A.
In the event a tax appeal is successful and the municipal property tax is reduced, any tenant in a multiple-dwelling property, except those units exempted in § 321-2B(1), (2) and (3), the tenants shall receive 100% of the tax refund after deducting the share of all reasonable expenses incurred by the landlord in prosecuting the appeal, upon the submission of certification and proof of expense upon request of the Borough.
B.
The proportionate share of each individual tenant is to be determined
as follows: The property tax reduction for the property for the year
shall be divided by the total annual rent for all dwelling units,
occupied or unoccupied, on such property for the year to determine
the property tax rebate or credit as a fixed percentage of rent for
each tenant. The annual rent of each residential unit shall be multiplied
by such fixed percentage to determine the annual amount of property
tax rebate or credit for each such unit.
C.
The landlord shall, within 30 days of receipt of this tax refund,
identify for each tenant, in writing, the total tax refund, each of
the expenses incurred in the tax appeal, the tenants' share of
the refund and the individual tenant's proportionate share of
the tax refund. A copy of the writing indicating the total tax refund,
the expenses incurred in the tax appeal and the tenants' share
of the refund shall be filed with the Department of Code Enforcement.
D.
If the tenant is still residing in the dwelling or complex, then
the tenants' proportionate share of the refund shall, at the
option of the landlord, be deducted from their next rent payment or
paid directly to the tenant within 60 days of receipt of this refund.
A tenant who is no longer residing in the dwelling or complex is entitled
to the proportionate share of the tax refund; the landlord shall so
inform the tenant by sending a notice to the forwarding address. A
copy of this notice shall be sent to the Department of Code Enforcement.
Money unclaimed after 60 days following receipt by the landlord of
a tax refund shall be delivered to the State of New Jersey in accordance
with N.J.S.A. 46:30B-1.
E.
Upon receipt of a judgment resulting in a tax reduction for a landlord
and upon payment or credit of such reduction to a landlord, the Borough
Tax Collector and Assessor shall notify the Borough Administrator,
or his or her designee, and the Department of Code Enforcement.
F.
Upon receipt of information that a landlord has received payment or credit in connection with a successful tax appeal as provided in Subsection C above, the Department of Code Enforcement shall notify landlord by certified mail, return receipt requested, of his obligations as provided in Subsections B, C and D of this section.
G.
Within 75 days of receipt or credit in connection with a successful tax appeal, the landlord shall file with the Department of Code Enforcement a certification of compliance with Subsections B, C and D and shall specify as to each tenant whether compliance was achieved by credit, payment to the tenant or payment to the Borough. A copy of the certification shall be posted by the landlord in a conspicuous place in each dwelling.
H.
The Department of Code Enforcement shall monitor compliance with
this article by appropriate sampling of tenants to verify that tenants
have received refund or credit in connection with tax refunds.
