[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 5-7-1981 by Ord.
No. 81-9[1] amended in its entirety 3-1-1990 by Ord. No. 90-3. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 128,
Rent Control in Mobile Home Parks, adopted 8-23-1979 by Ord. No. 79-19
as Section 4:4 of the General Ordinances. Section 4:4-19 of Ord. No.
81-9 provided that". . .rental increases and surcharges authorized
by the Board under Ord. No. 79-19 shall continue until their normal
expiration date or until modified by actions of the Board taken in
accordance with this ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The legal monthly, weekly or other periodic rent for all
rental units within the landlord's rental complex or parks as of the
date an application is filed with the Board, computed on an annual
basis together with any other income earned from the operation of
the complex, or park related to and having a rational relationship
to the rental operation. Where a rental unit is occupied in whole
or in part rent-free, the full rental value should be considered the
legal rent and computed into the "annual income."
[Amended 10-5-1995 by Ord. No. 95-14]
All real estate taxes and operating costs reasonable and
necessary to the operation and maintenance of the park or building,
or complex, but excluding depreciation for which there has been previous
compensation through tax savings or other such means.
[Amended 10-5-1995 by Ord. No. 95-14]
Fit for habitation as defined by state or local housing inspection
codes or the law as promulgated by the Legislature and courts of the
State of New Jersey and offered for rent.
The rent approved by the Board for an operational year for
similar dwelling units within the mobile home park. For the first
operational year and all subsequent determinations of "base rent,"
this rent shall be the average for all similar dwelling units within
the mobile home park after deducting from the same the taxes, water,
sewer and pad fee charges. Any increases in said taxes, water, sewer
and pad fee charges since the previous year shall be added to the
newly calculated "base rent." The "base rent" shall be determined
by a consideration by the Board of rents charged within the mobile
home park less the aforementioned taxes, water, sewer and pad fee
charges for the prior year and at the time the housing space was vacated
with respect to tenant occupied spaces that were not occupied in the
prior year. Notwithstanding the foregoing, the landlord may request
that the Board establish "base rents" in amounts different than those
which would otherwise be established as heretofore provided. Such
request may be granted upon such conditions as the Board may deem
necessary both to protect tenants residing in the Township of West
Deptford and also to promote stabilization and leveling of rents within
the mobile home park.
[Amended 10-5-1995 by Ord. No. 95-14]
The Multiple Dwellings Regulation Board of the Township of
West Deptford.
That improvement, addition or contribution which materially
adds to the value or utility of the property or appreciably prolongs
its useful life, as opposed to a repair which maintains the property
in an ordinarily efficient operating condition. "Capital improvements"
are improvements that benefit the rentable housing space in the affected
dwelling and area as defined by the United States Internal Revenue
Service.
In the case of mobile home complexes, shall mean internal
streets, sidewalks and clubhouses, and may relate to the individual
lots rented by the tenants to the extent that the landlord has contracted
pursuant to the leasing arrangement to maintain said grounds.
Includes all rental spaces advertised as available for rent
to tenants under the same management and trading under the same name.
[Amended 10-5-1995 by Ord. No. 95-14]
The Consumer Price Index (all items for all urban consumers)
for the Philadelphia area, published periodically by the Bureau of
Labor Statistics, United States Department of Labor.
The term "dwelling" shall include rental spaces for manufactured
housing and mobile home parks and complexes.
[Added 10-5-1995 by Ord.
No. 95-14]
An area or mobile home pad designed and constructed as a
functional unit, including that portion rented or offered for rent
for living and dwelling purposes to one individual or family unit,
together with all privileges, services, furnishings, furniture, equipment,
facilities or improvements connected with the use and occupancy of
such portion of the property.
Includes the amount of the original cash or equivalent consideration
paid upon acquisition, which shall not include the principal amount
of any mortgage or mortgages, together with such other additional
capital contributed after date of acquisition.
An owner, sublessor, assignee or other person receiving or
entitled to receive rent, or any agent of a person receiving or entitled
to receive rent, including a receiver in bankruptcy acting in the
capacity of "landlord."
Includes that portion of a mobile home park rented or offered
for rent for the purpose of parking or positioning manufactured housing,
mobile homes for living and dwelling purposes to one or more tenants
or family units, together with all the privileges, services, equipment,
facilities and improvements connected with the use or occupancy of
such portion of the property. "Mobile home spaces" which are newly
constructed and rented for the first time are exempted, and the initial
rent may be determined by the owner. All subsequent rents will be
subject to the provisions of this chapter.
[Amended 10-5-1995 by Ord. No. 95-14]
A structure or mobile home or mobile home lots or spaces
in a mobile home park and any land appurtenant thereto in which four
or more units or mobile home lots are occupied or are intended to
be occupied by four or more persons who live independently of each
other. The term "dwelling," whenever used within the body of this
chapter, shall be construed to mean "multiple dwelling."
The amount by which annual income exceeds annual operating
expenses.
Includes a showing of the age, character, locality, appurtenant
amenities and state of repair of the complex or mobile home space,
as well as comparable rentals for similar properties located within
the Township and adjacent areas.
The amount of consideration, including any bonus, benefit
or gratuity demanded or received by virtue of any agreement between
the parties whereby upon the payment of a sum certain by the tenant,
the landlord allows to him the peaceful and quiet enjoyment of the
use and occupation of the housing space for that time period. If the
parties agree that rent is to be paid upon some interval other than
one month, then that shall be construed as an alternative method of
payment, and the monthly rent shall be calculated by apportioning
the rent so as to determine the sum for the term of one month.
The same as "housing space."
Mailing, certified mail, return receipt requested, to the tenant
at the address of the tenant's unit rented from the landlord or to
such other address which the tenant may request such notices be mailed;
or
Personal delivery to the tenant, certified to by affidavit of
the person accomplishing the personal delivery or by acknowledgment
of service executed by the person served, which affidavit or acknowledgment
of service must be retained by the person causing service and filed
with the Board upon request. Proper "service" of notice as contemplated
within this chapter shall be a prerequisite to the implementation
of any rental increase hereunder. Wherever more than one person shall
rent any one unit, "service" upon one tenant shall be sufficient as
"service" upon all such tenants.
The provision of light, potable water, electricity, maintenance,
painting, air conditioning, storm windows, screens, roads and streets,
sewer/septic systems, superintendent service and any other benefit,
privilege or facility connected with the use or occupancy of any dwelling
or housing space.
That the housing space and dwelling are free from all heat,
hot water and all health, safety and fire hazards, as well as 90%
qualitatively free of all other violations of the West Deptford Property
Maintenance Code[1] and other applicable ordinances of the Township of West
Deptford.
A person or persons or family unit renting housing space
from a landlord.
The gross square footage of the lot rented by the tenant.
A multiple dwelling unit which either is no longer the subject
of a leasing arrangement, written or oral, or where all tenants of
the multiple-dwelling unit have no intention to return thereto before
the expiration of the leasing arrangement.
A.
Establishment. There is hereby established in the Township of West
Deptford a Multiple Dwellings Regulation Board (hereinafter referred
to as the "Board"), which shall consist of seven members, all of whom
shall be appointed by the Township Council and shall serve without
compensation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Membership. The membership of the Board shall consist of members
as follows:
(1)
The three Class I members, who must show, in order to qualify, that
they are residents of the Township of West Deptford and are neither
a tenant nor an owner of a mobile home park.
(2)
There shall be allowed two Class II members who must show, in order
to qualify, that he or she is a tenant of a mobile home park in the
Township of West Deptford.
(3)
There shall be allowed two Class III members. Class III members must
show, in order to qualify, that they are registered owners of a mobile
home park in the Township of West Deptford under the landlord/tenant
law and/or an agent of the owner/landlord.
C.
Terms; alternates.
(1)
Terms. The term of office of the members first appointed shall be
as follows: Class II and III members and one Class I member shall
be appointed for terms of one year; the remaining Class I appointments
shall be appointed for two-year terms.
(2)
Alternates. The Board shall also consist of three alternate members:
one Class I, one Class II, and one Class III, chosen under the same
qualifications and terms as set forth above.
D.
Vacancies. Vacancies occurring in membership in the Board shall be
filled by the Township Council for the unexpired term only in accordance
with the provisions of this chapter.
E.
Organization. There shall be Chairman, a Vice Chairman and a Secretary
of the Board, elected by the members of the Board from its membership.
F.
Quorum. A quorum shall consist of a simple majority of the full membership
of the Board.
G.
Replacements. In the event that any member or alternate member becomes
disqualified or resigns, then the Township Committee shall appoint
a replacement for only the remainder of that person's term.
H.
Removal. A member or alternate of the Board shall be subject to removal
by the Township Committee for good cause upon written charges and
after public hearing except that the failure to attend three consecutive
regular members of the Board without good reason shall constitute
a good cause for dismissal, without the necessity for a hearing.
[Amended 10-5-1995 by Ord. No. 95-14]
I.
Exception to appointment requirements. In the event that the Township
Committee is unable to secure the services of individuals in accordance
with the categories listed above, then the Township Committee may
make appointments to the Board without regard for such categories.
J.
Voting.
(1)
Each regular member can fully participate in all meetings of the
Board, and each shall have one vote when present.
(2)
Each alternate member can fully participate in all meetings of the
Board but shall only have a vote if the member of their class is absent
or disqualified.
(3)
A member or alternate may vote on matters already in progress upon
certification in writing that he or she has reviewed all prior proceedings
in the matter and is familiar therewith.
(4)
If a quorum is present, all decisions or actions taken by a majority
vote of those voting shall be valid.
(5)
Any member or alternate permitted to vote shall disqualify himself
or herself from participating in any decision involving any property
in which he or she has or has had any direct security, ownership,
management, leasehold or other interest of whatever nature. However,
that member may participate in Board discussions if that member has
personal knowledge pertaining to the issues that are presented to
the Board for a vote.
[Amended 10-5-1995 by Ord. No. 95-14]
K.
Meetings.
L.
Budget and personnel.
(1)
There shall be appropriated in each annual budget of the Township
of West Deptford such sum as may be determined by the Township Committee
to be necessary for the purpose of administering this chapter. Requests
of the Board for appropriations shall be specific and submitted to
the Township Administrator.
[Amended 10-5-1995 by Ord. No. 95-14]
(3)
The salaries and terms of the above personnel shall be determined
by the Township Committee. Additional personnel may be assigned to
the Board by the Township Administrator.
M.
Jurisdiction; powers; duties.
(1)
The Board is hereby granted and shall have and exercise, in addition
to other powers herein granted, all the power necessary and appropriate
to carry out and execute the purposes of this chapter, including but
not limited to the following:
(a)
To supply information and assistance to landlords and tenants
to help them comply with the provisions of this chapter.
(b)
To issue and promulgate such written procedural rules and regulations
which are deemed necessary to improve the efficiency of the administration
of this chapter and to implement its purposes, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Board in exercise of its discretion.
(c)
To hold hearings and adjudicate applications not otherwise resolved
between the landlord and tenant pertaining to rollback of rent due
to diminution of services, deterioration of housing space or failure
to perform ordinary repairs, replacements and maintenance; and excessive
rental increases, all in accordance with the provisions of this chapter.
(d)
To hold hearings and adjudicate petitions from landlords for
rent increases as herein provided.
(e)
To hold hearings and make adjudications to determine all other
issues permitted to be determined or necessary to be determined under
the terms of this chapter.
(f)
To hold hearings and/or adjudicate applications from landlords for rent increases as herein provided, as well as to consider agreements between the landlord and tenants for increased rents as is more fully set forth in § 128-7F of this chapter.
(g)
To enforce the provisions of this chapter and to initiate proceedings
in the Municipal Court for willful violations thereof.
(h)
To investigate all matters which are necessary to carry out
the purposes of this chapter.
(i)
To issue subpoenas to compel the attendance of witnesses and
the production of books and records in connection with hearings and
investigations held pursuant to the provisions of this chapter.
(j)
To determine whether a landlord whom the Board has determined
has overcharged a tenant in a particular case has made restitution
of the amount overcharged to the tenant.
(k)
To enforce, upon behalf of the Township, the provisions of the Tenants' Property Tax Rebate Act (N.J.S.A. 54:4-6.2 et seq.), and any amendments or regulations thereto, against a landlord or owner of qualified real rental property, to require said landlord or owner to provide a property tax rebate to the tenants thereof as provided in said Act. The authority granted by this provision shall not be limited to "multiple dwellings" as that term is defined in § 128-1 of this chapter, but rather is applicable to all "qualified real rental property" within the meaning of the Tenant's Property Tax Rebate Act. The Authority granted by this provision shall be in accordance with N.J.S.A. 54:4-6.12, whereby the municipality may issue process, with jurisdiction in municipal court.
[Added 10-5-1995 by Ord.
No. 95-14]
(l)
To require said landlord or owner to pass on to said tenants
any reduction in utility fees and/or operating expenses as a result
of the Township's providing services not previously provided.
[Added 10-5-1995 by Ord.
No. 95-14]
(2)
The Chairman shall take testimony and shall afford both landlord
and tenants a reasonable opportunity to be heard before the Board
shall render any determination.
(3)
The Board shall prescribe and provide all forms for filing an application
or petitions under the terms of this chapter.
N.
Applications, hearings and decisions.
(1)
The Board shall hold hearings and make determinations upon any application
properly brought before the Board under the provisions of this chapter.
[Amended 10-5-1995 by Ord. No. 95-14]
(2)
The parties, if natural persons, may appear pro se or may be represented
by any attorney of their choosing. Corporations and partnerships shall
be represented by a New Jersey attorney.
(3)
The parties of the Board may call such witnesses as they deem appropriate.
All testimony shall be given under oath.
(4)
The Board shall have the power to compel the production of witnesses
and documents pursuant to law and under the power given by this chapter.
(5)
The Multiple Dwellings Regulation Board shall hold hearings and make
determinations upon any applications properly brought before the Board
under the provisions of this chapter. No increased rents may be charged
pursuant to an application until after a Board makes its determination
at a public meeting, and then only in accordance with the laws of
the State of New Jersey governing landlord-tenant relations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
The Board shall not be obligated to hear matters that have previously
been resolved by the Board and shall not be obligated to hear matters
not brought before the Board in accordance with the provisions of
this chapter.
(7)
All applications for increased rents shall be submitted to the Administrator
along with all application fees. No applications shall be accepted
until all pad fees, taxes and water and sewer charges are current,
including any applicable interest charge. There shall be a penalty
assessed in the amount of 8% for a late payment of all outstanding
pad fees.
(8)
Application received. Upon receipt of an application for an increase
in rent under this section, the recording secretary of the Board or
the Board itself will cause, through its financial consultant, a preliminary
review to indicate whether the application is complete and meets with
the requirements of this chapter. Within 21 days of the submission
of the application, the Township Administrator shall notify the applicant
whether the application is complete and proper or improper. If improper,
the Township Administrator shall return the application to the applicant
with specific instructions as to what corrections need to be made
for the application to be complete and proper and scheduled for a
hearing.
[Amended 10-5-1995 by Ord. No. 95-14]
(9)
Every application under this section shall include the following:
(a)
A written explanation of the increase request.
(b)
A copy of the notice to be forwarded to the tenants notifying
them of the request for an increase and of the hearing.
[Amended 10-5-1995 by Ord. No. 95-14]
(c)
A certified rent roll indicating thereon all actual and allowable
rents, as well as the rental sought in the application for the tenant
occupied space.
(d)
A detailed description of each category of tenant occupied space
or areas available for rent to tenants in the complex or mobile home
park including all amenities and square footage.
[Amended 10-5-1995 by Ord. No. 95-14]
(e)
A statement setting forth what the applicant believes to be
the reasonable rental of the units for which the increase is sought.
(10)
Hearing date. Within 30 days of submission of an application,
unless the same has been returned as improper or incomplete, the recording
secretary shall establish a hearing date and notify the applicant
of the same. Such hearing shall be no later than 75 days from the
date of submission of the application.
(11)
At least 14 days prior to the date scheduled for the hearing,
the applicant must cause proper service to be effected upon all tenants
in housing spaces intended to be affected by rental increase applied
for. After effecting the same, the applicant must notify the Board
that such service has been made. The notice being served upon the
tenants must include the date of the hearing, the proposed monthly
increase to each tenant and that the support documents for the proposed
increased application are available for review in the applicant's
office in West Deptford and at the Municipal Building. The notice
must also state that the landlord has applied for a rent increase,
that the tenancy established at the outset of the leasehold is hereby
terminated and that a new tenancy may be created by the parties at
an increased rental, if approved by the Board. If the Board is not
provided with these required evidences showing that they were served
upon tenants within the required time, the application shall be incomplete.
At the same time, the landlord shall provide the tenants with copies
of the application, if the landlord has not already done so.
[Amended 10-5-1995 by Ord. No. 95-14]
(12)
As part of the application for an increase pursuant to § 128-7C, D or E of this chapter, the landlord shall file with the Board the following books and records, all certified to be true and correct by the applicant or, if the applicant utilizes the services of an accountant to prepare the following books and records, the applicant's accountant: profit and loss statements; balance sheets; statement of retained earnings; and statement of changes in financial position. The Board shall make the books and records available for inspection by the tenants of the affected dwellings and/or their duly authorized representatives. No application shall be deemed complete until these books and records are filed with the Board.
(13)
An application by the landlord, except an application under subsections 128-7A, B or F of this chapter, shall include a certification from the Township of West Deptford Code Enforcement Officer showing that the property is in substantial compliance with the Township of West Deptford Property Maintenance Code.[2] No application shall be heard until the certification
is filed with the Board.
[Amended 10-5-1995 by Ord. No. 95-14]
(14)
Notwithstanding what is otherwise set forth in this chapter,
nothing herein contained shall limit the authority of the Board to
determine the accuracy of all calculations submitted by the landlord,
or otherwise determine the reasonableness or conscionability of all
applications for increases under any provisions of this chapter.
(15)
Each landlord petition for a rent increase pursuant to this chapter shall be accompanied by a fee as set forth in Chapter 11 for filing and costs of Rent Control Board hearings, which is not refundable.
[Amended 3-10-2011 by Ord. No. 2011-01]
(16)
Each landlord petition for a rent increase pursuant to this chapter shall be accompanied by a consulting escrow fee as set forth in Chapter 11. This consulting escrow fee shall be utilized to pay for the services of a financial consultant who shall review the landlord's submission, determine its acceptability as to form and shall then prepare a detailed accounting and financial review and/or a real estate appraiser, who shall review the property for value determination and prepare a report for consideration of the Board and the attorney. Any amount of the escrow fee in excess of that required for consulting services for that application shall be refunded to the landlord. Additional escrow fees as requested shall be posted and required. The Board shall be permitted to retain additional experts that it deems necessary, and any attorneys' fees associated with the preparation of resolutions and other documents specifically related to the rent increase application shall be chargeable against the professional escrow account.
(17)
All presentations shall be subject to cross-examination by the
parties as well as such inquiring, including, but not limited to direct
and cross-examination by the Board.
[Amended 10-5-1995 by Ord. No. 95-14]
(18)
The burden of proof shall be on the moving party.
(19)
Accurate minutes of all meetings and decisions on rent increase
applications shall be kept by the recording secretary and filed with
the Township Clerk.
(20)
Verbatim recordings shall be taken of all meetings on rent increase
applications. Whenever verbatim recordings shall be taken of meetings
of the Board, the same shall be supplied on request and in accordance
with a fee schedule specified by Township ordinance. Any applicant
and/or party appealing a decision of the Multiple Dwelling Regulation
Board shall be responsible for providing all necessary transcripts
to the Township Committee and its professionals and all parties.
[Amended 10-5-1995 by Ord. No. 95-14]
(21)
Said Board shall give both the landlord and tenant reasonable
opportunity to be heard before making any determination and shall
base its determination on the reasonable, credible evidence before
it, although the strict rules of evidence shall not apply. The Board
may postpone or continue hearings in the event said Board determines
during the course of the hearing that it needs additional information
in order to make a decision.
[Amended 10-5-1995 by Ord. No. 95-14]
(22)
Each decision of the Board shall be issued in the form of a
resolution, clearly indicating the amounts granted, the effective
dates and the reasons for the Board's decision.
(23)
Notification of any decision of the Board shall be made within
15 days of the date of the decision. Said notification shall be given
by the Township Administrator.
[Amended 10-5-1995 by Ord. No. 95-14]
(25)
Notification shall be posted in the Municipal Building in the
Township in the place normally provided for such notice.
(26)
Appeals. Both a landlord and tenant may appeal, in writing,
the findings of the Board of the Township Committee within 15 days
from the date of said final determination and request a hearing thereon
by the Township Committee, on the record of the proceedings before
the Board, to be held within 90 days of such appeal. The Township
Committee shall have a right to approve, deny or modify said decision.
Its decision shall be by resolution. A transcript of the appeal shall
be made at the expense of the appellant.
(27)
The hearings shall be open to the public and members of the
public will be afforded an opportunity to be heard prior to the Board
making any determinations upon any application.
[Added 10-5-1995 by Ord.
No. 95-14]
(28)
Applications must be deemed to be complete in order for the
Board to hear the application. Applications will not be deemed complete
until the applicant complies with all provisions of this chapter and
until all application and escrow fees are paid in full.
[Added 10-5-1995 by Ord.
No. 95-14]
(29)
The landlord must also submit to the Board a sworn statement that the maintenance and security standards for the mobile home park as set forth in § 128-3 have been complied with. The Board may require the submission of any other information, including more detailed and security standards and expenditures, which it deems necessary or proper for its deliberation.
[Added 10-5-1995 by Ord.
No. 95-14]
(30)
A property owner cannot submit an application or expenses whereby
more than one housing space is mentioned therein for a rental increase
or capital improvement surcharge. A property owner will not be permitted
to subsidize a housing space which yields inadequate returns out of
profits derived from other housing spaces concealed by averaging it
together with another housing space.
[Added 10-5-1995 by Ord.
No. 95-14]
(31)
Miscellaneous fees.
[Added 10-5-1995 by Ord.
No. 95-14]
(a)
As part of a landlord's application for a rent increase, a landlord
shall submit to the Board a schedule of all miscellaneous fees which
are being charged to the tenants of its complex. This Miscellaneous
Fee Schedule shall include: (a) the nature or type of the miscellaneous
fee; (b) the amount charged for each fee; (c) the method by which
the landlord has arrived at the charge; and (d) any other information,
including expenses incurred, which the landlord intends to present
to the Board to justify the reasonableness of its charges.
(b)
The landlord will have the burden to show that the expenses
are permitted by law and within reason. The Board, at the time of
the hearing of the landlord's application for a rent increase, shall
consider the miscellaneous fee to be charged and, whether or not the
landlord showed that they are permitted by law and are within reason
and shall approve, disapprove or modify said charges. All future increases
for miscellaneous fees as originally set by the Board are prohibited
unless first approved by the Board, upon application by the landlord
after notice to the tenants in accordance with the same notice requirements
as provided for the application for rent increase.
(c)
For the purpose of this chapter, miscellaneous fees shall be
any consideration, including cash, property, services, or otherwise,
given by a tenant to a landlord in addition to the actual rent paid
for the right to occupy a dwelling unit, for any amenity service or
property provided by or offered by the landlord in connection with
such times as pool fees, pet fees, short-term fees, guest fees, late
charges, restoration fees, bad check charges, as well as variations
of any of the above.
(32)
The Board may grant less than the increase requested after considering various factors, including but not limited to the reasonable rental value of the rental spaces, the effect upon rent stabilization and the landlord's maintenance of standards in the complex as set forth in § 128-3.
[Added 10-5-1995 by Ord.
No. 95-14]
(33)
In determining the value of real property, the Board may consider
evidence using various means of computation such as depreciation,
replacement costs, market value based on sales of comparable properties
or any soundly conceived method which the parties may suggest, such
as assessed valuation or original cost depreciated.
[Added 10-5-1995 by Ord.
No. 95-14]
(34)
It shall be within the Board's discretion, after considering
all relevant factors, to grant an increase in rent retroactive to
the date of the landlord filing the application.
[Added 10-5-1995 by Ord.
No. 95-14]
The intent of this section is to have the landlords maintain
their facilities at all times, and to upgrade their facilities for
the betterment of the community.
A.
The landlord shall maintain the same standards of service, maintenance,
furniture, furnishings, recreational facilities, common areas and
landscaping as he was required to do by law or by the terms of the
tenancy at the date the tenancy was entered into. The landlord shall,
also, maintain all rental units within the complex or mobile home
park in accordance with the BOCA Property Maintenance Code, applicable
West Deptford Township ordinances and any applicable laws of the State
of New Jersey. Fraudulent inducement, if any, by the landlord which
resulted in the entering into the tenancy by the tenant shall be considered
by the Board in its determinations.
[Amended 10-5-1995 by Ord. No. 95-14]
B.
No rent increase shall be granted or allowed by the Board if the
applicant does not supply a certification from the Township of West
Deptford Code Enforcement Officer showing that the property is in
substantial compliance with the West Deptford Property Maintenance
Code,[1] unless a purpose of rent increase requested would be to
place the property in question into substantial compliance with said
code. If a rent increase for such purpose is granted by the Board,
the landlord shall initiate and consummate all necessary arrangements
for the work within such time as is set by the Board at the time the
increase is granted. The Board, at the time of the granting of the
rent increase, shall specify a reasonable time limit for completion
of the work required to effect substantial compliance with the code.
If the owner fails to initiate and consummate the necessary arrangements
or complete the work within the time limit established by the Board,
the rent increase previously granted by the Board shall be refunded
or credited to the tenant in an amount equal to the reduction in value
of the rent as a result of the failure to do the work. The Board shall
make the finding of said reduction in value. For good cause shown,
the Board may grant reasonable extension of time to the landlord for
completion of the work.
[Amended 10-5-1995 by Ord. No. 95-14]
C.
During the term of this chapter, an applicant must pay and keep current
all real estate taxes and municipal pad fees and costs due to the
Township of West Deptford prior to being entitled to relief in accordance
with any provision of this chapter or for continued relief in accordance
with any decision rendered by the Board pursuant to this chapter.
D.
Notwithstanding whether or not the request for increase is to bring
the property into substantial compliance with the Uniform Construction
Code, nothing set forth herein shall prevent the Board from granting
a rent increase and making the rent increase contingent upon the applicant
bringing the property into compliance with the West Deptford Property
Maintenance Code.[2] If the property is not brought into compliance pursuant
to the Board's direction, the Board may order a refund or credit against
future rents in the amount of the increase granted.
E.
Pursuant to the landlord's duty to maintain the standards at the
mobile home parks, as provided by this chapter, the Board, or any
member of the Board, as its discretion, is authorized to inspect the
exterior and common areas of any park area, as well as the interior
of individual dwelling spaces upon the invitation and with the permission
of the tenant or tenants residing therein.
[Amended 10-5-1995 by Ord. No. 95-14]
A.
Restrictions on rental increases. Establishment of rental charges
for multiple dwelling units between the landlord and the tenant to
whom the provisions of this chapter are applicable shall hereafter
be determined by the provisions of this chapter. No landlord shall
request or receive an increase in the rental charge of any multiple
dwelling unit except as permitted by this chapter. Any rental increase
in excess of that authorized by the provisions of this chapter shall
be void.
B.
Applications for rent increases under any or all sections of this
chapter must be initiated at the same time during any one twelve-month
period. The Board shall not grant more than one rental increase to
any applicant during any twelve-month period.
C.
It shall be unlawful for any landlord to charge a tenant for the
use of a washing machine, refrigerator, cooking stove, air conditioner
or any other privileges or amenities, when and wherever such appliances
were previously permitted and allowed by the landlord without extra
charge either by lease, use or custom. The use of such appliances,
privileges or amenities shall be considered as included in the rent.
Any extra charge in such a situation shall be considered as an unauthorized
increase in rent and shall be unlawful unless upon good cause, it
is approved by the Multiple Dwellings Regulation Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Exemptions. The provisions of this chapter shall apply to all rentals
of housing space within the Township of West Deptford, except that
housing space being rented for the first time shall not be restricted
in the initial rent charged. Any subsequent rental increase, however,
shall be subject to the provisions of this chapter.
E.
Pursuant to the landlord's duty to maintain the standards at the
mobile home parks, as provided by this chapter, the Board, or any
member of the Board, as its discretion, is authorized to inspect the
exterior and common areas of any park area, as well as the interior
of individual dwelling spaces upon the invitation and with the permission
of the tenant or tenants residing therein.
[Added 10-5-1995 by Ord.
No. 95-14]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An intentional violation of any provision of this chapter, including but not limited to the willful filing with the Board of any material misstatement of fact, shall be subject to the penalty in § 1-15, Violations and penalties, of the Code of the Township of West Deptford. Each day that a violation occurs shall be considered a separate offense. Violations affecting more than one leasehold shall be considered separate offenses.
Any provision of a lease or other agreement whereby any provision
of this chapter is waived shall be deemed against public policy and
shall be void. For an application to be considered complete, the landlord
must accompany his application with a lease not violating the laws
of the State of New Jersey and a notice of increase form to be distributed
to tenants conforming to the laws regarding proper termination. The
landlord shall be responsible for enforcing the provisions of the
lease.
Establishment of rent increases between a landlord and a tenant
to whom this chapter is applicable shall hereafter be determined by
the following provisions of this chapter. No landlord may request
or receive of the tenants any increase in rental income or additional
charges except as provided by these following provisions and until
such time as the landlord shall have obtained approval in writing
from the Board, as hereinafter established, for said increase.
A.
Standard increase. An annual increase of up to an amount equal to the then current base rent times the Consumer Price Index multiplier for the Philadelphia S.M.S.A. for non-urban wage earners may be granted by the Board as an increase over the base rent. In no event may a landlord petition for an increase in rent in excess of 5% of the base rent. No increase shall be permitted unless the landlord has provided the Board with a copy of a proper written lease; a filing fee shall be as set forth in Chapter 11 with a copy of a proper termination notice; proof of service of a copy of the application for increase to the tenants at least 14 days prior to the date for the hearing on the application; and a sworn statement from the landlord that the maintenance and security standards for the complex has not been reduced during the preceding 12 months. A landlord shall submit a certified rent roll, indicating thereon all actual and allowable rents, the square footage for each housing space and the requested rent increase by apartments. Certified financial statements must also be submitted. The Board may require additional information if it finds the same necessary. If the Board is provided with these items of evidence within the required time and the Board finds the landlord to have been diligent in maintaining the standards of the housing spaces and common areas, there will be granted an increase pursuant to the landlord's application under this section. The Board may grant less than the increase requested or no increase at all after considering the application under this section. The Board may grant less than the increase requested or no increase at all after considering the application if there is a finding of fact that the landlord is being less than diligent and has not maintained the maintenance and security standards in the mobile home park or upon a finding of fact regarding market conditions, the Consumer Price Index at the time of the application and/or the economy.
[Amended 10-5-1995 by Ord. No. 95-14; 3-10-2011 by Ord. No. 2011-01]
B.
Tax surcharge.
(1)
A landlord shall make the application for tax surcharge upon a tenant because of an increase in real property taxes in accordance with § 128-2N of this chapter. The tax surcharge shall not exceed that amount calculated by the following method:
(a)
When the application contained a trailer park, the tax surcharge
per pad or lot, if any shall be calculated by multiplying the total
tax surcharge permissible in accordance with this section times the
ratio of the total square feet of the trailer park, and then dividing
that proportionate figure of the total tax surcharge by the number
of lots or pads in that group size.
(b)
A group size of pads or lots shall consist of the same square
foot size pads or lots.
(2)
Any landlord imposing a tax surcharge shall file with the Multiple Dwellings Regulation Board a schedule obtained from the Township Administrator's office indicating the calculation involved in computing the tax surcharge. Upon filing said schedule, the landlord shall notify each tenant by certified mail or personal service of the monthly surcharge to be paid by said tenant and of the calculation and the information contained in the aforesaid schedule. The applicant shall submit to the Board the total number of groups or pads or lots in the mobile home park, total number of pads or lots in each group and include all specifications of the calculations with the filing and notice of application. The notice required herein may be contained in the same notice referred to in § 128-2N(11) of this chapter advising the tenants of the date the application will be considered by the Board.
[Amended 10-5-1995 by Ord. No. 95-14; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(3)
Any tax surcharge imposed by a landlord shall be payable by each
tenant in 12 equal monthly installments.
(4)
The Multiple Dwellings Regulation Board shall process, hear and determine any disputes regarding a tax surcharge in accordance with § 128-2N of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
In the event of a tax appeal, the portion of a tenant tax surcharge
not being paid by the landlord to the municipality will be held by
the landlord in an interest-bearing account. In the event that the
appeal is successful and the tax reduces, the tenant shall receive
75% of the money held in escrow, together with 75% of the accrued
interest after deducting all reasonable expenses (not otherwise reimbursed)
in prosecuting said appeal. The expenses incurred by the landlord
shall include but are not limited to the payment of filing fees, appraisal
reports, expert witness fees and attorneys fees. Payment to the tenant
shall be made in the form of a credit against the monthly rent or
a check made payable to the tenant. The balance shall belong to the
landlord.
(6)
In the event of a reduction in real property taxes, a tenant shall
be entitled to a tax rebate. The landlord shall compute the rebate
to which the tenant is entitled by the same formulas used in this
section for computing a tax surcharge. Payment to the tenant shall
be made in the form of a credit against monthly rent or a check made
payable to the tenant.
(7)
In the case of any tenant who has moved, the landlord shall make
a diligent effort to forward the refund to such tenant, and if the
landlord is not successful in effecting such a refund, then and in
that event the landlord shall pay or apply such refund on a pro rata
basis to or for the benefit of those remaining tenant(s) who occupied
the dwelling and housing space during the time period of which the
taxes and/or assessment were the subject matter of the successful
appeal.
C.
Rate of return.
(1)
An application should include the following:
(a)
A calculation of the return on historic costs for the most recent
twelve-month period, said period ending no earlier than 60 days from
the date of petition, and also for the entire period since purchase
of the housing space by the current owners.
(b)
A calculation of the projected return on historic costs for
the next twelve-month period.
(c)
The investment basis, including a schedule of the original investment,
and the additional investments and decreases in investment by the
present owners.
(d)
A schedule of the receivables from or payable to the owners.
(e)
Disclosure of any affiliation with another company, including
a summary of intercompany transactions during the periods under consideration
[prior and projected 12 months].
(f)
The estimated income tax savings that is expected to result
to the parent company of a complex or to the owners if the company
is operating as a partnership or a tax option corporation (Subchapter
X corporation), as a result of the complex entity generating a net
operating loss for tax purposes that would be available to the parent
company or to the owners.
(g)
A schedule of rates of return on other investments having comparable
risks.
(h)
A demonstration that repairs and maintenance costs were reasonable
and necessary to maintain the premises in good condition but not to
cause over-maintenance of the premises.
(i)
A demonstration that real estate taxes should be limited to
amounts actually paid, including sums placed in escrow for appeal.
Also, a history of the tax appeals for the past 36 months should be
provided.
(2)
The Board shall make a finding as to the rate of return the landlord
is currently receiving, as well as the rate of return to which he
is properly entitled. In determining the rate of return to which the
landlord shall be entitled, the Board shall consider the following
in addition to other evidence which may be produced by the parties
and considered relevant by the Board:
(3)
The Board shall make a finding as to the landlord's net operating
income. In making such a finding, the Board may give consideration
to the following factors, including any others submitted by the parties
and considered relevant by the Board.
(a)
All or a portion of the income from related operations conducted
by the landlord, including but not limited to appliance sales, insurance
sales, swim club fees, parking fees, etc., provided that the Board
finds a sufficient nexus between the related operation and the rental
operation.
(b)
The requirements of the tenant in maintaining the mobile home
as well as the effect that property maintenance by the tenant may
have on the value of the landlord's property.
(c)
The income derived by the landlord from services provided to
the tenant in maintaining the mobile home.
(d)
Uniqueness of mobile homes, mobile home lots or spaces as compared
to garden apartments or other multiple dwelling housing space, including
the difficulty of relocation of mobile homes.
D.
Capital improvements surcharge; applications for increase based on
capital improvements. Eligible capital improvements shall be those
made during the prior 12 months, ending no earlier than 60 days from
the date of petition, for major additional facilities or services
not heretofore provided for the affected dwelling. A schedule of the
improvement (or service) costs, the date of the expenditure, the average
costs, including debt service of the improvement (calculated by dividing
the cost of the improvement by the total number of units or space
available for rent to tenants or occupied by the same), the estimated
number of years useful life of the cost and the estimated residual
value at the end of the estimated useful life shall accompany the
application. In any event, no increase granted by authority of this
subsection shall exceed 10% of the tenant's present rental, unless
said increase or capital improvement is mandated by law.
E.
Hardship.
(1)
A landlord who finds that present rental income and additional charges
from the housing space on which he seeks relief hereunder are insufficient
to cover the cost of payments on a first mortgage and any subsequent
mortgages directly used to improve and upgrade the housing space and/or
payments for maintenance and/or all operating costs may appeal to
the Board for a hardship increase in rental income. Following a hearing,
the Board may grant the landlord a hardship rent increase to meet
these needs after considering the proofs presented by the landlord,
the condition of housing space and degree of hardship to the landlord.
(2)
The burden of proof in regard to value computation, the reasonableness
of expenses, reasonable rental, inadequacy of rate of return and all
items pertaining thereto is on the applicant. Where a majority of
the Board decides that it is unable to make proper determination from
the facts as presented, the Board may direct its financial consultant
to make an independent examination of all relevant documents, and
he shall then present his findings to the Board prior to its deciding
on the application.
F.
Increase by agreement.
(1)
The landlord and the tenants may effectuate rent increases by agreement.
The agreement must be in writing and signed by the landlord and signed
by the tenants representing 75% plus one of the rental units affected
by the rent increase. The written agreement must contain the following
information: the old rent; the new rent; the effective date of the
new rent; the amount of increase; and any other terms and conditions
of the agreement.
(2)
Landlords seeking a rent increase pursuant to this section shall be obligated to file an application with the Board pursuant to § 128-2N of this chapter, along with a copy of the proposed agreement.
(3)
No increase pursuant to this section may take effect until the Board makes a final determination concerning the agreement at a public meeting. Upon receipt of the application including said agreement, the Board Secretary shall schedule a date for the Board to consider the agreement. Once the date has been set, the landlord must notify all of the tenants whose rental units are to be affected by the rental increase of the date of the meeting, and at the same time provide the tenants with a copy of the proposed agreement. Said notification must be by certified mail, return receipt requested, or by personal service. The notice required herein may be contained in the same notice referred to in § 128-2N(11) of this chapter advising the tenants of the date the application will be considered by the Board.
(4)
At the time the Board meets to consider the proposed agreement, the
Board shall take testimony concerning the proposed agreement. The
decision of whether or not to approve the proposed agreement shall
remain solely with the Board, who shall also have the authority to
modify the agreement as it deems necessary.
[Added 10-5-1995 by Ord.
No. 95-14]
A.
Any landlord or owner must provide a property tax rebate to the tenants
thereof as provided in N.J.S.A. 54:4-6.2 et seq. for each year he/she
receives a property tax reduction for any reason. Said rebate shall
be computed as follows:
The property tax reduction for residential rental property shall
be divided by the total rentable square feet contained within all
mobile home spaces 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 per square foot to determine
the annual amount of property tax rebate or credit for each residential
unit. However, where one 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.
B.
Any landlord or owner shall provide utility and/or operating expense
rebate to the tenants if said landlord or owner experiences a reduction
and/or rebate in utility fees and/or operating expenses. If said landlord
or owner receives a rebate or reduction in operating expenses as a
result of the Township of West Deptford providing services not previously
provided, then same shall be provided to the tenants. Said rebate
shall be computed by dividing the total reduction and/or rebate of
said fees by the total number of rental units in the complex or mobile
home park.
Any rental income or additional charge or increase in excess
of that authorized by the Board and the provisions of this chapter
shall be void.
This chapter shall be known as the "Rent Stabilization Ordinance
of the Township of West Deptford."
[Added 10-5-1995 by Ord.
No. 95-14]
This chapter shall take effect immediately after final passage
and publication in accordance with the laws of the State of New Jersey.
