[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park 11-21-1981 by Ord. No. 943. Amendments
noted where applicable.]
The Rent Leveling Board of the Borough of Palisades Park shall be and
is hereby designated as the authorized administrative agency of the Borough
of Palisades Park, in accordance with P.L. 1981, c. 226,[1] to do the following:
A.Â
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.Â
Establish and disseminate fact sheets and application
forms as approved by the New Jersey Department of Community Affairs.
D.Â
Do all other 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.
The owner or sponsor of the conversion of any building shall, prior
to the filing of an application for registration, notify the Secretary of
the Rent Leveling Board of the intention to file the application for registration
and shall supply the Secretary 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.
Within 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 Secretary of the Rent Leveling Board shall notify each tenant, in writing,
of the intention of the owner or sponsor to convert the building to condominium
or cooperative ownership and applicability of the Act, together with a written
application form substantially in the form established by the Department of
Community Affairs of the State of New Jersey, and shall submit to the owner
or sponsor an affidavit that the Secretary has notified each tenant as aforesaid.
The Secretary shall accept all applications completed and submitted
by the tenants seeking the benefits of the protected tenancy status of the
Act and shall submit all such applications to the Rent Leveling Board for
determinations of eligibility in accordance with the criteria of the Act.
Such determinations of eligibility shall be made by the Rent Leveling Board
with respect to each application within 30 days after receipt of an application.
Any tenant qualifying for protected status shall be promptly notified
of eligibility by the Secretary of the Rent Leveling Board. Any tenant who
does not qualify for protected status shall be likewise notified of the determination
of the Board, and the reasons for ineligibility shall be set forth in such
notice. Notices of determination as to eligibility and ineligibility as to
each tenant who has applied shall be provided to the owner or sponsor of the
plan of conversion.
The Rent Leveling Board may, in its discretion, establish by rules and
regulations an administrative procedure for determining eligibility and require
the submission of such documentation as the Rent Leveling Board may reasonably
require to determine eligibility, including proof of income from all sources
and proof of principal residence. The Rent Leveling Board may further require
the appearance of the tenant seeking protected status at a hearing and may
adduce live testimony under oath. The Rent Leveling Board 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.
The fee to be imposed shall be as follows: The administrative charges
shall be established on the basis of $20 per tenant.
If the Department of Community Affairs of the State of New Jersey shall
adopt rules and regulations to implement the provisions of the Act, the same
shall be operative within the Borough of Palisades Park as rules and regulations
of the Rent Leveling Board as well.
This chapter shall be liberally construed to effectuate the purposes
thereof.
