[Adopted 11-15-1983 by Ord. No. 83-42]
The following terms, whenever used or referred to in this article,
shall have the following respective meanings for the purposes of this
article unless a different meaning clearly appears from the context:
The officer or employee designated by the City Manager to
conduct hearings and render decisions relating to this article and
with respect to the provisions of the Senior Citizens and Disabled
Protected Tenancy Act. Any and all references to "Administrative Hearing
Officer" contained in this article shall be deemed to refer to the
Administrative Hearing Officer.
[Added 12-3-1996 by Ord. No. 96-42[1]]
Includes the following:
[Amended 11-17-1992 by Ord. No. 92-31]
For rental units existing prior to July 1, 1983, the rent for
a rental unit immediately prior to July 1983, not in excess of the
maximum permitted pursuant to applicable ordinances in effect prior
to that date; including the amount of any tax rate adjustment levied
upon said rental unit in accordance with such preexisting ordinances,
by excluding any additional charges for capital improvements, together
with any permissible increase to the base rent hereinafter levied
pursuant to this article.
For new rental units first occupied on or after July 1, 1983,
the rent as initially established by the landlord upon such initial
occupancy, together with any permissible increases to the base rent
hereinafter levied pursuant to this article.
For rental units which have been withdrawn from the rental housing
market upon written notice thereof to the Administrative Hearing Officer,
and which have not been rented for a period of at least one year following
the date of receipt of the notice of such withdrawal, except for rental
units which had been vacated after notice has been given that the
owner seeks to permanently board up or demolish the premises or seeks
to retire permanently the premises from residential use pursuant to
Subsection g(1) or h of Section 2 of Public Law 1974, c. 49 (N.J.S.A.
2A:18-61.1), the rent as initially established by the landlord upon
such reoccupancy following the aforesaid withdrawal, from the rental
housing market and expiration of the required time period, together
with any permissible increases to the base rent hereinafter levied
pursuant to this article; provided, however, that the establishment
of a base rent under this subsection shall require prior Administrative
Hearing Officer approval as to eligibility under the provisions hereof.
The notice of withdrawal from the rental housing market shall set
forth the name of the landlord or owner, the addresses of the units
so withdrawn, and the reasons for such withdrawal. For the purposes
of this subsection, the intentional failure to offer a rental unit
for rent pending a conversion to condominium or cooperative ownership
or for the purpose of increasing the base rent shall not constitute
a valid withdrawal from the rental housing market. Where the reason
for withdrawal is the personal occupancy by the owner or contract
purchaser thereof, the owner or contract purchaser must have personally
occupied the rental unit for at least one year in order to be eligible
for an adjustment in the base rent pursuant to this subsection.
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 such unit.
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association, or to lease or purchase a dwelling
constructed or to be constructed by said corporation or association.
Includes the holder or holders of the title in fee simple
of rental units, and individuals, firms and corporations having the
right to lease rental units without the consent of the holder of the
fee title.
Any and all monies paid by a tenant of a rental unit to the
landlord of such rental unit with respect to the occupancy of and
services connected with such rental unit.
Includes all or any portion of a building or structure rented
or offered for rent by individual lease or sublease, for residential
occupancy to one or more persons whether for a stated term or period
and whether pursuant to a written or oral lease or sublease, including
rooming houses, apartment buildings, townhouses, one-or-more-family
homes, condominiums and cooperatives. The term rental unit shall also
include any garage space, assigned parking space, or assigned storage
area used in connection with such residential occupancy. The term
"rental unit" shall not, however, mean or include:
[Amended 10-15-1985 by Ord. No. 85-45]
Any rental or leased space in any hotel, motel or established
guesthouse; or
Except in the case of condominiums and cooperatives, any single
rental unit which is the only rental unit owned by the owner thereof
in the City of Englewood. The owner of a rental unit held in the name
of a corporation shall include any person or persons owning or having
control over any shares of said corporation.
[1]
Editor's Note: This ordinance repealed d the definition of
"Board" (Rent Board) in this section. References to "Board" or "Rent
Board" in this article have been changed to the Administrative Hearing
Officer.
A.
No landlord shall increase the rent of any rental unit in excess
of the increases permitted pursuant to this article.
B.
The base rent of a rental unit, irrespective of the number of different tenants occupying said rental unit, may not be increased more than once in any twelve-month period; provided, however, that in computing such twelve-month period, any month during which there was an outstanding notice of violation respecting the premises containing the rental unit, as set forth in § 325-53 hereof, shall not be counted.
C.
The base rent shall not be increased by a percentage of the base rent greater than 4% for each twelve-month period since the last rental increase; provided, however, that in computing each such twelve-month period since the last rental increase, any month during which there was an outstanding notice of violation respecting the premises containing the rental unit, as set forth in § 325-53 hereof, shall not be counted.
D.
Increases to the base rent shall be added to the previous base rent
in arriving at a new base rent for a rental unit.
E.
Notwithstanding anything to the contrary set forth in this section, upon the vacation of a rental unit by the tenant thereof, not the result of any unlawful coercion or harassment, the base rent for such rental unit may be equalized by increasing said base rent up to but not in excess of the highest base rent charged for a rental unit within the same premises having the same or fewer number of rooms; provided, however, that no such increase shall be permitted unless the landlord shall file with the Administrative Hearing Officer and serve upon the new tenants a certification or affidavit setting forth the following: [In determining the highest base rent charged for a rental unit within the same premises having the same or fewer number of rooms, no unit whose base rent had been increased pursuant to the provisions of § 325-49, the definition of "base rent," Subsection C, shall be considered.]
[Amended 11-17-1992 by Ord. No. 92-31]
(1)
The names and forwarding addresses, if known, of the prior tenants;
(2)
The apartment number, number of rooms and prior base rent of the
rental unit;
(3)
The apartment number, number of rooms and current base rent of the
rental unit having the highest base rent for the same or fewer number
of rooms;
(4)
The circumstances under which the prior tenants vacated said rental
unit; and
(5)
A statement that said vacation was not the result of any unlawful
coercion or harassment against prior tenants by the landlord, his
agents, employees, servants or representatives.
F.
Notwithstanding anything to the contrary set forth in this section,
the limitations upon increases to the base rent with respect to any
rental unit within a condominium or a cooperative which is the only
rental unit owned by the owner thereof in the City of Englewood shall
only apply to the tenant or tenants who receive or are entitled to
receive notice pursuant to the provisions of N.J.S.A. 2A:18-61.2g
and to those tenants entitled to protected tenancy status pursuant
to N.J.S.A. 2A:18-61.22 et seq. for so long as such tenants remain
in occupancy of said rental unit.
[Amended 7-17-1984 by Ord. No. 84-24]
G.
No landlord shall increase or add or apportion to the rent of any
rental unit any amount attributable in whole or in part to any fuel,
water, gas or electric, or other utility charge respecting such rental
unit.
(1)
Notwithstanding the foregoing, a landlord may require as a term and
condition for the rental of a rental unit that the tenant be responsible
for the payment of utility charges directly to the supplier of such
utility services, provided that the rental unit is individually metered
for such utility charges and that the utility services for which such
charges are made are under the exclusive use and control of the tenant
of such rental unit.
(2)
Where a landlord has supplied utilities to a tenant of a rental unit
and seeks to convert the rental unit in such a manner so as to have
all or a portion of the utilities charged directly to the tenant as
set forth above, the Administrative Hearing Officer shall adjust the
base rent of the rental unit to reflect the decrease in service or
the increase in cost to the tenant of such rental unit by reason of
such conversion.
H.
Notwithstanding anything to the contrary set forth in this section,
a landlord may charge and collect rent for a rental unit in excess
of the base rent established hereunder subject to the following limitations
and restrictions:
[Added 11-17-1987 by Ord. No. 87-49]
(1)
The landlord must participate in a governmentally approved and regulated
housing program in which landlord makes available rental units within
said premises to tenants who are eligible and entitled to receive
Section 8 rental assistance or other similar publicly assisted rent
supplements.
(2)
The tenant occupying the rental unit must be eligible and entitled
to receive Section 8 rental assistance or other publicly assisted
rent supplements.
(3)
The rent charged or collected for the rental unit shall not exceed
the fair market rental established for such rental unit pursuant to
regulations promulgated by the United States Department of Housing
and Urban Development.
(4)
The rent charged or collected for the rental unit, after deducting
therefrom the amount of rental assistance payments to which the tenant
thereof is entitled to receive, shall not exceed the base rent established
for said rental unit pursuant to the provisions of this article.
(5)
The within exception to the prohibition to charge and collect rent
in excess of the rent established by this article shall not extend
beyond the date upon which the rental unit is no longer occupied by
a tenant eligible and entitled to receive Section 8 rental assistance
or other publicly assisted rent supplements.
(6)
The landlord must file and serve an explanation of rent increase
form which, in addition to the information otherwise required in this
article, must set forth the maximum base rent calculated pursuant
to this article, the fair market value permitted by HUD and the amount
of rental assistance provided to the tenant thereof and shall have
attached thereto a statement signed by the Englewood Housing Authority
certifying that the tenant of such rental unit is eligible to receive
rental assistance, the amount of the rental assistance and the rent
calculated by HUD.
I.
Notwithstanding anything to the contrary set forth in this section,
the landlord may charge and collect rent for a rental unit in excess
of the base rent established hereunder subject to the following limitations
and restrictions:
[Added 12-17-2002 by Ord. No. 02-26]
(1)
The landlord must have constructed the rental units pursuant to a
redevelopment plan adopted by the City of Englewood and in accordance
with a redevelopment agreement by and between the City of Englewood
and the landlord.
(3)
The redevelopment agreement must specifically be conditioned upon
the exemption of the residential portion of the redevelopment project
from the provisions of this article.
A.
In addition to the rental increases permitted pursuant to § 325-50, a landlord may charge an increase for capital improvements made by him in the rental unit or attributed to the rental unit pursuant to the provisions of this section. No charge for capital improvements in rental shall be permitted for any improvements commenced or completed prior to an adjustment in the base rent of the rental unit pursuant to Subsection C of the definition of "base rent" in § 325-49 hereof, and any charge for capital improvements previously approved for such rental unit shall terminate immediately upon an adjustment in the base rent of such rental unit pursuant to Subsection C of the definition of "base rent" in § 325-49.
[Added 11-17-1992 by Ord. No. 92-31]
B.
For the purpose of this section, and as further limited and defined by Subsections C, D and E hereof, "capital improvements" shall mean improvements which permanently enhance the rental value of the rental unit by way of substantial additions to or changes in the existing building, and which are not repairs which merely maintain the building in an efficient operating condition nor replacements of fixtures, major appliances and other items which do not appreciably prolong the life or improve the condition of the building.
C.
By way of further definition and limitation of the term "capital
improvements" as used in this section, the term "capital improvements"
shall include, but shall not be limited to the following articles
and improvements provided by the landlord:
(1)
Improvement of existing plumbing by installation of new pipes or
other facilities which substantially improve the capacity or performance
of the plumbing system.
(2)
Improvement of existing heating system by installation of a new boiler
or furnace or other equipment which substantially increases the heating
capacity available to tenants.
(3)
Improvement of hot water system to provide substantial increase of
hot water supply to tenants.
(4)
Installation of central heat or hot water system where none previously
existed.
(5)
Installation of screens and/or storm windows where none previously
existed.
(6)
The following optional improvements, if, but only if, the furnishing
or installation of same is approved by more than 1/2 of the tenants
occupying the building, such approvals to be obtained in writing and
filed with the Administrative Hearing Officer before the installation
of the improvements:
(7)
The following articles or improvements installed within a particular
apartment, provided that the approval of the occupant of the apartment
is first obtained, which approval shall be in writing and shall be
filed with the Administrative Hearing Officer before the improvement
is installed:
D.
Replacement of an appliance (including refrigerator or stove) shall
not be considered a capital improvement; provided, however, that if
a landlord offers to a tenant a replacement appliance substantially
equivalent to the existing appliance, but the tenant requests replacement
with a substantially improved appliance, the cost of such improved
appliance may be treated as a capital improvement.
F.
The amount of the monthly increase which a landlord may charge for
a capital improvement shall be determined as follows:
(1)
The total amount of the cost of the capital improvement as permitted
by this section shall be divided by the depreciation period allowed
by the Internal Revenue Service for said capital improvement, provided
that such period shall not be less than one year.
(2)
The annual amount so obtained shall be divided by the total number
of full rooms of the rental units affected by the capital improvement
and then multiplied by the number of full rooms included within a
particular rental unit.
(3)
The annual amount per rental unit shall be charged to the tenant
in not less than 12 equal monthly installments.
(4)
In no event shall the monthly increase for a capital improvement be charged for a period greater than the depreciation period of said improvement as described in Subsection F(1) above.
(5)
No increase shall be permitted for capital improvements affecting
more than 10 rental units unless the total cost thereof exceeds $2,000.
(6)
No increase shall be permitted for capital improvements made more
than 12 months prior to the date upon which an application for such
an increase is filed with the Administrative Hearing Officer.
G.
Charges for capital improvements shall not be considered additions to the base rent for the purposes of computing rental increases pursuant to § 325-50.
H.
No charge for capital improvements shall be made to a tenant unless
such charge is approved by the Administrative Hearing Officer, upon
notice to all affected tenants in accordance with the Administrative
Hearing Officer's rules and regulations. Prior to installation
or furnishing of any improvement, a landlord may request from the
Administrative Hearing Officer a ruling as to whether the same will
constitute a capital improvement and may also request a ruling as
to the manner in which the landlord will be permitted to charge tenants
for the cost thereof.
A.
If by application of the rental increase limitations hereinbefore
set forth, or by reason of extraordinary operating expenses with respect
to the maintenance, repair and operation of rental units, an efficient
landlord claims an inability to obtain a minimum fair rate of return
on his investment, he may, upon notice to the affected tenant, petition
the Administrative Hearing Officer for additional rent increases in
accordance with the Administrative Hearing Officer's rules and
regulations.
B.
The Administrative Hearing Officer shall, on notice to the parties,
conduct hearings on said petition and shall afford such relief to
the landlord as it may deem necessary under the circumstances, upon
detailed findings of fact regarding all relevant aspects of the landlord's
profit, expenses, and operation of the building.
C.
Upon the Administrative Hearing Officer's request, the landlord
shall furnish and make available to the Administrative Hearing Officer,
all relevant documents and records, which items shall be made available
for inspection by the affected tenants. In addition, the Administrative
Hearing Officer may require and order an independent accountant, the
cost of which shall be borne by the landlord.
D.
The Administrative Hearing Officer shall not include any attorneys
fees, accountants fees or application fees incurred by a landlord
in connection with any application or hearing before the Administrative
Hearing Officer in determining whether a landlord is entitled to any
additional rent increases in accordance with this section or in calculating
the amount of any such rent increase.
E.
No increase pursuant to this section shall be authorized by the Administrative
Hearing Officer with respect to a rental unit more than once in any
twelve-month period, nor shall the Administrative Hearing Officer
conduct a hearing with respect to an application for such a rental
increase for a rental unit more than once within a twelve-month period.
F.
The Administrative Hearing Officer may take into account rental increases
of any kind, including capital improvement increases, during the past
12 months in determining whether to grant an increase pursuant to
this section and the amount and terms thereof.
A.
Any rent increase otherwise permitted under this article shall be subject to and conditioned upon the proper maintenance of the rental units in accordance with Chapter 317, Property Maintenance, of the Code of the City of Englewood and the furnishing of essential services to the tenants thereof.
B.
To carry out the foregoing purpose, no rent increase otherwise permitted
under this article shall be charged unless the landlord:
C.
For the purposes of Subsection B above, a notice of violation shall be deemed outstanding if any violation specified in such notice has not been corrected within the time period specified by the Chief Inspector.
D.
To satisfy the provisions of Subsection B above, the statement from the Chief Inspector must be dated no earlier than 90 days prior to the date on which the proposed rental increase is to take effect.
E.
Within 14 days after receipt of a request therefor, the Chief Inspector of the City shall furnish the landlord with either i) a statement that the premises containing the rental it affected by the proposed rent increase have no outstanding notices of violation of Chapter 317, Property Maintenance; or ii) a list of the outstanding notices of violation respecting said premises. If the Chief Inspector fails to furnish the aforesaid information within said fourteen-day period, the landlord shall serve upon the Director of the Department of Community Development and Housing of the City of Englewood, a notice, in writing, setting forth a list of apartments for which the statement from the Chief Inspector was requested, the date upon which said request was received by the Chief Inspector and that more than 14 days have elapsed since said date. Within seven days after receipt of such a notice, the Director shall cause the Chief Inspector to furnish the landlord with the aforesaid information. For the purposes of this section, a failure by the Director to have the aforesaid information furnished to the landlord within seven days after receipt of said notice shall have the same effect as if the statement was furnished and said premises had no outstanding notices of violation.
F.
Where a landlord has received a notice of violation respecting a
rental unit but has been unable to correct such violation due to the
failure or refusal of the tenant of such rental unit to allow the
landlord or its agent to enter the rental unit to correct said violation,
the landlord may request an informal hearing before the Chief Inspector,
upon seven days' notice to the tenant. The Chief Inspector shall rescind
such notice of violations if, as a result of such hearing, he finds
that:
(1)
The tenant was given written notice by certified mail of the landlord's
intention to correct said violation seven days in advance of the scheduled
date for the correction of such violation, except in the case of emergencies.
(2)
The tenant unreasonably failed or unreasonably refused to provide
access to the rental unit for such purpose on such scheduled date.
(3)
But for the unreasonable failure or unreasonable refusal of the tenant
to permit access to the rental unit, the violation would have been
corrected.
G.
Upon the rescission of a notice of violation by the Chief Inspector,
said violation shall be considered as having been corrected for the
purpose of determining whether any rental increases shall be permitted
hereunder.
H.
The decision
of the Chief Inspector may be appealed by either party to the Administrative
Hearing Officer.
A.
A landlord shall file with the Administrative Hearing Officer an
annual statement setting forth the following information for each
rental unit owned or operated by him within the City of Englewood
effective on the first day of January of each year:
(1)
The apartment number;
(2)
The name of the tenant;
(3)
The base rent;
(4)
The date of the last rental increase;
(5)
The amount of any capital improvement increase granted by the Administrative
Hearing Officer, together with the commencement and termination date
thereof; and
(6)
The name, address and telephone number of the landlord. Such statements
shall be filed with the Administrative Hearing Officer annually on
or before the first day of February of each year.
B.
No rental increase otherwise permitted under this article shall be
charged unless:
(1)
The same is set forth by the landlord in a written notice, on a form
prescribed by the Administrative Hearing Officer, which shall be served
upon the tenant personally or by certified or registered mail, no
later than 30 days prior to the proposed effective date thereof, and
unless such notice states with particularity the basis, as provided
in this article, for the increase and the calculations upon which
the increase had been determined and computed; and
(2)
A copy of such notice is filed with the Administrative Hearing Officer
prior to or contemporaneously with the service of such notice upon
the tenant.
C.
A landlord may at any time prior to the service of the notice of rental increase upon the tenant request a preliminary determination from the Administrative Hearing Officer whether the proposed increase is in compliance with the applicable provisions of this article by furnishing a copy of said notice to the Administrative Hearing Officer together with such request. The Administrative Hearing Officer, or his designated representative, shall notify the landlord of this preliminary determination within 30 days following receipt of such request. A failure to furnish such preliminary determination within the prescribed time shall have the same effect as if the preliminary determination had been made and such proposed increase is in compliance with the applicable provisions of this article. Said preliminary determination shall not be binding upon the Administrative Hearing Officer or the affected tenant but may be used as a defense in any prosecution under § 325-58 hereof alleging a demand of rental increase, as set forth in said notice, in excess of the maximum permitted under this article.
A.
The Administrative Hearing Officer may prescribe the form and content
of applications for rental increases, hearings and determinations
of the Administrative Hearing Officer.
B.
The Council may by ordinance establish a schedule of fees for applications
before the Administrative Hearing Officer for rental increases, hearings,
or determinations of the Administrative Hearing Officer. Such fees
shall be payable to the City of Englewood and shall be submitted to
the Administrative Hearing Officer at the time such application is
made.
C.
No fee authorized hereunder and no attorneys fees, accountants fees
or other expenses incurred by either party in connection with any
hearing application or determination before the Administrative Hearing
Officer shall be charged or passed along to the other party.
In addition to such other powers and duties heretofore granted
to and imposed upon the Administrative Hearing Officer, the Administrative
Hearing Officer shall have the following powers and shall perform
the following functions and duties:
A.
To hold hearings and make adjudications on any complaints which may
be filed with it by tenants alleging noncompliance by the landlord
with the terms and conditions of this article.
B.
To obtain, keep and maintain all available records, data and information
necessary to the enforcement, construction, and application of this
article.
C.
To promulgate rules and regulations governing all proceedings authorized
by this article.
D.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this article.
E.
To exercise all powers necessary and appropriate, to the maximum
extent permitted by law, to carry out and execute the purposes of
this article.
The Administrative Hearing Officer 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 article
which was charged or had occurred at any time more than 12 months
prior to the filing of a complaint before the Administrative Hearing
Officer regarding said matter.
No landlord shall demand of a tenant any rent or rental increase in excess of the maximum permitted herein, unless a preliminary determination approving said increase had previously been obtained from the Administrative Hearing Officer pursuant to § 325-54 hereof and any such demand, as well as any other violation of any provision of this article, including the failure to serve or file a notice as required by, and within the time limits prescribed by §§ 325-53 and 325-54, shall be punishable by a fine of not more than $500, or imprisonment for not more than 90 days, or both. A violation affecting more than one rental unit shall be considered a separate violation as to each rental unit.
