[HISTORY: Adopted by the Township Council of the Township
of Verona 3-8-2021 by Ord. No. 2021-08.[1] Amendments noted where applicable.]
A.
Applicability. The terms of this article apply to individual residential
dwelling units within all buildings classified by the assessor as
Class 4A (Commercial Property), Class 4B (Industrial Property), and
4C (Apartments), rather than to an individual tenant occupying a dwelling
unit. An agreement for occupancy of the dwelling unit shall not circumvent
the application of this article by titling the agreement as other
than a lease, such as, but not limited to a "use and occupancy agreement."
B.
Exceptions. This article shall not apply to:
(1)
Dwelling units in buildings with less than four individual residential
dwelling units.
(2)
Dwelling units which are landlord-occupied or which are permanently
occupied by a member of the immediate family of the landlord of that
building, however said units are still subject to comply with the
registration requirements of this article.
(3)
Dwelling units for which the amount of rent is determined as a function
of household income by a government program.
(4)
Motels, hotels and similar-type buildings intended for transient
use; floor space used strictly for commercial purposes in any type
building, including state-licensed rooming houses.
(5)
Dwelling units rented for the first time after the adoption of this
article are exempt, and the initial rent may be determined by the
landlord, but all subsequent rents shall be subject to the provisions
of this article.
(6)
Dwelling units exempted by state or federal law.
C.
Establishment of base rent.
(1)
For all dwelling units previously subject to rent control, base rent
shall be the rent charged as of the effective date of this article.
(2)
For all dwelling units subject to rent control for the first time
after the adoption of this article, base rent shall be the rents established
by landlords and tenants on June 1 following the effective date of
this article.
(3)
Any subsequent permitted increase which by its terms becomes part
of the base rent, shall represent the base rent from which permitted
increases are calculated.
D.
Tenure of rent control. This article shall be reviewed by the governing
body after 10 years to determine whether rent control legislation
should be continued, modified or repealed.
As used in this article, the following terms shall have the
meanings indicated:
The amount charged for the dwelling unit rented, and any
related services and equipment involved, whether such includes the
use of the basement, parking space(s), garage, clotheslines, washing
utilities, heat, hot water, garbage removal, repairs, maintenance
and the like, and the base rent and charge(s) included in the tenant's
lease/rental agreement.
The Rent Control Board.
Any building or structure, or part thereof, used for human
habitation, use, or occupancy and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
That the dwelling and dwelling unit are free from all heat,
hot water, elevator and all health, safety and fire code violations
as well as free of all other violations of the article, the Property
Maintenance Code and other applicable federal, state, county or local
laws or regulations.
The consumer price index (all items, base year 1967 = 100)
for wage earners and clerical workers (CPI-W) for the region of the
United States of which the Township is a part, published periodically
by the United States Department of Labor, Bureau of Labor Statistics.
Any building or structure or part thereof containing one
or more dwelling units.[1]
Any room or group of rooms or any part thereof located within
a [dwelling] and forming a single habitable unit with facilities which
are used, or designated to be used for living, sleeping, cooking and
eating.[2]
That the landlord recovered possession of a dwelling or dwelling
unit for one of the reasons and in accord with the procedures set
forth in N.J.S.A. 2A:18-61.1, as amended. Removal of a tenant due
to a change in ownership is not permissible unless said removal is
done in accordance with N.J.S.A. 2A:18-61.1.
The person(s) who owns or purports to own any building, structure
or complex of buildings or structures in which there is rented or
offered for rent dwelling units for living or dwelling purposes under
either a written or an oral lease.
The amount of total rentable space applicable to any given
dwelling unit, measured either in terms of rooms or square footage.
Maintenance costs include real estate taxes, utility expenses,
expenses for repairs, upkeep and maintenance respecting a dwelling
unit, but shall not include principal or interest payments on any
blanket encumbrance or other mortgage or encumbrance.
A permanent improvement that is reasonably expected to last
more than three years. The improvement must benefit the dwelling and
must be subject to an allowance for depreciation under federal income
tax provisions, but the Rent Control Board, taking all factors into
consideration, will make the ultimate determination. Capital improvements
shall include but not be limited to new construction relating to the
dwelling, new bath fixtures, kitchen cabinets, kitchen fixtures, air-conditioning
installation, heating system installation, electrical rewiring, electrical
outlets, and replacement of doors, windows or other fixtures. Incidental
repairs which are defined as expenditures that keep property in an
ordinarily efficient operating condition and do not add to its value
or appreciably prolong its useful life shall not be deemed capital
improvements under this article.
The annual maintenance costs divided by 12.
The notice forwarded by the landlord to the tenant, or by
the tenant to the landlord, by letter or in any other form, setting
forth the proposed amount of rent increase, rent decrease or other
rent adjustment. Each such notice shall state in detail the reasons
justifying or requiring the rent increase, rent decrease or other
rent adjustment. Each notice shall also include a notice on how to
file an appeal of said increase, decrease or adjustment with the Rent
Control Board.
The Rent Control Board Secretary.
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 dwelling unit.
A.
Established. A Rent Control Board (the "Board") is established in
the Township of Verona.
B.
Composition; terms.
(1)
The Board shall consist of five members who shall be appointed by
the Township Council. For reasons of continuity and in the best interests
of the public, the terms of the first members appointed pursuant to
this subsection shall be staggered terms of one-, two-, three-, and
four-year term appointments, with two members receiving four-year
terms. Thereafter the term of office of the members of the Board shall
be for four years each.
(2)
Members of the Board shall serve without compensation.
C.
Disqualification of member. No member of the Rent Control Board shall
be permitted to act on any matter in which that individual has, either
directly or indirectly, any personal or financial interest.
D.
Powers of Board. The Rent Control Board is hereby granted and shall
have and exercise all the powers necessary and appropriate to carry
out and execute the purposes of this article, including, but not limited
to, the following:
(1)
To issue and promulgate such rules and regulations as it deems necessary
to implement the purpose of this article, including, but not limited
to, the use of subpoenas, which rules and regulations shall have the
force of law until revised, repealed or amended, providing that such
rules are filed with the Township Clerk.
(2)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this article.
(3)
To hold hearings and adjudicate applications from landlords for rent
increases or adjustments, as herein provided.
(4)
To hold hearings and adjudicate applications from tenants for rent
adjustments or reductions, as herein provided.
(5)
To hear and adjudicate appeals from determinations of the Rent Control
Administrator.
(6)
To approve and accept a settlement or other agreement on the subject
matter of a dispute between a landlord and tenant.
(7)
To require a landlord to produce for examination his/her books, records,
tax returns, balance sheets, profit and loss statements and such other
records as the Board may require in connection with any application,
hearing, proceeding or purpose, as set forth herein.
(8)
The Rent Control Board, upon an application by a landlord or tenant
or upon its own motion, may set a date for a hearing, consider proofs
and grant, deny, modify or otherwise adjust all rentals, by increasing
or decreasing same, and the Board may make such determinations as
to conditions, services, equipment, terms and related matters pertaining
to rentals and controlled premises as may be warranted within the
intent and purview of this article and applicable state laws.
E.
Quorums. A quorum for hearing shall consist of three members and
a majority of those present shall be authorized to issue orders pursuant
to and consistent with the powers and functions of the Board.
F.
Reporting. The Board shall provide a quarterly report to the Township
Council summarizing all actions, determinations, and investigations
undertaken during the previous quarter.
A.
Rent Control Administrator; duties.
(1)
Position created. There is hereby created the position of Rent Control
Administrator, to be appointed by the Manager.
(2)
Duties. The duties of the Rent Control Administrator shall be as
follows:
(a)
To obtain, keep and maintain all relevant records and other
data and information.
(b)
To supply information and assistance to landlords and tenants
and to bring together tenants and landlords in formal conferences
and suggest resolutions of conflicts between them in order to assist
them in complying with the provisions of this article.
(c)
To ensure compliance by the landlord and tenants with the provisions
of this article.
(d)
To remedy violations of this article by ordering rebates and
increases and bring appropriate legal charges as provided by this
article.
(e)
To accept, process, investigate and determine complaints from
tenants of illegal rental increases.
(f)
To accept, process, review and investigate applications from
landlords for rental increases or surcharges under the hardship increase
or capital improvement recovery sections of this article.
(g)
To coordinate and supervise all staff associated with the operation
of this article.
(h)
To attend all meetings of the Rent Control Board.
(i)
To perform such other duties as the Rent Control Board may specifically
direct and as allowed by this article.
(3)
Determination. Any determination of the Rent Control Administrator
under this section or such duties as may be delegated to him/her by
the Rent Control Board, by regulation, will be rendered by the officer,
in writing.
(4)
Appeal.
(a)
Any person aggrieved by a determination of the Rent Control
Administrator may appeal to the Rent Control Board, which may sustain,
vacate, modify or reverse said determination. An appeal shall be filed
no later than 30 calendar days after the date that the determination
is issued. The appeal shall be in the form detailed herein, and shall
be accompanied by the fee as set forth in this article.
(b)
Upon receipt of the appeal setting forth in detail the grounds
for the appeal and the required fee, the matter shall be placed upon
the Rent Control Board agenda at the earliest convenient date for
determination. During the pendency of the appeal, the rent for the
subject dwelling unit shall be the rent as established by the Rent
Control Administrator.
B.
Board Secretary, appointment.
(1)
Position created. There is hereby created the position of Board Secretary
to the Rent Control Board, to be appointed by the Manager.
C.
Board Attorney, appointment.
(1)
Position created. There is hereby created the position of Rent Control
Board Attorney, to be appointed by the Council for a one-year term
under such form of retainer agreement as the Council may approve.
Candidates for Rent Control Board Attorney shall be recommended to
the Township Council by the Township Attorney.
(2)
Duties. The duties of the Rent Control Board Attorney shall be as
follows:
(a)
Shall advise the Rent Control Board on interpretation of all
aspects of this article.
(b)
Shall advise the Rent Control Board in order to ensure that
a full, fair and balanced record of the rent control hearings shall
be made and that all competent evidence shall be presented and tested
as to its relevancy, competency, materiality and credibility, so that
the Council and any appellate tribunal will have the benefit of a
fully developed record of the proceedings.
(c)
Shall attend all meetings of the Rent Control Board.
A.
Retention of professional services. In the event the Rent Control
Board determines that a landlord or tenant's application for relief
contains calculations of a complex nature, then the Board, in the
interest of fairness and efficiency, may determine that the services
of professional experts are required to assist the Board in evaluating
and processing the application.
B.
Estimate of fee. Should the Board determine that professional assistance
is required, then the Board shall forthwith send a copy of the application
and supporting documents to any professional expert retained to assist
the Board in evaluating and processing the application. Within five
days of receipt thereof, the professional expert shall submit to the
Board and to the applicant an estimate of funds necessary to undertake
the professional services to be rendered.
C.
Escrow funds. The applicant shall forthwith deposit such funds in
an escrow account maintained by the Township. The professional expert
shall submit vouchers for all reasonable and necessary fees for the
professional services rendered, which fees shall be paid from the
escrow account in the manner prescribed by N.J.S.A. 40A:5-16 through
40A:5-18 and the ordinances of the Township. The professional expert,
at the time of submission of any such voucher, shall forward a copy
of same to the applicant.
D.
Appeal of fee. In the event that the applicant questions the reasonableness
of any such voucher, the applicant may make written protest of such
voucher to the Board. In no event shall the Board authorize the payment
of any voucher submitted pursuant to this section sooner than 10 days
after its submission. Any of the aforesaid moneys which are left in
the escrow account upon completion of the application shall be returned
to the applicant after the Board reaches its decision. Should additional
funds be required after the original funds are exhausted, such funds
as shall be necessary in the judgment of the Board shall be paid by
the applicant to the Township and placed in the escrow account.
E.
Action upon application. The Board shall take no formal action on
any application unless and until all escrow funds have been deposited
with the Township, and any time limitations set forth in this article
shall be extended until all such escrow funds are deposited with the
Township.
A.
Rent control established. All dwelling units, unless otherwise specifically
exempted, shall be subject to the provisions of this article. Any
and all increases not in accordance with the provisions of this article
are void and shall be refunded or credited to the tenant.
B.
Annual increases for covered dwelling units.
(1)
The maximum permissible annual rent increase is 3.0%, or the percentage
difference between the consumer price index three months prior to
the expiration or termination of the lease and three months prior
to the commencement of the lease term, whichever is greater.
(2)
Exception for qualified senior or disabled tenants. For dwelling
units in which at least one tenant is at least 62 years of age or
is receiving social security disability benefits, the maximum annual
permissible rent increase shall be equal to 3.0%, or the percentage
difference between the consumer price index three months prior to
the expiration or termination of the lease and three months prior
to the commencement of the lease term, whichever is less.
[Amended 9-20-2021 by Ord. No. 2021-25]
(3)
The first annual rent increase after the adoption of this article
shall occur no sooner than 12 months after the last rental increase
permitted by ordinance.
C.
Hardship increase. This subsection applies where the annual operating
expenses for any one building exceed at least 75% of the total annual
gross income. Operating expenses shall include all reasonable expenses
necessary to carry out the proper operation and maintenance of the
property, including common area utilities and property taxes allocated
to the year. Operating expenses shall exclude mortgage amortization,
mortgage interest, interest or costs of financing, attorney's, expert's
or engineer's fees related to the filing of hardship or capital improvement
applications, depreciation or expenditures for capital improvements.
In reviewing operating expenses, the Board shall consider normal and
recurring expenses and may make adjustments for extraordinarily high
or low operating expenses in any given year. Annual gross income shall
include all income realized in connection with the operation of the
premises, including rentals from all residential dwelling units and
commercial units, as well as fees collected for parking, rental from
machines, concessions and garages or other services. This figure becomes
the new base rent and may be increased by 10% after the first year.
(1)
In considering a hardship application, the Board shall give due consideration
to any and all relevant factors, including, but not limited to, the
following:
(2)
An applicant for hardship relief shall submit to the Board 10 copies
of the following:
(a)
A statement for three prior twelve-month periods of gross rentals
and actual expenses incurred for that time in connection with the
operation of the building, to be adjusted to reflect the actual period
of time the applicant has owned the building if owned for less than
three years.
(b)
A list of all present owners of the property.
(3)
The Board's decision shall become effective after full 30 days' statutory
notice to tenants.
(4)
The Board shall promulgate rules, regulations and necessary forms
to be utilized, notice to tenants of hardship applications and notice
to tenants and landlords regarding hearings and general procedure.
Those rules and regulations shall have the force of the law and shall
be filed with the Township Clerk.
(5)
With the filing of a hardship increase application, the landlord
shall simultaneously deliver notice thereof to each affected tenant.
At a minimum, a landlord seeking a hardship increase shall notify
tenants, in writing, by regular and certified mail, return receipt
requested, and provide tenants with a summary of the application and
state the increase sought. Any tenant who receives such notice shall
have 30 days to file any written comments with the Board regarding
the application.
(6)
Within 30 days of receipt of a complete application, the Board shall
notify the landlord, in writing, of the time and place for the hearing.
The hearing shall be held not more than 90 days nor less than 30 days
from the date of receipt of a complete application. The landlord shall
immediately, upon receipt of such notification of hearing, serve such
notice upon each affected tenant. The landlord shall serve notice
of the hearing date to the tenant by regular and certified mail, return
receipt requested, at least 20 days in advance of the hearing. Prior
to any hearing on such application, the landlord shall present the
Board with proof of service of notice to each affected tenant.
(7)
No hardship application shall be considered or granted by the Board
for a period of time more than one year after the expiration of applicant's
last tax reporting year.
(8)
The Board shall render a decision on a hardship application within
45 days of the conclusion of the hearing before the Board. Failure
of the Board to render its decision within the time period, absent
consent of the landlord, shall result in the application being deemed
granted.
(9)
A hardship increase shall become part of the base rent.
D.
Major capital improvement or additional services surcharge.
(1)
Application; notice.
(a)
A landlord may apply for a major capital improvement surcharge
or for a surcharge for major additional services not formerly provided
to the tenants of dwelling units in the affected dwelling. The landlord
shall make written application to the Board upon forms adopted by
the Board for these purposes. Simultaneously with filing of a major
capital improvement application, the landlord shall serve notice upon
each affected tenant. The landlord shall submit with its application
a letter of code compliance from the appropriate Township department.
(b)
The Board shall promulgate rules, regulations, forms to be utilized
and notice procedures to the tenant. At a minimum, a landlord seeking
a major capital improvement surcharge shall notify tenants, in writing,
by certified mail and provide tenants with a summary of the application
and state the increase sought.
(2)
Nature and cost of improvement. A landlord shall submit a detailed
contract or proposal and proof of payment as to each improvement.
(3)
Amortization of cost. The cost for a major capital improvement shall
be amortized over the useful life of such capital improvement as determined
by the Rent Control Board and the Rent Control Board's accountant.
(4)
Notice of hearing. Within 30 days from receipt of all required application
forms, the Board shall notify the landlord, in writing, of the time
and place of the hearing. The landlord shall immediately, upon receipt
of such notification of hearing, serve notice thereof upon each affected
tenant. Prior to any hearing on this application, the landlord shall
present the Board with proof of service of notice of the hearing upon
each affected tenant.
(5)
Time for application. No major capital improvement application shall
be considered or granted by the Board for work completed more than
one year before the date of filing of a request for a letter of code
compliance from the appropriate Township department.
(6)
Finding of improvement; apportionment of surcharge. Upon determination that the proposed improvement is a major capital improvement or that the proposed service is a major additional service not formerly provided to the affected tenant or tenants, the Board may grant a surcharge based upon the cost of the major capital improvement or major additional service. These costs shall include reasonable interest thereon. Any surcharge granted by the Board shall be fairly apportioned among the affected dwelling units based on the size of the dwelling units and the benefit of the improvement to each dwelling unit. If any such surcharge is granted, it shall not be considered a part of base rent and shall not be included in calculating the annual rent increases allowable under § 402-21. A surcharge for a major capital improvement shall expire at such time as the cost of the capital improvement plus reasonable interest have been covered by the surcharge, which shall be determined by the Board as part of its decision. A surcharge for additional services shall remain in effect as long as the services are provided.
(7)
Notice of decision. The Board shall notify the landlord, in writing,
of its determination under this subsection, and the landlord shall
forthwith deliver a copy of the determination by certified mail to
each affected tenant, to become effective upon thirty-day notice.
(8)
Protected tenancy status.
(a)
No major capital improvement surcharge shall be imposed upon
any tenant who has been granted protected tenant status pursuant to
N.J.S.A. 2A:18-61.22 or 2A:18-61.40.
(b)
Any major capital improvement surcharge awarded within two years
prior to the date of notice to the municipal administrative officer
required by N.J.S.A. 2A:18-61.27 or 2A:18-40 shall immediately become
null and void upon the grant of protected tenancy status. The protected
tenant's rent shall be recalculated and reduced accordingly; however,
no rebate of a previously paid surcharge shall be granted.
(9)
Compliance with codes. Permits, as required by law, are to be secured
from all agencies having control and jurisdiction for alterations,
repairs, replacements, extensions and new buildings. All work done
shall adhere to appropriate code standards and shall be inspected
by any agency having control and jurisdiction, and their approval
obtained. Copies of such permits shall accompany the capital improvement
application.
E.
In the event that a tax appeal is taken by the landlord and the landlord
is successful in the appeal and the taxes reduced, the tenant(s) shall
receive 100% of the reduction as applied to its (their) proportionate
share of the taxes, after deducting all reasonable expenses incurred
by the landlord in prosecuting the appeal.
F.
Maximum annual increase. The maximum annual increase from all sources listed under this § 402-21, Permitted increases, shall not exceed 15% unless an efficient landlord cannot meet operation expenses or make a fair return on his/her investment. A tenant shall not receive an aggregate increase from all sources of more than 15% in any twelve-month period.
G.
Compliance with housing and building codes. Any landlord seeking
an increase under this section must file, with its application, a
letter from the appropriate Township department that the building
and grounds are in code compliance with building and housing codes
and regulations. No increase shall be permitted if the building or
grounds are not in compliance with said codes and regulations.
A.
Notwithstanding any limitations on permissible rent increases under
any other provisions of this article, upon the voluntary uncoerced
vacation of any apartment, rent increases for which are controlled
in this article, the landlord shall have the right to fix the rent
for such vacated apartment at such sums deemed appropriate, subject
to the following:
(1)
In order to qualify for a vacancy decontrol rent increase, the landlord
shall first be required to file with the Rent Control Administrator
a notarized written statement, on a form approved by the Board, countersigned
by the vacating tenant certifying that the landlord has not, in any
way, harassed or pressured the tenant into vacating the dwelling unit
and that the vacating of such dwelling unit was a voluntary act on
the part of the tenant.
(2)
Such statement shall also include the rent paid by the vacating tenant
and the date the tenant will be vacating the dwelling unit. For the
purposes of this section, a vacation caused or necessitated by substandard,
unsafe or unsanitary conditions shall not be deemed a voluntary vacation.
Such noncoercion certification shall not be required in order for
the landlord to qualify for the vacancy decontrol increase if:
(a)
The increase does not exceed the total of all permissible increases
authorized by any other provisions of this article;
(b)
The tenant has moved from the dwelling unit without notice to
the landlord;
(c)
The dwelling unit has been vacated pursuant to a judicially
mandated eviction;
(d)
The tenant has refused to sign such certification, and upon
appeal by the landlord the Rent Control Board has found that such
refusal was unwarranted and that there was in fact no coercion exerted
by the landlord upon the vacating tenant.
B.
A hearing pursuant to Subsection A(2)(d) above shall be held before the Rent Control Board upon at least seven days' notice to the public and the vacating tenant. Notice to the public shall be published in the form designed by the Board in the official newspaper of the Township by the landlord. The landlord shall present the Board with proof of publication.
A.
Registration information; fee.
(1)
Every landlord of a building applicable to this article shall be
required to file with the Rent Control Administrator a statement showing
the amount of rent charged for each dwelling unit as of June 1, 2021,
and as of June 1 in each succeeding year referred to in this article
as rent rolls. Such statement shall be filed by July 1 in each year.
The annual statement shall be filed on the approved form provided
by the Rent Control Administrator. In the event a landlord fails to
file the completed rent statement within 15 days of receiving written
notice sent by the Rent Control Administrator via certified mail,
return receipt requested, notifying the landlord of its failure to
file, which shall result in a mandatory fine of $250 per dwelling
unit, be prohibited from increasing any dwelling unit rental for a
period of 12 months and continue to be prohibited from increasing
any dwelling unit rental until a valid registration statement is on
file.
(2)
Within 30 calendar days of a change in tenancy, the landlord of a
building applicable to this article shall be required to file with
the Rent Control Administrator a statement showing the amount of rentals
charged to the previous tenant and the amount of rent charged to the
new tenant. Failure of the landlord to file shall result in a mandatory
fine of $250 per violation.
(3)
In those instances where the tenant of a dwelling unit is the building
landlord or a member of the immediate family of the landlord of that
building, the landlord of the dwelling unit must similarly file a
statement certifying that the unit is so landlord-occupied or is permanently
occupied by a member of the immediate family of the landlord of that
building.
B.
Registration statement: contents. A registration statement shall
include at least the following:
(1)
The name of each tenant and the apartment number.
(2)
The previous rent of each apartment.
(3)
The current rent for each apartment.
(4)
The amount of the last increase for each apartment.
(5)
The date of the last increase for each apartment.
(6)
If applicable, the services provided to the building.
(7)
If applicable, the superintendent's name, home address and telephone
number (during regular hours and after hours contact required).
C.
In the event a landlord or a prior property owner for the same property
has not filed an annual registration statement the Board, upon any
review of that determination, shall be permitted to disallow any increase
for that year that the landlord or prior landlord failed to file a
rent registration statement.
A.
Opportunity to be heard. All interested persons shall be given the
opportunity to be heard, with or without counsel, except that the
Board, in its discretion, may limit repetitious testimony or ask that
a spokesperson for the tenants be appointed.
B.
The Rent Control Administrator shall advise the appealing party of
the date of the initial hearing on an appeal of his or her determination.
The appealing party shall serve notice of the hearing date to the
nonappealing party by regular and certified mail, return receipt requested,
at least 20 days in advance of the hearing.
C.
Oral decision by Board. In the event the Board renders its decision
orally, immediately following the hearing, the landlord shall notify
the tenants of the Board's decision if that decision affects the rent
or term of any tenancy. The notice shall be by regular and certified
mail, return receipt requested. Within 30 days thereof, the landlord
shall provide the Board with a copy of any notice served upon any
tenant. The Rent Control Board shall not be required to render its
decision in writing unless requested to by the landlord within 30
days of the hearing.
D.
Reserved decision. In the event the Board reserves decision, the
Board shall render a written decision within 45 days of the hearing
unless the Board, in its discretion, determines that an additional
hearing is necessary.
E.
Additional hearings. If an additional hearing is necessary, the Board
shall so notify the landlord within 20 days of the initial hearing.
A copy of the notice of hearing shall be posted conspicuously in the
lobby of the building. The landlord shall serve notice of the hearing
date to the tenant, by regular and certified mail, return receipt
requested, at least 20 days in advance of the hearing.
All decisions of the Board are final. Any landlord or tenant
wishing to appeal the decisions of the Board may do so to a court
of competent jurisdiction according to law pursuant to its rules and
procedures.
A.
Continuation of services. During the term of this article, the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings and equipment in the building, dwelling or dwelling unit
as required under the lease or otherwise mandated by law.
B.
Decline in services. When services, care or maintenance, or when
the standards of service, maintenance, furniture, furnishings and
equipment in the building, dwelling or dwelling unit, are not substantially
maintained as specified above, any tenant may apply to the Board for
a decrease in rent. A copy of such application shall be served upon
the landlord setting forth, in detail, the reasons for the application.
C.
Applicability to parking spaces. The provisions of this section shall
also apply to any on-site parking or garage space occupied by the
tenant in conjunction with rental and occupancy of dwelling unit.
If it is determined, after a hearing of the Board, as described in
this article, that the parking was a previously provided service,
then the rent shall be decreased by 25% of the current monthly rent.
D.
Hearing notice procedure. Upon receipt of the application by the
Rent Control Administrator, the Rent Control Administrator shall schedule
a hearing on the application and shall notify both landlord and tenant
of the date, time and place of the hearing.
E.
Maintenance of services. During a tenant's occupancy of a dwelling
unit in which the landlord provides utilities to the dwelling units
of the building, the landlord will be prohibited from constructing
a separate apartment unit meter and billing for any utility service
previously provided by the landlord as part of the services to the
building, including but not limited to heat, hot water, water and
sewerage.
A.
Harassment; reduction of services prohibited. Any tenants desiring
to remain in their dwelling units may do so without provocation or
retaliation from landlords. For the purposes of this section, harassment
of tenants shall mean conduct, whether direct or indirect, committed
intentionally or negligently by a landlord, or anyone acting on his/her
behalf. These actions include, but are not limited to:
(1)
A reduction in the quality of basic services necessary to the health,
safety and welfare of the tenants.
(2)
Heat and hot water.
(3)
Adequate security.
(4)
Intermittent failures.
(5)
Bothersome telephone calls or letters.
(6)
Frivolous eviction threats or legal proceedings.
(7)
Actions which would cause a reasonable person of like age and physical
condition of a tenant to fear for his/her life, limb, property or
home.
B.
Investigation/prosecution of harassment complaints. The Township
shall refer complaints involving harassment filed by either tenants
or landlords to the proper authorities qualified to investigate and
prosecute said complaints.
A.
Compliance required prior to granting increase.
(1)
Any landlord who seeks a hardship or major capital improvement increase under § 402-21 shall file with an application a certification from the office of the appropriate Township department to the effect that the building and grounds are in substantial compliance with Township building and housing codes, which certification shall be based on an application made by the landlord to the appropriate Township department not more than one month before the filing of his/her application with the Board. No such increase may be granted until such certification had been filed and, if a tenant contests the accuracy of such certification, until the Board has determined that there is substantial compliance.
(2)
The Board shall deny the application until there has been such compliance.
Personal service or service by certified mail that is either
refused or uncalled for may be re-mailed by ordinary mail and shall
be effective as though personal service or notice by certified mail
had been accepted.
This article shall be enforced by the Rent Control Board, the
Rent Control Administrator, the Township Construction Code Official
or any other appropriate designee of the Township designated by the
Township Manager.
