A.
Subject to the provisions of partial vacancy decontrol set forth in § 324-9, allowable rent increases for all other rental units falling within the Borough's rent leveling ordinances shall be determined as set forth herein.
B.
At the expiration of a period of not less than 12 consecutive calendar months following the effective date of the last rental increase, a landlord may receive an increase in the rent for such rental unit not to exceed 5% of the prior base rent, subject to Subsection C below.
C.
The maximum allowable annual rent increase that a
landlord may charge a qualified senior citizen or disabled person
shall be determined by the MAP formula and guidelines as set forth
in the Borough's rent leveling ordinances in effect prior to the effective
date hereof. The definition that shall be used to determine qualification
by a senior citizen or disabled person is the definition utilized
to determine protected tenancy status pursuant to the Senior Citizens
and Disabled Protected Tenancy Act (N.J.S.A. 2A:18-61.22 et seq.).
D.
The Borough's Rent Leveling Administrator is hereby
empowered with the authority to hear and determine all applications
for qualification as a senior citizen or disabled person.
[Amended 6-27-2002 by Ord. No. 2002-27]
E.
Any rent increase other than as provided in this chapter
shall be void.
A.
The MAP shall be calculated annually as hereinafter
provided. The MAP for a Class 1 dwelling shall consist of the Operating
Costs Adjustment (OCA) + Tax Adjustment (TA) + Utilities Adjustment
(UA) + Prior Year Carryover (PYC), if any. The MAP for a Class 2 dwelling
shall consist of OCA + TA + PYC, if any.
B.
The TA shall not be added to the MAP calculation whenever
a real property tax increase has occurred as the result of a conversion
of the apartment dwelling from rental to condominium or cooperative
ownership.
[Amended 6-22-2000 by Ord. No. 2000-27]
The OCA for any calendar year shall be calculated
by multiplying the percentage change in the "housing" element of the
Index for the twelve-month period ending in August of the last prior
calendar year by .35.
A.
The TA for any calendar year for any dwelling shall
be calculated in accordance with the following formula: .15 x the
result of T2 - T1 divided by T1, where:
(1)
T2 equals all local property taxes finally assessed
with respect to the dwelling for the last prior calendar year (after
giving effect to any judgment of the Bergen County Board of Taxation
with respect to said year); and
(2)
T1 equals all local property taxes finally assessed
with respect to the dwelling for the next-to-last prior calendar year
(after giving effect to any judgment of the Bergen County Board of
Taxation with respect to said year).
B.
For purposes of calculating the TA, any contiguous
complex of dwellings owned and operated by the same landlord shall
be aggregated and treated as one dwelling.
[Amended 6-22-2000 by Ord. No. 2000-27]
The UA for any calendar year shall be calculated
by multiplying the percentage change in the "gas and electricity"
element of the index for the 12-month period ending August of the
last prior calendar year by .1.
Notwithstanding the provisions of § 324-3, if the MAP in any calendar year exceeds 6.5% for any Class 1 dwelling or 5% for any Class 2 dwelling, the MAP for said calendar year shall be limited to 6.5% or 5% respectively for such dwelling and the excess percentage shall constitute the PYC for said dwelling for the subsequent calendar year.
Any rental charge in excess of that authorized
by the provisions of this chapter shall be void.
A.
In the event that any single-family, condominium or cooperative rental unit shall become vacant, the landlord upon each such vacancy shall, subject to the registration provisions hereinafter set forth in Subsection C, be free to rent said dwelling at a rental price mutually agreeable between landlord and tenant.
B.
For the purpose of this section, a "vacancy" shall
be defined as a voluntary termination of the tenancy by the tenant
or an eviction pursuant to the effective provisions of the laws of
the State of New Jersey dealing with landlords and tenants. The existence
of such vacancy shall be determined in any case by a court of competent
jurisdiction. A cooperative proprietary lease shall not be construed
as a lease for purposes of this section.
C.
Once a new rental is established as provided above, said dwelling unit shall, in all respects, be subject to the rent leveling ordinances of the Borough of Fort Lee, including but not limited to the provisions of § 324-14 hereof.
D.
Notwithstanding anything contained herein to the contrary,
any landlord of a single-family, condominium or cooperative rental
unit establishing a new rental pursuant to the provisions of this
section or any other section of this chapter shall, within 60 days
from the date of commencement of any such new rental, register said
new rental and tenant with the Rent Leveling Board, on forms promulgated
by the Rent Leveling Board, in order to qualify for such new rental.
(1)
In the event that the only violation of a landlord
otherwise entitled to vacancy decontrol is the failure to register
the unit for vacancy decontrol pursuant to this section, the landlord
shall be subject to a penalty equal to 25% of the difference between
the decontrolled rent charged and the maximum allowable controlled
amount for the unit, from the commencement of the tenancy until such
time as the landlord's vacancy decontrol registration form is filed
with the Rent Leveling Board, but not to exceed $5,000. Regardless
of the date on which the tenancy commenced, however, the penalty provided
in this subsection for a first offense shall not be assessed for any
period greater than three years from the date of the filing of the
complaint.
(2)
For second and subsequent violations of this section,
a landlord shall be subject to a penalty equal to 75% of the difference
between the decontrolled rent charged and the maximum allowable controlled
amount for the unit until such time as the landlord's vacancy decontrol
registration form is filed with the Rent Leveling Board.
(3)
Any penalties which may be imposed by the Rent Leveling
Board under this section shall be paid to the tenant within 20 days
of the landlord's receipt of the Rent Leveling Board's decision unless
there is an appeal to the Mayor and Council. In the event there is
an appeal to the Mayor and Council, such payment shall be made within
10 days of the decision of the Mayor and Council. In the event the
penalty is not paid in full within the times prescribed herein, the
tenant shall be permitted to undertake any action to enforce the Rent
Leveling Board's decision.
(4)
The Rent Leveling Board shall accept a landlord's
late filing of a vacancy decontrol registration form as of the month
following the date of the filing of a complaint or as of the date
the late registration was received by the Rent Leveling Board, whichever
is earlier. Thereafter, the landlord shall be entitled to charge the
decontrolled rental amount pursuant to the registration, plus allowable
annual increases, if applicable.
(5)
The penalty provisions provided in this section shall
be applicable to complaints filed on or after the effective date of
this section.
E.
All landlords in the Borough of Fort Lee, whether
or not entitled to vacancy decontrol, establishing a new rental pursuant
to this chapter shall, within 60 days from the date of such new rental,
register the new rental and tenant with the Rent Leveling Board on
forms to be promulgated by the Rent Leveling Board.
F.
In the event that any tenant residing in a building
or complex not subject to limited vacancy decontrol, as set forth
herein, vacates an apartment for another apartment in the same building
or complex, by agreement with the landlord, the base rent of the apartment
to be occupied cannot be increased by more than 15% of the base rent.
Nothing herein shall be construed as preventing
a landlord and a tenant from entering into a lease for a period in
excess of one year. A multiple-year lease may provide for an increase
in a subsequent calendar year; provided, however, that any subsequent
rental increases shall not exceed the MAP for the subsequent calendar
year for which an increase is provided.
[Amended 6-22-2000 by Ord. No. 2000-27]
The MAP for any calendar year commencing after
the effective date hereof shall be promulgated in the following manner.
Not later than September 20, the Tax Assessor shall certify to the
Board the amount of any judgment of the Bergen County Board of Taxation
reducing the assessment of any dwelling for the current year. Not
later than September 30, the Rent Leveling Board shall promulgate
the OCA, UA (if applicable), PYC and MAP for each dwelling for the
forthcoming calendar year.
The provisions of § 324-11 are hereby declared to be solely for furthering the orderly administration of this chapter and shall not be construed as affecting or conditioning any rights or duties of landlords or tenants hereunder.
Any landlord seeking a rent increase shall notify
the tenant by certified mail and the Rent Leveling Board of the calculations
involved in computing the increase, including the base rent and the
calculations involved in computing the OCA, UA (if applicable), TA,
PYC, MAP. In furtherance of this section, the Rent Leveling Board
may, by rule or regulation, prescribe a form or forms to be employed
by the landlord in complying with the provisions hereof.
A.
Every landlord shall register with the Rent Board
and provide the following information:
B.
Failure of any landlord to register in accordance
with the provisions of this section at least six months prior to seeking
relief under this chapter shall preclude the landlord from obtaining
any such relief.
If Articles II through VI shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, then the establishment of rents between a landlord and a tenant shall be determined by the provisions of this section. At the expiration of a lease or at the termination of the lease of a tenant, no landlord may request or receive a percentage increase in rent for any housing space which is greater than the percentage difference between the index three months prior to the expiration or termination of the lease and the index at the date the last previous lease term commenced. For a periodic tenant whose lease term shall be less than one year, said tenant shall not suffer or be caused to pay any rent increase in any calendar year which exceeds the average index percentage differential for the calendar year prior thereto.
