[HISTORY: Adopted by the City Council of the City of Atlantic
City 10-21-1998 by Ord. No. 63-1998. This ordinance also provided
for the repeal of former Ch. 41, Landlord-Tenant Affairs Board, adopted 11-6-1985 by Ord. No.
56-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 32.
The following words used herein shall have the definition and
meaning set forth herein:
The rent legally enforced as of the effective date of this
chapter. "Base rent" shall include the legally enforced rent and any
permitted increases as provided for in this chapter. Such increases
may include but are not limited to capital improvement increases,
Consumer Price Index increases and hardship increases.
A permanent improvement that is reasonably expected to last
for five years or more and must be subject to allowances for depreciation
under the federal income tax provisions. Capital improvements do not
include normal and regular maintenance.
Any use which is primarily for business activity such as
retail, wholesale marketing, office, warehouse or any similar nonresidential
activity.
For the purposes of this chapter, a "dwelling unit" is defined
as an apartment (i.e., the unit must contain a kitchen, a bathroom
and living space). Efficiency apartments are included in the definition
of a "dwelling unit."
All income resulting directly or indirectly from the operation
of a property or building, including but not limited to any rent from
an 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, finder's fees, amounts received from
successful tax appeals, income from rebates and capital improvement
surcharges.
Includes repairs, replacement and maintenance, painting,
providing light, heat, hot and cold water, elevator services (where
applicable), storm windows and screens, superintendent services (where
applicable) and any other benefit, privilege or facility connected
with the use or occupancy of any proportionate part of the dwelling
or services provided to common facilities of the building in which
the dwelling is contained.
Apartment, as already defined herein.
The owner, lessor, sublessor or any other person entitled
to receive rent for the use and occupancy of housing space or any
agent or successor of any of the foregoing.
All rights, responsibilities, requirements, laws, regulations,
rules or ordinances relating to landlords and/or tenants, including
but not limited to those contained in Chapter 310 of the New Jersey
Public Laws of 1975, and the footnotes thereof, commonly known as
the "Truth In Renting Act."
Gross maximized annual income, less reasonable and necessary
operating expenses.
Includes written notice to a landlord, tenant or any interested
party, which notice is mailed to the residence of said party(ies)
by regular mail. The notice sent to the landlord shall be sent to
the address currently on file with the Tax Assessor's Office,
such address being the same location as where the tax notices are
sent.
The Consumer Price Index for the housing component of the
Consumer Price Index, being the index figure appearing opposite the
word "housing" in the column for the city in the Consumer Price Index
for urban wage earners and clerical workers for the region of the
United States of which southern New Jersey is a part, published periodically
by the Bureau of Labor Statistics, United States Department of Labor,
which city is the closest in proximity to the City of Atlantic City.
All actual expenses incurred and paid by the landlord for
the residential property during the period reflected in income and
computed in accordance with the provisions and limitations of this
chapter. Mortgage interest is considered a "reasonable and necessary
operating expense."
Includes the consideration, including any bonus, benefit
or gratuity demanded or received for or in connection with the use
or occupancy of housing space or the transfer of a lease for such
housing spaces, including but not limited to monies demanded or paid
for parking, heat and utilities, pets, the use of furniture and subletting.
In the event that rent is paid upon some interval other than one month,
then the monthly rent shall be calculated by apportioning the rent
so as to determine the sum for the term of one month.
A tenant, subtenant, lessee, sublessee or any other person
entitled under the terms of a housing space agreement to the use and
occupancy of any housing space.
A.
There is hereby provided by the enactment of this chapter the establishment
of an eleven-member Landlord-Tenant Affairs Board, hereinafter referred
to as the "Board." One member shall be appointed to the Board from
each ward by that Wward's Council member. One member shall be appointed
by each at-large Council member. Two members shall be appointed by
the Mayor. Of the members appointed to the Board, at any given time
only four members may be tenants and only four members may be landlords.
The landlord members of the Board must own rental property within
the City of Atlantic City, but need not be residents of the City.
The tenant members of the Board must be residents of the City of Atlantic
City. The remaining members of the Board must be homeowners and residents
of Atlantic City. All appointees shall serve a full three-year term.
Six members will constitute a quorum.
[Amended 5-20-2020 by Ord. No. 18-2020]
B.
The Landlord-Tenant Affairs Board shall serve as an appellate body reviewing cases decided by the Office of Landlord-Tenant Affairs. The Landlord-Tenant Affairs Board shall have the powers necessary and appropriate to carry out and execute the purposes of this chapter, including but not limited to the powers set forth in § 41-3 herein and as follows:
C.
All meetings and hearings shall be open to the public and conducted
pursuant to the rules and regulations of the Office of Landlord-Tenant
Affairs. The Office of Landlord-Tenant Affairs shall maintain hearing
dockets. The dockets shall list the time, the date, the place of the
hearing, the names of the parties involved, the addresses of the dwellings
involved and the final disposition of the appeals heard by the Board.
All meetings shall be conducted pursuant to the Open Public Meetings
Act, N.J.S.A. 10:4-7 et seq.
D.
The Landlord-Tenant Affairs Board shall give the landlord and the
tenant reasonable opportunity to be heard before making any determination.
All parties to a hearing may have assistance in presenting evidence
and developing their position from attorneys, legal workers, tenant
union representatives or any persons designated by said parties. All
determinations and decisions by the Board shall be adopted by a majority
of the Board members, which shall consist of at least three members.
No hearing may be held unless at least three members are present.
All determinations and decisions of the Board shall be in writing.
Either the landlord or the tenant may appeal the decision of the Board
to a court of competent jurisdiction.
A.
There is hereby created the Office of Landlord-Tenant Affairs. The
Office of Landlord-Tenant Affairs shall come under the direction of
the Director of Licensing and Inspections and shall have all of the
powers necessary and appropriate to carry out and execute the purposes
of this chapter, including but not limited to the power:
[Amended 7-24-2000 by Ord. No. 23-2002; 1-27-2010 by Ord. No.
03-2010]
(1)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter or any rules,
regulations or laws relating to landlord-tenant affairs.
(2)
To serve as a source of information for members of the Landlord-Tenant
Affairs Board and determine the vacancy rate of the dwelling units
in the City.
(3)
Under the direction of the Director of Licenses and Inspections,
to enforce and administer this chapter.
(4)
To correlate and summarize all pertinent information regarding properties
subject to public hearing and present such information using narrative
comparative statements and other related data at the Landlord-Tenant
Affairs Board public hearings.
(5)
To accept, review and dispose of applications for rental increases.
The decision of the Office of Landlord-Tenant Affairs may be appealed
by either the landlord or the tenant to the Landlord-Tenant Affairs
Board and a hearing will be scheduled. Any determination or decision
rendered by the Landlord-Tenant Affairs Board shall be in writing.
(6)
To accept complaints of tenants of illegal rent increases and investigate
and correct rents where violations to this chapter are found.
(7)
To perform all other functions necessary and appropriate for the
proper implementation of this chapter.
(8)
To provide information regarding the necessity of other permits or
licenses as it relates to the occupancy of the building, including
but not limited to certificates of occupancy, construction permits,
approvals and final certificates.
B.
The position of Administrator of Landlord-Tenant Affairs is hereby
created and shall be under the direction of the Director of Licenses
and Inspections. The duties of said Administrator shall include:
(1)
Coordination of the work of the staff of the Office of Landlord-Tenant
Affairs with the members of the Landlord-Tenant Affairs Board created
by this chapter.
(2)
Determination of the internal organization of the Office of Landlord-Tenant
Affairs; formulation of the necessary internal rules and regulations;
determination of the best use of available funds, personnel, equipment
and supplies; determination of suitable assignments and instructions
to other employees in Office of Landlord - Tenant Affairs; provision
of staff with needed advice and assistance when difficult and unusual
problems arise; and checking their work to see that proper procedures
are followed.
Said Administrator of the Office of Landlord - Tenant Affairs
shall have the qualifications and experience outlined by the State
of New Jersey Department of Personnel for the title of Rent Regulation
Officer.
A.
Within 60 days of the passage of this chapter, every landlord, owner or rental agent of a building subject to the provisions of this chapter shall register, whether currently registered or not, with the Office of Landlord-Tenant Affairs. In addition, within 30 days of occupancy or purchase of a dwelling unit, every landlord, owner or rental agent of a dwelling unit subject to the provisions of this chapter shall register, whether currently registered or not, with the Office of Landlord-Tenant Affairs and shall also apply for an inspection of the premises to determine City Code violations. The applicant for such inspection shall state, in writing, his full name, residence and the reasons for the inspection request. The application may be denied for failure to comply with this requirement. The legal base rent to be charged for any unit shall be established at this time. The failure of any landlord, owner or rental agent of a building subject to the provisions of this chapter to register with the Office of Landlord-Tenant Affairs is a violation of this chapter. Any violation of this section shall be subject to the provision of § 41-18. Each unregistered leasehold shall be considered a separate violation and subject to a separate penalty.
[Amended 2-7-2001 by Ord. No. 3-2001; 10-6-2010 by Ord. No.
69-2010]
B.
The Office of Landlord - Tenant Affairs is hereby designated as the
clearinghouse for all information and registration required under
this chapter and any other ordinance or law relating to Landlord -
Tenant affairs. The Office of Landlord - Tenant Affairs shall investigate,
compile, computerize and verify information relating to Landlord -
Tenant Affairs required to be filed with the City Clerk's office,
Bureau of Investigation and Inspections, Fire Prevention Bureau, Fire
Department, Police Department, Housing Authority, Tax Collector's
Office and any other municipal agency. The City Clerk's office
shall maintain such records as are required by N.J.S.A. 46:8-27 in
the Office of Landlord - Tenant Affairs. The Bureau of Investigations
and Inspections shall make available applications for certificates
of occupancy at the Office of Landlord - Tenant Affairs and shall
file a copy of the certificate of occupancy issued for the property
at the Office of Landlord - Tenant Affairs.
C.
At the time of the filing of a completed registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
[Added 10-6-2010 by Ord. No. 69-2010]
(1)
An annual registration fee of $30 per year.
(2)
A reinspection fee of $15.
(3)
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee.
(4)
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 will be assessed.
A.
In the City of Atlantic City, rental increases for all dwelling units
shall be determined by the provisions of this chapter.
B.
Each year a landlord may increase the rent by the price index increase
for the previous 12 months prior to the termination of the lease of
said periodic tenant. No hearing shall be required on the landlord's
application for the price index increase, provided that he has provided
the information and calculations to the tenant by certified mail or
personal service of the calculations involved in computing the cost
of living increase. The landlord's notification to the tenant
must occur at least 30 days prior to the Consumer Price Index increase
taking effect. The Consumer Price Index will be published on a quarterly
basis by the Office of Landlord - Tenant Affairs. The landlord shall
use the latest Consumer Price Index published by the Office for the
amount for the increase. The landlord shall file the same calculations
that have been provided to the tenant with the Office of Landlord
- Tenant Affairs. The landlord shall also provide proof to the Office
of Landlord - Tenant Affairs of the notification to the tenants. Failure
of the landlord to provide the tenant with the information required
by this section shall make the cost of living increase void for that
year and the tenant shall recover for any increases paid. The cost
of living increase is an automatic increase to the extent that the
landlord files the calculations with the Office of Landlord - Tenant
Affairs for the period applied for. The landlord shall not be entitled
to a cost of living increase for any period which has not been applied
for through the Office of Landlord Tenant Affairs.[1]
[1]
Editor's Note: Former Subsection C, regarding the increase
being payable in equal monthly Installments, which immediately followed
this subsection, was repealed 2-25-2004 by Ord. No. 8-2004. Tab ordinance
also provided for the redesignation of former Subsection D as Subsection
C.
Every owner of dwelling units which come under the jurisdiction
of this chapter shall maintain the following records and shall file
the same with the Landlord - Tenant Affairs Office.
A.
All owners or landlords shall be required to register all rental
dwelling units with the Office of Landlord - Tenant Affairs. The registration
shall include the following:
(1)
The address of each dwelling unit and the block and lot of the property.
(2)
The name and usual address of the owner or his designee for the purpose
of receiving service of process and for the purpose of receiving and
providing receipts for all notices and demands.
(3)
The rent charged for each dwelling unit as of the effective date
of this chapter.
(4)
The housing services provided to the occupants or tenants thereof.
(5)
A list of all vacant units and the date on which said unit or units
most recently became vacant.
B.
The Office of Landlord - Tenant Affairs shall provide the forms for
this purpose.
C.
A copy of this registration information shall be kept at the Office
of Landlord - Tenant Affairs and shall be open for public inspection
and copying.
Apartments offered for rental within the City of Atlantic City
are subject to this chapter with the following exceptions:
A.
Any housing which is federally subsidized, including but not limited
to all Section 8 housing; any apartments in buildings which have Department
of Housing and Urban Development (HUD) mortgages; and apartments renovated
under the Rental Rehabilitation Program.
B.
All public housing units.
C.
Apartments in buildings of three or more units constructed after
June 25, 1987, as per N.J.S.A. 2A:42-84.2.
D.
Any owner-occupied duplex or triplex.
F.
Seasonal rentals as defined by N.J.S.A. 2A:18-59.2 as a hotel, motel
or guesthouse rented to a transient guest or seasonal tenant.
A.
A landlord shall maintain the same services, standards of service,
maintenance, furniture, furnishings and equipment in the housing unit
as he provided or was required to provide by law or lease at the date
the lease was entered into. Any individual or class of tenants who
is not receiving substantially the same standards of service, maintenance,
furnishings or equipment as was provided or required to be provided
by law or lease at the date the lease was entered into or who is subject
to surcharge increases due to the fault of the landlord through the
negligence of normal maintenance may present evidence to that effect
to the Office of Landlord - Tenant Affairs.
B.
Where services, standards of service, maintenance, furniture, furnishings
and equipment in the housing unit are not substantially maintained
as outlined above, any tenant may complain to and make application
to the Office of Landlord - Tenant Affairs for a decrease in rent.
The Office of Landlord - Tenant Affairs may gather information from
other tenants at the same property. Based upon the complaint and the
information gathered, the Office of Landlord - Tenant Affairs may
determine that the rent is being decreased by the value of the lost
services or equipment. All such decisions made by the Office of Landlord
- Tenant Affairs may be appealed to the Board. Tenants are not limited
to the remedies stated herein. Tenants may avail themselves of any
remedies provided pursuant to statute, including those enumerated
but not limited to N.J.S.A. 2A:18-61.1 et seq.
A.
Capital improvement increase to common areas. A landlord may seek
a capital improvement surcharge for any contemplated major capital
improvement by applying to the Office of Landlord - Tenant Affairs.
In calculating the amount of capital improvement increase a landlord
may charge monthly, it shall be prorated among all of the tenants
in the following manner; the total cost of the capital improvement
is divided by the expected life of the capital improvement. This figure
represents the annualized rate. The annualized rate is divided by
the number of apartments in the building. This figure represents the
amount each apartment pays as their pro rata share of the capital
improvement. Five percent of the pro rata improvement is added to
this amount. This represents the amount intended to be a fair return
on the landlord's investment. The pro rata increase is added
to the current rent paid by the tenant and becomes part of the base
rent. Commencing with the month following the approval of the capital
improvement increase by the Office of Landlord - Tenant Affairs, each
tenant shall pay his share of the capital improvement increase in
12 equal monthly payments as computed herein for each year.
B.
Capital improvements increases for individual units. A landlord may
seek a capital improvement increase for any contemplated capital improvements
for an individual unit by applying to the Office of Landlord-Tenant
Affairs. The amount of capital improvement increase for the individual
unit the landlord may charge shall be determined as follows: the total
cost of the improvement shall be divided by the expected life of the
capital improvement. This figure represents the annualized rate. Five
percent of the improvement is added to the annualized rate. This total
represents the per annum charge to the tenant for the capital improvement
to the individual unit. This total is added to the current rent of
the tenant and becomes part of the base rent. Commencing with the
month following the approval of the capital improvement increase by
the Office of Landlord - Tenant Affairs, the tenant shall pay the
capital improvement increase in 12 equal monthly payments as computed
herein.
C.
Notice provisions to tenant. A landlord seeking a capital improvement
surcharge shall petition the Landlord - Tenant Affairs Office prior
to performing the work, after first informing all of the tenants by
certified mail or personal service of his intention to seek a capital
improvement surcharge. The landlord shall inform the tenant in the
body of the notice of the calculations involved in determining the
increase. The landlord shall provide a copy of the notice to the tenant
to the Office of Landlord - Tenant Affairs. The Office of Landlord
- Tenant Affairs, upon receipt of the completed application, shall
give reasonable opportunity to be heard to both the landlord and the
tenant before making its determination. Any decision made by the Office
of Landlord - Tenant Affairs regarding capital improvement increase
may be appealed to the Landlord - Tenant Affairs Board by either the
landlord or the tenant.
D.
Approval of capital improvement increase. Upon the approval of a
capital improvement increase, the landlord must provide to the Office
of Landlord - Tenant Affairs copies of all permits, approvals and
final certificates issued by the Division of Construction of the City
of Atlantic City as these documents become available during the course
of the capital improvement. In addition to these documents, the landlord
must make available to the Office of Landlord - Tenant Affairs all
receipts for labor and materials for the capital improvements. No
capital improvement increase shall become effective until all capital
improvements are completed.
A.
Wherever a landlord shall determine that the current net operating
income (NOI)/gross maximized annual income ratio is less than 40%,
or the current year NOI/gross maximized income ratio is less than
the average of three prior years' net operating income to gross
maximized annual income ratio, the landlord may make application to
the Office of Landlord - Tenant Affairs for a hardship increase in
rent.
B.
It shall be presumed that the rent(s) charged in the three-year base
period yielded a fair net operating income.
C.
Upon the establishment by the landlord of the factors set forth in
this section, the Office of Landlord - Tenant Affairs will grant a
hardship surcharge equal to the lesser of:
(1)
An increase necessary to provide a current NOI/gross maximized annual
income ratio equal to the average three prior years' net operating
income to gross maximized annual income ratio; or
(2)
An increase necessary to provide a current net operating income/gross
maximized annual income ratio of 40%.
D.
In all such applications, the landlord shall specifically allege
that:
(1)
He is an efficient operator of the residential property involved;
(2)
The residential property is in a safe and sanitary condition free
from any local health and housing maintenance code violations which
would cause a unit or a structure to become less livable; and
(3)
The landlord is in full compliance with the state laws pertaining
to tenants rights.
E.
If at any time during the course of a consideration of a hardship
increase pursuant to the provisions of this chapter the Office of
Landlord - Tenant Affairs shall determine that the landlord is not
in substantial compliance with any or all of the above, the Administrator
may temporarily withhold further consideration of the application
for a hardship increase until such time as the landlord has corrected
any such deficiency.
F.
In computing gross income under this chapter, the following limitations
shall apply in all cases:
(1)
No allowance shall be permitted for vacancies unless it can be shown
that the vacant units have been advertised as such in a newspaper
of general circulation within Atlantic City and meets the city housing
code requirements;
(2)
Income and expenses arising out of a nonresidential use, including
that for professional space, shall result from arm's length transactions;
(3)
No loss caused by a nonresidential use may be considered.
G.
In computing reasonable and necessary operating expenses under this
chapter, the following limitations shall apply in all cases:
(1)
Taxes shall be limited to amounts actually paid, including those
in escrow;
(2)
Repairs and maintenance shall be limited to arm's length transactions
and shall be reasonable and necessary so as not to cause over-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 more than three years
for the exterior of common areas;
(3)
Purchase of new equipment shall be reflected and prorated over the
useful life of the item;
(4)
Legal and accounting expenses shall be limited to reasonable and
necessary costs of the operation of the property;
(5)
Management fees shall be limited to actual services performed in
connection with the operation of the property, including the resident
manager's salary, telephone expenses, postage, office supplies,
stationary and the value of the apartment provided, if included in
income. In no event shall management fees exceed 5% of the first $50,000
of gross maximized income, including commercial and professional space
income, 4 1/2% of the next $25,000 and 4% of the next $100,000
and 3% of any amount over $275,000;
(6)
Salaries not included in management fees shall be limited to actual
costs that are reasonable to ensure occupancy only;
(7)
Advertising shall be limited to actual costs that are reasonable
to ensure occupancy only;
(8)
Utilities, including but not limited to gas, electric, water and
oil shall derive from arm's length transactions and the landlord
shall demonstrate that all reasonable means to conserve energy and
fuel have been used;
(9)
Insurance shall derive from arm's length transactions prorated
over a policy's term and shall not include landlord's life,
medical or other personal policies;
(10)
No penalties or fines for any reason shall be allowed; mortgage
interest is specifically allowed as an expense in determining net
operating income;
(11)
The data regarding the income derived from any expenses incurred
in operating a property which are used in computing reasonable and
necessary operating expenses shall be fully substantiated with documentation
and shall justify the request for an increase based on hardship.
H.
The landlord shall make application to the Office of Landlord - Tenant Affairs, together with all necessary certifications, to demonstrate that he is not earning a fair net operating income. The application shall include the amount of increase and percentage of increase requested, together with all facts and figures of at least three years of income and expenses, if available. At the time of application, the landlord shall notify all tenants effected by certified mail or personal service that an application is being made. The landlord shall adhere to the notice provisions of § 41-10C. The landlord shall also make available to the tenants and to the Office of Landlord - Tenant Affairs all record's and books supporting the application. Any interested tenants or group of tenants or association of tenants who wish to be heard at the public meeting held in connection with a landlord's application may notify the Office of Landlord - Tenant Affairs, who will permit that tenant, group of tenants or association of tenants to be heard. This provision shall be liberally construed so as to afford ample opportunity for all interested parties to present their views before the Office of Landlord - Tenant Affairs.
I.
If, due to no fault of the landlord, the Office of Landlord - Tenant
Affairs shall not hear the application within the time parameters
set forth in this chapter and reach a determination within those parameters,
the landlord shall be entitled, upon notice to the tenants effected,
to collect the amount requested provided that the amount does not
exceed 10% above the current rent. If the amount exceeds 10% above
the current rent, the landlord shall be limited to only 10% until
the Office of Landlord - Tenant Affairs has reached a final determination.
The Office of Landlord - Tenant Affairs may stay the increase if,
in fact, the landlord has contributed to the delay. Any increase paid
by the tenant shall be without prejudice. If the Office of Landlord
- Tenant Affairs determines that a lesser amount of increase or no
increase shall be allowed, the tenant paying the increase shall be
entitled to an immediate credit against rents due and owing. The credit
shall be equal to the excess rents paid after written notice to the
landlord of the amount involved.
J.
The Office of Landlord - Tenant Affairs shall, within 15 days after
an application for a hardship increase is filed, convene a prehearing
conference, which shall include the landlord and tenants for the purpose
of ascertaining facts, specifying issues in dispute and establishing
stipulated facts.
K.
If, after a complete review of the application, the Office of Landlord
- Tenant Affairs shall determine that the landlord is in full compliance
with the provisions of this chapter and this section, they shall permit
a rental increase sufficient to reestablish the relation of fair net
operating income, gross maximized annual income and any increase granted
under a fair net operating income formula shall be prorated to all
of the units within the structure.
A.
Each time a subject apartment is voluntarily vacated by its tenant(s)
or becomes vacant as the result of a court-ordered eviction, the new
rent shall be determined by the landlord. The new rent will become
the legal base rent from which increases will be determined as applications
for which increases are made. The landlord shall notify the Office
of Landlord - Tenant Affairs after each change in tenancy and register
the new rent.
B.
The landlord shall also advise the Office of Landlord - Tenant Affairs
as to the reason why the prior tenant vacated the unit, including
but not limited to for example, eviction by court action, voluntary
vacation at the end of the term of the lease or any other reason for
vacating the unit.
C.
If the Office of Landlord - Tenant Affairs receives information or
determines that the landlord harassed the former tenant into leaving,
the Office shall have the power to return the unit to rent control
and to order the rent decreased to the maximum allowable amount under
rent control.
A.
Any tenant or any class of tenants may make a complaint to the Office
of Landlord - Tenant Affairs alleging any unauthorized or illegal
increase or any violation of any law, ordinance or regulation pertaining
to the Office of Landlord - Tenant Affairs. Upon notice to the landlord,
the Office shall determine the basis for the complaint, amount of
overpayment, if any, resulting from violations of this chapter and
shall establish a schedule of credits or rent abatements, as necessary,
to remedy the overpayment made. The decision of the Office of Landlord
- Tenant Affairs may be appealed to the Landlord - Tenant Affairs
Board by either the landlord or the tenant.
B.
No landlord of housing or rental space to which this chapter is applicable
shall serve a notice to quit upon any tenant or institute any action
against a tenant to recover possession of the rental unit, whether
by summary dispossess proceedings, civil action for the possession
of the land or otherwise as a reprisal for the tenant's efforts
to secure or enforce any rights under his leasehold arrangement or
under this chapter. Such unlawful reprisal on the part of the landlord
shall be punishable by penalties hereinafter set forth.
A willful violation of any of the provisions of this chapter, including but not limited to the willful filing with the Office of Landlord -Tenant of any material misstatement of facts, is a willful violation of this chapter and punishable by the provisions set forth in § 41-18.
Any provision of a lease or other agreement whereby any provision
of this chapter is waived shall be deemed against public policy and
shall be void.
The base rent shall be the rent legally enforced as a result of the landlord, owner or rental agent of a building subject to the provisions of this chapter registering within 60 days of the effective date of this chapter pursuant to § 41-5 with the Office of Landlord - Tenant Affairs.
This chapter, being necessary for the welfare of the City and
its inhabitants, shall be liberally construed to effectuate the purposes
thereof.
[Amended 11-25-2008 by Ord. No. 104]
Any person found guilty before the Municipal Court of the City
of Atlantic City for violating the provisions of this chapter, whether
individual, partnership or corporate, shall be subject to a fine not
to exceed $2,000 or subject to a penalty of 90 days in the country
jail, or both, at the discretion of the Judge. A violation affecting
more than one leasehold shall be considered a separate violation as
to each leasehold.
A.
Landlords and/or their agents are responsible for properly and effectively
completing applications for rental increases and furnishing all required
documentation related to such applications. While the Office of Landlord
- Tenant Affairs may answer questions and assist with the application
process, it is the responsibility of the landlord and/or his agent
to submit a completed application. Once submitted to the Office of
Landlord - Tenant Affairs, an application will be reviewed for completeness
within 10 days. Incomplete and/or deficient applications will be returned
to the applicant.
B.
The Office of Landlord - Tenant Affairs shall have 30 days from the
date of an application to determine if it is complete, to render a
written decision and notify the landlord, who is responsible for notifying
all necessary tenants. The landlord and/or his agent(s) shall have
10 business days from the date of receipt of the Office of Landlord
- Tenant Affairs decision within which to file an appeal to the Landlord
- Tenant Affairs Board. The tenant shall have 20 business days within
which to file an appeal with the Landlord -Tenant Affairs Board from
the date of receipt of the notice from the landlord.
C.
The Landlord - Tenant Affairs Board, in turn, must review documents
relating to any appeal within 10 business days of the filing of such
appeal and render a decision to either uphold, modify or reject the
Office of Landlord - Tenant Affair's determination.
A.
Provisions for a fee schedule for applications for hardships, capital
improvements and various surcharges are hereby established. Such fees
would allow the city to secure the services of an outside accountant,
when necessary, to assist in the calculations necessary for a determination
of an increase or decrease in rents. The services of the accountant
shall be used solely within the Office of Landlord - Tenant Affairs.
B.
C.
The above fees would apply if the rents had been updated within the
last three years. If the Office of Landlord - Tenant Affairs finds
that there has been a lapse of four or more years since the landlord
has provided current, updated information to the Office, then the
Administrator would have the power to double the base fees, in its
discretion.
D.
No application requiring the payment of fees shall be accepted by
the Office of Landlord - Tenant Affairs without payment of the appropriate
fees.
