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.
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.
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.
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:
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to implement the purposes of this chapter, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, provided that such rules and regulations are approved, modified or disapproved by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.
To supply information and assistance to landlords and tenants to help them comply with the provisions of this chapter.
To hold hearings and adjudicate applications from tenants for reduced rental as provided herein.
To enforce the provisions of this chapter and to initiate proceedings in the municipal court of willful violations thereof.
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.
The Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination.
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.
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.