[Adopted by Ord. No. O-84-55, as amended
through Ord. No. O-93-23 (Ch. XXIV of the 1974 Code)]
A.
The Township Council has received numerous complaints
from residents of mobile home parks within the Township relative to
unusually large increases in rental payments required by the owners
of said parks, which increases when considered in light of the continued
existence of certain unsafe and hazardous conditions suffered and
permitted by the same owners to continue in the same parks, are excessive
and unjustified; and
B.
Said serious conditions are causing acute hardship
to the tenants of mobile home parks, many of whom are on fixed or
low incomes and, as a consequence thereof, have an adverse effect
upon the health, safety and general welfare of such citizens of the
Township; and
C.
Statistics demonstrate that of the 504 existing mobile
home spaces in the Township none are vacant and that this constitutes
a vacancy rate of 0%; and
D.
By reason of the necessity for the Township Council
to license mobile home parks, mobile home park operators enjoy an
unintended monopoly of available mobile home park rental spaces which
is being abused in several instances by the charging of unregulated
excessive base rents and additional charges to mobile home park tenants;
and
E.
The Township Council finds the adoption of a chapter
having as its purpose the regulation, control and stabilization of
rents in mobile home parks will prevent further abuse and at the same
time insure the benefits of balanced housing and regulations achieved
by the licensing of mobile home parks and limitation of their number
and location; and
F.
The Township Council, under the statutory powers granted
to it to protect and preserve the health, safety and welfare of the
citizens of the Township of Howell and in furtherance of the statutorily
granted authority to regulate mobile home parks, deems it necessary
to enact this article and provide penalties for the violation of the
provisions thereof.
This article shall be known and cited as the
"Mobile Home Park Rent Stabilization Ordinance of the Township of
Howell."
As used in this article, the following terms
shall have the meanings indicated:
Fit for rental and habitation as defined by the statutes,
codes and ordinances in full force and effect in the State of New
Jersey, County of Monmouth and Township of Howell, and occupied or
unoccupied and offered for rent.
The lawful rent in effect for the mobile home and/or mobile
home park space on October 1, 1984, together with all subsequent base
rental increases granted by the Rent Control Board pursuant to this
article. The term "base rent" shall not include the cost of supplied
utilities or municipal service fees, nor shall it include any amounts
granted by the Rent Control Board for major capital improvements or
tax surcharges as defined in this article.
The gross maximum potential rent roll less a maximum deduction
of 1 1/2% for vacancies and uncollectibles, or the actual sum of rents
collected, whichever amount is larger, and includes all income resulting
directly or indirectly from the operation of a property or building,
including but not limited to, all rent received or collectible, all
earnings from commissions, vending machines, deductions from security
deposits, late fees, pet fees, parking fees, and any and all other
fees or income derived from operation of the rental premises.
The mobile home park operator, owner or other person leasing
a mobile home and/or a mobile home park space to a tenant.
Includes any written or oral agreement pursuant to which
any person is permitted to occupy a mobile home and/or a mobile home
park space.
A substantial addition to the mobile home park housing accommodations
such as would materially increase the rental value of the leased mobile
home and/or mobile home park space and which provides an additional
service or benefit to the residents of the park not previously accorded
them. The term does not include repairs or replacements which merely
maintain the mobile home park in efficient operating condition. In
determining whether a particular expenditure constitutes a major capital
improvement under this definition, the Rent Control Board shall consider
the following:
The nature of the improvement.
The extent and cost of the improvement.
The additional service or benefit to the mobile
home park and to the residents' enjoyment thereof gained as a result
of the improvement.
The degree of permanency of the improvement.
Whether the park owner depreciated the cost
of the improvement over the useful life of the object on his tax return.
Any lot or parcel of land and premises where the owner, lessee,
or other person having control thereof shall offer mobile homes or
sites for mobile homes on a rental or lease or other basis.
That portion of a mobile home park rented or offered for
rent for the purpose of parking a trailer or positioning a mobile
home 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 park 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 article.
That portion of a mobile home park for which spaces have
been approved to be built by license or variance but which at the
time in question remains unimproved and unavailable for rent.
That portion of a mobile home park available for rent and
which is occupied by a trailer or mobile home.
That portion of a mobile home park available for rent to
a trailer or mobile home which is unoccupied.
Gross maximized annual income less reasonable and necessary
operating expenses.
Any natural person, or any partnership, limited partnership,
joint venture, association or corporation or other entity.
The twelve-month period two years immediately preceding an
application to the Howell Township Rent Stabilization and Control
Board. The failure to apply for an increase calculated under this
article based upon the previous twelve-month period or previous year
shall constitute a waiver of any earlier increase that could have
been requested, and no increase shall be permitted for any period
beyond the previous twelve-month period or year preceding application
to the Howell Township Rent Stabilization and Control Board; provided,
further, that as to any assessment error for any previous year, the
foregoing shall not apply if the landlord brings an application for
a tax surcharge before the Howell Township Rent Stabilization and
Control Board within 30 days of being advised of such error by the
Howell Township Tax Assessor.
All valid expenses incurred and paid by a mobile home park
owner that were reasonably necessary for the operation of the park
during the period reflected in income computed in accordance with
the provisions and limitations of this article. In computing reasonable
and necessary operating expenses the following limitations shall apply
in all cases:
Expenses incurred by the sales of new or used
mobile homes shall not constitute a reasonable and necessary operating
expense.
Operating expenses shall not include fines,
penalties, mortgage amortization (principal) payments, mortgage interest
payments or depreciation.
Taxes shall be limited to amounts actually paid,
including those paid in escrow pending appeal. Taxes shall not include
the park owner's real estate taxes on his personal residence(s).
Repairs and maintenance expenses shall not include
expenditures for major capital improvements as defined in this article.
Unusual or extraordinary expenses for repairs and maintenance shall
be prorated over the time period that the particular expense is not
expected to re-occur, not to exceed five years.
Purchase costs for new equipment not qualifying
as a major capital improvement under this article shall be prorated
over the useful life of the item.
Professional fees, including legal and accounting
expenses, shall be limited to actual costs for the day-to-day operation
of the park.
Management expenses shall be limited to actual
services performed and paid for, including the resident manager's
salary, telephone expenses, postage, office supplies, stationery and
the value of the resident manager's mobile home site if said value
is included in gross income. In the case of self-management by a park
owner performing management duties from an on-site personal residence,
management expenses shall be allocated between monies expended in
the operation of the park and monies expended for the park owner's
personal and household expenses. In no event shall a fee for management
services exceed 5% of gross income.
Any reimbursement received by or credited to a landlord for
any tax or utility charge paid by or assessed against him in connection
with the operation of a mobile home park, or any reduction in the
amount of any tax or utility charge or assessment a landlord is required
to pay in connection with the operation of a mobile home park.
Includes any charge or charges made, fixed, demanded or charged
for the use or occupancy of a mobile home or mobile home park space,
whether or not commonly known as rent, be it for a landlord or tenant-owned
mobile home.
The reconstruction or renewal of any part of an existing
mobile home park for the purpose of its maintenance.
Mailing to the home address by certified mail, return receipt
requested, or in-hand delivery certified to by affidavit, or an acknowledgment
of service executed by the person served, which affidavit or acknowledgment
of service must be retained in the records of the person causing service.
Trash removal, fuel, electrical, water and sewer services
supplied directly to the individual mobile home, and not to the common
areas of the park, for which services the landlord is responsible
to the supplier for payment.
An individual who rents and/or occupies a mobile home and/or
mobile home park space.
A.
Establishment of rents between a landlord and a tenant
to whom this article is applicable shall hereafter be determined by
the following provisions:
(1)
At the expiration of the tenancy for a mobile home
or mobile home space, no landlord may request or receive any increase
in the rental income and additional space from any tenant, new or
continuing, which is greater than a combination of the following:
(a)
Any increased cost to the landlord for supplied
utilities.
(b)
Any increased cost to the landlord in mobile
home space fees or license fee charges by the Township of Howell pursuant
to any duly adopted ordinance, prorated amongst occupied spaces in
the mobile home park concerned.
(c)
An amount not to exceed 5% of the previous twelve-month base rent for the mobile home space. The percentage allowable increase calculated hereunder shall be applied to the tenant's existing base rent. A hearing shall be required as to this increase as provided for hereinafter, at which time the landlord shall present specific reasons supported by any data or information he chooses to present to support his request for an increase under this Subsection A(1)(c). Specific reasons shall include, but not be limited to, any increase in the annual consumer price index.
(2)
Any new or continuing tenant at the termination of
a tenancy shall not suffer or be caused to pay any rent increase for
the mobile home or mobile home space in any twelve-month period which
exceeds the above permitted increase for the twelve-month period.
B.
No landlord may request or receive of the tenants any increase in rental income or additional charges except as provided by this section until such time as the landlord shall have obtained approval in writing from the Rent Control Board, as hereinafter established, for said increase. Furthermore, there shall be only one increase granted per landlord per mobile home park per calendar year for any of the increases permitted by this section. The landlord shall notify the Rent Control Board in writing at least 60 days prior to the effective date of any increase proposed pursuant to the provisions of this article. At the same time, a copy of said notice shall be served upon any tenant who may be affected by the increase applied for. Upon receipt of said notice, and where the increase sought is based on the terms of Subsection A(1)(a) or (c) herein, the Rent Control Board shall schedule a hearing on said increase, and the landlord shall post, in a conspicuous place in or about the park, a notice of said hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon the terms of Subsection A(1)(b) herein, no hearing shall be scheduled, and the increase shall become effective on the date specified in said notice, if all other applicable provisions of this article are complied with. Said notice as it applies to increases under Subsection A(1)(a) or (c) herein shall contain all the following information:
(1)
Name, address and telephone number of landlord and
of his legal counsel, if any.
(2)
Name, address and telephone number of managing agent
and superintendent.
(3)
Address of mobile home or trailer units and tenants
affected.
(4)
Base twelve-month rental figure with reference to
which increase shall be computed.
(5)
Calculations of the increases in rent expressed both
in terms of dollars and cents and in terms of percentage increase.
(6)
A certification that a copy of the aforesaid notice
has been served upon each tenant named in said notice along with a
statement that the tenant may make application to the Board to review
the proposed rental increase. At the same time that the Board is thus
notified, a copy of said notice shall be served to any tenant who
may be affected by the increase applied for. Adequate proof of service,
which shall be in affidavit form, shall be filed by the landlord with
the secretary of the Board.
A.
Notwithstanding any other provisions of this article,
when a mobile home space or mobile home unit rented and occupied subject
to the provisions of this article is voluntarily vacated by a tenant
or is involuntarily vacated pursuant to an eviction order entered
by a court of competent jurisdiction, the landlord may charge as the
initial rent paid by a new tenant an amount not to exceed the total
of the rent paid by the tenant who vacated the space or unit plus
an amount not to exceed 5% of the base rent charged the previous tenant
who has vacated. No hearing for this rental adjustment shall be required
to be held by the Rent Control Board prior to its taking effect, but
written notice of this adjustment shall be filed with the Board within
10 days of occupancy by the new tenant. The notice shall set forth
the name and address of the new tenant, the rent charged to the previous
tenant and the initial rent to be paid by the new tenant. After the
initial rent for a new tenant is established in accordance with the
provisions of this subsection, all further rental increases or adjustments
for this tenant shall be subject to the provisions of this article.
There shall be only one such adjustment in rent pursuant to the provisions
of this subsection in any twelve-month period.
B.
Nothing herein shall prevent a landlord from submitting
a written application to the Rent Control Board to seek a further
adjustment to the initial rent that will be charged the new tenant
on the basis that the rent as adjusted hereinabove will not reflect
the total rent charged for a comparable space or unit offering the
same services unregulated by a rent stabilization ordinance or regulation.
Such an application shall require a hearing before the Rent Control
Board with written notice thereof being provided to the new tenant.
No further adjustment shall take effect without the approval of the
Board following the hearing. At the time the application is filed,
the landlord shall also file with the Board a written acknowledgement
witnessed, signed and dated by the new tenant, prior to the commencement
of the tenancy, indicating that the tenant has been advised of the
new rent without this further adjustment and the rent proposed to
be charged if this adjustment is approved and that the tenant has
been further advised by the landlord that such an application for
a further adjustment is being filed with the Board. Failure to provide
this acknowledgement shall result in the application being dismissed,
with prejudice. The application shall be filed with the Board within
30 days of the commencement of the new tenancy, and thereafter shall
be barred. The Board shall schedule a hearing and render its decision
within 30 days of the signing of the application, with any further
adjustment granted being retroactive to the date of the application
(with any retroactive adjustment payable, at the Board's option, in
installments prospectively). If a further adjustment is granted, all
further rental increases or adjustments for the new tenant shall be
subject to the provisions of this article.
C.
If the Rent Control Board determines on the basis
of a complaint or information it has received, and following an investigation
or review, that there is probable cause to conclude that a vacancy
resulting in a rental adjustment or adjustments under this subsection
was obtained on the basis of coercion or other misconduct by the landlord,
it shall schedule a hearing on 10 days' written notice to the landlord
to consider whether the adjustment or adjustments should be rolled
back as the evidence, including sworn testimony, shall warrant. If
the Board finally concludes that the vacancy has resulted from the
misconduct of the landlord, the Board shall void all adjustments in
rental charges made under the provisions of this subsection retroactive
to the date they were imposed, with any retroactive readjustments
reflected in installments as further reductions in prospective monthly
rental payments by the affected tenant or tenants. No adjustment or
adjustments imposed by a landlord or approved by the Board shall be
challenged or rollbacks after one year from the date of the imposition
or approval.
D.
For the purpose of enforcing this section and all
other provisions of this article and this chapter, there is hereby
created the office of Mobile Home Compliance Officer in the Police
Department, the head of which shall be designated by the Chief of
Police with the consent of the Township Council.
Rent increases, as authorized by this article,
may be allowed only if the mobile home park substantially complies
with all existing state, county and local codes.
Where a mobile home park or any part thereof
is being operated in violation of municipal codes and where such violation
adversely affects habitability, any affected tenant(s) may apply to
the Board for a reasonable reduction in rent, commensurate with any
such effect on habitability; whereupon, the Board shall duly notify
the landlord and schedule the matter for a hearing. If, as a result
of such a hearing, the Board determines that a violation of a municipal
code exists and that such violation affects habitability, it may grant
a reasonable reduction in rent to the affected tenant, which rent
shall remain in effect until the landlord corrects the said violation(s).
Any rental income or additional charge increase
at a time other than at the expiration of a tenancy or termination
of a periodic tenancy shall be void, except where approved by the
Board in accordance with the provisions of this article. Any rental
income of additional charge increase in excess of that authorized
by the provisions of this article shall be void. Periodic tenancy
for the purposes of this article shall mean a tenancy that continues
from month to month or other recurring period until terminated by
landlord or tenant as provided by law.
A tenant shall be entitled to a rent reduction
from a landlord because of a decrease in the municipal property taxes
or cost of supplied utilities or any decrease in space fees or license
fees charged by the municipality. The reduction shall not exceed that
amount authorized by the following provisions:
A.
Where the decrease consists of a decrease in the municipal
property tax due to aid received from the State Aid for Schools Fund
and where said decrease is subject to the provisions of Chapter 63,
P.L. 1976 (N.J.S.A. 54:4-62 et seq.), as may be amended from time
to time, the landlord shall make such rebate upon such terms as Chapter
63, P.L. 1976, provides.
B.
Where the decrease consists of a decrease in the municipal property tax other than that decrease provided for Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of completed mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing September 1 of each year. Any tenant entitled to a rent decrease hereunder shall be served with a notice of the calculations involved in computing such reduction and the effective date of such reduction.
C.
Where the decrease consists of a decrease in the cost
of supplied utilities, space fees or license fees, the landlord shall
divide the decrease in the present cost of supplied utilities, space
fees or license fees over the cost of supplied utilities, space fees
or license fees of the previous year by the total number of completed
mobile home spaces in the mobile home park to obtain the decrease
per space. The decrease each tenant is entitled to shall be a credit
to rent in 12 monthly installments commencing from the effective date
of said reduction. Any tenant entitled to a rent decrease hereunder
shall be served with a notice by the landlord of the calculations
involved in computing such reduction and the effective date of such
reduction.
[Amended 5-24-2011 by Ord. No. O-11-12]
A landlord shall be entitled to a rent surcharge
for any increase in municipal property taxes and sewer rates. Any
landlord seeking a surcharge for property taxes and sewer rates shall
serve the tenants with a notice at least 30 days prior to the date
on which said surcharge is to be effective, of the calculations involved,
include the property tax and sewer rates for the mobile home park
for the year immediately preceding the year for which the tax surcharge
and sewer rate is sought, and the increase in the present tax and
sewer rate over the tax and sewer rate for the preceding year divided
by the total number of completed mobile home spaces in the mobile
home park. The tax surcharge each tenant is liable for shall be paid
in 12 monthly installments commencing September 1 of each year. The
sewer charge each tenant is liable for shall be paid in 12 monthly
installments commencing 30 days after the landlord is notified of
the increase.
A.
In the event a municipal property tax appeal is taken
by the landlord and the landlord is successful in said appeal and
the taxes reduced, the tenants involved shall receive 50% of said
reduction after the landlord's costs of securing said tax reduction
have been deducted. The landlord shall receive the remaining benefits
of the tax reduction. Thereafter, in succeeding years, the benefit
of such successful tax appeal shall be divided evenly between the
tenants and the landlord.
B.
Any such successful landlord shall serve the tenants,
within 30 days after receipt of the judgement, with a notice of the
calculations involved, including an itemization of the costs of securing
said reduction and the reduction each tenant is entitled to, determined
by dividing 1/2 of the remainder of the amount of said tax reduction
by the number of completed mobile home spaces in the mobile home park.
A.
Hardship. It is expressly recognized that an efficient
landlord is entitled to a just and reasonable rate of return from
his property. To that end, a landlord is permitted to make application
to the Board for rental increases on the basis that rents allowed
by this article prevent the landlord from receiving a just and reasonable
rate of return. Such rental increases shall be allowed on the basis
of the formula set forth in this provision. Upon application duly
made pursuant to the requirements of this article, the Board may grant
a park owner a rental increase upon his showing that his reasonable
operating expenses for his last full fiscal year exceeded 60% of his
gross maximized annual income (60/40 rule). If the Board is satisfied
that such a showing has been established, then the Board may grant
a rental increase sufficient to restore reasonable and necessary operating
expenses to 60% of the gross maximized annual income.
(1)
Application requirements. In any application under
this section, the owner shall, in addition to these requirements mandated
by other sections of this article, specifically certify:
(2)
The park owner shall make application to the Board,
together with all necessary certifications, and shall further certify
that the landlord is not earning a just and reasonable return pursuant
to the formula set forth herein. The application shall include the
amount of increase and percentage of increase requested, together
with detailed statements of income and expenses for the past two complete
fiscal years and must be filed within 90 days of the close of the
last fiscal year included in the application. At the time of application
the landlord shall notify all tenants affected, in writing, that an
application is being made and shall serve a copy of the application
upon each tenant. The owner shall also make available to the tenants
and the Board, at reasonable times at the park office, all records
and books supporting the application. If at any time during the course
of consideration of an increase pursuant to the provisions of this
section the Board shall determine that a landlord is not in substantial
compliance with any or all of the above requirements, the Board may
temporarily withhold further consideration of the application for
an increase until such time as the landlord has corrected any such
deficiency and may thereafter delay the effective date of any increase
as a result thereof.
(3)
Prior to the hearing by the Board on an application
under this section, the owner shall serve upon each tenant, and shall
post in a conspicuous place in or about the mobile home park a notice
of said application setting forth the basis for said application and
the date, time and location of the formal hearing. Said notice must
be served and posted at least 10 days prior to the proposed date of
the formal hearing.
(4)
In order to provide the Board with sufficient time
to review the required financial data and schedule a hearing, it is
required that an applicant submit an application for a rental increase
under this section at least 90 days prior to the effective date of
the proposed rental increase.
(5)
The most recent current rents being charged by a landlord
on uncontrolled rental homes and/or spaces are admissible in evidence
against such owner at any hearings held in connection with the applications
for rental increases under this section, and such rents create a rebuttable
presumption that the charging of the same rent on all rental homes
and/or spaces would provide the owner with the sufficient funds to
pay all reasonable and necessary operating and maintenance expenses
and provide the permitted rate of return.
(6)
No owner shall be permitted to receive an increase
under this section until such time as the owner has owned and operated
the mobile home park for a period of 12 months.
(7)
Increases authorized under this section shall be based
only on financial information of park operation for the fiscal month
period which ended immediately prior to the date of application under
this section. Losses carried over from prior years or unrealized income
for prior years shall not be included in computing interest under
this section, except for second year or subsequent year losses incurred
as a result of rental agreements exceeding one year.
(8)
Except for second year or subsequent year losses incurred
as a result of rental agreements exceeding one year, no rental increase
may be obtained by an owner under any provision of this section to
cover operating losses resulting from the failure of the owner to
either apply for or obtain rental increases or surcharges under this
section. The failure of the owner to either apply for or obtain such
rental increases or surcharges within three months of the close of
the fiscal year in which the operating losses are incurred or in which
the reasonable rate of return is not realized or the owner's charging
of such insufficient rents during the fiscal year shall be deemed
a waiver of the owner's right to such additional rents or surcharges.
B.
Major capital improvements.
(1)
An owner may apply to the Board for additional rental
charges for the payment of the reasonable cost of major capital improvements.
(a)
An owner seeking additional rent for a major
capital improvement shall apply within six months of the completion
of said capital improvement for said additional rent to the Board,
which shall determine, after the landlord has served notice to the
affected tenants of a hearing date, if said improvement is a major
capital improvement and, if so, the amount of the increase granted
for such major improvement, and which shall establish the term and
conditions of such increase.
(b)
Exception. An owner seeking additional rent
for a major capital improvement may apply to the Board for prior approval
of said capital improvement and additional rent. If the Board determines
that approval is to be granted, and subject to all requirements of
this article, said owner may proceed with said major capital improvement.
In no instance may an owner impose additional rent for said capital
improvement until such time as the improvement has been completed
and the Board has determined that all requirements of this article
and the Board's terms and conditions have been complied with in full.
(2)
At least 10 days prior to the hearing by the Board
on an application for additional rental charges under this section,
the owner shall serve upon the tenants, and shall post in a conspicuous
place in or about the mobile home park, a notice of the application
setting forth the date, time and location of the hearing and setting
forth the total cost of the completed capital improvement, the number
of useful years of life of the improvement using the straight-line
method and as claimed by the landlord for purposes of depreciation
for income tax purpose, the average cost, including debt service,
of the improvement (calculated by dividing the cost of the major improvement
by the total number of completed mobile home spaces in the mobile
home park) and the capital improvement increase he is seeking from
each tenant.
(3)
Following a hearing, the Board may grant to the owner
an additional rental charge under this section for a specific period
of time after considering the proofs presented by the owner. If said
increase is granted, it shall not be considered rental income and
shall not be used in calculating allowable increases as otherwise
set forth in this article. Any increase granted by authority of this
section shall be paid over the period of the actual useful life of
the completed capital improvement. In any event, no increase granted
by this section shall exceed 10% of the tenant's rental income, unless
said increase or capital improvement is mandated by law.
(4)
In order to provide the Board with sufficient time
to review the required financial data and schedule a hearing, it is
required that an applicant file an application for additional rental
charges under this section at least 90 days prior to the effective
date of the proposed additional rental charges.
(5)
Where a proposed major capital improvement exceeds
$50,000 in cost and said capital improvement is not required by any
law, ordinance or regulation, the tenants may disapprove the making
of such capital improvement by a simple majority of those tenants
who actually vote on such proposal on the basis of one vote per occupied
mobile home, all tenants having been given an opportunity to vote
thereon.
(6)
The cost of expanding or enlarging the mobile home
park or a section thereof shall not be borne by the tenants or utilized
in computing additional rental charges under this section.
C.
Additional requirements. In connection with any application for rental increases or charged under Subsections A and B, and in addition to any other requirements contained in those subsections, the owner of the mobile home park shall serve on each individual tenant, within 10 days of the filing of such application, a summary of the basis for the rental increase, a statement of the amount of the proposed increase and its effective date, and a statement breaking down the existing and proposed rent among property taxes, license fees, tax surcharges, if any, capital improvement charges, if any, operating expenses and just and reasonable return totaling the amount of rent currently paid and proposed to be paid by the tenant. In addition, as to applications filed under Subsection B of this section, the notice shall include the information required by Subsection B(2). Said notice shall be served on individual tenants in accordance with the definition of "service" in § 204-3.
A.
B.
The financial statements, data and information which are required to be submitted shall be based upon financial data and information which is sworn to and verified by the park owner who has actual knowledge of the income, expenses and operations of the park, and in the case of applications under § 204-12A, said financial statements shall be prepared, itemized and signed by a certified public accountant licensed by the State of New Jersey, Division of Consumer Affairs. Each financial statement, or other financial data, shall be accompanied by a written statement executed by the certified or licensed public accountant indicating that he or she has examined and reviewed the financial data and information, that they are true, accurate and correct, and that they reflect the actual financial condition of the park for the period shown. Any person who willfully and intentionally submits or supplies false figures, makes gross misrepresentations or misstates such factual acts or material required by this article to obtain any rental increase whatsoever shall be considered acting to defraud such tenants.
A.
There is hereby created a rent stabilization and control
board within the Township. The Board shall consist of five regular
members of whom one shall be a mobile home park owner and one a tenant
of a mobile home park. None of the remaining three members shall be
either a mobile home park owner or a tenant of a mobile home park.
All members shall be residents of Howell Township and shall be appointed
by the Township Council. The Chairman shall be chosen by the Township
Council from among the non-landlord/tenant members; the Board shall
designate its own Vice Chairman to serve when needed as the Acting
Chairman.
B.
All members shall serve, commencing with their initial appointments,
terms of one year, two years and three years, respectively, and thereafter
terms of three years or until expiration of this article, whichever
event shall first occur. Each of the said terms shall be deemed to
commence on the first day of January of the year of their respective
appointments. There shall be four alternates appointed by the Township
Council to serve in the absence or disqualification of a corresponding
regular member of the Board, one of whom shall be a mobile home park
owner and one a tenant of a mobile home park, but neither alternate
landlord nor tenant members of the Board shall be of the same mobile
home park as a regular member. In the absence, disability, or disqualification
of a landlord or tenant regular member or alternate, a public alternate
member not required to serve as an alternate to a regular public member
may serve as a landlord or tenant alternate member as needed and designated
by the Chairman for any hearings of the Board required under this
article. The four alternates shall be appointed annually by the Township
Council. Vacancies shall be filled for the balance of the terms.
[Amended 1-24-2012 by Ord. No. O-12-01]
C.
The members of the Board shall serve without compensation. The Board
shall have available to it such clerical, legal and auditing services
as are budgeted annually by the Township Council. Legal counsel shall
be assigned as needed by the Township Attorney. No member shall vote
upon or enter into discussions as to any matter in which he has a
direct or indirect interest, financial or otherwise.
[Amended 1-24-2012 by Ord. No. O-12-01]
A.
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 article, including but not limited to the following:
(1)
To adopt such rules and regulations including bylaws
as it deems necessary for its own government not inconsistent with
this article or with law.
(2)
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this article, such
rules and regulations being subject to the approval of the Township
Council.
(3)
To supply information and assistance to landlords
and tenants to assist them in complying with the provisions of this
article.
(4)
To hold hearings and adjudicate applications from
landlords for additional rental income or charges as hereinafter provided.
(5)
To hold hearings and adjudicate applications from
tenants for reduced rental income or charges as herein provided.
(6)
To administer oaths, examine witnesses and by subpoena
to compel the attendance and the testimony of witnesses and the production
of books, papers, documents or tangible things, pursuant to the provisions
of the County and Municipal Investigation Law (N.J.S.A. 2A:67A-1 et
seq.).
B.
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.
It shall be further provided that an application to restore a rental
payment previously reduced by the Board under this article shall only
be approved upon the presentation of clear, convincing evidence that
required remedial action was taken and that the rent restoration requested
is warranted in whole or in part. The Board shall render a written
decision within 30 days after the close of hearings. The Board shall
maintain minutes of its hearing and/or meetings. The Board shall be
required to specify those facts and reasons upon which it bases any
decision.
A.
Both a landlord and tenant may appeal, in writing,
the decision or findings of the Board to a court of competent jurisdiction
within the time provided by court rule for the taking of such appeals.
B.
Any tenant may appeal to the Board any calculation
made by the landlord, or failure to make a calculation, pursuant to
the provisions of this article.
A.
During the term of this article, the landlord shall
maintain the same standards of service, maintenance and equipment
in the mobile home park and/or mobile home or mobile home spaces as
he provided or was required to do by law or lease, written or oral,
as of the date the tenancy was entered into.
B.
Where the landlord fails to maintain such standards
any tenant may appeal to the Board for a reasonable reduction in rent,
commensurate with such failure by the landlord. Whereupon the Board
shall duly notify the landlord and schedule the matter for a hearing.
If a result of such a hearing, a reasonable reduction in rent is granted,
it shall remain in effect until the landlord proves the standards
are being maintained.
A.
No arrangement between a landlord and an individual
tenant purporting to waive any provision of this article shall be
of any force and effect, and all such an arrangements are hereby declared
to be against public policy and are void.
B.
Exception. Where the owner of a mobile home park and
the tenants thereof agree to a negotiated settlement of rents by a
simple majority of those tenants who actually vote on such negotiated
settlement, on the basis of one vote per occupied mobile home, all
tenants having been given an opportunity to vote thereon, such negotiated
settlement shall have the effect of authorizing the owner to increase
rentals for all mobile home park rental spaces, provided that at least
a majority of all occupied mobile homes vote in favor of such negotiated
settlement. Such negotiated settlements shall take effect in accordance
with the terms and conditions thereof, and a copy of any such negotiated
settlement shall be filed with and approved by the Rent Leveling Board
of the Township.[1]
[1]
Editor's Note: Original § 24-18,
Payment of taxes and fees prior to increases, was repealed by Ord.
No. O-91-42.
In any application or applications, or any portion or portions thereof, for a rent increase in any twelve-month period, under § 204-12A or B, the Board shall consider the economic and financial hardship imposed on the tenant or tenants to which such increase or increases shall apply. The Board may order that the rent increase or increases be denied, in whole or in part, modified or implemented on a scheduled or staggered basis as the Board shall determine. This section may only be implemented upon the claim of a tenant or tenants to be affected by the rent increase application or applications that they will suffer unreasonably severe financial or economic hardship if the application or applications are granted, in whole or in part, and the burden of proof in establishing any unreasonably severe financial or economic hardship shall be on the tenant or tenants making such claim or claims. Nothing contained in this section shall be deemed to permit or require the denial of a just and reasonable rate of return under § 204-12A as determined by the Board.
A.
All chapters and parts of chapters inconsistent or
in conflict herewith are hereby repealed to the extent of such inconsistency
or conflict.
B.
This article shall take effect immediately after final
passage and publication as required by law and shall remain in full
force and effect until a resolution for its repeal is introduced and
adopted by the Township Council.
A willful violation of any provisions of this
article or of a final decision or order of the Board, including but
not limited to the willful filing with the Board of any material misstatement
of fact, shall be punishable by a fine of not more than $500 or imprisonment
for not more than 90 days, or both in the discretion of the court,
for each day the violation continues. A violation affecting more than
one mobile home space shall be considered a separate violation as
to each mobile home space.
