[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes amounts paid or incurred to add to the value or
to substantially extend the useful life of the landlord's property,
but shall exclude amounts paid for incidental repairs and maintenance
which are currently deductible generally following the guidelines
set forth in Section 263 of the Internal Revenue Service Code, or
as said code is amended.
Chapter 29C of the Code of the Township of Teaneck.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements,
together with an undivided interest in common elements appurtenant
to each of such units.
A housing corporation or association which entitles the holder
of a share or ownership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association.
One or more rooms providing living facilities designed or
used for one household.
The rent applicable to each dwelling unit as reflected on
the rent rolls on file with the Township as of June 1, 2004. In the
event there is a dwelling unit that for any reason has no rent filed
on the rent rolls or has not filed a rent roll as of June 1, 2004,
then in such event the fair rental for such unit as of June 1, 2004,
shall be the actual rent paid as of June 1, 2004, and which shall
be deemed as if on file as of June 1, 2004.
An improvement decreed by the governing body or any other
governmental agency.
Includes a building containing three or more dwelling units.
This definition specifically includes buildings containing three or
more dwelling units which are cooperatives or condominiums. In a cooperative
or condominium, the word "building" shall include all structures in
a complex of buildings, the common areas of which are owned by the
same cooperative or condominium association.
[Amended by Ord. No. 4199, 9-28-2010]
Includes the following items: real property tax, insurance,
heating fuel, other utilities, payroll, scavenger service, repairs
and maintenance [not to exceed 10% of total gross income (TGI)], reserve
for replacements (not to exceed 2 1/2% of TGI) and management
and other administrative expenses (not to exceed 6% of TGI).
The statement referred to as Exhibit 29C-12(a)[1] as well as a statement showing the amount of rental charged
for each dwelling unit.
[1]
Editor's Note: Exhibit 29C-12(a) is included as an attachment to this chapter.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1; Ord.
No. 4175, 1-26-2010, § 2]
(a)
No owner or landlord shall increase the rental of any dwelling unit
or garage space more than once in any twelve-month period.
(1)
The fair rental, as defined in this chapter, may be increased only after said rental has been in effect for a period of 12 consecutive months, vacancy decontrol per § 29C-8 excepted, commencing from the date the same was established, except the fair rental may not be computed earlier than June 1, 2004.
(b)
The fair rental, as defined above, may be increased by a maximum
percentage equal to the percentage increase in the latest available
consumer price index for the New York-Northern New Jersey Metropolitan
Area, for the twelve-month period preceding the date of the notice
of the proposed rental increase, and, as so increased, shall be deemed
to be the fair rental for the purpose of computing the permitted increase
for the next succeeding twelve-month period.
[Amended by Ord. No. 4199, 9-28-2010; Ord. No. 4209, 1-11-2011; Ord. No. 4278, 10-30-2012; Ord. No. 39-2014, 11-21-2014; Ord. No. 44-2014, 12-17-2014]
(c)
The fair rental shall be applied to each dwelling unit rather than
to the tenant thereof.
[Ord. No. 3904, 9-20-2005, § 1; Ord. No. 3967, 10-3-2006, § 1]
(a)
Every dwelling unit subject to this act and the tenants thereof shall receive a written lease for a minimum period of one year. A lease for longer than a one-year period may provide for the annual increment permitted by this chapter as well as for recompense as authorized for capital improvements and/or economic hardship, as provided in §§ 29C-6 and 29C-7.
(b)
Every lease shall clearly set forth the rent in effect on June 1,
2004, as reflected on the filed rent rolls, and the date and amount
of the rental and any increase thereto for the past 12 months, but
in no event prior to June 1, 2004.
(c)
Every new lease shall have attached to it a notice and a copy of
the Rent Leveling Ordinance entitled "Notice to Teaneck Tenants,"
the form of which is attached hereto as Exhibit 29C-3(c).[1] As proof of delivery to the tenant, the landlord shall
obtain the tenant's signature on a copy of the notice. In the event
a tenant refuses to sign said notice, the landlord shall serve the
notice and copy of this chapter on the tenant at the dwelling unit
by certified mail, return receipt requested, within 30 days of the
commencement date of the lease. Additionally, the notice and a copy
of this chapter (the "Rent Leveling Ordinance") shall be posted at
all times in a conspicuous place in the common areas of the building
in which there are dwelling units subject to this chapter.
[1]
Editor's Note: Exhibit 29C-3(c) is included as an attachment to this chapter.
[Ord. No. 3904, 9-20-2005, § 1; Ord. No. 3967, 10-3-2006, § 1]
(a)
New construction of multiple dwellings which contain dwelling units
for which a certificate of occupancy is issued after May 31, 1973,
shall be exempt from this chapter.
(b)
The conversion of an existing multiple dwelling into one containing more or fewer dwelling units, vacancy decontrol per § 29C-8 excepted, shall not be considered to represent new construction. In such case, the determination of fair rental must be approved by the AMO upon application by the owner or landlord, and said approval shall be based upon similar fair rentals being charged for similar dwelling units in the general vicinity where the dwelling units in question exist. The landlord shall have the burden of proof in establishing fair rental.
(c)
If no more than two dwelling units in a cooperative or condominium
building or complex of buildings are owned by the same person, those
dwelling units shall be exempt from this chapter. As used herein,
"the same person" shall include a trust, partnership or corporation
in which the same person is a trust beneficiary, partner or stockholder
of 10% or more of the income or corpus share of the trust, partnership
or corporate stock, voting or nonvoting.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
The Administrative Monitoring Officer (AMO) shall, in addition to such other powers and duties heretofore granted to and impressed upon the AMO by this Chapter 29C, have the following powers and shall perform the following functions and duties:
(a)
(b)
Application procedure.
(1)
An application shall be commenced by filing with the AMO an
original and four copies of an application with all supporting documents,
together with the fee required by ordinance.[1] All applications and supporting documents shall be filed
under oath or affirmation. In addition, an applicant shall file an
affidavit with a copy of a proof of mailing (certified mail, return
receipt requested) certifying that all affected parties have been
served.
(3)
Any tenant affected by an application who receives notice of
any application or any landlord affected by an application who receives
notice of any application shall have 10 business days from either
the earlier of i) the receipt of said notice or ii) the attempted
delivery date of said notice to file with the AMO any documents it
deems applicable in support of or in opposition to any filed application.
(4)
All notices must be served by United States Postal Service certified
mail, return receipt requested.
(5)
All fees as established by ordinances shall be paid simultaneously
with the filling of an application.
(6)
Unless directed by the AMO, all applications shall be decided
upon on the papers and documents submitted. At the sole and absolute
discretion of the AMO, a hearing may be held to supplement the written
record. If the AMO decides to conduct said hearing, the parties will
be advised by written notice as to the date and time of said hearing.
At the hearing (if any) all testimony shall be given under oath or
affirmation.
(7)
Although formal rules of evidence are not enforced by the AMO,
every fact necessary to establish the applicant's right to the relief
sought shall be based upon the consideration of facts which are in
the record, unless they be such as to which the AMO is entitled to
take judicial notice. The AMO may limit or exclude, whether written
or oral, irrelevant, immaterial or redundant evidence.
(8)
The AMO may take judicial notice of the provisions of any ordinance
of the Township, any statute of the State of New Jersey or of the
United States, and any officially reported judicial decision.
(9)
It is the applicant's responsibility to supply competent and
credible evidence to justify granting of the application and this
burden of proof remains upon the applicant at all times. The applicant
must establish, to the AMO's satisfaction, that he or she is, pursuant
to this chapter's provisions, entitled to the relief being sought.
(10)
An applicant may, at any time before a decision by the AMO,
voluntarily withdraw his or her application, in which case the action
shall be dismissed with prejudice.
(11)
If a hearing is called for by the AMO and at the time set for
the hearing on any application, if neither the applicant nor any one
on the applicant's behalf appears, and no adjournment has been previously
requested, and granted, the action may be dismissed with prejudice.
An applicant may, if an individual entity, appear in person or by
an attorney. All other applicants shall appear only through a New
Jersey licensed attorney.
(12)
The AMO shall render a decision on an application as soon as
possible.
(13)
The AMO shall render a written decision. The AMO shall publish
notice of its decision once in the official newspaper of the Township
and shall mail copies of its decision to the applicant and any affected
parties.
(14)
The AMO shall not entertain an action based upon or presenting
a question which is moot or hypothetical, nor shall the AMO render
any decision in such an action.
(15)
The AMO shall not render any advisory opinion to any entity
or person or persons.
(16)
The AMO shall not review the legality of any rental increase or other charge or any other matter, or make a determination thereon, pursuant to the provisions of this chapter which was charged or had occurred at any time more than six months prior to the filing of an application pursuant to § 29C-5(b)(1) before the AMO regarding said matter. Notwithstanding anything to the contrary herein, the AMO may hear matters for the legality of any rental increase, charge or other matter for the period of June 1, 2004, through November 1, 2005, on the condition an application is filed with the AMO by February 1, 2006.
(17)
The AMO may call upon the Township Attorney or the Township
Attorney's designee for legal advice and opinions. If said legal services
are rendered by the Township Attorney or his designee, such attorney
may bill the Township for services rendered to the AMO upon proper
voucher.
(18)
The AMO shall have the following additional powers that are
reasonably necessary to carry out its duties and functions under this
chapter:
a.
To enforce the provisions of this chapter and, at the sole discretion,
to initiate proceedings in the municipal court for willful violations
thereof.
b.
In its discretion, to issue subpoenas to compel the attendance
of witnesses (if ordered by the AMO) and the production of books and
records in connection with hearings (if ordered by the AMO) and applications
held pursuant to the provisions of this chapter.
c.
In the case of a reduction of services in any building, the
AMO at its sole discretion is empowered, upon provable application
by a tenant, to rescind the latest allowable increase from the date
services were first reduced until their restoration.
(19)
Except for those matters expressly provided for in this chapter,
the AMO shall have no jurisdiction to consider matters which are governed
by state statutes regulating possession of apartments, including but
not limited to matters which are the subject of N.J.S.A. 2A:18-51
through 2A:18-61.59. The purpose of this section's prior sentence
is to avoid conflict with state laws. If an ambiguity arises with
respect to such conflict, state law shall prevail and the AMO has
no jurisdiction. In addition, the AMO has no jurisdiction to consider
matters for causes of action which arise more than 12 months prior
to the filing of an application with the AMO and in no event for which
causes of action which came into existence prior to June 1, 2004.
Notwithstanding anything to the contrary herein for causes of action
that may arise between June 1, 2004, and November 1, 2005, the AMO
shall have jurisdiction to hear such causes of action, provided an
application is filed prior to February 1, 2006.
(20)
The actions of the AMO shall be deemed to be final. Appeals
therefrom shall be to the courts.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
(a)
An owner or landlord may make application to the Administrative Monitoring
Officer for a capital improvement recovery beyond the rental increase
permitted herein on the following grounds: to recover 50% of the cost
of a mandated capital improvement, as herein defined. A similar application
may be made in the case of unmandated capital improvements which are
not repairs or replacements, but the latter will require the approval
of 51% of the tenants in the building involved, each dwelling unit
being deemed to have one vote. In the event the improvement affects
but a portion of the apartments, the approval of 51% of these tenants
shall be required.
(b)
Exempted from these fifty-one-percent-tenant-approval requirements
are the following capital improvements:
(1)
Wiring that substantially increases electrical capacity.
(2)
New insulation that substantially improves energy efficiency.
(3)
Storm windows and doors that are not replacements of existing
storm windows and doors.
|
These three items will be considered in the same manner as mandated
capital improvements.
|
(c)
Amortization shall be for a period of not less than three years.
As to an application for recovery of the cost of unmandated capital
improvements, it is the responsibility of the owner or landlord to
obtain and present an appropriate document signed by the required
51% of the tenants.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
(a)
An owner or landlord may make application to the Administrative Monitoring
Officer for an economic hardship recovery where the owner or landlord
can prove economic hardship relating to the building if the net operating
expenses exceed 55.9% of total gross income (TGI) in the case of buildings
built prior to December 31, 1945, or 51.3% of TGI in the case of post-December
31, 1945 buildings.
(b)
As to applications under both §§ 29C-6 and 29C-7, there shall be an application for a building complex. In support of an application to the Administrative Monitoring Officer, the owner or landlord shall make available to the Administrative Monitoring Officer and to the affected tenants all books and records applicable to the operation of the building complex involved. The percentage figures set forth in § 29C-7(a) above shall be considered to be a threshold figure to serve as a guideline to the Administrative Monitoring Officer to determine whether it shall accept the case for adjudication. As part of the application, such figures, supported by proof, may be shown as one of the criteria in considering hardship. In all cases, the owner or landlord shall submit a rent roll which lists the rents for each apartment for the previous two years but in no case prior to June 1, 2004. The AMO shall not entertain any applications under §§ 29C-6 and 29C-7 for capital improvements recovery and/or economic hardship which arose prior to June 1, 2004.
(c)
As a part of the application the applicant shall be required to prove
or demonstrate the following:
(1)
That reasonable attempts have been made by the applicant to
alleviate the source of the hardship.
(2)
That accounting practices pertaining to items of expense are
normal and consistent with the guidelines set forth in Section 263
of the Internal Revenue Service Code, or as said code is amended.
(3)
That the applicant has furnished to the Administrative Monitoring
Officer, together with the application, a detailed operating statement
for the most recent two-year periods or, if the applicant has owned
the building for less than two years, for the period of time that
applicant has owned the building.
(d)
The Administrative Monitoring Officer may establish such other criteria
as it may deem generally appropriate or warranted by an individual
case. All evidence in support of an application shall be in writing
and shall be submitted with the application. A copy thereof shall
be made available to each tenant affected by the request. The tenant
shall have 30 days in which to file answering material with the Administrative
Monitoring Officer and the landlord. Either side may request oral
argument, but this shall be within the sole discretion and within
limitations set by the Administrative Monitoring Officer.
(e)
Any increase granted shall be effective on a date established in
the discretion of the Administrative Monitoring Officer subject to
the statutes of the State of New Jersey.
(f)
Increased costs which are solely the result of a conversion to a
condominium or cooperative form of ownership, including but not limited
to any increase in financing or carrying costs, and which do not add
services or amenities not previously provided shall not be used as
a basis for an economic hardship recovery.
(g)
Any application for hardship must be filed within six months from
the end of the hardship year, but in no event shall a hardship year
end earlier than June 1, 2004.
[Ord. No. 3904, 9-20-2005; amended by Ord. No. 3967, 10-3-2006; Ord. No. 4199, 9-28-2010; Ord. No. 4209, 1-11-2011; Ord. No. 36-2020, 1-5-2021]
(a)
The purpose of this section is to provide a method for achieving
vacancy decontrol.
(b)
When a dwelling unit becomes vacant, any landlord who wishes to have
said vacated dwelling unit no longer be subject to the within chapter
must:
(1)
Submit
a sworn affidavit filed with the AMO either by personal service or
by certified mail, return receipt requested, identifying the dwelling
unit number and address and the date upon which the dwelling unit
became vacant and stating that the dwelling unit became vacant either
as a result of the existing tenant voluntarily vacating the dwelling
unit or as a result of an eviction for cause in accordance with New
Jersey statute.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
(a)
Provisions of this chapter shall be enforceable by a civil action
in the Municipal Court upon complaint duly made, after a decision
is rendered by the Administrative Monitoring Officer. Civil penalties
shall be in accordance with the Township Code, except that a first
violation of this chapter shall be punishable by a civil fine of not
more than $500 for each unit in violation. Subsequent violations shall
be punishable by a civil fine of not less than $100 nor more than
$500. Each dwelling unit shall be deemed to involve a separate violation.
(b)
In addition to, but not in lieu of, any penalties as set forth in
this chapter or otherwise, in the event that a landlord has collected
any rent or other consideration for a housing accommodation in excess
of the fair rental authorized by this chapter, the landlord shall
be liable to the tenant for a civil penalty equal to three times the
amount of such excess and, in addition, the reasonable costs of the
proceeding to collect the overcharge and the reasonable attorney's
fees of the tenant in such proceeding. A proceeding to collect an
overcharge may be maintained in the Municipal Court or other court
of competent jurisdiction.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
A landlord or owner shall only be entitled to the rental and hardship increases provided herein if the premises are maintained in accordance with the Property Maintenance Code of the Township of Teaneck, with no decrease of services. A landlord or owner shall be deemed not in compliance with Chapter 29A, Property Maintenance Code, if the dwelling unit in question or the building in which there are dwelling units has a conviction in Municipal Court for violation of Chapter 29A, Property Maintenance Code, in the 12 months immediately prior to the fair rental increase or hardship waiver requested. In the event the Municipal Court determines there is a violation of Chapter 29A, Property Maintenance Code, then, in addition to any other remedies provided for in this chapter, the landlord shall post said convictions for a period of 45 days from the date of conviction in the same place as the chapter is posted in accordance with § 29C-3(c). The landlord or owner shall be responsible for the cost of maintaining the property in accordance with Chapter 29A, Property Maintenance Code, and may not transfer the cost of such maintenance or any part thereof to the tenant, unless tenant's obligations were so defined in the original rent registration filed by May 31, 1973, for the dwelling unit. The burden of proof shall be on the party seeking to prove the content of the May 31, 1973, registration. Nothing herein contained shall be so construed to remove those obligations imposed upon occupants by Chapter 29A, Property Maintenance Code.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
The owner or landlord and tenant may agree, in writing, to waive
or settle any disputes they may have concerning the provisions of
this chapter, provided they may not waive or render a settlement which
affects the fair rental being charged to any dwelling unit as provided
for in this chapter.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1]
(a)
Every owner of a multiple dwelling shall be required to file with
the Township Clerk (and to furnish a copy to the Administrative Monitoring
Officer) a statement showing the amount of rentals charged for each
rental unit as of June 1, 2004, and as of June 1 in each succeeding
year referred to in this chapter as "rent rolls." Such statement shall
be filed by July 1 in each year, except that the initial rental statement
shall be filed within 30 days of the effective date of the adoption
of this chapter or any amendment to this chapter. Each statement shall
remain on file with the Township Clerk as a matter of public record
in accordance with state-mandated retention policies. The annual statement
shall be filed on the approved form attached hereto as Exhibit 29C-12(a),[1] and all information shall be completed. In the event an
owner fails to file the completed rent statement within 15 days of
receiving written notice sent by the Clerk via certified mail, return
receipt requested, notifying the owner of its failure to file, the
owner shall be prohibited from increasing any dwelling unit rental
for a period of 12 months and continue to be prohibited from increasing
any dwelling unit rental until the proper rent rolls are on file.
[1]
Editor's Note: Exhibit 29C-12(a) is included as an attachment to this chapter.
[Ord. No. 3904, 9-20-2005, § 1; amended by Ord. No. 3967, 10-3-2006, § 1; Ord.
No. 4023, 7-25-2007, § 2; Ord. No. 4095, 9-9-2008, § 2; Ord.
No. 4151, 10-6-2009, § 2; Ord.
No. 4199, 9-28-2010; Ord. No. 4209, 1-11-2011; Ord. No. 4278; 10-30-2012; Ord. No. 39-2014, 10-21-2014; Ord. No. 44-2014, 12-17-2014]
This chapter shall continue in full force and effect unless
or until repealed, amended or modified by ordinance.
