As used in this chapter, the following terms shall have the
meanings indicated:
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.
The legal rent charged or actually received by the landlord
for the rental of housing space on October 1, 1985, or if not occupied
at that date, the "base rent" shall be the first rent after October
1, 1985, actually charged to and received from a tenant.
[Amended 7-12-2000 by Ord. No. R-449; 1-22-2014 by Ord. No. Z-276; 2-1-2023 by Ord. No. B-532]
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.
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]
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.
The actual cash contribution of the purchaser at the time
of closing of title and any principal payments to outstanding mortgages.
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.
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.
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).
Rent permitted to be charged under the Rent Control Ordinance.
The legal rent shall be the base rent plus any permissible increases
allowed under this chapter that accumulate over time. Any dispute
as to the legal rent of a particular apartment unit is to be determined
by the Rent Regulation Officer, subject to an appeal to the Rent Leveling
and Stabilization Board.
[Added 2-1-2023 by Ord.
No. B-532]
The amount of total rentable space applicable to any given
housing space, measured either in terms of rooms or square footage.
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.
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.
The statement filed by the landlord pursuant to § 155-30.
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."
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.
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]
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:
A.Â
Motels and hotels.
B.Â
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.
C.Â
Industrial property.
D.Â
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.
E.Â
Housing provided for students by a school, college or similar institution
which owns or controls that housing.
F.Â
Housing owned and operated by other government agencies, such as
the state or federal government.
G.Â
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.
H.Â
[1]In accordance with N.J.S.A. 2A:42-84.1 et seq., the provisions of this chapter shall not apply to multiple dwellings, as defined in the statute, constructed after June 25, 1987, for a period not to exceed the period of amortization of any initial mortgage loan obtained for the multiple dwelling or for 30 years following completion of construction, whichever is less. In the event that there is no initial mortgage financing, the period of exemption from this chapter shall be 30 years. This exemption only applies where a landlord complied with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including but not limited to notice to the Construction Code Official at least 30 days before a certificate of occupancy is issued and notification to tenants by way of a provision in their lease. The owner shall, at least 30 days prior to the expiration of the exemption period as per N.J.S.A. 2A:42-84.1, file with the Rent Leveling and Stabilization Office a notice of expiration of the exemption period for the multiple dwelling. The owner must then register the property as per § 155-30, and the property shall be subject to the rent leveling and stabilization provisions of this chapter. The last rental amount charged prior to the expiration of the exemption period shall be established as the base rent. Any dispute as to the exemption status of the property under this section shall be determined by the Rent Regulation Officer, subject to an appeal to the Rent Leveling and Stabilization Board.
[Added 2-1-2023 by Ord.
No. B-532]
[1]
Editor's Note: Former Subsection H, Limitation of applicability,
added 12-21-1988 by Ord. No. P-27, was repealed 2-15-1989 by Ord.
No. P-42.
[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.
