Township of Old Bridge, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing — See Ch. 235.
Multiple dwellings — See Ch. 290.
Article I Rent Stabilization

§ 388-1 Definitions.

§ 388-2 Establishment of rents.

§ 388-3 Fees on washing machines.

§ 388-3.1 Fees on satellite dishes.

§ 388-4 Fees on keeping dogs.

§ 388-5 Security deposits.

§ 388-6 Fees on keys.

§ 388-7 Automatic rent increase for tax increase; tenant tax rebates.

§ 388-8 Real estate tax rebate.

§ 388-9 Rent Stabilization Board.

§ 388-10 Registration.

§ 388-11 Fees relating to condominium conversion.

§ 388-12 Exempt dwellings.

§ 388-13 Maintenance of standards.

§ 388-14 Tenant protection.

§ 388-15 Substantial reduction in privileges or services.

§ 388-16 Violations and penalties.

§ 388-17 Review of ordinances.

§ 388-18 Care and keeping of animals.

§ 388-19 Miscellaneous.

§ 388-20 Appeal.

§ 388-21 Identification of apartment complex personnel.

§ 388-22 Tenant late charges.

§ 388-23 Standing of and intervention by interested parties into proceedings of Board.

§ 388-24 Availability of apartments for repairs.

Article II Mobile Home Rent Stabilization

§ 388-25 Definitions.

§ 388-26 Determination of rents.

§ 388-27 Application for reduction in rent upon violation.

§ 388-28 Timing of increases; excess increases.

§ 388-29 Reasons for rent reduction; procedure.

§ 388-30 Tax surcharges.

§ 388-31 Tax appeals.

§ 388-32 Capital improvements.

§ 388-33 Hardship rent increases.

§ 388-34 Standards of service.

§ 388-35 Violations and penalties.

§ 388-36 Tenant protection.

§ 388-37 Registration.

[Adopted by Ord. No. D-180 (Ch. XIA of the 1973 Revised General Ordinances)]

§ 388-1 Definitions.

[Amended 12-16-1985 by Ord. No. 57-85]
The following words and phrases shall have, for the purposes of this article, meanings as set forth herein:
AVAILABLE FOR RENT TO TENANT
Fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Middlesex, Township of Old Bridge and occupied or unoccupied and offered for rent or rented.
CAPITAL IMPROVEMENT
A permanent improvement that is reasonably expected to last more than one year. Improvement may benefit the dwelling and must be subject to an allowance for depreciation under federal income tax provisions. The term "capital improvement" shall not be applicable if the improvement is merely for replacement, repair, rehabilitation or mandated by law.
COMPLEX
Includes all housing units advertised as available for rent to tenants under the same management and trading under the same name.
CPI
The Consumer Price Index (all items) for that region of the New York-Northeastern New Jersey area in which the Township of Old Bridge is included, which index is periodically published by the Bureau of Labor Statistics of the United States Department of Labor.
DWELLING SPACE
Includes that portion of a housing space rented or offered for rent for living purposes to an individual or family unit. Recreation rooms in the basement shall be considered living space for the purpose of determining surcharges or rebates.
ENERGY EMERGENCY
Any month in which the increase of the energy portion of the CPI constitutes over 50% of the total increase in the CPI for that month an energy emergency shall be declared.
A. 
The prevailing rental applicable to each dwelling unit in the Township as of October 18, 1976, and as may be increased in accordance with this article.
B. 
Increases.
(1) 
For those tenants who received a rent increase during the first six months of 1976, the fair rental shall be the prevailing rate on October 18, 1976, and may be increased in accordance with this article.
(2) 
For those tenants who did not receive a rent increase during the first nine months of 1976 but who received a rent increase after October 18, 1976, and before March 2, 1977, the fair rental shall be the prevailing rate on October 18, 1976, plus the average rent increase given during the first nine months of 1976 for that type of dwelling unit, and may be increased in accordance with the provisions of this article.
(3) 
For all other tenants, the fair rental shall be the prevailing rental on October 18, 1976, and may be increased in accordance with this article.
HOUSING SPACE
Includes any building or structure or trailer or land used as a trailer park, rented or offered for rent to one or more tenants or family units, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
JUST CAUSE
For eviction, shall mean that the landlord recovered possession of a housing space or dwelling for one of the reasons outlined in N.J.S.A. 2A:18-53, as amended.
LANDLORD
Includes any person, firm, partnership, association, corporation or other entity and any officer, agent or employee or any of the foregoing which is the owner, rental agent, manager or otherwise has authority to rent any rental unit to a tenant.
PERIODIC TENANCY
A tenancy that continues from month to month or other recurring period until terminated by the landlord or tenant as provided by law. Month-to-month tenants are included under this article and shall be entitled to the same protection as tenants under written leases.
RENT
The amount of valuable consideration payable by the tenant to the landlord for letting or subletting of a dwelling unit.
SENIOR CITIZEN
A person 60 years of age or older as defined under the Title 111 Americans Act of 1965.
SERVICE
The provision of light, heat, hot water, maintenance, bathing, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any living space or covered under the state and municipal code.

§ 388-2 Establishment of rents.

A. 
Percentage of increase.
[Amended 12-11-1978 by Ord. No. D-254; 4-24-1980 by Ord. No. D-304; 3-21-1983 by Ord. No. 10-83; 4-18-1984 by Ord. No. 8B-84]
(1) 
The fair rental, as defined above, may not be increased at the expiration of a lease or at the termination of a periodic tenancy of not less than one year (12 months), except as set forth herein. A landlord shall not request or receive from a tenant nor increase rents a percentage increase in rent which is greater than 3% of the existing rent. Any real estate taxes being passed on to a tenant shall not be included in the above increases. A landlord shall not request or receive the percentage increase more than once every twelve-month period for any dwelling unit. The within section shall be reviewed annually by the Township Council.
[Amended 4-15-1985 by Ord. No. 17-85; 5-18-1987 by Ord. No. 21-87; 5-16-1988 by Ord. No. 14-88]
(2) 
Any rental increase at a time other than at the expiration of a lease or the termination of a period tenancy of not less than one year (12 months) shall be void.
(3) 
The terms and provisions of this article as pertains to rent increases only shall not be applicable to any new lease entered between June 1, 2006 to May 31, 2010. Rent control shall apply to any renewal, extension or amendment of any lease now or thereafter in effect. The percentage increase at renewal for units covered by rent control shall not exceed 2% per year. The Township Council may review said increase on an annual basis based upon the recommendation of the Fair Rent Committee.
[Added 5-16-1988 by Ord. No. 14-88; amended 5-18-1992 by Ord. No. 20-92[1]; 5-13-1996 by Ord. No. 21-96; 2-9-1998 by Ord. No. 12-98; 8-12-2002 by Ord. No. 40-02; 5-8-2006 by Ord. No. 19-2006]
[1]
Editor's Note: This ordinance also provided for the renewal of this section.
(4) 
No landlord shall be entitled to the percentage of increase set forth in Subsection A(1) above unless said landlord has complied with all disclosure requirements set forth in the Code of the Township of Old Bridge, including but not limited to this article. It shall be a further, additional and separate violation of the Code of the Township of Old Bridge for any landlord who may fail to provide any certified statements that may be required by either the Tax Assessor and/or Rent Stabilization Board of the Township of Old Bridge as well as any other board, agency or commission for which disclosure is required.
[Added 5-16-1988 by Ord. No. 14-88]
B. 
Discontinuance of services. Any rental increase in excess of the sum authorized by the provisions of this article shall be void. During the time of this article, every landlord shall maintain the same standard of service, maintenance, furniture, furnishings or equipment in the housing spaces and dwelling units the landlord provided or was requested to provide by law or lease as of the date of this article. A discontinuance of any service shall be considered a rental increase by the Board. Any discontinuance of service must be submitted to the Rent Stabilization Board for approval and possible reduction in rent. Landlord shall be required to notify all tenants of any approved changes.
[Amended 4-24-1980 by Ord. No. D-304; 12-16-85 by Ord. No. 57-85]
C. 
Applications for increases. There shall be a separate application for each type of dwelling unit by complex. In support of an application to the Rent Board, the owner or landlord shall make all books and records applicable to the operation of the dwelling unit available to the Board and the specific tenant affected.
D. 
Notices to tenants. Prior to any application under this section, the landlord shall serve upon each tenant, by registered or certified mail or personal service, a notice of application filing, setting forth the basis for said application, the amount of the allowable rental increase, the allowable percentage increase applied for with respect to that tenant and the calculations involved in computing the increase, including the consumer price index, 120 days before the expiration of the lease. A sample copy of such notice shall be filed with the application of the landlord, together with an affidavit or certifications of service of notice of application upon each tenant in the event the certified or registered mail is not received in 10 days. Notice by regular mail or personal service shall be made by the landlord or his agent.
[Amended 12-11-1978 by Ord. No. D-254]

§ 388-3 Fees on washing machines.

[Added 9-15-1980 by Ord. No. D-318]
No landlord shall charge a fee to any tenant for each washing machine and dryer which said tenant has in his apartment.

§ 388-3.1 Fees on satellite dishes.

[Added 5-22-2006 by Ord. No. 25-2006]
No landlord shall charge a separate fee or security deposit to any tenant for the installation or removal of a satellite dish.

§ 388-4 Fees on keeping dogs.

[Added 9-15-1980 by Ord. No. D-318; amended 12-5-1983 by Ord. No. 29-83]
No landlord shall charge a fee to any tenant in excess of $10 per month for each dog kept by a tenant.

§ 388-5 Security deposits.

[Added 2-16-1982 by Ord. No. 2-82]
Whenever money is collected by the landlord as a security deposit for the performance of anything, or to be held as a security against the happening of any event, even though said deposit is not of the type referred to in N.J.S.A. 46:8-19 et seq., said deposit shall be treated by the landlord as though it were a deposit provided for under N.J.S.A. 46:8-19 et seq., and all provisions of N.J.S.A. 46:8-19 et seq. shall apply to said deposits as though they were set forth at length in this section.

§ 388-6 Fees on keys.

[Added 11-15-1982 by Ord. No. 23-82]
No landlord shall charge a separate key deposit to any tenant.[1]
[1]
Editor's Note: Former Sec. 11A-3, Tax surcharge, as amended 12-16-1985 by Ord. No. 57-85, which previously followed this section, was repealed 5-21-1990 by Ord. No. 14-90.

§ 388-7 Automatic rent increase for tax increase; tenant tax rebates.

[Added 10-10-2000 by Ord. No. 42-00]
A. 
Tax increase. A landlord shall receive an automatic increase in the amount of rent upon an increase in the amount of property tax levied upon the property which is in effect for the base year and current year. The landlord shall divide the increase in amount of rent over the property tax of the previous year by the number of square feet in the dwelling to obtain the rent increase per square foot. The tenant shall not be liable for a rent increase exceeding the tax increase per square foot multiplied by the number of feet occupied by the tenant.
B. 
Notice to tenant of tax increase. The landlord shall notify the tenant of the automatic increase in the amount of rent by certified mail return receipt requested of the calculation involved in computing the rent increase, including the present property tax for the dwelling, the property tax for the dwelling the previous year, the number of square feet in the dwelling, the increase per square foot, the number of square feet occupied by the tenant and the maximum allowed rent increase.
C. 
Payment of rent increase. The rent increase each tenant is liable for shall be paid in 12 monthly payments commencing July 1 of each year.
D. 
Automatic increase in rent. The automatic increase shall not be considered rent for purposes of computing rental increases as provided for in this article.

§ 388-8 Real estate tax rebate.

A. 
Rebates on tax appeals.
[Amended 12-5-1983 by Ord. No. 29-83; 12-16-1985 by Ord. No. 57-85]
(1) 
In the event that a tax appeal is taken and the landlord is successful in the appeal and taxes are reduced and a rebate made to the landlord, the tenants shall receive 100% of all such reductions as applied pro rata to each tenant's living space so leased. The landlord shall be entitled to deduct from said reduction amount all reasonable and necessary expenses incurred in connection with the appeal. Prior to deducting these expenses, the landlord must submit to the Rent Stabilization Board proof of each expense for which a deduction is sought for Board approval. The net rebate or reduction to be paid to each tenant shall be deemed to be held in trust for the tenants, and the full pro rata amount of the rebate or reduction shall be credited to the account of each such tenant and returned to him by cash payment by check within 30 days of receipt of money by the landlord. In the event that the landlord does not return the proportionate share of the rebate to the tenant within said thirty-day period, a tenant shall be entitled to twice the net rebate. Money not returned to a tenant because of no forwarding address should go to the Township for general purposes.
(2) 
The landlord shall be deemed to have received such rebate upon his receipt thereof in cash from the receiver of taxes or upon the execution of any agreement with the receiver of taxes to credit the amount of the rebate to any outstanding tax bill of the landlord. The Township Tax Collector shall notify the Rent Stabilization Board of any changes in assessments of an apartment complex and any rebate for taxes sent to a landlord. The landlord shall submit to the Rent Stabilization Board, within 45 days after receipt of rent reduction, a certification that the tenants have received their proportionate share of the tax rebate.
B. 
Rebates on other real estate tax reductions. In the event that real estate taxes are reduced for any other reason, then the tenant shall receive 100% of the reduction as applied pro rata to the tenant's dwelling space so leased, commencing 30 days after such reduction and spread over a twelve-month period consistent with tax surcharge.

§ 388-9 Rent Stabilization Board.

A. 
Composition of Board; terms.
(1) 
There is hereby created a Rent Stabilization Board within the Township. The Board shall consist of two landlords or their agents owning apartment rental property within the Township, three tenants residing within the Township and three homeowners who reside in the Township who shall be neither landlord nor tenant. The members of the Board shall be appointed by the Council.
[Amended 12-5-1983 by Ord. No. 29-83]
(2) 
The initial terms of office of the members shall be as follows:
[Amended 4-21-1986 by Ord. No. 12-86]
(a) 
One landlord, homeowner and tenant: three years.
(b) 
One landlord, homeowner and tenant: two years.
(c) 
One homeowner and tenant: one year.
(3) 
The terms of office of all new members appointed or all members reappointed after initial terms as outlined above shall thereafter be three-year terms.
(4) 
Alternate members. Three alternate members shall be appointed to the Board for three-year terms, consisting of one homeowner alternate, one tenant alternate and one landlord alternate.
[Added 4-20-1980 by Ord. No. 11-81]
B. 
Meetings; quorum; officers; compensation.
(1) 
Four members shall constitute a quorum.
[Amended 12-11-1978 by Ord. No. D-254]
(2) 
The Board shall meet on a monthly basis and whenever necessary.
[Amended 4-20-1981 by Ord. No. 11-81]
(3) 
The Board shall reorganize no later than January 15 and shall submit a quarterly report to the Council. It shall elect a Chairperson, a Vice Chairperson and a Secretary.
[Amended 12-16-1985 by Ord. No. 57-85]
(4) 
Members of the Board shall serve without compensation.
C. 
Vacancies. Vacancies occurring on the Rent Stabilization Board shall be filled by the Council for the unexpired term only. A member of the Board shall be removable for cause by the Council upon written charges and after public hearing thereon. Reasons for such action shall be missing more than 50% of the meetings within a six-month period or other just causes. A removed member shall be replaced by another member of the same category.
[Amended 12-16-1985 by Ord. No. 57-85]
D. 
Powers of the Board. The Rent Stabilization 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 issue and promulgate such rules and regulations as it deems necessary to implement the purpose of this article, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, provided that such rules are filed with the Township Clerk.
(2) 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this article.
(3) 
To hold hearings and adjudicate applications from landlords for additional rental, as herein provided.
(4) 
To hold hearings and adjudicate applications from tenants. The Board has the power to reduce rentals, award monetary compensation and/or direct the landlord to make repairs in accordance with the decision of the Board within 30 days after final determination by the Board. The Board shall retain jurisdiction until such time as its decision has been complied with. In the event that the violation is not cured as set forth, the Rent Stabilization Board shall have the power to issue a complaint in Municipal Court for violation of this article.
[Amended 12-16-1985 by Ord. No. 57-85]
(5) 
To retain independent experts which the Board in its discretion shall deem necessary, provided that expenditures for such experts do not exceed amounts budgeted therefor.
(6) 
The Rental Stabilization Board shall have the power to enforce this article by issuing notices of violations to any person, firm or corporation violating this article. The notice shall grant to the violating party 10 days within which to cure the violation. In the event that the violation is not cured within the ten-day period set forth herein, the Rent Stabilization Board shall have the power to issue a complaint in the Municipal Court for violation of this article.
(7) 
The Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination.
(8) 
To issue subpoenas to compel the attendance of witnesses and the production of books and records in connection with the hearings held in pursuant to the provisions of this article.
(9) 
To obtain, keep and maintain all available records, data and information regarding the consumer price index, municipal tax rates, municipal real estate assessments, tax appeals filed by landlords and all other data and information necessary to the enforcement, construction and application of this article.
E. 
Powers to grant increases. The Rent Stabilization Board is granted and shall have and exercise, in addition to the specific powers enumerated above, the following powers:
(1) 
Hardship rent increase. In the event that a landlord cannot meet his mortgage payments, energy payments and maintenance, he may apply to the Rent Stabilization Board for increased rental. The Board may grant the landlord a hardship rent increase to meet these payments. The landlord must provide individual notification to each tenant by mail prior to any such application to the Board setting forth the basis for this application. This notice must be received by the tenant at least five days prior to the proposed date of hearing.[1]
[1]
Editor's Note: Former Sec. 11A-5.5b, Energy surcharge, which previously followed this section, was repealed 12-11-1978 by Ord. No. D-254.
(2) 
Capital improvement. A landlord may apply to the Rent Stabilization Board for a rental surcharge for capital improvements or for increases for improved services. The landlord shall compute the average cost of the improvement of service per year of useful life by dividing the cost of the computed capital improvement or service by the number of years of useful life of the improvement as claimed by the landlord for federal income tax depreciation purposes. The landlord shall propose to apportion the average cost of the completed improvement of service per year of useful life among the tenants in the dwelling in accordance with one of the following methods:
(a) 
If the capital improvement benefits dwelling spaces only, then the cost of these improvements shall be surcharged to only those tenants.
(b) 
If the capital improvement benefits all dwelling spaces, but in varying degrees according to the amount of living area of each dwelling space, then the cost of the improvement shall be surcharged to the total dwelling space.
(c) 
If the capital improvement is equally beneficial to all dwelling spaces regardless of the living area within any dwelling space, then the cost of the improvements shall be surcharged according to the amount of dwelling space within the housing space. Permits as required by law are to be secured from all agencies having control and jurisdiction for alterations, repairs, replacements, extensions and new buildings. All work shall adhere to appropriate code standards and shall be inspected by all agencies having control and jurisdiction and their approvals obtained. A certificate of occupancy shall be secured if required by law.
(d) 
No rental surcharge shall be granted under this section of the chapter if there is an outstanding violation of the Housing, Maintenance, Building or Fire Code[2] or other applicable Township code, and the landlord shall obtain and submit to the Rent Stabilization Board a letter from each of the code officials, respectively, certifying that no such outstanding violations exist as of one week before the first scheduled public hearing date. In addition, no rental surcharge shall be granted if the subject property is subject to any liens for the payment of real estate taxes, water or sewer charges, and the landlord shall obtain a letter from the Tax Collector, Old Bridge Township Municipal Utility Authority or other appropriate official that no such liens exist as of one week before the first scheduled public hearing date.
[Amended 12-5-1983 by Ord. No. 29-83]
[2]
Editor's Note: See Ch. 108, Uniform Construction Codes; Ch. 185, Fire Prevention; and Ch. 235, Art. I, Housing Standards.
(e) 
The Board may grant the landlord a rental surcharge under the provisions of this section. Except for the above tax and energy surcharge provisions, no landlord shall impose upon any tenant a rent surcharge under this section without first obtaining approval of the Rent Stabilization Board. It shall be within the discretion of the Board to fix the effective date of any approved rental surcharge to or after determination. A surcharge granted under the provisions of this section shall not be considered rent for purpose of computing rental increase.
(f) 
The landlord is required to set forth in his application for a capital improvement increase a list of capital improvements for which a surcharge is sought, the anticipated cost of each such proposed improvement, including any financing or interest charge that the landlord has to pay, and the exact cost to each tenant and the number of years that an approved surcharge would be paid by the tenant.
[Added 12-5-1983 by Ord. No. 29-83]
(g) 
The landlord can only apply for a surcharge and the Board can only approve a surcharge for the actual or anticipated cost of the capital improvement, including any financing or interest charge that the landlord has to pay.
[Added 12-5-1983 by Ord. No. 29-83]
(h) 
The Rent Stabilization Board shall hold a hearing on a landlord's application for a capital improvement surcharge. At least 60 days prior to the public hearing, the landlord shall notify each tenant to be affected by the surcharge by mail or personal service, and the landlord shall submit at the public hearing an affidavit of service. The notification shall include the date, time and place of the hearing and the substance of the landlord's application, including all information required in this section and by this article. The application must list and describe each capital improvement for which the landlord is seeking a surcharge. No capital improvements installed, constructed, erected or already in place prior to the application shall be listed, and no surcharge shall be approved by the Board for said capital improvements.
[Added 12-5-1983 by Ord. No. 29-83]
F. 
Application for hardship rent increase.
[Added 4-24-1980 by Ord. No. D-304]
(1) 
In the event that a landlord, due to circumstances beyond the landlord's control, which, in the determination of the Rent Stabilization Board, are both reasonable and necessary in order for the landlord to receive and maintain a just and reasonable return on his investment, or in the event that a landlord experiences an increase in costs over the past three years in assessments and utility costs in the excess of the increase permitted herein, a landlord may submit an application for a hearing and review to the Rent Stabilization Board for a hardship rental increase, which application shall include the following information:
(a) 
The address of the building.
(b) 
The name and address of all persons with an ownership interest, whether legal or equitable.
[1] 
Date of purchase.
[2] 
From whom property was purchased.
[3] 
What the relationship between the present and past owner is.
(c) 
The name and address of the managing agent.
(d) 
What is the form of ownership?
(e) 
The total number of apartment units.
[1] 
The number of apartment units presently occupied.
[2] 
The reason for vacancies.
(f) 
The name and address of the mortgage holder.
[1] 
When was the mortgage given?
[2] 
What was the amount of principal borrowed?
[3] 
What is the term (years) of mortgage?
[4] 
What is the interest rate?
[5] 
What is the mortgage payment plan, i.e., standing, balloon, fully amortized level payment or constant principal?
[6] 
What are the monthly payments?
(g) 
What was the owner's original investment?
(h) 
What is the present owner's investment, and how is the figure arrived at?
(i) 
What is the amount of real estate taxes for the current tax year? How much of these real estate taxes were passed on as a surcharge to tenants during the past three years?
(j) 
Is there any property tax exemption? Explain in detail.
(k) 
Have there been any tax abatements or homestead tax rebates over the past three years? Explain.
(l) 
Are there any outstanding real estate taxes due?
(m) 
What is the amount of depreciation or federal income tax deduction over the past three years? For each year, what method of depreciation was used in calculating this deduction?
(n) 
How much depreciation?
(o) 
What is the assessed valuation?
(p) 
Where there has been refinancing, what was the amount of the loan? How much, if any, was reinvested in the building? Where else was the money spent?
(q) 
What is the percentage rate of return? (Divide 16 by the actual cash investment.)
(r) 
Is the property in substantial compliance with the local Property Maintenance or Building Code and Health Code?
(s) 
Attach copies of the inspection report. Was there an energy efficiency audit by the Department of Energy? (Attach copies of the report.)
(t) 
The applicant's estimate of the rate of return for the period in question, plus the rate of return the applicant requests and the method used to calculate said return. List the rate of return for the last three years and the rate of return for 1976 (fiscal year or calendar year may be used).
(2) 
Cash basis statement of past three years.
Income
1. Apartment rent
2. Laundry facility
3. Parking
4. Vending machines
5. Other
Total (1 - 5)
Expenses
6. Mortgage principal
7. Mortgage interest
8. Late charges
Total (6 - 8)
9. Real estate taxes
10. Other taxes
Total (9 - 10)
11. Heat (fuel)
12. Water and sewage
13. Insurance premiums
14. Professional fees
15. Gas and electric
16. Management fees
17. Other fees
Total (11 - 17)
18. Exterminator expenses
19. Outside contractors
(a) Plumbing
(b) Electrical
(c) Painting
(d) Plastering/tile
(e) Carpentry
20. Custodial supplies
21. Maintenance
(a) Supplies
(b) Equipment purchases
22. Superintendent's wages
23. Superintendent's housing
24. Other wages and salaries
25. Other service contracts
26. Other
Total income (1 - 5)
Total expenses (6 - 26)
Surplus (deficit)
I have read the completed questionnaire and cash basis statements and find them to be true and correct to the best of my knowledge and belief. I further state that the figures contained in this application pertain only and exclusively to the property for which this application is being submitted.
Dated:
(Signature of Owner or Managing Agent)
Sworn to and subscribed before me this __________ day of __________
Required documentation: Please submit copies of signed statements for the past three completed fiscal years. Please submit photocopies of cancelled checks for the current fiscal year to date expenses.
(3) 
The Rent Stabilization Board shall hold a public hearing on the landlord's application. At least 30 days prior to the public hearing, the landlord shall notify each tenant by regular mail or by personal service. The notification shall include the date, place and time of the hearing and the substance of the landlord's application. The Rent Stabilization Board shall either grant or deny a hardship rental increase within 45 days from the date that the landlord's application is completed and filed unless this time period is extended at the request of the landlord. An affidavit of service shall be filed with the Board showing compliance with the notice provision above.

§ 388-10 Registration.

[Amended 5-20-1985 by Ord. No. 22-85; 12-22-1988 by Ord. No. 69-88]
A. 
Every owner of a complex shall be required to register with the Rent Stabilization Board a statement showing the amount of rentals charged for each rental unit as of October 1, and as of October 1 of each succeeding year, while this article remains in effect. Such statement shall be filed on November 15 of each year and shall remain on file with the Rent Stabilization Board as a matter of public record. An annual registration fee of $10 per rental unit shall be payable as of January 1 of each year to the Department of Finance for the purpose of defraying costs of the Rent Stabilization Board. The Department of Finance shall forward a copy of the receipt of payment to the Rent Stabilization Board.
[Amended 4-20-1992 by Ord. No. 13-92[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Owner(s) shall also furnish to the Township Clerk and provide a copy to the Rent Stabilization Board on a monthly basis updated tenant lists, which shall include the name(s) of new tenant(s), their apartment number(s), their monthly rental(s), the expiration date of the lease(s) and the date(s) the new tenancies commenced.
[Added 12-9-1006 by Ord. No. 49-96; amended 3-8-1999 by Ord. No. 8-99; 7-19-1999 by Ord. No. 22-99]
C. 
Any owner who shall violate a provision of Subsection A or B shall, upon conviction thereof, be punished by a fine not less than $500 but not exceeding the maximum penalty set forth in Chapter 1, Article II, Penalty. No owner shall receive any certificate(s) of occupancy on any new tenancies from the Township of Old Bridge if he/she/it fails to provide/submit by the 10th day of the following month for the previous month the monthly tenant lists with the name(s), their apartment number(s), their monthly rental(s), the expiration date of the lease(s) and the date(s) the new tenancies commenced and/or until such time as the owner fully complies with the provisions of Subsections A and B. A separate offense shall be deemed continued on each day during or on which a violation occurs or continues.
[Amended 3-8-1999 by Ord. No. 8-99; 7-19-1999 by Ord. No. 22-99[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 388-11 Fees relating to condominium conversion.

[Added 11-7-1988 by Ord. No. 38-88]
A. 
The Township of Old Bridge shall, through its Business Administrator, establish a fee schedule, which may vary according to the size of the building or project proposed to be converted, to be paid by the owners desiring to convert said rental units, upon submission of tenant lists, forms and stamped envelopes to the administrative agency or officer.
B. 
The fee schedule so established shall be designed to fully cover the cost of discharging responsibilities imposed pursuant to N.J.S.A. 2A:18-61.9 on the Rent Stabilization Board, and under no circumstances shall such fees provide revenue in excess of the cost. A hearing fee of $250 will be established pursuant to this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 388-12 Exempt dwellings.

A. 
Exempt buildings. Exempt from this article are motels, hotels and similar type buildings and buildings in which up to 1/3 of the occupied floor space is commercial, also housing units of two units or less.
[Amended 12-28-1978 by Ord. No. D-255; 4-24-1980 by Ord. No. D-304; 12-16-1985 by Ord. No. 57-85]
B. 
New construction. New construction of multiple dwelling units constructed after December 23, 1999, shall be exempt for a period of time not to exceed the period of amortization of any initial mortgage loan obtained for the multiple dwelling or for 30 years following completion of construction, whichever is less. (N.J.S.A. 2A:42-84.2)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Vacancy decontrol. A tenant who has continuously resided in an apartment complex subject to this article for a period of at least three years and who seeks to move into another apartment within the same complex shall have priority to a vacant apartment. Such priority shall not be conferred or enjoyed if the landlord is contractually bound to provide a vacant apartment to a prospective tenant, and it shall be the landlord's burden to prove that such a contractual agreement exists should the issue of priority arise. The rent charged to the tenant for the new apartment shall not exceed the maximum rent then being charged for an apartment of equal size in that complex which has never been decontrolled. However, if the new apartment is the same size as the apartment being vacated by the tenant, then the rent charged to the tenant for the new apartment shall be the same as for that which he is vacating. Said new apartment shall not be considered as a vacancy decontrolled apartment for purposes of this provision. The tenant shall register his or her dated letter and/or dated application with the landlord and with the Secretary of the Rent Stabilization Board.
[Amended 12-11-1978 by Ord. No. D-254; 6-4-1979 by Ord. No. D-271; 4-24-1980 by Ord. No. 304; 5-3-1982 by Ord. No. 6-82; 11-5-1983 by Ord. No. 29-83; 12-16-1985 by Ord. No. 57-85]

§ 388-13 Maintenance of standards.

A. 
Maintenance of standards required. The landlord shall maintain the same standards of service, maintenance, furniture, furnishings, recreational facilities and landscaping as he was required to do by law or by the terms of the lease. Any fraudulent inducement by the landlord which results in the signing of the lease by the tenant shall be considered by the Rent Stabilization Board in its determination.
B. 
Procedure for appeals. Any individual tenant or class of tenants who are receiving substantially the same standards of service, maintenance, furniture, furnishings, recreational facilities or landscaping, which existed at the signing of the lease, may have the Rent Stabilization Board determine the reasonable value of the dwelling in view of the deficiency. Any reductions of services or standards in violation of this article or statute shall be referred to the landlord first. Ten days after referral to the landlord by the tenant, if the problem still exists, the matter shall be referred by the tenant to the appropriate Township official or office who or which can allow up to an additional 10 days to comply with the request. After the above time periods, the tenant may make application to the Rent Stabilization Board. Said time limits shall be waived for matters of emergency affecting health, safety or welfare.
[Amended 4-24-1980 by Ord. No. D-304; 12-16-1985 by Ord. No. 57-85]
C. 
Determinants of reasonable rental.
(1) 
The tenant or class of tenants shall pay the reasonable rental value as determined by the Rent Stabilization Board as the full payment of rent until the landlord proves that the deficiency has been corrected. The Rent Stabilization Board shall determine the reasonable rental value by using the following suggestive, but not exhaustive, guidelines:
(a) 
Violation of applicable housing, building or sanitary code.
(b) 
Nature of the deficiency or defect as it affects a vital facility.
(c) 
The potential actual effect upon safety and sanitation.
(d) 
Length of time of the existence of the condition.
(e) 
Age of structure.
(f) 
Amount of the rent.
(2) 
A landlord shall only be entitled to rental increases provided herein if it maintains the premises in accordance with the Maintenance Code of Old Bridge Township and the State Code of New Jersey with no decrease in services.

§ 388-14 Tenant protection.

No landlord shall take retaliatory action against any tenant who exercises any rights conferred upon him by this article. For the purpose of this section, "retaliatory action" shall mean any action taken by the landlord, directly or indirectly, including undue or unusual inconvenience, violation of privacy, harassment, reduction in quality or quantity of services, the institution of dispossess proceedings or any other form of threat or coercion.

§ 388-15 Substantial reduction in privileges or services.

A landlord shall not substantially reduce the privileges, services, furnishings, furniture, equipment, facilities or improvements which had been included in or associated with rental paid for any dwelling unit. For the purpose of this article, any such reduction shall be deemed an increase in the rental charged for the dwelling unit.

§ 388-16 Violations and penalties.

[Amended 12-16-1985 by Ord. No. 57-85[1]]
A willful violation of any provisions of this article, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact, shall be punishable as set forth in Chapter 1, Article II, Penalty. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 388-17 Review of ordinances.

This article shall come under administrative review by Council and administration one year from date of passage.

§ 388-18 Care and keeping of animals.

[Added 2-2-1981 by Ord. No. D-331]
A. 
Subject to the provisions of Subsections I and J below, the total number of dogs and cats shall not exceed three animals per dwelling unit.
[Amended 7-20-1981 by Ord. No. 20-81; 3-19-1984 by Ord. No. 7-84]
B. 
Tenants shall notify their landlords of their maintaining or possessing of an animal in their dwelling unit within five days of executing their initial lease or within five days of acquiring, possessing or maintaining an animal in their dwelling unit. Any tenant not so notifying his landlord shall be considered to be in default of his lease.
C. 
Tenants shall be responsible for any and all damage caused by their animals, and it shall be presumed by any competent court of jurisdiction that their acquiring, possessing or maintaining said animals serves as their consent to said liability.
D. 
"Animal" is herein defined as a dog or cat.
E. 
Each tenant acquiring, possessing or keeping a dog shall be responsible to ensure that all defecation of said animals outside of said dwelling unit is forthwith removed by said tenant and placed in a sealed garbage container or refuse collector. Each landlord shall additionally designate and mark an area adjacent to each housing space as an animal discharge area and ensure that at least one garbage or refuse container is available and located at said area.
F. 
The fee collected for animals as set elsewhere in this article shall be used to maintain dog walk areas adjacent to housing space locations.
[Amended 10-1-1984 by Ord. No. 30-84]
G. 
Any tenant who does not ensure that his animal's defecation is properly removed shall be issued a warning for a first violation. A second violation shall be considered a default of the lease. A tenant may, however, request a hearing before the Rent Stabilization Board to contest the validity of any warning by filing said request with a copy to the landlord within seven days of receipt of said notice. If the Board determines the warning was improper, it shall void said notice.
H. 
Each tenant shall be given a copy of the provisions of this article by the landlord upon executing a new lease or renewing an existing lease.
I. 
A landlord may elect to prohibit, by regulation, new lessees from keeping any dogs or cats within their units, provided that said regulation applies to all new tenants within the complex, and further provided that said regulation is uniformly enforced by the landlord. A copy of such regulation prohibiting animals shall be filed with the Secretary of the Rent Stabilization Board within seven days of its effective date for purposes of this subsection. The renewal of a lease shall not constitute a new lease.
[Amended 3-19-1984 by Ord. No. 7-84]
J. 
Nothing in this section shall prevent the keeping of a specially trained dog by a handicapped person.
[Added 3-19-1984 by Ord. No. 7-84]

§ 388-19 Miscellaneous.

[Added 4-20-1980 by Ord. No. 11-81]
A. 
Certificate of occupancy. A copy of any certificate of occupancy issued for each dwelling rented as required elsewhere in this article shall be forwarded to the Rent Stabilization Board, and a true copy thereof shall be delivered to the tenant of the unit for which such certificate of occupancy was issued; said certificate shall include the apartment number, complex and effective rent on the date of issuance. All apartment complexes must notify the Department of Community Development of the Township of Old Bridge of the need for a certificate of occupancy inspection at least three days prior to occupancy. It shall be unlawful to charge a tenant for permit fees or other costs associated with the landlord's obligation to obtain a certificate of occupancy and/or the landlord's obligation to deliver same to the Rent Stabilization Board or the tenant.
[Amended 4-1-1985 by Ord. No. 18-85; 11-2-1992 by Ord. No. 43-92[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Complex personnel; security. All personnel or employees of a landlord at said complex are to register with the Old Bridge Police Department by giving their age, address, recent photo and any criminal convictions. No unregistered personnel or employee shall be allowed to enter or shall enter any dwelling unit unless accompanied by a registered employee or representative of the landlord. The Department of Community Development and/or the Rent Stabilization Board shall have authority to ensure compliance with this section. Each landlord shall additionally be responsible to ensure that a proper number of adequately trained personnel are assigned to each complex as per applicable state codes.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Abandoned, disabled or hazardous vehicles.[3]
[Amended 12-16-1985 by Ord. No. 57-85; 6-17-1991 by Ord. No. 13-91]
(1) 
Disabled vehicles. Landlords shall have the authority to remove unlicensed/unregistered and/or abandoned (as defined by Title 39 of the New Jersey Statutes Annotated) vehicles from their complex; provided, however, that 48 hours' notice has first been given to the owner of the vehicle. Notice may be given by either of the following methods:
(a) 
By certified letter, return receipt requested, addressed to the owner of the vehicle at the last known address of said vehicle owner.
(b) 
By personal service of a written notice or letter upon a vehicle owner personally or by leaving such notice with a responsible individual over 14 years of age who resides with the vehicle owner at his usual place of residence.
(2) 
Unknown owners. Landlords shall have the authority to remove unlicensed/unregistered and/or abandoned (as defined by Title 39 of the New Jersey Statutes Annotated) vehicles from their complex where the owners of said vehicles are unknown; provided, however, that the landlord first fulfills the following conditions:
(a) 
The landlord shall make a diligent inquiry with the Old Bridge Township Police to attempt to determine the actual owner of the vehicle.
(b) 
The landlord shall secure approval by a responsible Township official, such as a Code Enforcement Official, prior to towing said vehicle.
(c) 
The landlord shall post a visible notice upon the vehicle in question for at least 48 hours prior to removal of the vehicle.
(3) 
Hazardous vehicles. Vehicles which are declared to be hazardous by Township officials and vehicles which are declared to be parked in emergency areas, fire lanes or hazardous areas by Township officials may be removed by landlords under the above subsections after 24 hours' notice, as provided herein.
[3]
Editor's Note: See also Ch. 463, Vehicles, Abandoned.

§ 388-20 Appeal.

[Added 5-18-1981 by Ord. No. 16-81; amended 12-5-1983 by Ord. No. 29-83; 11-21-1988 by Ord. No. 56-88; 4-20-1992 by Ord. No. 13-92]
A. 
Any party, not a member of the Board participating in a decision, aggrieved by a final decision of the Rent Stabilization Board, may appeal said decision to the Township Council by filing a notice of appeal with the Township Clerk within 30 days of said decision and serving a copy of said appeal upon all parties who appeared before the Rent Stabilization Board. The applicant must present proof that all parties affected by the appeal have been notified of the appeal. The appeal shall be based upon the record below, and the Township Council shall render its decision within 90 days of the filing of said appeal. Failure of the Township Council to act within the above period shall be affirmance of the decision below.
B. 
A fee of $125 shall accompany the notice of appeal for purposes of defraying costs of certified mail and regular mail notices of hearing dates to the necessary parties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Requests for postponements shall be limited to one time per party, and all requests for postponements shall be made 24 hours in advance, in writing, of said scheduled hearing.

§ 388-21 Identification of apartment complex personnel.

[Added 5-19-1980 by Ord. No. D-306]
Maintenance personnel who are servants, agents or employees of any multiunit apartment complex, herein defined as a single apartment building or group of apartment buildings owned, controlled or managed by one individual, association, partnership, entity or corporation, consisting of a total of five dwelling units or more, shall wear, in a conspicuous location, an identification tag or card containing their name, address, by whom employed, date of expiration of the card and a current picture. It shall additionally be the duty of each owner and manager of said apartment complex to provide each employee with said identification.

§ 388-22 Tenant late charges.

[Added 5-19-1980 by Ord. No. D-309]
No tenant in any multiple-dwelling complex of four or more dwelling units shall be required to pay late charges of more than 4% of the amount of the rent due for any period for which the rent due is less than 30 days late.

§ 388-23 Standing of and intervention by interested parties into proceedings of Board.

[Added 12-5-1983 by Ord. No. 29-83]
A. 
Intervention. Any interested person or legal entity may make application before the Rent Stabilization Board to intervene in any matter formally pending before the Board. The Board, upon the exercise of its sound discretion, shall make a determination as to whether or not to allow the intervention upon considering and weighing such factors as where the public interest lies, whether there are common questions of law or fact involved and will the allowing of the intervention delay the proceedings or prejudice the original parties.
B. 
Standing. Any interested person or legal entity may file a formal complaint or application with the Board concerning applicable provisions of this article, and such person or legal entity shall have standing to do so if the Board finds and determines, upon the exercise of its sound discretion and weighing conflicting considerations, that such person or entity has a sufficient and real stake in the outcome of the controversy, such person or entity has genuine and legitimate interest in the subject matter of the application or complaint and that there is a real adverseness in the proceeding, so as to ensure that the Board is not called upon to render advisory opinions but rather to decide actual cases and controversies.

§ 388-24 Availability of apartments for repairs.

[Added 4-1-1985 by Ord. No. 18-85]
Tenants shall make their apartments available for normal maintenance and repairs, Monday through Friday, during the working hours of 8:00 a.m. to 5:00 p.m., by providing a key to the landlord or providing a key to a neighbor. If access is to be given by providing a key to a neighbor, the landlord shall be notified 24 hours prior to the scheduled repairs as to the location of the key.
[Adopted 9-21-1981 by Ord. No. 24-81 (Ch. XIC of the 1973 Revised General Ordinances)]

§ 388-25 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT
Fit for habitation, as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Middlesex, Township of Old Bridge, and occupied or unoccupied and offered for rent.
CPI
The consumer price index (all items) for that region of the New York-Northeastern New Jersey area in which the Township of Old Bridge is included, which index is periodically published by the Bureau of Labor Statistics of the United States Department of Labor.
LANDLORD
Includes a person, firm, partnership, association, corporation or other entity and any officers, agent or employer, or any of the foregoing which is the owner, rental agent, manager of, or otherwise has authority to rent any rental space to a tenant.
MOBILE HOME PARK
Shall consist of a number of spaces approved by the Township and common areas and shall mean land and premises, where the owner, lessee, or other persons having control thereof shall offer sites for mobile homes on a rental or lease or other basis.
MOBILE HOME SPACE
That portion of a mobile home park rented or offered for rent for the purpose of parking 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 the occupancy of such portions of the property. Mobile home spaces which are newly constructed and rented for the first time are not subject to current rentals, and the initial rent may be determined by the owner. Existing tenants to be relocated in the mobile home park for the convenience of management cannot be increased above the current rent level. Any rental increase in excess of that authorized by the provisions of this article is prohibited and void.
RENTAL INCOME
The payable rent charged and received for the mobile home space over the previous twelve-month period exclusive of any of the following: all real property taxes, space fees or license fees charged by the Township of Old Bridge pursuant to any duly adopted ordinance and any cost of the supplied utilities and services, and any increase for hardship or major capital improvements as permitted by §§ 388-32 and 388-33 hereof.
SERVICE
Mailing to the home address, by certified mail, return receipt requested, or in hand delivery certified to by affidavit or 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.
SUPPLIED UTILITIES
Electrical connection, water and sewer services, garbage disposal supplied directly to the individual mobile home, for which services the landlord is responsible to the supplier for payment.

§ 388-26 Determination of rents.

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 space, no landlord may request or receive any increase in the rental income and additional charges for that mobile home 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 fees charged by the Township of Old Bridge pursuant to any duly adopted ordinance.
(c) 
Any amount equal to 4% of the previous twelve-month rental income for the mobile home space or the percentage increase in the consumer price index over the twelve-month period ending 120 days prior to the date of the application for said increase, whichever shall be less.
(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 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 and, for any increase greater than the annual limitation of rentals set forth in this article, until such time as the landlord shall have obtained approval in writing from the Rent Stabilization Board, as hereinafter established, for said increase. Furthermore, there shall be only one increase granted per landlord per mobile home park for any increase per calendar year for each of the increases permitted by this section, which request and decision shall be binding upon all tenancies of that particular mobile home park which expire thereafter during said calendar year, unless as otherwise provided herein. The landlord shall notify the Rent Stabilization Board in writing at least 60 days prior to the effective date of any increase proposed pursuant to the provisions of this section. 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 upon the terms of Subsection A(1)(a) or (c) herein, the Rent Stabilization 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.
C. 
Rental increase shall not exceed 4% on the base monthly rate, which should be broken down as follows:
(1) 
Base rent, in dollars.
(2) 
Pad fees.
(3) 
Real estate and property taxes.
(4) 
Municipal site fees.
(5) 
License fees.
(6) 
Electric.
(7) 
Sewerage.
(8) 
Garbage disposal and any other additional cost passed on to the tenant.

§ 388-27 Application for reduction in rent upon violation.

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 or tenants 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 or tenants, which rent shall remain in effect until the landlord corrects said violation or violations.

§ 388-28 Timing of increases; excess increases.

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 as otherwise provided in this article. Any rental income or additional charge increase in excess of that authorized by the provisions of this article shall be void.

§ 388-29 Reasons for rent reduction; procedure.

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 P.L. 1976, c. 63, (N.J.S.A. 54:4-6.2 et seq.) as may be amended from time to time, the landlord shall make such rebate upon such terms as P.L. 1976, c. 63 provides.
B. 
Where the decrease consists of a decrease in the municipal property tax other than that decrease provided for in 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 in rent in 12 monthly installments commencing September 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, mobile home 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 on 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.

§ 388-30 Tax surcharges.

A landlord shall be entitled to a rent surcharge for any increase in municipal property taxes. Any landlord seeking a surcharge for property taxes 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, including the property tax for the mobile home park for the year immediately preceding the year for which the tax surcharge is sought, and the increase in the present tax over the tax 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 of each year.

§ 388-31 Tax appeals.

A. 
In the event that 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 judgment, 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.

§ 388-32 Capital improvements.

A landlord may seek an additional charge for major capital improvements. "Capital improvements" shall be any item considered as such under the Federal Internal Revenue enactments and regulations. Prior to filing an appeal with the Rent Stabilization Board, the landlord must serve each tenant with a notice of the total cost of the completed capital improvement, the number of useful years of life of the improvement as claimed by the landlord for the purposes of depreciation for income tax purposes, the average cost, including debt service, of the improvement (calculated by dividing the cost of the major improvement by the total number of approved mobile home spaces in the mobile home park), and the capital improvement surcharge he is seeking from each tenant. The landlord seeking a capital improvement surcharge shall appeal for said surcharge to the Rent Stabilization Board, which shall determine after the landlord has served notice to the affected tenants of a hearing date, of said improvement and if so, the amount of increase granted for such major improvement and establish the conditions of such increase. If said increase is granted, it shall not be considered rental income and not calculated in allowable increases as otherwise set forth in this article. In any event, no increase granted by authority of this section shall exceed 10% of the tenants' rental income, unless said increase or capital improvement is mandated by law.

§ 388-33 Hardship rent increases.

A landlord who finds that present rental income and additional charges from the mobile home park on which he seeks relief hereunder are insufficient to cover the cost of payments on a first mortgage and any subsequent mortgages used to improve and upgrade the mobile home park and/or payments for maintenance and/or all operating costs and at the same time ensure the landlord a just and reasonable return may appeal to the Rent Stabilization Board for an 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 the mobile home park and degree of hardship to the landlord. Prior to any such appeal to the Board, a landlord must post in a conspicuous place in and about the mobile home park a notice of said appeal setting forth the basis for said appeal; each tenant to be affected must, at the same time, be served with notice of the appeal. The landlord must, thereafter, serve each affected tenant with a notice of appeal hearing date and post said notice in a conspicuous place at the mobile home park for at least five days prior to the appeal hearing date. If said increase is granted, it shall not be considered rental income and not be calculated in allowable increases as otherwise set forth in this article.

§ 388-34 Standards of service.

A. 
During the term of this article, the landlord shall maintain the same standards of service, maintenance and equipment in the mobile home park or mobile home spaces as he provided or was required to provide by law or lease, written or unwritten, as of the original effective date of this article.
B. 
Where the landlord fails to maintain such standards, and where such failure results in a substantial reduction of such standards, the tenant may apply for a hearing, whereupon the Board shall duly notify the landlord and schedule the matter for hearing. If, as a result of such hearing, a reduction in rent is granted, it shall take effect as specified by the Board and shall remain in effect until the landlord proves the standards are maintained.

§ 388-35 Violations and penalties. [1]

A willful violation of any provisions of this article, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact, shall be punishable as set forth in Chapter 1, Article II, Penalty. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 388-36 Tenant protection.

A. 
No landlord shall take retaliatory action against any tenant who exercises any rights conferred upon him by this article.
B. 
For the purpose of this section, "retaliatory action" shall mean any action taken by the landlord, directly or indirectly, including undue or unusual inconvenience, violation of privacy, harassment, reduction in quality or quantity of services, the institution of dispossess proceedings or any other form of threat or coercion.

§ 388-37 Registration.

Every owner of a mobile home park shall be required to register with the Township Clerk and to furnish a copy to the Rent Stabilization Board a statement showing the amount of rentals charged for each rental unit as of October 1, and as of October 1 of each succeeding year while this article is still in effect. Such statement shall be filed on November 15 of each year and shall remain on file with the Township Clerk as a matter of record.