[Amended 6-27-2002 by Ord. No. 2002-27]
A.
All persons seeking to qualify as senior citizen or
disabled person shall complete application forms provided by the Rent
Board.
B.
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.
C.
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.
D.
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.
E.
Said certification must be completed by an eligible
tenant not less than three months prior to lease renewal or annual
rent increase.
F.
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.
A.
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.
B.
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.[1]
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et
seq.
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[1] shall provide sufficient postage and forms for certified
mailings and pay fees in accordance with the schedule listed herein.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et
seq.
B.
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.
C.
A filing fee of $75 shall be paid by each appellant
and said fee must be made at the time the appeal is filed.