Borough of Ridgefield, NJ Chapter 162 Condominium Conversions

[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 2-28-1983 as Ord. No. 1216. Amendments noted where applicable.]

§ 162-1 Authorization of administrative agency.

The Clerk of the Borough of Ridgefield shall be and is hereby designated as the authorized administrative agency of the Borough of Ridgefield, in accordance with P.L. 1981, c. 226,[1] to do the following:

A. To accept all required applications and forms and other notices which must be sent by the landlord-sponsor of the condominium or cooperative conversion to tenants in possession.

B. To establish and disseminate fact sheets and application forms as approved by the New Jersey Department of Community Affairs.

C. To execute affidavits of compliance with the provisions of the Act and to make determinations of eligibility of tenants for the protective status of the Act.

D. To do all the necessary and proper acts within the time period set forth in the Act.

[1] Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.

§ 162-2 Notice to tenant; application.

A. The owner or sponsor of the conversion of any building shall, prior to the filing of an application for registration, notify the Clerk of the intention to file the application for registration and shall supply the Clerk with a current tenant list and stamped envelopes addressed to each tenant, each such envelope containing copies of all required notices to be given to such tenants, and all documentation required pursuant to N.J.A.C. 5:24-2.9.

B. Within ten (10) days of the receipt of the notice of intention, the current tenant list and the stamped, addressed envelopes and copies of all notices, the Clerk shall mail to each tenant the notice required by the Act and all necessary forms and within two (2) business days of mailing shall submit to the owner or sponsor an affidavit that the Clerk has notified each tenant as aforesaid.

C. A tenant seeking protected tenancy status shall file a completed application form with the Clerk within sixty (60) days of receipt of such notice and application form.

D. The Clerk shall accept all applications completed and submitted by the tenants seeking the benefits of the protected tenancy status of the Act and shall determine eligibility in accordance with the criteria of the Act. Such determinations of eligibility shall be made with respect to each application within thirty (30) days after receipt of the completed application.

E. An application form shall be deemed to be completed when all supplemental documentation required by the Clerk has been submitted. Upon request of the Clerk, a tenant seeking protected tenancy status shall supplement the form with such documentation as the Clerk shall deem necessary in order to make a determination as to eligibility. An application shall be deemed incomplete and shall not be accepted if supplementary documentation is not provided to the Clerk within ten (10) days of request therefor. If the Clerk does not request supplemental documentation, the application shall be deemed to have been completed upon submission.

F. Any tenant qualifying for protective status shall be promptly notified of eligibility by the Clerk. Any tenant who does not qualify for protected status shall be likewise notified of the determination, and the reasons for ineligibility shall be set forth in such notice. Notices of determination as to eligibility or ineligibility as to each tenant who has applied shall be provided to the owner or sponsor of the plan of conversion. No protected tenancy status shall be allowed for a tenant not occupying the dwelling unit as his or her principal residence.

§ 162-3 Establishment of rules and regulations.

The Clerk may, in his discretion, establish by rules and regulations an administrative procedure for determining eligibility and require the submission of such documentation as the Clerk may reasonably require to determine eligibility, including proof of income from all sources and proof of principal residence. He may further require the appearance of the tenant seeking protected status at a hearing and may adduce live testimony under oath. The Clerk may establish such additional rules and regulations for the conducting of the hearing, including the right of the owner or sponsor to be present in person or by attorney and to cross-examine the tenant and produce any evidence to establish ineligibility of a tenant for protected status.

§ 162-4 Fees.

The fee to be imposed shall be as follows:

A. The owner shall submit a fee of one hundred dollars ($100.) per dwelling unit with his notice of intention and submission of tenant lists under this chapter in form of a check or money order made payable to the Borough of Ridgefield.

B. The owner shall submit a one-hundred-dollar administrative hearing fee upon submission of an application for an appeal in the form designated above. In the event of an appeal by a tenant, a hearing fee of one hundred dollars ($100.) shall be submitted by the tenant.

§ 162-5 Incorporation of provisions by reference.

N.J.A.C. 5:24-2.1 et seq. and forthcoming rules and regulations of the Department of Community Affairs promulgated to implement the provisions of this Act are specifically incorporated by reference into this chapter.

§ 162-6 Appeal.

The determination of the Clerk may be appealed by any aggrieved person through an administrative hearing.

A. Application for a hearing shall be made to the Clerk within ten (10) days of receipt by the aggrieved person of notice of determination.

B. An administrative hearing shall be held within ten (10) days of application therefor, except in extenuating circumstances, at the discretion of the Clerk.

C. Notice of hearing shall be given to all known parties in interest who may testify, present evidence and examine adverse witnesses and evidence.

D. The hearing shall be before the Clerk or a hearing officer designated by him.

E. Within ten (10) days of the hearing, the Clerk or his designee shall issue a final written decision and state the reasons therefor.