[Amended 6-27-2002 by Ord. No. 2002-27]
All persons seeking to qualify as senior citizen or disabled person shall complete application forms provided by the Rent Board.
The determination as to eligibility shall be made by the administrator of the Rent Leveling Board and is appealable to the Rent Leveling Board within 20 days. The decision of the Rent Leveling Board shall be final.
Hearings by the Rent Leveling Board on such appeals shall be held in closed session, with only the affected landlord and tenant and their agents in attendance. All data utilized at such hearing shall be held in strict confidence at the request of the tenant.
Once a tenant obtains initial eligibility, said tenant must certify at the expiration of every two years thereafter as to his/her continued eligibility. Such certification forms shall be provided by the Rent Leveling Board.
Said certification must be completed by an eligible tenant not less than three months prior to lease renewal or annual rent increase.
For good cause shown, a landlord may apply to the Rent Leveling Board for a hearing on the question of a tenant's eligibility at the anniversary date of such tenant's eligibility after the initial two-year period of eligibility.
Landlords are required to file a notice with the Rent Leveling Board advising when a decontrolled unit becomes tenanted. Without written receipt by the Rent Leveling Board of this notice, any rent increase on such unit is illegal.
Said notice shall state the date the new tenancy begins, the name of the tenant and the amount of rent being charged.
Vacancy decontrol shall apply only to rental units that become vacant after the effective date of Ordinance No. 88-25.
Annual rent increases for qualified senior citizens and disabled persons shall not exceed 3 1/2%.
With respect to any landlord not subject to (partial/limited) vacancy decontrol, when an apartment is vacated by a senior citizen or disabled tenant who has been the recipient of reduced rent increase percentages pursuant to this chapter, the landlord shall be entitled to establish the maximum rent for a new tenant by going back as far as necessary (but not further back than July 1988) in the rent history of the apartment and recomputing the rents as if the senior citizen or disabled tenant had never received reduced rent increase percentages. The landlord shall receive prior confirmation by the Board administrator of the correctness of the calculations before charging the reconstructed rent.
The administrator of the Rent Leveling Board shall serve as the administrative agent for the Borough of Fort Lee to administer the Senior Citizens and Disabled Protected Tenancy Act.
The landlord/sponsor of each rental unit converted to a condominium or cooperative after the effective date of the Senior Citizens and Disabled Tenancy Act shall provide sufficient postage and forms for certified mailings and pay fees in accordance with the schedule listed herein.
Application processing fee, initial and/or continued eligibility: $35 per application.
The Appeals Board shall be composed of three members of the Rent Leveling Board to be chosen by the Rent Leveling Board (a majority thereof concurring). Said persons shall serve without compensation. The terms of each member of the Appeals Board shall be for one year or until the end of the calendar year, whichever shall first occur.
A filing fee of $75 shall be paid by each appellant and said fee must be made at the time the appeal is filed.