As used in this chapter, the following terms shall have the meanings indicated:
- AVAILABLE FOR RENT TO TENANTS
- Buildings or dwellings fit for habitation as defined by statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Hudson and City of Hoboken and occupied or unoccupied and offered for rent.
- BASE RENT
- The legal rent charged or actually received by the landlord for the rental of housing space on January 11, 1973, or if not occupied at that date, the "base rent" shall be that actually charged to and received from the previous tenant, plus any increases under Article II of this chapter. The "base rent" may be changed only with the approval of the Rent Leveling and Stabilization Board. The "base rent" for dwelling units under § 155-2B and G shall be the first rental upon the exemptions set forth in said subsections. Upon vacancy and/or change in tenant, the "base rent" for all dwelling units shall be the new rental agreed upon by the new tenant, provided that the same is in accordance with the provisions of this chapter. When dwellings make the transition from rent regulation by a governmental agency that acts pursuant to federal or state law to regulate rents to rent regulation by this chapter as defined in § 155-2.1, the initial base rent following the transition shall be as set forth in § 155-2.1.[Amended 7-12-2000 by Ord. No. R-449; 1-22-2014 by Ord. No. Z-276]
- CAPITAL IMPROVEMENT
- A substantial change in the housing accommodations, such as would materially increase the rental value in a normal market. It is different from ordinary repair, replacement and maintenance. A "capital improvement" is of such a nature, extent and expense that it benefits the building and the tenants' enjoyment thereof with a degree of permanency. A "capital improvement," to qualify under this chapter as such, must have a useful life of at least five years.
- CONDO/CO-OP OWNER/OCCUPANT(S)
- Individuals who own and reside in a condo/co-op shall be considered bona fide condo/co-op owner/occupant(s), hereinafter referred to as "bona fide CCOO," if they meet the requirements established in § 155-35.[Added 1-22-2014 by Ord. No. Z-276]
- CONSUMER PRICE INDEX
- The "consumer price index" (all items base year 1967-100) for the region of the United States of which Hoboken is a part, published periodically by the United States Department of Labor, Bureau of Labor Statistics.
- Any building or structure or trailer or land used as a trailer park, rented or offered for rent to one or more tenants or family units.
- EQUITY IN REAL PROPERTY INVESTMENT
- The actual cash contribution of the purchaser at the time of closing of title and any principal payments to outstanding mortgages.
- FAIR RETURN
- The percentage of return of equity in real property investment. The amount of return shall be measured by the net income before depreciation. A "fair return" on the equity investment in real property shall be considered to be 6% above the maximum passbook demand deposit savings account interest rate available in the City of Hoboken. The six-percent figure is provided to reflect the higher risk and lesser liquidity of real property investment in comparison to savings account investments.
- HOUSING SPACE
- Includes that portion of a dwelling rented or offered for rent for living and dwelling purposes, with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the real property.
- JUST CAUSE FOR EVICTION
- The landlord recovered possession of a housing space or dwelling for one of the reasons outlined in New Jersey State law (N.J.S.A. 2A:18-53 as amended).
- LIVING AREA
- The amount of total rentable space applicable to any given housing space, measured either in terms of rooms or square footage.
- NEWLY CONSTRUCTED DWELLING
- A dwelling located in a building, which building is new in all respects; that is, from the ground up, and the exterior structure, the exterior and interior walls and all systems are new.
- NOT VACANT THROUGH UNLAWFUL MEANS
- The tenant has not vacated or been forced to vacate the dwelling involuntarily; that is, due to harassment, duress, wrongful acts or unreasonable pressure from the landlord or his agents. A legal eviction is not an involuntary vacation under this definition. A bona fide written release of the landlord by the tenant with respect to this issue shall be evidence of a voluntary vacancy which may be considered in determinations under this chapter.
- Any price for the use of a housing space. It includes any charge, no matter how set forth, paid by the tenant for the use of any service in connection with the housing space. Security deposits and charges for accessories, such as boats, mobile homes and automobiles not used in connection with the housing space, shall not be construed as "rent."
- RENT INCREASE, RENT DECREASE and RENT ADJUSTMENT
- The intent and policy of the governing body to interfere
in landlord-tenant relations and legitimate operation ownerships,
occupancy and development of real estate, only when necessary to protect
the public interest. "Rent increase," "rent decrease" and "rent adjustments"
shall consist in the first instances of the notice sent by the landlord
to the tenant, or by the tenant to the landlord, in letter or other
form, setting forth the proposed notice of "rent increase," "rent
decrease" or other "rent adjustment." Each notice shall set forth
in detail the reasons justifying or requiring such increase, decrease
or adjustment.[Amended 1-22-2014 by Ord. No. Z-276]
- The provision of light, heat, hot water, maintenance, painting, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
- SERVICE SURCHARGE
- Refers to an additional charge over and above the rental
due to new or additional services. Existing services may be subject
to a surcharge also, under extenuating circumstances as may be determined
by the Rent Leveling and Stabilization Board.[Amended 1-22-2014 by Ord. No. Z-276]
- SUBSTANTIAL COMPLIANCE
- The housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire hazards, as well as 90% qualitatively free of all other violations of the ordinances of the City of Hoboken and the Property Maintenance Code of the State of New Jersey, where applicable.
- The regulations that apply to the landlord and tenant under this chapter shall also apply, wherever appropriate, to the "tenant/subtenant" relationship and any other rental tenancy unless otherwise expressly excluded.
This chapter shall apply to all dwelling units as defined in § 155-1 above, except that the following shall be exempt:
Motels and hotels.
Newly constructed dwellings which are rented for the first time. After the first rental, such dwellings shall be exempt for this initial rent or lease agreement, but all subsequent rents shall be subject to the provisions of this chapter. In order to qualify for the exemption, the newly constructed dwelling must be registered by an applicant, on forms provided by the Rent Regulation Officer, with said Officer before the first rental for said dwelling.
Nonresidential and commercial property. If the dwelling has an apartment unit(s), plus a commercial unit(s), the apartment unit(s) is covered by this chapter, but the commercial unit(s) is exempt.
Housing provided for students by a school, college or similar institution which owns or controls that housing.
Housing owned and operated by other government agencies, such as the state or federal government.
A building completely vacant on or before and since January 1, 1984, provided that said building did not become vacant through unlawful means which can be attributed to the applicant for this exemption. In order to qualify for this exemption, the building vacant since January 1, 1984, must be registered by an applicant with the Rent Regulation Officer, on forms provided by said Officer, before the renting of dwelling units within the vacant building. After the first rental, such dwelling units shall be exempt from initial rent or lease agreement, but all subsequent rents shall be subject to the provisions of this chapter.
[Added 7-12-2000 by Ord. No. R-449; amended 9-6-2000 by Ord. No. R-455]
If a contract between a landlord and a governmental agency duly provides for that governmental agency to regulate the amount of rent received by that landlord, and if the authority of that governmental agency supersedes the authority of the City of Hoboken to regulate such rents, then the application of this chapter shall be preempted during the period of governmental agency regulation specified in the contract. Until such a contract begins, and immediately after the contract terminates, this chapter shall continue to regulate such rents. Upon termination of such a contract, the "base rent" for dwelling units under this section shall be the last rent level received by the landlord prior to the termination of the preemptive governmental agency regulation reduced by an amount equal to the sum of all applicable tax, water, sewer, capital improvement, and any other surcharges as defined by this chapter, and calculated by the Rent Regulation Officer under this chapter.