This chapter is intended to replace the existing piecemeal legislation
with a comprehensive ordinance stabilizing rents and providing landlords with
a fair and reasonable return on their investments. It is hereby declared to
be in the interest of the health, safety and general welfare of all the people
of the Borough of Palisades Park, tenants, landlords and homeowners to create
a fair and equitable system for determining an appropriate relationship between
landlords and tenants. It is specifically the purpose of this chapter to secure
the following objectives:
A.
To prevent unwarranted and unreasonable increase in rents
and harassment of tenants.
B.
To alleviate the effects of a critical housing shortage
in any particular area in the Borough of Palisades Park and to protect persons
living therein from undue impairment of their standard of living.
C.
To promote an atmosphere that is conducive to business
investment for the construction of rental units in the Borough of Palisades
Park.
D.
To promote a fair and equitable tax relationship between
landlords, tenants, homeowners and other property owners in the Borough of
Palisades Park.
The Mayor and Council shall review this chapter periodically in order
to evaluate how the changing economic and sociological climate of the Borough
of Palisades Park impacts upon the public interest.
The following shall be exempt from the provisions of this chapter:
A.
All public housing, housing space in any motels, hotels,
or any other premises primarily serving transient guests and any other dwellings
whose rental rates are otherwise regulated by state or federal law.
B.
Commercial buildings containing less than three rental
apartment dwelling units.
C.
One-, two- or three-family residences, whether or not
owner occupied.
As used in this chapter, the following terms shall have the meanings
indicated:
The rent charged for an existing rental unit on the effective date
of this chapter. The base rent shall not exceed the maximum permitted under
the previous Rent Control Ordinance of the Borough of Palisades Park.[1] The base rent excludes any additional charges, specifically capital
improvement surcharges, hardship surcharges, tax pass-along charges or any
other extraneous charges, such as for parking, pets or other items.
Any owner, lessor, sublessor or assigned agent or any other person
receiving or entitled to collect rents or benefits for the use or occupancy
of any rental unit covered by this chapter.
Includes month-to-month tenancies. An annual lease shall be implied
if no written lease exists.
The consideration, including any gratuity, demanded or received for
the use or occupancy of rental dwelling units or the transfer of a lease for
the units. Included are moneys paid for parking, heat, utilities, pets, furniture
and subletting. Excluded are moneys paid directly to the utility company by
the tenant.
Any building, structure, land or real or personal property or any
part thereof offered for rent for living or dwelling purposes. This includes
houses, apartments and other properties used for living or dwelling purposes.
Includes repairs, replacement, maintenance and painting and providing
heat, hot and cold water, elevator service, window shades and screens, storage,
kitchen, bath and laundry facilities and privileges, janitor services, refuse
removal, furnishings and any other benefit, privilege or facility connected
with the use or occupancy of any rental unit. Services to a rental unit shall
include a proportional part provided to common areas of the building in which
the rental unit is housed.
Any tenant, subtenant, lessee, sublessee or other person entitled
to the possession, occupancy or benefits of any rental unit owned by another
person.
[1]
Editor's Note: See Ord. No. 970, adopted 12-16-1982.
