the Department of Code Enforcement
a notice of termination of the exemption period for the affected multiple
dwelling.
(2)
The owner of any of any multiple dwelling exempt from this chapter
pursuant to N.J.S.A. 2A:42-84.2 shall, prior to entering into any
lease with a person for tenancy of any rental unit located in the
multiple dwelling, furnish the prospective tenant with a written statement
that the multiple dwelling in which the rental unit is located is
exempt from this chapter for such time as may remain in the exemption
period. Each lease offered to a prospective tenant for any rental
unit therein during the period the multiple dwelling is so exempt
and shall contain a provision notifying the tenant of the exemption
and that the unit being rented is not subject to the Borough of Highland
Park Rent Control Ordinance.
Establishments of rents between landlords and tenants for dwellings
and rental units as defined in this chapter shall hereafter be determined
by the provisions of this chapter.
A.
The allowable annual rent increase shall be published by the Borough
and posted on the Borough website and in Borough Hall in a public
location by October 15 of each year for the upcoming calendar year.
No landlord shall request or receive a percentage increase in rent
from an existing tenant that is greater than the lesser of the following:
B.
All prospective tenants shall be furnished by the landlord with a
written statement that the rental unit is subject to the terms and
conditions of the Borough of Highland Park Rent Control Ordinance.
Said statement shall further provide that a copy of said ordinance
may be obtained from the Clerk of the Borough of Highland Park, 221
South 5th Avenue, Highland Park, New Jersey 08904-2600, or by calling
(732) 572-3400. Said notice shall also be prominently posted on the
premises wherein the rental unit is located.
A.
The landlord shall notify the tenant of any increase in total rent at least 30 days before the increase takes effect. The notification to the tenant shall include a copy of the landlord's notification required by Subsection B below. In the event a proposed increase is not effective because of a landlord's failure to comply with the requirements of this section, new notice shall be given prior to the increase becoming effective.
C.
A tenant who believes that any increase under § 321-3 sought to be imposed by his or her landlord is not authorized, is not accurately calculated or is otherwise improper under the provisions of this chapter or that the certification required by Subsection B of this section is materially false may challenge such increase in base rent before the Borough Administrator, or his or her designee, by filing a written challenge with the Borough Administrator, or his or her designee, and serving a copy thereof on the landlord or his agent, attorney or employee in person or by registered or certified mail to the usual place of business of the landlord or his agent or to the address to which rent has been mailed during the preceding six months. Such written challenge shall set forth, in reasonable detail, the basis for the challenge and shall identify the provisions of the chapter with which the landlord has failed to comply. During the pendency of any challenge authorized by this chapter, the increase in rent shall continue to be paid as a part of total rent.
D.
In the event the Borough Administrator, or his or her designee, finds
that any increase in rent is improper under the terms of the chapter,
they may order a refund of excess rent paid during the period commencing
six months prior to the filing of the written challenge to any tenant
who challenged such increase or adjustment. Any refund so ordered
shall be promptly made by the landlord, failing which the tenant may
deduct the amount of the refund from the rent in the month or months
due on and after 45 days from the decision of the Borough Administrator,
or his or her designee, until the refund is paid in full; provided,
however, that the tenant may deduct from total rent only the amount
of the increase in rent or such part thereof as is found to be improper
by the Borough Administrator, or his or her designee, for each month's
rent due on and after the decision of the Borough Administrator, or
his or her designee.
F.
All increases and adjustments to the total rent of an apartment in
the Borough must be in compliance with the provisions of this chapter.
G.
Any increase or adjustment in total rent in excess of that authorized
by the provisions of this chapter shall be void.
