A. 
The Rent Control Board of the Borough of Highland Park shall consist of three members, who shall all be residents of the Borough and appointed by the Mayor with the advice and consent of Council. The membership of the Board shall consist of one landlord owning property in the Borough of Highland Park or their representative, one tenant residing in the Borough of Highland Park and one person owning and occupying their home in the Borough of Highland Park.
B. 
There shall also be three 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 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.
C. 
Their terms of office shall be for a period of three years, which terms shall be staggered upon the original appointment of Board members. A member of Council shall serve as liaison to the Board. All members shall serve without compensation. At the first meeting of each year, by majority vote, the Board shall choose one of its members as a Chairperson and another as Vice Chairperson to act in the absence or unavailability of the Chairperson. The term of each member shall run through December 31 of such year.
D. 
The Rent Control Board shall have and exercise all powers necessary and appropriate to carry out and execute the purposes of this chapter, including the following:
(1) 
Certifying the annual rent increase established by this chapter.
(2) 
Hearing of hardship and fair rate of return increases.
(3) 
Hearing of tenant applications for disposition of tax refunds.
(4) 
Hearing of challenges to decisions of the Borough Administrator, or his or her designee, regarding tenant challenges to annual rent increases.
(5) 
All duties and responsibilities of the local agency concerning protecting certain senior citizens and disabled persons from eviction resulting from a condominium conversion pursuant to N.J.S.A. 2A:18-61.22.
(6) 
Review and approval of costs for which a capital improvement surcharge is sought.
E. 
The Borough Administrator, or his or her designee, shall serve as administrator for the Rent Control Board and shall provide staff support to implement the purposes of this chapter, as follows:
(1) 
Supply information and assistance to landlords and tenants to help them comply with the provisions of this chapter.
(2) 
Calculate the annual rent increase and present it to the Rent Control Board for certification.
(3) 
Hear and decide upon tenant challenges to annual rent increases.
(4) 
Convene the Rent Control Board for hearings and adjudicate applications by tenants and landlords. The Borough Administrator, or his or her designee, shall give 10 days' notice of a hearing to all concerned parties.
(5) 
Request inspections of rental property by the Department of Code Enforcement and receive written reports from the inspectors of these inspections.
(6) 
Issue subpoenas for the attendance of witnesses or concerned parties and for the protection of records. The failure to attend when a subpoena has been issued or the failure to produce records when so demanded shall constitute a violation of this chapter and shall be subject to the penalties described in § 321-40, Violations and penalties.
No landlord nor anyone acting on his/her behalf shall use any tactic of harassment, coercion or threat or bring any action of reprisal against any tenant or group of tenants. No landlord shall engage in any course of conduct, the object of which is to retaliate against a tenant who exercises any rights conferred to him by this chapter. The Borough Administrator or designee does not have the jurisdiction to accept or make any determinations on any retaliation complaints. Any tenant subject to retaliation may file an action in the Municipal or State Court.
A. 
Administrative agency.
(1) 
The Borough Administrator, or his or her designee, is hereby designated as the administrative agent of the Borough for purposes of Senior Citizens and Disabled Protected Tenancy Act and shall coordinate enforcement of the Act with the Rent Control Board as provided for in § 321-19D(5) hereinabove.
(2) 
The Borough Administrator, or his or her designee, shall perform all duties required of the administrative agent by the Senior Citizens and Disabled Protected Tenancy Act, and any amendments and supplements thereto.
B. 
Fees.
(1) 
At the time the owner of any building or structure, who seeks to convert any premises subject to the provisions of the Senior Citizens and Disabled Protected Tenancy Act, provides notification to the Borough Administrator, or his or her designee, of his intention to file an application for registration of conversion with the Department of Community Affairs, as required by Section 6 of the Senior Citizens and Disabled Protected Tenancy Act, the owner shall pay a fee of $20 for each dwelling unit, and an additional fee of $10 for each tenant in excess of one residing in a single dwelling unit, to the Borough Administrator, or his or her designee. No action shall be taken by the Borough Administrator, or his or her designee, pursuant to the terms of the Act until the required fees are paid in full.
(2) 
In the event any tenant, determined to be ineligible for protected tenancy status, brings an action in a court of competent jurisdiction to challenge the determination of ineligibility, and names as a party defendant the Borough or any of its officers, agents or employees, or the Borough Administrator, or his or her designee, the owner seeking the conversion shall pay an additional fee in the amount to cover the cost of defending such an action.