Where a landlord because of unusual circumstances
is agreeable to forgo the maximum allowable rent, he may apply to
the Board setting forth the reasons therefor in order to protect the
base rent, so that the higher rent is not waived as the base for a
future tenant.
A.
Where a tenant or landlord requests that the rental
to be charged be in excess of that allowed pursuant to the provisions
of this chapter by virtue of personalized services, furnishing, furniture,
equipment, facility, alteration, improvement or other special addition
to their housing space, or by virtue of the granting of an option
to purchase the unit, for which the landlord and tenant have negotiated
a mutually satisfactory agreement as to price and terms of payment,
the landlord must submit a copy of the proposed lease (including the
provision regarding the specialized service or option to purchase)
to the Board for its review and its prior approval.
B.
The Borough shall have the right to conduct a hearing,
call witnesses, require certified documentation and/or expert testimony
concerning the value of the personalized services, option to purchase,
additional amenities and/or concessions being offered by the landlord.
C.
In the event that any party files a complaint to the
Board with regard to any lease contemplated by this section which
has either been disapproved by the Board or has not been previously
approved by the Board, for a determination that the rental being charged
is in violation of the provisions of this chapter, the tenant shall
be entitled to a rollback of the rental in accordance with the maximum
rental provisions allowed pursuant to other provisions of this chapter.
D.
The fact that the parties voluntarily entered into
an agreement not approved by the Board or not submitted to the Board
for prior approval shall not be a defense to such a complaint.
E.
No lease contemplated by this section shall be approved
by the Board at any time after the filing of a complaint under this
section.
