A landlord may seek a tax pass-along charge from a tenant because of
an increase in municipal property taxes only if the taxes are in excess of
those assessed for the previous year. The tax pass-along shall be proportionately
distributed according to the amount of rental area within the apartment building.
[Amended 3-6-1990 by Ord. No. 1103]
Any landlord seeking a tax pass-along shall be required to give notice
to the tenants and the Rent Leveling Board Secretary/Investigator 30 days
prior to imposing the surcharge. The calculations shall be provided on a form
established by the Board in its regulations, and such form must be included
in the notice. If the calculations are deemed correct by the Board Secretary/Investigator,
the surcharge shall become effective 30 days after the notice is served. If,
however, the calculations were incorrect, the surcharge shall be corrected,
and a new notice will be required, with the new calculations included, and
the pass-along becomes effective 30 days after the corrected notice.
A.
The rent increase that each tenant is liable for shall
be paid in 12 equal monthly payments, starting 30 days after the notice is
sent showing the computation.
B.
The tax pass-along is not cumulative and is only the
difference between the previous tax year and the current tax year.
C.
The tax pass-along shall not be considered base rent
for purposes of computing fixed-percentage annual increases.
D.
Each tenant shall pay an increase in accordance with
the percentage that the square footage of the rental dwelling unit bears to
the rentable square footage of the entire building.
Any landlord who has levied a tax pass-along and successfully appeals
the assessment shall return to the tenant who has paid the tax pass-along
50% of the amount of the reduction remaining after the landlord has deducted
all expenses incurred in the tax appeal process. In the event of a tax appeal,
the tax surcharge collected by the landlord but not paid by the landlord to
the taxing authority shall be held in an interest-bearing account. If a tenant
has moved, the landlord shall make diligent efforts to forward the refund.
[Amended 3-6-1990 by Ord. No. 1103]
If a tax appeal is granted, the Borough Tax Assessor shall notify the
Board Secretary/Investigator of the following information: the apartment owner,
the address, the original amount of the taxes and the reduced tax amount.
[Amended 3-6-1990 by Ord. No. 1103]
Any landlord seeking a reduction in property taxes shall be requested
to notify the Rent Leveling Board of his intentions. A copy of the application
must be mailed, by certified mail, to the Rent Leveling Board Secretary/Investigator
when it is filed. When a determination is made by the taxing authority, a
copy must be mailed to the Board Secretary/Investigator, by certified mail,
by the landlord.
