[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 5-14-73 as Ord. No. 73-174.1; Added 12-10-79 by Ord. No. 79-201, entire ordinance amended 9-28-82 by Ord.
No. 82-474]
[Amended 4/4/05 by Ord. No. 05-05]
As used in this Chapter, the following terms shall have the
meanings indicated:
A.
DWELLING — Includes any building or structure rented or offered
for rent to one (1) or more tenants or family units. Exempt from this
chapter are motels, hotels, and similar type buildings and buildings
in which up to one-third (1/3) of the occupied floor space is commercial.
Single and two-and-three-family units, as well as multi-family units
are included. Housing units newly constructed or rented for the first
time are exempted and the initial rent may be determined by the landlord.
All subsequent rents will be subject to provisions of this chapter.
B.
AVAILABLE FOR RENT TO TENANTS — Fit for habitation as defined
by the statutes, codes and ordinances in full force and effect in
the State of New Jersey, County of Middlesex, and Township of East
Brunswick, whether occupied or unoccupied and actually offered for
rent to prospective tenants.
C.
CONSUMER PRICE INDEX — The Consumer Price Index for All Items
for New York/Northeast New Jersey for All Urban Consumers, as published
by the Bureau of Labor Statistics.
[Amended 4-4-05 by Ord. No. 05-05]
D.
HARDSHIP — A situation wherein a landlord's net operating income shall have decreased below a just and fair rate of return. A Just and Fair Rate of Return Formula is set forth in Section 169-17 of this Ordinance.
E.
GROSS RENTAL INCOME — The Total Rental Income derived by the
landlord from the rental of all rental units, which shall also include,
but not be limited to rents, garage rentals, commissions, vending
machines, laundromats, etc.
F.
NET OPERATING INCOME — The difference between the gross rental
income and the necessary and reasonable operating expenses.
G.
OPERATING EXPENSES — Expenses incurred during the period which
were necessary for the efficient operation of a residential rental
property. The Rent Leveling Board will review these expenses to determine
the reasonableness under the circumstances. Debt service costs, depreciation
and amortization are excluded from necessary and reasonable operating
expenses.
H.
CAPITAL IMPROVEMENTS ELIGIBLE FOR SURCHARGE — An improvement,
addition or alteration of housing space, plant or equipment, not previously
provided the affected dwelling, other than a repair, reconstruction,
rehabilitation or replacement of the housing space, plant or equipment
to its original condition, whether or not mandated by law. The expenditure
must be subject to an allowance for depreciation under federal income
tax provisions of more than one year, or accelerated cost recovery
system.
I.
CONSUMER PRICE INDEX ENERGY ADJUSTMENT — A surcharge which
has been obtained by a landlord from a tenant based upon an increase
in energy costs prior to the effective date of this Ordinance. Henceforth,
there shall be no Consumer Price Index Energy Adjustments for increases
in energy costs.
J.
SURCHARGES — Charges in addition to base rent, as specified
by this chapter, payable by the tenant to the landlord. Surcharges
are not to be considered part of the base rent when calculating percentage
increases based on the Consumer Price index.
K.
BASE RENT — The rent paid upon initial occupancy plus any percentage
increases based on the Consumer Price Index as specified in this chapter.
L.
SERVICE OF NOTICE — Wherever a landlord is required to serve
a notice pursuant to this ordinance, service may be made either by
certified mail, return receipt requested, or by personal service upon
an individual 14 years of age or older who resides at the subject
premises.
M.
MULTIPLE DWELLING — Means any building or structure containing
four or more dwelling units, other than dwellings constructed for
occupancy by senior citizens and/or the disabled, rented or offered
for rent to 4 or more tenants or family units.
[Added 4-11-88 by Ord. No. 88-922]
[Amended 9-12-83 by Ord. No. 83-528; 4-4-05 by Ord. No. 05-05]
There is hereby created a Rent Leveling Board within the Township
of East Brunswick. The Board shall consist of seven (7) members, all
of whom shall be appointed by the Mayor with the advice and consent
of the Township Council. The membership of the Board shall consist
of two (2) landlords owning property in the Township of East Brunswick
or their representatives, two (2) tenants residing in the Township
of East Brunswick, and three (3) persons owning and occupying their
homes in the Township of East Brunswick. There shall also be three
(3) alternate members, one of whom shall be a landlord, one of whom
shall be a tenant and one of whom shall be a homeowner as defined
above. The Mayor shall designate one of the homeowners to serve as
chairperson of the Board.
The alternate members of the Board are required to attend all
meetings. In the event a regular member does not attend a meeting,
the alternate member for that category shall have all of the powers
of a regular member for that meeting. Attendance by five (5) members
or alternates shall constitute a quorum. Passage of any motion requires
an affirmative vote by a majority of members present. Not more than
one tenant member shall reside in property owned by one of the landlord
members, unless no other tenants have indicated a willingness to serve,
in which case more than one such tenant may be appointed to the Board.
The initial terms of office of the Board members shall be one (1),
two (2) or three (3) years to be designated by the Mayor in making
the appointment. The appointments shall be made in such a manner so
that the terms of approximately one-third (1/3) of the members shall
expire each year.
The Mayor may remove any members of the Board for cause on written
charges served upon the members and after a hearing thereon, at which
time the members shall be entitled to be heard either in person or
by Counsel. A vacancy on the Board occurring otherwise than by expiration
of the term, shall be filled for the unexpired term in the same manner
as an original appointment.
The Rent Leveling Board is hereby granted and shall have and
exercise, in addition to other powers herein granted, all the powers
necessary and appropriate to carry out and execute the purposes of
this Ordinance, including but not limited to the following:
A.
To prepare and forward to the Township Council of the Township of
East Brunswick such rules and regulations as it determines necessary
to implement the purposes of this Ordinance. Said rules and regulations,
however, shall not have the force and effect of law until they are
adopted by ordinance according to law, by the Township Council of
the Township of East Brunswick.
B.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this Ordinance.
C.
To hold hearings and adjudicate applications from landlords for an
increase in rental as hereinafter provided.
D.
To hold hearings or adjudicate applications from tenants for a reduction
in rental as hereinafter provided.
The Rent Leveling Board shall give ten (10) days written notice
of hearing to both the tenant and the landlord.
[Added 4-4-05 by Ord. No. 05-05]
There shall be no official meeting dates. The Rent Leveling
Board shall meet on an ad hoc basis.
[Added 4-4-05 by Ord. No. 05-05]
The Housing Specialist of the Township of East Brunswick is hereby authorized to serve as Administrator for the Rent Leveling Board. The Administrator shall provide staff support to the Board. The Administrator shall have all the powers granted to the Board, with the exception of those powers in Section 169-4C and D above.
[Amended 4-4-05 by Ord. No. 05-05]
There is hereby created the office of Rent Leveling Board Attorney.
The Rent Leveling Board may annually appoint and fix the compensation
of or agree upon the rate of compensation of the Rent Leveling Board
Attorney, who shall be an attorney other than the Municipal Attorney.
The Rent Leveling Board Attorney, in return for the annual retainer
set by the Rent Leveling Board, shall attend all Rent Leveling Board
meetings, prepare all usual and routine resolutions and provide advice
and counsel on legal issues pertaining to this ordinance to the Board
and its staff. The Rent Leveling Board Attorney shall be appointed
by the Municipal Attorney and compensation shall be determined by
the Department of Law.
[Amended 4-24-89 by Ord. No. 89-12]
Establishment of rent between a landlord and a tenant to whom
this Chapter is applicable shall hereafter be determined by provisions
of this Ordinance.
A.
Rents may be increased no more than the percentage increase in the
Consumer Price Index for all items except real estate taxes for New
York/Northeastern New Jersey over the most recent twelve (12) month
period. This method of calculating permitted rent increases shall
be applicable to all increases sought by a landlord.
B.
A landlord seeking an increase in rent shall notify the tenant on
a standardized form provided by the East Brunswick Department of Planning
and Engineering, by certified mail, of the calculations involved in
computing the increase, including the most recent and pertinent available
Consumer Price Index and the Consumer Price Index twelve (12) months
prior thereto. No increase in rent as set forth above, shall become
effective less than thirty (30) days nor more than sixty (60) days
after notice thereof by certified mail is given to the tenant.
C.
For leases of less than one (1) year, the landlord shall calculate
the percentage of rental increase by obtaining the ratio of the number
of months since the last rental increase divided by twelve (12) months.
This fraction shall then be multiplied by the Consumer Price Index
percentage increase for the previous twelve (12) month period in order
to determine the percentage of increased rental to which the landlord
is entitled.
A rental increase at any time other than at the expiration of
a lease or termination of a periodic lease shall be void. A rental
increase in excess of that authorized by the provisions of this Ordinance
shall be void.
The provisions of this ordinance shall not apply to the lease
or rental agreement between the landlord and the initial or first
tenant, nor shall they apply to a new tenant after the apartment has
been vacated, and the landlord shall not be restricted in the amount
of rent which he may charge to such tenant. Any subsequent rent increases,
however, shall be subject to the terms and provisions of this Chapter.
[Amended 3-10-86 by Ord. No. 86-734]
A.
The landlord may seek a Property Tax Surcharge from a tenant based
upon an increase in property taxes in the year in which the surcharge
is sought over the immediately preceding year. The Property Tax Surcharge
shall not exceed that amount authorized by the following provisions:
(1)
The landlord shall determine the increase in the present property
tax over the property tax of the previous year and divide that increase
by the total number of square feet in the dwelling or dwellings to
determine the tax increase per square feet therein.
(2)
The tenant may thereafter be surcharged for his proportionate share
of the tax increase by multiplying the tax increase per square foot
by the number of square feet occupied by the tenant.
B.
Specifically, the words "previous year" are intended to refer to
the year previous to that in which the landlord is seeking a Property
Tax Surcharge increase and to no other year. If a landlord has not
attempted to obtain a Property Tax Surcharge for property tax increases
from an immediately preceding year, the landlord shall be deemed to
have waived the right to seek such increase in any subsequent year.
C.
Property Tax Surcharge: Cumulative Intent. Landlords shall be allowed
to accumulate Property Tax Surcharges which have been passed through
to their tenants as allowed by this ordinance. A landlord must notify
his tenants of any increase in the Property Tax Surcharge attributable
to property tax increases incurred in the preceding 12 months, and
the total cumulative Property Tax Surcharge in any given lease.
D.
Calculating Property Tax Surcharge in the Event of a Decrease in Property Taxes Due to a Reduction in the Property's Assessed Value or a Reduced Tax Rate. In the event there is a decrease in property taxes due to a reduction in the property's assessed value or a reduced tax rate, the existing Property Tax Surcharge will be decreased. Decreases will be calculated and passed through in the same manner as increases in § 169-9A. Reductions in Property Tax Surcharges will be applied against previously imposed Property Tax Surcharges, in an amount not exceeding such surcharges. If there were no such surcharges, then there will be no reduction. The landlord may subtract administrative costs, calculated at l l/2 times the cost of certified mail, return receipt requested, from the reduction.
A landlord seeking a Property Tax Surcharge shall notify the
tenant by certified mail of the calculations involved in computing
the surcharge, including the present property tax for the dwelling
or dwellings, the property tax for the dwelling for the previous year,
the number of square feet in the dwelling, the tax increase per square
foot, the number of square feet occupied by the tenant and the maximum
allowable surcharge. No surcharge as set forth above shall become
effective less than thirty (30) days after notice thereof by certified
mail is given to the tenant. The landlord may send notice of a property
tax surcharge to the tenant at any time after the new tax bill is
received by the landlord.
The tenant shall be permitted to pay the property tax surcharge
as determined under this chapter in twelve (12) consecutive equal
monthly installments.
The Property Tax Surcharge shall not be considered rent for
purposes of computing cost of living rental increases.
In the event that a tax appeal is taken by a landlord and the
landlord is successful in said appeal and the taxes are reduced, the
tenant shall receive one hundred percent (100%) of said reduction
after deducting all expenses incurred by the landlord in processing
said appeal. Tax refunds will be applied against previously imposed
tax surcharges in an amount not exceeding such surcharge, but if there
was no such tax surcharge, then the tax refund will not be payable
to a tenant. The tenant refund shall be calculated in the same manner
that the Property Tax Surcharge was calculated. In the same manner,
existing property tax surcharges will be lowered to reflect the reduced
property tax.
All tenants in occupancy at the time of conversion of rental
units to cooperatives or condominiums and all landlords of such rental
units shall be subject to the terms and conditions of this Ordinance.
No increase in taxes caused by such conversion above the average increase
in taxes throughout the Township shall be passed on to tenants in
occupancy at the time of such conversion.
Existing Consumer Price Index Energy Adjustments which have
been previously passed on to the tenant are to be kept separate from
the base rent when computing the cost of living rental increases.
Should fuel costs fall below the level in effect as of the date of
this ordinance, renewing tenants will have their Consumer Price Index
Energy Adjustment surcharge reduced accordingly. Should Consumer Price
Index Energy Adjustment surcharges be reduced to zero, they will be
eliminated permanently.
A.
A landlord contemplating an optional capital improvement, as defined in Section 169-1, Definitions, must file an application to the Board for a surcharge prior to construction or installation if he seeks to impose a Capital Improvement Surcharge upon the tenants. The application must set forth the projected costs, the method of calculation, the method of financing, the cost of financing, the useful life and a justification for seeking the Capital Improvement Surcharge. If the Rent Leveling Board is not satisfied with the justification, it may request additional information or may reject the application based upon evidence presented.
B.
The landlord shall be required to send official notices to each tenant
affected by the application at least ten (10) days prior to the hearing
scheduled before the Board. In addition, the Rent Leveling Office
will publish official notice of the Hearing date in the official Township
newspaper at least ten (10) days prior to the hearing date.
C.
Whenever application is made by the landlord for a Capital Improvement
Surcharge for improvements which are mandated by a governmental authority,
the landlord shall follow the procedures set forth in paragraph A
above unless the landlord can justify to the Board why it was impossible
to furnish notice and seek Board approval prior to the installation
or construction of the improvement.
D.
The length of the surcharge shall be based on "the useful life" of
the improvement as defined by the manufacturer. The Housing Office
will verify the reasonableness of the "useful life" by surveying at
least three other manufacturers (if possible) as to their estimate
of "useful life". Payment shall be made by the tenant in equal monthly
installments.
E.
Where per apartment costs are known, they should be used as a basis
for apportioning the surcharge. When per apartment costs are unknown,
a pro-ration based upon square footage should be used.
F.
The Capital Improvement Surcharge shall become effective no sooner
than the renewal date of the next lease and no time during a pending
or current lease.
G.
The Capital Improvement Surcharge shall be kept separate from the
base rent when computing cost of living rental increase.
H.
Only the initial investment and financing costs are eligible for
the Capital Improvement Surcharge. Repairs and replacements are to
be absorbed by the landlord as operating expenses and are not eligible
for the Capital Improvement Surcharge.
I.
Formal notification shall be given by the landlord to the tenants
of any determination made by the Board upon an application for a Capital
Improvement Surcharge within ten (10) days of any determination. In
addition, the Rent Leveling Board will publish official notice of
the determination in the official Township newspaper within ten (10)
days of any determination.
In the event that a landlord claims a hardship in accordance
with the definitions set forth in this ordinance, he may apply to
the Rent Leveling Board for increased rental. The Board may grant
the landlord a Hardship Rent Increase subject to the terms of this
Ordinance. Such increases shall not be considered rent for purposes
of computing cost of living rent increases.
A.
In determining any hardship application, the Rent Leveling Board
shall consider financial factors which are to be submitted by the
landlord. The landlord shall submit a Profit and Loss Statement reflecting
information for three (3) years prior to the year of the application.
A landlord seeking an increase in rent shall provide a minimum of
financial factors as indicated on a standardized form provided by
the East Brunswick Department of Planning and Engineering, as well
as any other information pertinent as required under this Ordinance.
[Amended 4-24-89 by Ord. No. 89-12]
B.
The services of a financial consultant shall be provided for to assist
the Board in evaluating complicated accounting information. The financial
consultant fees shall be funded through an escrow account required
of landlords making hardship appeals. The escrow may be no more than
$1,000.00 for a landlord of more than 100 units and $500.00 for landlords
of less than 100 units. Any money not required for consulting fees
shall be refunded to the landlord.
C.
Hardship appeals will be based on a Fair Rate of Return formula which
allows, with just cause, for the maintenance of a Dollar Net Operating
Income (NOI) with a cost of living increase on that portion of the
NOI which is the profit.
Only valid cause for loss of return of Net Operating Income
shall be permitted as the basis for a hardship application hereunder.
D.
Hardships resulting from mandatory refinancing or resale will be addressed by the Board as Special Circumstances as defined in Section 169-18.
E.
The landlord shall be required to send by certified mail official
notices to each tenant affected by the application, at least ten (10)
days prior to the date scheduled for the hearing of the application
by the Rent Leveling Board. In addition, the Rent Leveling office
will publish official notice of the hearing date in the official Township
newspaper at least ten (10) days prior to the hearing. Formal notification
shall be given by the landlord by certified mail to each affected
tenant of any determination made by the Board upon an application
for a hardship increase in rental within ten (10) days from the date
of the determination. In addition, the Rent Leveling office shall
publish official notice of the Board's determination in the official
Township newspaper within ten (10) days of the date of determination.
The Rent Leveling Board shall make a determination of any application
within forty-five (45) days from the conclusion of the last scheduled
hearing.
In applying the Net Operating Income formula, necessary financing
shall be considered upon applications.
A.
The additional debt requirements attributable to necessary refinancing
will be permitted only at the expiration of the term of the mortgage,
and if the Board determines that the mortgage payments result from
refinancing terms which are commercially reasonable under the circumstances.
B.
This section applies only to the costs of refinancing of the unpaid
balance on a first mortgage or secondary financing which is part of
the original purchase, provided the same is the result of an arms
length transaction. The refinancing of junior mortgages shall not
qualify.
C.
In a circumstance where a new apartment owner is in a negative cash
flow position, the criterion to be used by the Board is whether the
mortgage payments resulted from a capitalization debt-equity ratio
that is commercially reasonable and is reasonably related to the acquisition
of the apartment complex for rental purposes.
The rules afforded by Sections 169-17 and 169-18 hereof are to be temporary in nature and in authorizing that relief, the Rent Leveling Board shall determine the period of time for which the temporary relief shall be applicable. The duration of the Hardship Surcharge which may be granted to a landlord shall be determined by the nature of the hardship for which relief is sought.
Pursuant to the provisions of the Senior Citizens and Disabled
Protected Tenancy Act (P.L. 1978 c. 225) of New Jersey, all eligible
senior citizens and disabled tenants shall be protected from eviction
in rental housing units which are converted to condominiums or cooperatives.
A.
The East Brunswick Township Housing Specialist in the Township Department
of Planning and Engineering shall serve as the administering agent
of this portion of the Ordinance.
[Amended 4-24-89 by Ord. No. 89-12]
B.
The East Brunswick Township Rent Leveling Board shall serve as the
formal review Board to hear any appeals filed from either the landlords
or tenants pursuant to this Section of this Ordinance. Fees deemed
necessary to cover the cost of the appeal to the Township may be established
and available at the Rent Leveling Board office.
[Amended 2-24-86 by Ord. No. 86-734]
At the request of the Rent Leveling Board or staff, landlords
shall be required to provide information on their rental units. This
information may include base rent, surcharges, number of bedrooms
and/or any other information pertinent to the Rent Leveling Ordinance.
In computing any percentage change in the Consumer Price Index,
said increase or decrease shall be calculated to the nearest one tenth
of one percent. All dollar calculations made in connection with the
provisions of this Ordinance shall be computed to the nearest cent.
[Amended 4-4-05 by Ord. No. 05-05]
The provisions of this Chapter shall not apply to units participating
in Federal or State Programs or receiving Federal or State subsidies.
During the term of this ordinance, the landlord shall maintain
the same standards of service, maintenance, furniture, furnishings
or equipment in the housing space and dwelling as he provided or was
required to do so by law or lease, at the date of the inception of
the lease.
An individual tenant or a class of tenants who are not receiving
substantially the same standards of service, maintenance, furniture
or furnishings or equipment may appeal to the Rent Leveling Board
for a determination as to reasonable rental value of the housing unit
or dwelling in view of this deficiency. The tenant or class of tenants
shall pay the reasonable rental value as determined by the Rent Leveling
Board in lieu of full payment of rent until the landlord corrects
the deficiency.
The property tax reduction for residential rental property provided
for in N.J.R.S. 54:4-5.2 et seq. shall be divided by the total rentable
square feet contained within all mobile homes spaces or residential
rental units on such property to determine the annual property tax
rebate or credit per square foot for every residential unit in the
entire property. The square footage of each unit shall be multiplied
by such property tax rebate or credit for each residential unit. However,
where one (1) or more residential rental units, spaces or equivalent
are occupied by the property owner or his employees, the tax credit
or rebate for the residential rental units on such property shall
be computed by first reducing the property tax reduction by the proportion
that the number of units occupied by the property owner or his employees
bears to the total number of residential units on the property.
All charges paid by the tenant for use of facilities such as
pools, playgrounds, tennis courts, golf courses, tenants' association
and other recreational or like facilities and programs shall not be
considered as rent for purposes of the application of the regulatory
provisions of this ordinance.
Any landlord or tenant affected by the findings and determinations
of the Board may appeal to the Township Council of the Township of
East Brunswick within twenty (20) days after the date of such determination.
The Township Council may extend the time within which to file an appeal
by an additional thirty (30) days upon a showing of good cause. The
Township Council shall conduct a hearing based upon the record and
transcript made at the Rent Leveling Board meeting and shall permit
oral argument and submission of written argument but shall entertain
no new evidence at the time of the Council hearing.
The landlord shall be determined to have waived his right to
collect at a future date any surcharges or rent increase(s) to which
he may be entitled under this chapter if said increase(s) is (are)
not applied for at that lease renewal.
No landlord shall, after the effective date of this Chapter, charge any rents in excess of what he was receiving from the effective date of this Chapter except for increases authorized by this Chapter. A willful violation of this Chapter, including but not limited to, the willful filing with the Rent Leveling Board of any material misstatement of fact, shall be punishable in accordance with provisions of Section 1-15 of the Code of the Township of East Brunswick. A violation affecting more than one (1) leasehold shall be considered a separate violation as to each leasehold.
[Amended 4-4-05 by Ord. No. 05-05]
Any person claiming to be aggrieved by a violation of this ordinance,
including any member of the Rent Leveling Board or the Rent Leveling
Board as a body or the Rent Leveling Board Administrator, through
its chairman may, by himself/herself, or through his/her attorney,
make, sign and file a written complaint with the Clerk of the Municipal
Court of the Township of East Brunswick, which complaint shall set
forth the basis thereof and specify those sections of the ordinance
violated. The Clerk of the Municipal Court of the Township of East
Brunswick shall thereafter cause to be served a copy of the complaint
upon the defendant pursuant to the rules of court and set the matter
down for hearing forthwith.
This ordinance being necessary for the Welfare of the Township
of East Brunswick and its inhabitants shall be liberally construed
to effectuate the purposes thereof.
[Added 4-11-88 by Ord. No. 88-922; amended 4-4-05 by Ord. No. 05-05]
The provisions of this ordinance shall apply to multiple dwellings
constructed after June, 1987, for a period of time 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.
The owner of any multiple dwelling exempted from this Rent Leveling
Ordinance pursuant to this paragraph shall, prior to entering into
any lease with a person for tenancy of any premises located in the
multiple dwelling, furnish the prospective tenant with a written statement
that the multiple dwelling in which the premises is located is exempt
from rent leveling for such time as remains in the exemption period.
Each lease offered to a prospective tenant for any dwelling unit therein
during the period the multiple dwelling is so exempted shall contain
a provision notifying the tenant of the exemption.
The owner of any multiple dwelling claiming an exemption from
rent leveling shall, at least 30 days prior to the issuance of a certificate
of occupancy for the newly constructed multiple dwelling, file with
the Municipal Construction Official, a written statement of the owner's
claim of exemption, including therein a statement of the date upon
which the exemption period so claimed shall commence, such information
as may be necessary to effectively locate and identify the multiple
dwelling for which the exemption is claimed, and a statement of the
number of rental dwelling units in the multiple dwelling for which
the exemption is claimed.
The owner shall, at least 30 days prior to the date of the termination
of the exemption period afforded pursuant to this ordinance, file
with the Municipal Construction Official a notice of the date of termination
of the exemption period for the effected multiple dwelling.
[Added 4-15-88 by Ord. No. 88-919]
State-mandated increases in tipping fees and/or solid waste
removal carting fees may be passed through by garden apartment landlords
to tenants, subject to action by the East Brunswick Township Council
which would provide reimbursement to landlords for such increases.
Total increases incurred by landlords in said costs will be passed
through to the tenants as a Garbage and Solid Waste Removal Surcharge
on the following basis: 40% of the increase payable to the tenant,
and 60% of the increase payable to the landlord.
A.
The landlord may seek a Garbage and Solid Waste Removal Surcharge
from a tenant based upon state-mandated increases in garbage and the
surcharge is sought over the immediately preceding year. The Garbage
and Solid Waste Removal Surcharge shall not exceed that amount authorized
by the following provisions.
(1)
The landlord shall determine the increase in the present garbage
and solid waste removal carting and tipping fees over the same fees
charged in the previous year, and divide that increase by the total
number of square feet in the dwelling or dwellings to determine the
Garbage and Solid Waste Removal Surcharge per square foot therein.
(2)
The tenant may thereafter be surcharged for his/her proportionate
share of the garbage and solid waste removal carting and tipping fee
increase by multiplying the increase per square foot by the number
of square feet occupied by the tenant.
B.
Specifically, the words "previous year" are intended to refer to
the year previous to that in which the landlord is seeking a Garbage
and Solid Waste Removal Surcharge and to no other year. If a landlord
has not attempted to obtain a Garbage and Solid Waste Removal Surcharge
for increases from an immediately preceding year, the landlord shall
be deemed to have waived the right to seek such increases in any subsequent
year.
[Added 4-25-88 by Ord. No. 88-919]
A landlord seeking a Garbage and Solid Waste Removal Surcharge
shall notify the tenant of the calculations involved in computing
the surcharge, including the present garbage and solid waste costs
for the dwelling or dwellings, the garbage and solid waste removal
costs for the dwelling for the previous year, the number of square
feet in the dwelling, the garbage and solid waste removal fee increase
per square foot, the number of square feet occupied by the tenant
and the maximum allowable surcharge. No surcharge as set forth shall
become effective less than thirty (30) days after the notice thereof
by certified mail is given to the tenant, and said increase shall
only be applied at time of lease renewal.
[Added 4-25-88 by Ord. No. 88-919]
The tenant shall be permitted to pay the Garbage and Solid Waste
Removal Surcharge as determined under this Chapter in twelve (12)
consecutive equal monthly installments. The tenant shall continue
to pay the same monthly surcharge until such time as the costs to
the landlord are decreased and notice of same has been given by certified
mail to the tenant.
[Added 4-25-88 by Ord. No. 88-919]
In the event there is a decrease in garbage and solid waste removal fees, the existing Garbage and Solid Waste Removal Surcharge will be decreased. Decreases will be calculated and passed through in the same manner as increases in Section 37. Section 169-32. Garbage and solid waste removal surcharges will be applied against previously imposed garbage and solid waste surcharges in an amount not exceeding such surcharges. If there were no such surcharges, then there will be no reduction. The landlord may subtract from the reduction administrative costs calculated at 1-1/2 times the cost of certified mail, return receipt requested.
[Added 4-25-88 by Ord. No. 88-919]
The Garbage and solid waste removal surcharge shall not be considered
rent for purposes of computing costs of living rental increases.
