There is hereby created a Rent Leveling and Stabilization Board to administer this chapter under the direction and supervision of the Department of Administration of the City of Hoboken. The Board shall consist of seven members appointed by the Mayor with the consent of the Municipal Council. Said members of said Leveling and Stabilization Board shall serve during the term of the Mayor appointing them and shall serve without compensation but shall be allowed reasonable expenses. A quorum for hearing shall consist of at least four members (a majority) of the whole Board and shall be authorized to issue orders relating to the powers and functions of the Rent Leveling and Stabilization Board. Two alternate members shall also be appointed by the Mayor with the consent of the Council.
[Amended 3-2-2011 by Ord. No. Z-88]
The Rent Leveling and Stabilization Board shall have the right to exercise, in addition to other powers herein granted, all powers necessary and appropriate to carry out and execute the purpose of this entire chapter, including the right to the exercise of equitable authority to depart from the strict interpretation of the provisions of this chapter in instances where fairness requires equitable intervention. These powers of equity, however, do not permit the Rent Leveling and Stabilization Board to act in contravention to the purposes of this chapter nor in an arbitrary, capricious or unreasonable manner. Notwithstanding this general power of equity, the Rent Leveling and Stabilization Board shall also have the following powers:
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this chapter, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, provided that such rules are filed with the Municipal Clerk.
To supply information and assistance to landlords and tenants to help them comply with the provision of this chapter.
To hold hearings and adjudicate applications from landlord/tenants pursuant to this chapter.
Said Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination, with or without counsel. All determinations shall be in writing with copies to any parties of record.
Both landlord and tenant may appeal the findings of the Board to a court of competent jurisdiction according to law.
To issue subpoenas for the production of information which the Rent Control Board deems necessary and proper to determine the application.
To require the production of books, records, tax returns, balance sheets, profit and loss statements and such other records as the Board may require and deem necessary for its determination.
The following fees shall apply to all applications or other proceedings of the Rent Leveling and Stabilization Board and Rent Regulation Officer:
Capital improvement surcharge: $75.
Completely vacant and deteriorated buildings: $75.
Registration and reregistration of dwellings: $25 per building (§ 155-30).
[Amended 3-16-1994 by Ord. No. R-37]
Inspection and/or issuance of certificates of substantial compliance by the office of the Construction Officer (per apartment unit): $10.
Building vacant since January 1, 1984: $20.
Hardship increase application: $50.
Appeal from Rent Regulation Officer to Board: $20.
A single application may be filed for several apartments in the same building for which similar or substantially identical facts are involved. Fees shall be paid only by check or money order, payable to the City of Hoboken. No cash shall be accepted.
A violation of any provisions of this chapter, including but not limited to the filing with the Rent Leveling and Stabilization Board or Officer or any material misstatement of fact or determination by the Rent Control Board that a landlord has, by his wrongful actions of harassment or otherwise, caused dwelling unit to become vacant in order to have the unit become decontrolled pursuant to §§ 155-1, 155-16B and C and Article VII, the Rent Control Board shall rescind the decontrol, if the wrongful actions are attributable to the landlord, and the violator shall be subject to a fine not to exceed $3,000 per dwelling unit.
The Rent Regulation Officer is hereby granted and shall have the right to exercise, in addition to other powers herein granted, all powers set forth under § 155-19, except the power to promulgate rules and regulations.
All determinations made by the Rent Regulation Officer are appealable to the Board. The burden of said appeal is on the appellant who must demonstrate that the Officer's determination was in error or arbitrary, capricious and unreasonable. Said appeal must be filed with the Board within 20 days of the Rent Regulation Officer's decision.