In the event that any rental dwelling unit shall become vacant, the
landlord shall be entitled to rent that apartment to a new tenant at a rent
which is the highest of:
A.
The rent paid by the prior tenant increased by 4%; or
B.
The average rent for a similar type apartment in Bergen
County as determined by the United States Department of Housing and Urban
Development for use in establishing housing subsidy levels; or
C.
The highest rent paid for a similar unit in the same
apartment building.
[Amended 3-6-1990 by Ord. No. 1103]
In order to be able to charge the rents allowed by § 235-29, the landlord must comply with the following procedure: Upon notification that the tenant is vacating the premises, the landlord shall forward to the tenant, by certified mail, return receipt requested, with a copy to the Secretary/Investigator of the Rent Leveling Board, a certified statement indicating that the landlord did not in any way pressure or harass the tenant to move from the apartment and that, to the best of the landlord's knowledge, the move was a voluntary act. The certification shall indicate that the tenant has 10 days within which to challenge this statement. Any challenge must be made, in writing, to the Secretary/Investigator of the Rent Leveling Board. Upon receipt of such challenge, a hearing date will be set down by the Board. Notice of such hearing date shall be sent to the landlord and tenant.
If the prior tenant was required to move solely because the landlord refused to continue to accept Section 8 Housing and Urban Development subsidies, the landlord shall not be entitled to rent the apartment unit at a rent higher than that paid by the prior tenant. If the prior tenant's rent was raised to the subsidy level as allowed by Article V, § 235-28, of this chapter, the rent will revert to the last amount paid prior to its being subsidized. In addition, the rent can be increased by the allowable increases which would have been permitted under this chapter had it not been subsidized.
The landlord shall provide to the new tenant the same standards of service
as provided to the prior tenant, including painting, repairs, appliance and
air-conditioner repairs and other services.
