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:
A.
The Rent Leveling Board may consider regulations as it deems necessary
to implement the purposes of this chapter. Any such regulations shall
be submitted for consideration to the Administration, under its management
and supervisory authority over the Board, and for legal review by
the Office of the Corporation Counsel prior to being presented for
a vote by the Board. In the event any such regulation is approved
by the Administration and the Office of the Corporation Counsel, such
regulation shall be properly promulgated if the Board chooses to act
upon it by a vote of the Board. If such an approved regulation passes
by majority vote of a quorum, it shall have the force of law.
[Amended 2-1-2023 by Ord. No. B-532]
B.
To supply information and assistance to landlords and tenants to
help them comply with the provision of this chapter.
C.
To hold hearings and adjudicate applications from landlord/tenants
pursuant to this chapter.
D.
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.
E.
Both landlord and tenant may appeal the findings of the Board to
a court of competent jurisdiction according to law.
F.
To issue subpoenas for the production of information which the Rent
Control Board deems necessary and proper to determine the application.
G.
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.
A.
The following fees shall apply to all applications or other proceedings
of the Rent Leveling and Stabilization Board and Rent Regulation Officer:
[Amended 12-21-1988 by Ord. No. P-27; 2-15-1989 by Ord. No. P-42; 3-16-1994 by Ord. No.
R-37; 10-19-2005 by Ord. No. DR-208; 2-1-2023 by Ord. No. B-532]
(1)
Capital improvement surcharge: $100.
(2)
Completely vacant and deteriorated buildings: $100.
[Amended 4-3-2023 by Ord. No. B-549]
(3)
(Reserved)
(5)
All rent-controlled properties must pay a $50 annual registration
fee; those properties with nine or fewer units will pay $10 additional
per unit, and properties with 10 or more units will pay $15 additional
per unit.
(6)
Inspection and/or issuance of certificates of substantial compliance
by the office of the Construction Officer (per apartment unit): $25.
(7)
Building vacant since January 1, 1984: $50.
(8)
Hardship increase application: $50.
(9)
Appeal from Rent Regulation Officer to Board: $50.
(10)
Vacancy decontrol filing: $50.
[Added 4-3-2023 by Ord. No. B-549]
B.
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.
[Amended 2-7-2024 by Ord. No. B-637]
A violation of any provisions of this Chapter 155 shall be punishable in accordance with N.J.S.A. 40:49-5, including but not limited to a fine not exceeding $2,000. Each dwelling unit shall constitute a separate and distinct violation. A separate and distinct violation shall be deemed to occur each time that rent or other payment is demanded and/or paid in violation of this chapter per each dwelling unit. Any person or entity convicted of violating this chapter within one year of the date of a previous violation of the same section of this chapter, and who was fined for the previous violation, shall be sentenced by the Hoboken Municipal Court to an additional fine as a repeat offender. The additional fine imposed by the Hoboken Municipal Court upon a person for a repeated offense shall not exceed the maximum fine fixed for a violation of this chapter but shall be calculated separately from the fine imposed for the violation of this chapter.
[Amended 2-7-2024 by Ord. No. B-637]
Alleged violations of this chapter shall be brought by the Rent
Regulation Officer to the Hoboken Municipal Court for adjudication.
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.
