[HISTORY: Adopted by the City Council of
the City of Hackensack 11-5-1990 by Ord. No. 35-90.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 24.
Boarding and rooming houses and nursing homes — See Ch. 66.
Housing and property maintenance — See Ch. 100.
Tourist lodges and camps — See Ch. 158.
[1]
Editor's Note: This ordinance also provided
that it shall take effect 1-1-1991. In addition, it repealed former
Ch. 134, Rent Stabilization, adopted 8-2-1982 by Ord. No. 19-82, as
amended.
It is hereby declared to be in the interest
of the health, safety and general welfare of all the people of the
City of Hackensack, tenants, landlords and homeowners, to create a
fair and equitable system for determining an appropriate relationship
between landlords and tenants. It is specifically the purpose of this
chapter to secure the following objectives:
A.
To prevent unwarranted and unreasonable increase in
rents and harassment of tenants.
B.
To alleviate the effects of a critical rental housing
shortage in any particular area in the City of Hackensack and to protect
persons living therein from undue impairment of their standard of
living.
C.
To promote an atmosphere that is conducive to business
investment for the construction of rental units, in the City of Hackensack.
D.
To promote a fair and equitable tax relationship between
landlords, tenants, homeowners and other property owners in the City
of Hackensack.
E.
To maintain affordable rental housing in the City
of Hackensack while permitting landlords to receive a fair and reasonable
financial return from their properties.
[Added 7-21-1997 by Ord. No. 10-97]
As used herein, the following terms shall have
the meanings indicated:
Any extension or increase in floor area or height of a building
or structure.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A standard by which unrelated parties, each acting in his
or her best interest, would carry out a particular transaction.
A substantial improvement, addition or alteration to a dwelling
that adds services or amenities to the dwelling for the benefit of
its tenant(s) not previously provided. Specifically included in this
definition are the purchase and installation of safety devices or
systems mandated by any government agency.
That which is published periodically by the Bureau of Labor
Statistics, United States Department of Labor, for Urban Wage Earners
and Clerical Workers, New York - Northeastern New Jersey.
Excepting those tenancies in rental units protected by operation
of N.J.S.A. 2A:18-61.31:
Any building or structure containing three or more rental units
which are rented or offered for rent to tenants or family units for
residential purposes, other than hotels, motels or licensed boarding
and rooming houses.
Any rental unit located in a building or group of buildings
comprising a single condominium or cooperative entity, provided that:
The rental unit is one of three or more such rental units located
in the condominium or cooperative entity simultaneously owned by the
same person, directly or indirectly, in whole or in part, on or after
October 15, 1990. "Person" shall mean a natural person, a corporation,
a partnership or any other entity. "Indirect ownership" shall be presumed
to exist when a rental unit is owned by a person's spouse, child or
parent.
Divestiture of one or more such simultaneously owned rental
units, on or after October 15, 1990, shall not serve to remove the
rental unit(s) divested, nor the rental unit(s) retained, from the
applicability of this definition or the operation of this chapter
so long as the tenancy existing at the time of the divestiture(s)
shall continue.
Tenancies in any one-family house, two-family house which is not owner-occupied, owner-occupied three-family house or in any rental unit located in a building or series of buildings comprising a single condominium or cooperative entity (other than those described in Subsection B of this definition) where the tenancy therein began prior to December 31, 1990, so long as the particular tenancy shall continue.
Gross maximized annual income, less reasonable and necessary
operating expenses. These expenses shall not exceed 60% of the gross
maximized annual income.
All income resulting directly or indirectly from the operation
of such dwelling(s), including but not limited to the following:
All rent received or collectible.
Any reasonable rental, as determined by the Rent Stabilization
Board, from a less than arm's length transaction.
The landlord's share of interest on security deposits.
All earnings from commissions, vending machines, deductions
from security deposits, late fees, pet fees, parking fees, pool fees,
key charges and finder's fees.
The amount received from successful tax appeals.
Income from rebates and surcharges.
Rooms in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage, including
garages, or utility spaces and similar areas are not considered "habitable
rooms."
The owner of a dwelling.
A person owning and occupying a one-family dwelling.
A tenant who is at least 62 years of age or the surviving
spouse of such a tenant if the tenant should die and the surviving
spouse is at least 50 years of age at the date of death, provided
that the rental unit has been or was the principal residence of the
tenant for at least one year. The term "qualified senior tenant" shall
only apply to senior citizens whose total household income from all
sources, whether earned or unearned, and whether or not taxable, does
not exceed the most recent per capita annual income figure for Bergen
County residents published by the New Jersey Department of Community
Affairs.
[Added 7-21-1997 by Ord. No. 10-97]
All valid expenses incurred and paid by the landlord in the
operation of such dwelling(s) during the period reflected in the income
computation for the gross maximized annual income.
The basic consideration paid for use or occupancy of a rental unit, including increases in rent pursuant to § 134-3, excluding surcharges.
That portion of a dwelling rented or offered for rent to
one or more tenants or family units for residential purposes. A rental
unit shall include all privileges, services, furnishings, furniture,
equipment or improvements connected with the use or occupancy of a
dwelling. Also included in a definition of a "rental unit" are garages
and parking spaces, whether an additional charge is collected or not.
Specifically excluded from the definition of a "rental unit" are coin-operated
vending or laundry machines.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
Any space enclosed by four walls, including doorways and
windows, containing an area equal to or greater than 70 square feet
measured from the insides of the walls.
Additional consideration other than rent granted to a landlord
of a dwelling in recognition of additional costs or needs.
A person or persons who rents a rental unit from a landlord.
That period of time, to be determined by the Rent Stabilization
Board on the basis of the relevant evidence before it, during which
a capital improvement, major repair, alteration, addition, reconstruction
or rehabilitation to a dwelling may reasonably be expected to remain
serviceable.
A.
Increases in rent for all rental units shall be determined
solely by the provisions of this chapter.
B.
Calculating increase; notification of tenant.
(1)
At the expiration of a period of not less than 12
consecutive calendar months following the effective date of the last
previous rental increase of any rental unit subject to rent regulation
under the terms of this chapter, a landlord may demand, receive or
collect an increase in the rent for such rental unit which shall not
exceed:
(a)
Five percent where the landlord provides heat
to the rental unit;
(b)
Four and one-half percent where the tenant is
obliged to pay for the heating of the rental unit; or
(c)
Four percent for a qualified senior tenant where
the landlord provides heat to the rental unit; or
[Added 7-21-1997 by Ord. No. 10-97]
(d)
Three and one-half percent for a qualified senior
tenant where the tenant is obliged to pay for the heating of the rental
unit.
[Added 7-21-1997 by Ord. No. 10-97]
(2)
Any landlord seeking an increase in rent pursuant to the provisions of Subsection B hereof shall notify the tenant, in writing, by certified mail, return receipt requested, addressed to the tenant at the rented premises not less than 30 days in advance of the proposed effective date of the rent increase. Said notice shall set forth the mathematical calculations involved in computing the new rent.
C.
Except as provided in this chapter, any rental increase
at a time other than as provided for above shall be void, and any
rental increase in excess of that authorized by the provisions of
this section shall be void. A reduction, removal or cessation of or
in the privileges, services, furnishings, furniture, equipment or
improvements provided to the tenant as part of the rental unit without
a commensurate reduction in the rent shall be deemed to be an increase
in rent in an amount to be determined by the Rent Stabilization Board.
[Amended 7-21-1997 by Ord. No. 10-97]
D.
In the event of a dispute between the landlord and
the tenant with regard to the amount of rent increase, either the
tenant or the landlord will have the right to present his complaint
to the Rent Stabilization Board for a hearing by that Board.
A.
Whenever a landlord shall determine that the reasonable and necessary operating expenses of a dwelling(s) subject to rent regulations are greater than 60% of the gross maximized annual income of such dwelling(s), said landlord may apply to the Rent Stabilization Board for a hardship increase; said landlord must meet the criteria set forth in this chapter. Prior to any hearing of such application, notice shall be given in accordance with § 134-9C(3).
B.
When a landlord shall file an application before the
Rent Stabilization Board for a hardship rental increase, the Board
shall review said application to determine the eligibility of the
landlord for said hardship increase pursuant to this chapter. The
Board shall also determine that the facts set forth in said application
comply with the provisions governing the payment of the net operating
expenses and receipt of gross maximized annual income as set forth
in this chapter. The Board shall make such modifications necessary
in order to have the application conform to the provisions governing
net operating expenses and gross maximized annual income as set forth
in this chapter.
C.
Calculations.
(1)
Upon the satisfaction of the Rent Stabilization Board
that the landlord/applicant has complied with this chapter, then the
Board shall compute the fair net operating income in the following
manner. The Board shall divide the landlord's reasonable and necessary
operating expenses (as finally determined by the Board) by 60% and
subtract from the resulting quotient the amount shown on the landlord's
application (as modified by the Board) representing the current gross
maximized annual income. The result shall be the fair net operating
income. The resulting fair net operating income shall represent the
amount that the landlord is entitled to as a hardship increase. The
concept is illustrated by the following mathematical formula:
|
Reasonable and necessary
operating expenses
60%
|
=
|
Resulting quotient
| |
|
Resulting quotient — Current gross maximized
annual income = Fair net operating income
|
(2)
Hardship increase.
(a)
The hardship increase shall be prepared over
all rental units affected by the application. The formula for prorating
shall be the ratio that the number of habitable rooms contained in
the rental unit bears to the total number of habitable rooms contained
in the dwelling(s).
Formula:
|
Number of habitable rooms
occupied by tenant
Total numbers of habitable rooms in dwelling(s)
|
X
|
Amount of hardship increase =
|
Amount of increase for rental unit
|
(b)
Subject to the provisions of Subsection C(2)(c), a hardship increase shall be considered a surcharge and shall be made in equal monthly payments for a period of one year and shall be paid on the same date as the payment of the rent. Such a hardship increase surcharge shall not be considered rent for purposes of computing rent under § 134-3. A hardship increase surcharge shall not be granted for a period greater than one year. Only one hardship increase surcharge shall be granted in any year.
(c)
Grant of hardship surcharge for more than two
years.
[1]
If a hardship increase surcharge is granted
by the Board in two or more consecutive years and the same dwelling
is the subject of a hardship application in the next consecutive year,
the Board shall determine, from all of the evidence presented at the
hearing, whether or not the hardship proven by the landlord is attributable
to temporary circumstances not likely to recur, such as the cost of
major repairs, replacements, alterations or expenditures which do
not qualify for capital improvement surcharges under the definition
of the same contained in this chapter. In such case, the hardship
increase shall continue to be deemed to be a surcharge.
[2]
If, however, the Board shall determine that the hardship proven by the landlord is of an ongoing nature which was not brought about by temporary conditions and circumstances and the hardship cannot be reasonably relieved by an additional one-year hardship surcharge, the Board may permanently adjust the rent for the subject rental units. Such an increase shall be considered rent for purposes of rent computation under § 134-3 thereafter.
(d)
The application of the landlord for a hardship
rental increase shall include all facts and figures on an annualized
basis for three years showing the gross maximized income and the reasonable
and necessary operating expenses. These facts and figures shall be
duly certified by the landlord or by the landlord's agent and shall
be supported by a statement by a certified public accountant as to
the accuracy of said facts and figures.
(e)
No hardship increase shall be granted to any
landlord if:
[1]
The dwelling or any part thereof is subject
to violations issued by any governmental agency prior to or subsequent
to the filing of the application seeking the increase. However, the
Rent Stabilization Board may waive this provision upon the showing
by the landlord that he has attempted to clear the violation but has
been unable to do so due to conditions beyond the landlord's reasonable
control.
[2]
There is an inadequate level of quality of service
rendered by the landlord in maintaining and operating the dwelling(s).
[3]
There exists or existed an absence of reasonably
efficient and economical management or business judgment in the purchase,
operation or financing of the dwelling.
(f)
In computing fair net operating income under
this section, the following considerations shall apply in all cases:
[1]
Allowance shall be permitted for a vacancy,
as may be adequately demonstrated to be the result of market conditions
or rents uncollected due to eviction proceedings, and/or deteriorated
physical conditions of the rental unit which the landlord/applicant
may show as to be unavailable for rental due to said deteriorated
conditions.
[2]
Income and expenses arising out of a nonresidential
use, including that for professional or commercial space, shall result
from arm's length transactions, and, provided further that no loss
caused by a nonresidential use may be considered.
[3]
All income expense(s) shall result from an arm's
length transaction.
(g)
In computing reasonable and necessary operating
expenses under this section, the following limitations shall apply
in all cases:
[1]
Taxes shall be limited to amounts actually paid
for the amount against the property for the current year, including
those in escrow for appeal, and the landlord shall further demonstrate
that taxes assessed against the property were reasonable and, if not,
have been appealed.
[2]
Repairs and maintenance shall be limited to
arm's length transactions and shall be reasonable and necessary so
as not to cause unnecessary maintenance of the premises. Cost of service
contracts shall be prorated over the period covered. Painting costs
shall be prorated over the number of years of actual painting cycle
in the building, but in no event shall painting be prorated over a
period of less than three years for the interior of a rental unit
or five years for the exterior and common areas. Expenses incurred
in undertaking major repairs, replacements and rehabilitation, alterations
or reconstructions which do not qualify as capital improvements as
defined by this chapter shall be prorated over the useful life of
the same.
[3]
Purchase of new equipment shall be reflected
and prorated over the useful life of the term.
[4]
Legal and auditing expenses shall be limited
to reasonable and necessary costs of the operation of the dwelling(s).
No legal expenses or audit expenses shall be allowed as deductions
that do not directly relate to the premises which are the subject
matter of the application. A landlord may not deduct expenses incurred
in litigating any declaratory or injunctive relief as to his rights
under any state, local or federal law. All costs should be itemized
on the application.
[5]
Management fees shall be limited to actual services
performed, including a resident manager's salary, telephone expenses,
postage, office supplies, stationery and the rental or market value
of the apartment provided for the superintendent if the apartment
is included in income. In no event shall management fees exceed 4%
of the gross maximized annual income.
[6]
Salaries not included in the management fees
shall be limited to actual services performed and amounts for similar
positions in the area, including rental value of the superintendent's
apartment if included in income, and expenses, wages and benefits
paid.
[7]
Advertising shall be limited to actual costs
that are reasonable to ensure occupancy only. Where a waiting list
exists, advertising expenses shall not be allowed.
[8]
Utility expenses shall exclude all reimbursements.
[9]
Insurance premiums shall be prorated over the
terms of the policies and shall not include the landlord's life, medical
or other personal policies.
[10]
Operating expenses shall not include depreciation,
amortization, debt service or capital improvements as defined by this
chapter.
[11]
No penalties or fines shall be allowed.
[12]
The history of the income and expenses shall
be accurately reflected in the application. If any modifications are
made, said modifications must be fully and clearly documented.
[13]
All expenses and proof of payment of the same
must be proved by the submission of original bills for services rendered,
specifying the service rendered, the amount charged for said service
and the addresses or premises benefited as a result of said service.
[14]
Costs or expenses which are solely the result
of a conversion of the dwelling to a condominium or cooperative form
of ownership shall not be included in the calculation of reasonable
and necessary operating expenses.
(h)
If at any time during the course of consideration
of a hardship increase pursuant to these provisions the Rent Stabilization
Board shall determine that the landlord is not in substantial compliance
with any or all of the above, the Board may temporarily withhold further
consideration of the application for a hardship increase until such
time as the landlord has corrected such deficiency.
A.
A landlord may seek an increase from a tenant(s) because
of the cost of capital improvements. The landlord shall calculate
the increase by dividing the same by the useful life of said capital
improvement. The landlord shall then apportion said increase among
all rental units in the dwelling. Each tenant shall pay an increase
in accordance with the ratio that the number of habitable rooms of
his rental unit bears to the total number of habitable rooms in the
dwelling.
B.
All such requests by the landlord for a capital improvement
increase shall be made to the Rent Stabilization Board.
C.
The cost of a capital improvement each tenant is liable
for shall be paid in equal monthly payments on the same date as payment
of the rental charge for the length of the useful life of the capital
improvement.
D.
The landlord is not limited to any number of capital
improvement increase requests in any period of time.
E.
No capital improvement increase shall be considered rent for purposes of computing rental under § 134-3.
F.
Other than tenants who have been granted protected
tenancy status:
(1)
No capital improvement increase shall be imposed upon
tenants who have been served with a demand for possession of the rental
unit based upon the conversion of the dwelling to a condominium or
cooperative form of ownership; and
(2)
Any capital improvement surcharge imposed upon a tenant
on or after the effective date of this chapter and any capital expenditure
increase imposed upon a tenant prior to the effective date of this
chapter shall be deemed to be of no further force or effect as of
the date of service upon the tenant of a demand for possession of
the rental unit based upon the conversion of the dwelling to a condominium
or cooperative form of ownership.
A.
All dwellings and rental units subject to this chapter
shall be subject to the terms of this section as set forth herein.
B.
In the event that any rental unit, as defined by this
chapter, shall become vacant for any reason whatsoever, the same shall
not be subject to the Rent Stabilization provisions of this chapter,
except that a landlord may not charge a tenant for the balance of
any hardship, capital expenditure, capital improvement or tax surcharge
increase obtained by the landlord prior to the occupancy of the rental
unit by a new tenant.
C.
Whenever any vacant rental unit is occupied or reoccupied, it shall then become fully subject to the Rent Stabilization provisions of this chapter, including Subsection B herein.
D.
If after the effective date of this chapter, a rental
unit becomes subject to vacancy decontrol, the landlord may not seek
nor charge a tax surcharge pertaining to that rental unit thereafter.
A.
Subject to the provisions of § 134-6D, a landlord may seek a tax surcharge from a tenant because of any increase in municipal property taxes. The tax surcharge shall not exceed that amount authorized by the following provisions. The landlord shall first calculate the increase in present property tax over the property tax of the previous year. "Previous year" is defined as being the year immediately preceding the year for which the tax surcharge is sought. The landlord shall then apportion said property tax increase among all rental units in the dwelling(s). Each tenant shall pay an increase in accordance with the ratio that the number of habitable rooms occupied by the tenant bears to the total number of habitable rooms in the dwelling(s).
B.
A landlord may not seek a tax surcharge from a tenant
for that portion of a property tax increase that resulted from a change
in assessment of the rental unit caused by a change in the form of
ownership of the rental unit.
C.
Any landlord seeking a tax surcharge shall notify the tenant by certified mail, return receipt requested, of the calculations involved in computing the tax surcharge in accordance with Subsection A.
D.
The tax surcharge each tenant is liable for shall
be paid in 12 monthly payments on the same date as payment of the
rental charge.
F.
Tax appeal.
(1)
In the event of a property tax appeal, the portion
of the tenants tax surcharge not being paid by the landlord to the
City of Hackensack will be held in escrow in an interest-bearing account.
(2)
In the event that the property tax appeal is successful
and the property taxes are reduced, the tenant will receive 75% or
any amount consistent with state law of the money held in escrow or
otherwise refunded to the landlord which is attributable to the payment
of the tax surcharge by the tenant. Payment will be made within 60
days of the filing of the order or judgment in the form of a credit
against the monthly rent or a rebate check made payable to the tenant.
In order to receive a credit or a rebate check, a tenant must have
been a tenant in the same rental unit at both the time the tax surcharge
was paid and at the time the landlord shall have obtained payment
or credit on the property tax appeal.
A.
The legal classification of a particular tenancy or subtenancy as "a tenancy for a term of years," "a periodic tenancy," "a tenancy from year-to-year," "a month-to-month tenancy," "a tenancy-at-will" or "a tenancy at sufferance" or any other similar terminology shall have no affect upon the operation and applicability of this chapter. All rent increases shall be in accordance with § 134-3.
B.
The existence or nonexistence of a written lease between
the landlord and the tenant shall have no affect upon the operation
or applicability of this chapter.
C.
Surcharges authorized by this chapter shall not be considered rent for the purpose of computing rental under § 134-3.
D.
If, at the inception of a tenancy, the landlord shall
claim that the rental unit is not subject to the operation of this
chapter, the landlord shall deliver to the tenant a signed, written
statement setting forth the basis of the exempt status of the rental
unit. If at any time during an existing tenancy a rental unit, previously
exempt from the operation of this chapter, shall become subject to
the operation of this chapter, the landlord shall be under an affirmative
duty to so notify the tenant in writing.
A.
There is hereby created a Rent Stabilization Board,
which shall consist of seven members and three alternates, all residents
of the City of Hackensack. The members of said Board shall be composed
of two landlords who own dwellings in Hackensack; two tenants who
are not landlords or homeowners and who are not agents or employees
of landlords and who rent units in dwellings in Hackensack; and three
public members who are neither landlords nor tenants. Said alternates
shall consist of one tenant, one landlord and one public member.
(1)
The members and alternates shall be appointed by the
governing body of the municipality for terms of three years.
(2)
The Chairman, Vice Chairman and Secretary of the Board
shall be elected by a majority vote of the regular members of the
Rent Stabilization Board.
(3)
Alternates shall serve only in the absence of and
for members of the same category.
(4)
For the purposes of the conduct of all business of
the Board, a quorum shall consist of any four members or alternates
of the Board.
(5)
In the event that any member of the Board shall miss
three consecutive meetings, the Board shall report such absences to
the Mayor and Council. If the Mayor and Council, after due inquiry,
are satisfied that the absences were not occasioned by reasonable
cause, the Board member may be removed by resolution of the Mayor
and Council.
B.
Powers of the Board. The Rent Stabilization 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 power to:
(1)
Supply information and assistance to landlords and
tenants to help them comply with the provisions of this chapter, including
all necessary statistical information and computation of proper rental
and tax and other surcharges or increases.
(2)
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 are filed with the City Clerk and are not
inconsistent with the provisions of this chapter.
(3)
Hold hearings, which shall be held on the record and
transcribed by a certified court reporter, and adjudicate applications
from landlords for additional rental and from tenants for reduced
rental, and for such relief as may be appropriate under this chapter,
as hereinafter provided. Said Board shall give both landlord and tenant
reasonable opportunity to be heard before making any determination.
C.
Board hearings.
(1)
All applications for hearings shall be made on forms
provided by the Board and accompanied by a filing fee of $25. The
form and contents required for the application are incorporated by
reference herein. All items and documentation required by the Board
must be submitted prior to determination of the application by the
Board.
(2)
All applications for hearings before the Board for
relief or recovery under this chapter shall be commenced within one
year next after the cause for any such relief or recovery shall have
accrued.
(3)
The Board shall establish a date for the hearing no
later than 90 days from the proper filing of the application. The
Board shall notify the applicant of the date of the hearing. No later
than 10 days after receipt of the date of hearing, the applicant,
if a tenant, shall notify the landlord and all affected tenants. If
the applicant is a landlord, he shall notify all the tenants. In both
instances said notice shall include a copy of the application and
the date for hearing and shall be made by certified mail, return receipt
requested. In the case of an application by a landlord, the landlord
shall also post a copy of the notice of the date of hearing in the
lobby of the dwelling or other appropriate common area. The applicant
shall submit to the Board at the time of the hearing an affidavit
of mailing and a notice of posting along with appropriate proofs of
mailing.
(4)
The Board shall establish rules for the conduct of
hearings. Said rules shall include but shall not be limited to provisions
governing the following:
(5)
The Board may compel the parties to submit 13 copies
of all documentation, including proof of ownership, it deems necessary
to adjudicate the application. The applicant shall also supply one
copy of the application and all documentation supporting the application
to each group or party who may be affected by the application.
(6)
The Board may, by resolution, determine that the services
of an independent auditor are required for the review and rendering
of a report on documentation submitted with an application. In that
event, the Mayor and Council may, by resolution, authorize the hiring
of an auditor and establish a fee for the services to be rendered.
In that event, the auditor's fee shall be paid by the person making
the application to the Board. No application shall be heard by the
Board until the fee shall have been paid.
(7)
All parties appearing before the Rent Stabilization
Board in connection with hearings pursuant to the provisions of this
chapter are entitled to be represented by counsel admitted to the
practice of law in the State of New Jersey. All corporations appearing
at such hearings or appeals shall be represented by counsel admitted
to the practice of law in the State of New Jersey, as provided for
under New Jersey law. Any affected, interested, tenant(s) or groups
of tenants or association of tenants who wish to be heard at the public
meeting may notify the Board of its intention to be heard. The Rent
Board shall permit that tenant, group of tenants or association of
tenants to be parties to the hearing. This provision shall be liberally
construed so as to afford ample opportunity for all such interested
parties to present their views before the Board.
(8)
All findings and determinations of the Board shall
be issued in writing no later than 90 days after the conclusion of
any hearing. Any increases in rent or other charges authorized by
this chapter resulting from an order of the Board shall take effect
on the earliest date that the rental payment is due, but no sooner
than 30 days after notification of the tenant by the landlord. Said
notification shall be by certified mail, return receipt requested.
A.
The party filing an application before the Rent Stabilization
Board shall make the findings and determinations of the Board available
to all parties to whom he is required to provide notice of said application.
Said notice of findings and determinations shall be forwarded in the
same manner as said notice of application. Said findings and determinations
shall be forwarded within 10 days of receipt of the same by the applicant.
B.
All appeals of findings and determinations of the
Board shall be made to the Superior Court of the State of New Jersey
or any other appropriate court.
No landlord shall, after the effective date
of this chapter, charge any rents in excess of what he was receiving
from the effective date of this chapter, except for increases as authorized
by this chapter.
[Amended 7-21-1997 by Ord. No. 10-97]
A.
A tenant seeking status as a qualified senior tenant
shall make application to the Rent Stabilization Officer.
B.
Such application shall be submitted, under oath, on
a form prepared and provided by the Rent Stabilization Officer.
C.
Such application shall be supplemented with true copies
of:
(1)
Generally accepted proof of identification.
(2)
Generally accepted proof of age.
(3)
Copy of last prior year's income tax returns, state
and federal, if filed.
(4)
Generally accepted documents detailing all household
income and benefits from all sources, earned and unearned, and whether
or not taxable for last prior year.
D.
Upon review of the application and supporting documents
submitted, the Rent Stabilization Officer shall issue a written determination
which shall be transmitted to the tenant and the landlord.
A willful violation of any provision of this chapter, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact or the failure to file any required document, shall be punishable as provided in Chapter 1, General Provisions, § 1-15, of the Code of the City of Hackensack.
A.
All dwellings and rental units therein constructed
and offered for rent after August 2, 1982, and all other rental units
offered for rent for the first time after August 2, 1982, shall be
exempt from the provisions of this chapter.
B.
All public housing, dwelling space in any licensed
boarding or rooming house, hotel or motel or any other premises primarily
serving transient guests and any other dwellings whose rental rates
are otherwise regulated by state or federal law shall be exempt from
the provisions of this chapter.
This chapter, being necessary for the welfare
of the City of Hackensack and its inhabitants, is remedial and shall
be liberally construed to effectuate the purposes thereof.
A.
This chapter shall become effective on January 1,
1991, after passage and publication as provided by law and shall continue
until amended, superseded or repealed.
B.
The Rent Stabilization Board created hereunder is
hereby empowered to hear and adjudicate any disputes arising by reason
of the application of any prior ordinance or ordinances covering the
same subject matter as this chapter pursuant to the provisions of
such prior ordinance or ordinances.
C.
All ordinances, amendments to ordinances and parts
of ordinances inconsistent herewith are hereby repealed.
D.
If any part or parts of this chapter are for any reason
held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter.
