The Rent Leveling Board as heretofore constituted
is hereby continued. The members currently serving on the Board may
continue to do so until their term expires and until their successors
shall have qualified.
A.
The Board shall consist of seven members appointed
by the Mayor with the advice and consent of the Council, all of whom
shall serve without compensation, and at least one of whom shall be
a landlord or the managing agent of a landlord and one of whom shall
be a tenant and one of whom shall be a homeowner and one of whom shall
be a resident owner of a cooperative or condominium apartment. Upon
the expiration of the term of any member, the Mayor, with the advice
and consent of the Council, shall appoint a citizen for a term of
three years. Vacancies occurring in the Board shall be filled by the
Mayor with the advice and consent of the Council for the unexpired
term only. A member of the Board shall be removable for cause by the
governing body upon written charges and after public hearing thereon.
B.
The Board shall not elect a Chairperson for each year
until after the completed reorganization of the Board and after each
of the new appointments shall have been seated and qualified. The
intent of this subsection is to assure that all new appointments have
the right to vote for a Chairperson during the initial year of their
appointment.
A.
The Board is hereby granted, and shall have and exercise,
in addition to other powers herein granted, all the powers necessary
and appropriate to carry out and execute the purposes of this chapter,
including but not limited to the following:
(1)
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this chapter, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in the exercise of its discretion,
provided that such rules and regulations are approved, modified or
disapproved by resolution of the Mayor and Council, which resolution
approving, modifying or disapproving such rules and regulations shall
be adopted by the Mayor and Council within 90 days from receipt thereof.
In the event the Mayor and Council fail to adopt said resolution within
90 days, the rules and regulations shall be deemed to be approved
by the Mayor and Council in the form submitted.
(2)
To supply information and assistance to landlords
and tenants to help them comply with the provisions of this chapter.
(3)
To hold hearings and adjudicate applications from
tenants for reduced rental as provided herein.
(4)
To enforce the provisions of this chapter and to initiate
proceedings in the municipal court of willful violations thereof.
(5)
To issue subpoenas to compel the attendance of witnesses
and the production of books and records in connection with hearings
held pursuant to the provisions of this chapter.
B.
The Board shall give both landlord and tenant reasonable
opportunity to be heard before making any determination.
A.
Any determination of the Board may be appealed by
an affected landlord or tenant to the governing body. The appeal shall
be made in writing and filed with the Borough Clerk within 20 days
from the receipt of the Board's determination and shall set forth
the specific basis for the appeal. The appellant shall deliver a copy
of the notice of appeal by certified mail or personal service to each
affected party.
B.
The governing body may thereafter hold a hearing on
the appeal, which hearing shall be de novo unless a transcript or
stipulation of facts is supplied. In the event the governing body
does not hold a hearing on the appeal within 60 days of the filing
of the appeal, the determination of the Board shall be deemed affirmed.
