[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
As used in this article, the following terms shall have the
meanings indicated:
A mobile home which does not have a toilet or a bath or a
shower.
A mobile home space which is designed to accommodate a dependent
mobile home and does not have sewer and water connections to accommodate
the toilet and the bath or shower in a mobile home.
A mobile home that has a toilet and a bath or shower.
A park space which has sewer and water connections designed
to accommodate the toilet and bath or shower contained in an independent
mobile home.
Any portable structure or vehicle, so constructed and designed
as to permit occupancy thereof for dwelling or sleeping purposes.
Any plot or ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodation.
Mobile home park.
Any individual, firm or corporation.
A building housing toilet facilities with slop-water closet
and laundry facilities and with separate bath and shower accommodations.
A.
Two or more inhabited mobile homes shall be located in licensed mobile
home parks.
B.
It shall be unlawful for any person to maintain or operate within the limits of the Township of Toms River, Ocean County, New Jersey, any mobile home park containing two or more mobile homes unless such person shall first obtain a license therefor. All mobile home parks in existence upon the effective date of this article shall within two years thereafter obtain such license, and in all other respects comply with the provisions of this article, with the exception of the minimum acreage requirement hereinafter set forth in § 363-6H. In the event any mobile home park in existence upon the effective date of this article shall fail to comply with the provisions of this article within said two-year term, any license heretofore issued to said mobile home park shall be revoked.
C.
Licenses shall not be transferable without the consent of the licensing
authority.
A.
The annual license fee for each mobile home park shall be $150.
B.
In addition to the aforementioned annual license fee of $150, the
owner of each mobile park shall pay the sum of $1.50 per week, or
fraction thereof, for each mobile home located in said mobile home
park, and it shall be the duty and responsibility of the owner to
keep complete and accurate records of the rental for each mobile home
in said park. This fee shall be paid to the Building Inspector at
least once a month.
A.
Applications for a mobile home park license shall be filed with and
issued by the Building Inspector. Applications shall be in writing,
signed by the applicant, and shall contain the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the mobile home park.
(3)
A complete plan of the park, showing compliance with § 363-6 of this article, including plans for sewage and water facilities.
(4)
Plans and specifications of all buildings and other improvements
constructed and to be constructed in the year for which application
is made, to enable the issuing authority to determine if the proposed
park will comply with legal requirements.
B.
The application and all accompanying plans and specifications shall
be filed in triplicate. The Building Inspector shall investigate the
applicant and inspect the proposed plans and specifications and shall
submit same to the Planning Board for its approval. If the applicant
is found to be of good moral character and the proposed mobile home
park will be in compliance with all provisions of this article and
all other applicable ordinances or statutes, the Planning Board shall
approve the application, and upon completion of the park according
to the plans, the Building Inspector shall issue the license, subject
to prior approval of the Planning Board.
C.
The said license shall not issue initially unless and until the applicant
shall have secured a special use permit pursuant to Ordinance No.
479,[1] as amended and supplemented. It is recognized that, upon
application for such special use permit under said Ordinance No. 479
and pursuant to the statutes in such case made and provided, hearing
as required by law will be held and required notice given. The necessary
action to be taken by the Planning Board hereunder shall not require
a public hearing.
Mobile homes shall not be parked on any public thoroughfare,
street, alley or public place[1] in the Township of Toms River, Ocean County, New Jersey,
for longer than 12 hours when no emergency for repairs exists.
The mobile home park shall conform to the following requirements:
A.
The park shall be located on a well-drained site, properly graded
to insure rapid drainage and freedom from stagnant pools of water.
Walks, driveways and retaining walls shall be constructed as not to
interfere with drainage. Drainage shall be away from mobile home spaces,
service buildings and recreational areas. Stormwater shall not drain
into sanitary sewers.
B.
Mobile home spaces shall be provided consisting of a minimum of 2,800
square feet for each space, which shall be at least 35 feet wide and
clearly defined. Mobile homes shall be so parked on each space that
there shall be at least twenty-foot clearance between mobile homes.
No mobile home shall be located closer than 50 feet from a dwelling
and closer than 10 feet from any property line bounding the park,
or closer than 100 feet from any public street or highway right-of-way
line.
C.
All mobile home spaces shall abut upon a surfaced bituminous concrete
road of not less than 30 feet in width, with curbing in accordance
with Township specifications.
D.
Surfaced macadam walkways not less than three feet wide shall be
provided from the mobile home spaces to the service buildings.
E.
Each park shall provide service buildings to house toilet facilities,
bathing facilities, laundry facilities and other sanitary facilities
as hereinafter more particularly prescribed.
F.
Safety and convenience shall be major consideration in the layout
of driveways, walks and parking areas within the mobile home park,
and driveways shall be continuous insofar as possible.
G.
The number of parking spaces shall equal the number of mobile home
spaces. These must be provided in special parking areas.
H.
No license shall be granted to any mobile parking unit on plan comprising
less than 10 acres; provided, however, that this provision of minimum
acreage (and only this provision) shall not apply to any trailer courts,
parks or mobile home parks duly licensed and in existence prior to
the adoption of this article, in accordance with Township and New
Jersey Codes.
I.
The subdivision of lots in the mobile park unit shall avoid a grid
pattern.
J.
All plans shall provide for landscaping.
K.
All plans shall indicate a ten-foot buffer zone along side lines
and rear lines, with adequate landscaping or shrubbery.
L.
Prior to the approval of any plan, the Planning Board shall require that the applicant shall post a surety bond in form required by the Township for subdivisions, and in an amount to be fixed by the Planning Board, to cover the cost of installation of roads and in compliance with §§ 363-6, 363-7, 363-9, 363-10, 363-11 and 363-12.
M.
Neither the establishment of any road on said plan or the requirement
of any bond shall relieve the owner of the park from the maintenance
of all roads as shown on said plan.
N.
It shall be the duty and responsibility of the owner to remove all
snow from roads and walks in park or camp within 24 hours after the
cessation of fall. In the event that the owner fails so to do, the
Township shall have the right to effect such snow removal as may be
required for the health, safety and welfare of the occupants of said
park, and the cost thereof shall be charged against the owner for
said snow removal. Failure to pay the cost of said snow removal within
30 days after demand by the Township shall be cause for the revocation
of the license for said park.
O.
Said plan shall also provide for adequate drainage of the park and
all requirements of drainage off site, in accordance with the Township
rules and regulations, and ordinances governing same shall be complied
with.
A.
Every mobile home park shall be provided with electric power. An
electric outlet supplying 110 volts to 115 volts should be provided
for every mobile home space. The outlets shall be weatherproof, and
in easy reach of parked mobile home. In no instance should any power
line across the mobile home area be less than 18 feet above the ground.
All electric wiring in the mobile home park should be in accordance
with the Ocean County and New Jersey Codes, or in the absence of local
codes, then in accordance with the National Electrical Code. Adequate
overcurrent protection shall be provided on all circuits. Service
drops to each mobile home space shall be weatherproof, insulated and
not smaller than two Number 8 wires.
B.
Street and yard lights sufficient in number and intensity to permit
safe movement of vehicles and pedestrians shall be provided. Lights
shall be at least 25 watts, spaced at intervals of at least 100 feet
and located approximately 15 feet from the ground, and shall be effectively
related to buildings, walks, trees, steps and ramps. Lights shall
be kept burning from sunset to sunrise.
Mobile home parks shall be located only in rural, highway, business
and industrial zones.
A.
All mobile home parks shall be connected with an approved public
water supply where available, supplied to each mobile home space by
pipe.
B.
Where a public water supply is not available, a suitable private
water supply shall be developed that meets standards prescribed by
the New Jersey Department of Health as safe for drinking purposes.
Water shall be piped to each mobile home space.
C.
Water distribution and storage facilities shall be adequate to supply
a continuous year-round frost-free water supply of at least 150 gallons
per day per mobile home space, at a rate of six gallons per minute,
with a residual pressure of 20 pounds per square inch. Wells shall
be at least 10 feet deep and located at least 200 feet from any privy,
septic tank or cesspool and/or as approved by a health officer, and
as required by local ordinance.
D.
Dependent mobile home spaces shall be provided with sanitary facilities in service buildings not less than 25 or more than 150 feet from any dependent mobile home, as outlined in § 363-10 below. Such service buildings shall provide abundant hot water supply at all times for bathing, washing and laundry facilities.
Each park renting space to dependent mobile homes shall be provided
with toilets, baths or showers, slop sinks and other sanitation facilities,
which shall conform to the following requirements:
A.
Toilet facilities of men and women shall be either in separate buildings
at least 20 feet apart, or shall be separated, if in the same building,
by a soundproof wall.
B.
Flush toilets shall be placed in conveniently located buildings not
more than a distance of 200 feet from any dependent mobile home. The
building shall be well lighted at all times, ventilated with screened
openings and constructed of moistureproof materials permitting satisfactory
cleaning. The floors shall be concrete or similar materials, slightly
pitched to a floor drain. Toilets shall be enclosed in separate compartments
with doors, and have a minimum width of two feet eight inches. Toilet
facilities for women shall consist of not less than one flush toilet
for every five dependent mobile home spaces, one shower or bath for
every five dependent mobile home spaces, and one lavatory with hot
and cold running water for every five dependent mobile home spaces.
Each toilet and bathtub shall be in a private compartment.
C.
Toilet facilities for men shall consist of not less than one flush
toilet for every five dependent mobile home spaces, one shower or
bathtub for every five dependent mobile home spaces, and one lavatory
with hot and cold running water for every five dependent mobile home
spaces. Each toilet, shower and bathtub shall be in a private compartment.
F.
Service buildings housing the toilet facilities shall be permanent
structures complying with all applicable ordinances and statutes regulating
buildings, electrical installations and plumbing and sanitation systems,
and shall be located not closer than 25 feet, not farther than 150
feet, from any dependent mobile home space.
G.
Each service building shall contain at least one slop sink located
in a separate compartment.
H.
The service buildings shall be well lighted at all times of the day
and night, shall be well ventilated with screened openings, shall
be constructed of such moistureproof material, including the painted
woodwork, as shall permit repeated cleaning and washing, and shall
be maintained at a temperature of at least 68° F during the period
from October 1 to May 1. The floors of the service building shall
be of water-impervious material and shall slope to a floor drain connected
with the sewerage system.
I.
All service buildings, mobile homes, mobile home spaces and the grounds
of the park shall be maintained in a clean, sightly condition and
kept free of any conditions that will menace the health of any occupant,
of the public or constitute a nuisance.
A.
The laundry facilities shall be provided in the ratio of one double
laundry tub and ironing board, or one standard washer and drier, for
every 10 mobile home spaces. An electric outlet (110 voltage) shall
be located conveniently near the ironing board. Drying spaces shall
be provided sufficient to accommodate the laundry of the park occupants.
The service building housing the laundry facilities shall be a permanent
structure complying with all applicable ordinances and statutes regulating
buildings, electrical installations and plumbing and sanitation systems.
Hot water shall be provided for clothes-washing equipment.
B.
Outside drying space adjacent to the service building or other clothes-drying
facility shall be provided. A minimum of 50 square feet per mobile
home space shall be provided in the area used for outside clothes
drying.
A.
A system of sanitary sewerage shall be provided in mobile home parks,
and all waste and soil lines discharging from buildings and mobile
homes shall be connected thereto. Each mobile home space shall be
provided with a trapped sewer below frost lines at least four inches
in diameter and sloped so as to provide a minimum flow velocity of
not less than two feet per second when flowing half-full. The sewer
shall be provided with suitable fittings, so that a water- and gastight
connection can be made between the mobile home drain and the sewer
connection. Such individual home connections shall be so constructed
that they can be closed when not linked to a mobile home, and shall
be trapped in such a manner as to maintain them in an odor-free condition.
Sufficient cleanouts, handholes and manholes shall be installed in
sewer systems so as to maintain serviceable conditions. Sewer lines
shall be located in a separate trench from water mains.
B.
All sewers shall discharge into a public sewerage system where feasible,
or where possible. In the absence of a public sewerage system, adequate
private sewage disposal and treatment facilities shall be installed
to treat a minimum average of 150 gallons per day per mobile home
space of ultimate capacity of the park. The treatment facility shall
be located so that it shall not create a health or odor nuisance to
the park or adjacent property occupants, or discharge untreated effluents
in any body of water.
C.
All sewerage systems shall meet applicable local plumbing and sanitary
codes, shall be approved by the Health Officer and/or appropriate
officials, and shall meet standards of the New Jersey Health Department.
A.
A fly- and watertight metal garbage can shall be provided for each
mobile home space adequate to permit disposal of all garbage and rubbish.
Garbage shall be collected at least twice a week.
B.
Racks and holders shall be provided for all refuse containers. Such
container racks shall be designed so as to prevent containers from
being tipped, to minimize spillage and container deterioration, and
to facilitate cleaning around them.
A.
Insect and rodent control measures to safeguard public health, as
recommended by the Health Officer or other authority, shall be applied
in the mobile home park.
B.
Effective larvicidal solution may be recommended by the Health Office
for fly- or mosquito-breeding areas which cannot be controlled by
other, more permanent measures.
C.
Accumulations of debris which may provide harborage for rodents shall
not be permitted in the mobile home park.
D.
When rats or other rodents are known to be in or near to the mobile
home park, the operator shall take definite action under direction
by appropriate health authority to exterminate them.
E.
Suitable measures as recommended by the Health Officer shall be taken
by the mobile home park operator to control other insects and obnoxious
weeds.
A.
Fire alarms and instructions. Provision shall be made for giving
a general alarm in case of fire. A bell, iron hoop or a similar manually
operated device may be used for this purpose. It shall be the duty
of the mobile home park owner or operator to instruct all tenants
of means of summoning fire-fighting apparatus, police, medical help,
and of the proper operation of fire extinguishers. A public telephone
without the necessity of inserting a coin shall be available at all
times to summon fire, police and other protective services. Up-to-date
lists of telephone numbers of emergency services shall be permanently
displayed near the telephone.
B.
Fire extinguishers. Every mobile home in the park shall be equipped
with at least one approved hand-operated fire extinguisher of a type
suitable for use on oil fires, preferably the foam type. The extinguisher
shall be installed on the inside of the mobile home in a fixed location,
preferably near a door, but in no case in close proximity to the cooking
or heating stove. In the absence of a system of yard hydrants and
hose, a complement of approved fire extinguishers on wheels for every
20 mobile home spaces shall be provided, located not farther than
150 feet from any mobile home. Each complement of extinguishers shall
contain one foam-type extinguisher (with antifreeze) of a two-and-one-half-gallon
rated capacity, for Class A type fires; and at least one approved
carbon-dioxide dry chemical or vaporizing liquid extinguisher of at
least twenty-five-pound capacity for Class B oil-type fires. All extinguishers
shall be kept in good operating condition and checked yearly by an
appropriate authority.
C.
Mobile home park areas shall be kept free of litter, rubbish and
other flammable material.
D.
Means of egress. Two doors, one located at each end of the mobile
home, shall be provided on the right side of the body. Doors and screen
doors shall be of the hinged type, opening outwardly from the inside.
Locks, when provided, shall be of the type that permits opening from
the inside by the simple operation of a knob or lever or by pressure
against the door.
A.
Oil-burning cooking and heating stoves shall be of an approved type
and shall be provided with flue connections to the outside of the
mobile home. Flues shall penetrate the roof of the mobile home through
a weathertight sheet metal shield or roof jack which shall provide
a clearance of at least two inches between the flue and combustible
roof material, if approved outlet flues are provided. A clearance
of at least six inches shall be provided if metal flues are used.
Downdraft diverters shall be provided on all vents from oil-burning
stoves.
B.
Oil-burning stoves for heating purposes may provide for attachment
to fuel tanks located outside and separate from the mobile home. Auxiliary
oil storage tanks, when provided, shall be so located as to require
filling and drainage on the outside of the mobile home and shall be
securely fastened in position in a place readily available for inspection.
When installed in closed compartments outside the mobile home, such
compartment shall be ventilated at the bottom.
C.
No gasoline or portable stove equipment shall be permitted. Fires
shall be made only in approved stoves, incinerators and other equipment
intended for such purposes.
Cylinders containing liquefied petroleum gas or oils to be used
as fuel by mobile home occupants should be connected to the stove
or heaters of the mobile home by copper or other metallic tubing,
to provide leakproof connections. The cylinders should be securely
fastened in place, not less than five feet from any coach exit. State
and local codes applicable shall be followed.
No owner or person in charge of any dog, cat or other pet animal
shall permit it to run at large.
A.
No permanent additions of any kind shall be built onto nor become
part of any mobile homes. Skirting of mobile homes is permissible,
but such skirting shall not attach the mobile home permanently to
the ground, create a fire hazard or provide a harborage for rodents.
B.
The wheels of the mobile home shall not be removed, except temporarily
when necessary for repairs. Jacks or stabilizers may be placed under
the frame of the mobile home to prevent movement on the springs while
the mobile home is parked and occupied.
At least 100 square feet per each mobile home space shall be
made available in one or more areas for recreational uses. These areas
shall be located so as to be free of traffic hazards.
A.
It shall be the duty of the licensee to keep a register containing
a record of all mobile homes, owners and occupants located within
the park. The register shall contain the following information:
(1)
Name and address of each occupant, and age if under 21.
(2)
The make, model and year of all automobiles and mobile homes.
(3)
License number and owner of each mobile home and automobile by which
it is towed.
(4)
The state issuing such license.
(5)
The dates of arrival and departure of each mobile home.
(6)
Place of previous residence.
(7)
The permanent address.
(8)
Forwarding address.
B.
The park operator shall keep the register available for inspection
by Township officials at all times. The register records shall not
be destroyed for a period of three years following the date of registration.
A responsible attendant, caretaker, owner or operator shall
be in charge at all times to keep the mobile home park, its facilities
and equipment, in a clean, orderly and sanitary condition, and he
or she shall be answerable with the licensee for any violation of
the provisions of this article.
It shall be the duty of each park owner or operator to report
promptly to the Health Officer or other officials all cases of persons
and animals infected or suspected of being infected with a communicable
disease.
The designated authority or Health Officer shall make inspections
of the park to assure compliance with this article, and parks shall
be open for such inspections at all reasonable hours. In case of noncompliance
with any provisions of this article, the designated authority shall
serve warning to the licensee. Thereafter, upon failure of the licensee
to remove said violation, the Township Committee shall hold hearings
on the matter, and upon determination of noncompliance, revoke said
license. The license may be reissued if the circumstances leading
to the revocation have been remedied, and the park can be maintained
and operated in full compliance with the law.
The license certificate and a copy of this article shall be
conspicuously posted in the office or on the premises of the mobile
home park at all times.
Any person violating this article shall be fined not less than
$25 nor more than $100 for such offense or, in default of payment
of the fine and costs imposed, shall be sentenced to the county jail
for a period not exceeding five days. Each day that a violation is
permitted to exist shall constitute a separate offense. Payment of
the fine shall not constitute compliance with this article.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Rent
Leveling; Rent Leveling Board, adopted 10-26-1976 by Ord. No. 1598,
amended in its entirety 4-11-1978 by Ord. No. 1733, and subsequently
amended.
The following definitions shall apply to this article:
Fit for habitation, as defined by the statutes, codes and
ordinances in full force and effect in the State of New Jersey, County
of Ocean and Township of Toms River, and occupied or unoccupied and
offered for rent.
The consumer price index (all items) for the region of the
United States of which the Township of Toms River, New Jersey, is
a part, published periodically by the Bureau of Labor Statistics,
United States Department of Labor.
Includes that portion of a mobile home park rented or offered
for rent, for the purpose of parking or positioning a trailer or mobile
home for living and dwelling purposes, to one or more tenants or family
units, together with all the privileges, services, equipment, facilities
and improvements connected with the use or occupancy of such portion
of the property. Mobile home spaces which are newly constructed and
rented for the first time are exempted, and the initial rent may be
determined by the owner. All subsequent rents will be subject to the
provisions of this article.
The payable rent charged and received for the mobile home space over the previous twelve-month period, exclusive of any of the following: all real property taxes, space fees or license fees charged by the Township of Toms River pursuant to any duly adopted ordinance and any cost of supplied utilities and any increase for hardship or major capital improvements as permitted by § 363-34 hereof.
Mailing, to the home address by certified mail, return receipt
requested, or in-hand delivery certified to by affidavit, or an acknowledgment
of service executed by the person served, which affidavit or acknowledgment
of service must be retained in the records of the person causing service.
Fuel, electrical, water and sewer services supplied directly
to the individual mobile home for which services the landlord is responsible
to the supplier for payment.
A.
Establishment of rents between a landlord and a tenant to whom this
article is applicable shall hereafter be determined by the following
provisions:
(1)
At the expiration of the tenancy for a mobile home space, no landlord
may request or receive any increase in the rental income and additional
charges for that mobile home space from any tenant, new or continuing,
which is greater than a combination of the following:
(a)
Any increased cost to the landlord for supplied utilities.
(b)
Any increased cost to the landlord in mobile home space fees
or license fees charged by the Township of Toms River pursuant to
any duly adopted ordinance.
(c)
Any amount equal to 3 1/2% of the previous twelve-month
rental income for the mobile home space or the percentage increase
in the consumer price index over the twelve-month period ending 120
days prior to the date of the application for said increase, whichever
shall be less.
(2)
Any new or continuing tenant at the termination of a tenancy shall
not suffer or be caused to pay any rent increase for the mobile home
space in any twelve-month period which exceeds the above-permitted
increase for the twelve-month period.
B.
No landlord may request or receive of the tenants any increase in rental income or additional charges except as provided by this section and until such time as the landlord shall have obtained approval in writing from the Rent Leveling Board, as hereinafter established, for said increase. The Rent Leveling Board, when considering a request for an increase in rental income, shall not take into consideration depreciation as an expense for the landlord. The definition of the term “depreciation” shall be the definition enunciated in the Federal Internal Revenue enactments and regulations. Furthermore, the Rent Leveling Board, when considering a request for an increase in rental income or additional charges, shall consider as landlord expenses reasonable legal, appraisal, accounting and other related professional fees. Furthermore, there shall be only one increase granted per landlord per mobile home park per calendar year, for each of the increases permitted by this section, which request and decision shall be binding upon all tenancies of that particular mobile home park which expire thereafter during said calendar year, unless as otherwise provided herein. The landlord shall notify the Rent Leveling Board in writing at least 60 days prior to the effective date of any increase proposed pursuant to the provisions of this section. At the same time, a copy of said notice, together with a notice to quit premises, if an increase is being requested pursuant to Subsection A(1)(a) or (c) herein, shall be served upon any tenant who may be affected by the increase applied for. Upon receipt of said notice, and where the increase sought is based on the terms of Subsection A(1)(a) or (c) herein, the Rent Leveling Board shall schedule a hearing on said increase, and the landlord shall post in a conspicuous place in or about the park a notice of said hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon the terms of Subsection A(1)(b) herein, no hearing shall be scheduled, and the increase shall become effective on the date specified in said notice if all other applicable provisions of this article are complied with.
Where a mobile homes park or any part thereof is being operated
in violation of municipal codes and where such violation adversely
affects habitability, any affected tenant or tenants may apply to
the Board for a reasonable reduction in rent, commensurate with any
such effect on habitability, whereupon the Board shall duly notify
the landlord and schedule the matter for a hearing. If, as a result
of such a hearing, the Board determines that a violation of a municipal
code exists and that such violation affects habitability, it may grant
a reasonable reduction in rent to the affected tenant or tenants,
which rent shall remain in effect until the landlord corrects the
said violation or violations.
Any rental income or additional charge increase at a time other
than at the expiration of a tenancy or termination of a periodic tenancy
shall be void, except as otherwise provided in this article. Any rental
income or additional charge increase in excess of that authorized
by the provisions of this article shall be void.
A tenant shall be entitled to a rent reduction from a landlord
because of a decrease in the municipal property taxes or cost of supplied
utilities or any decrease in space fees or license fees charged by
the municipality. The reduction shall not exceed that amount authorized
by the following provisions:
A.
Where the decrease consists of a decrease in the municipal property
tax due to aid received from the State Aid for Schools Fund and where
said decrease is subject to the provisions of P.L. 1976, c. 63 (N.J.S.A.
54:4-6.2 et seq.), as may be amended from time to time, the landlord
shall make such rebate upon such terms as P.L. 1976, c. 63, provides.
B.
Where the decrease consists of a decrease in the municipal property tax other than that decrease provided for in Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of completed mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing September of each year. Any tenant entitled to a rent decrease hereunder shall be served with a notice of the calculations involved in computating such reduction and the effective date of such reduction.
C.
Where the decrease consists of a decrease in the cost of supplied
utilities, space fees or license fees, the landlord shall divide the
decrease in the present cost of supplied utilities, mobile home space
fees or license fees over the cost of supplied utilities, mobile home
space fees or license fees of the previous year by the total number
of completed mobile home spaces in the mobile home park to obtain
the decrease per space. The decrease each tenant is entitled to shall
be a credit to rent on 12 monthly installments commencing from the
effective date of said reduction. Any tenant entitled to a rent decrease
hereunder shall be served by the landlord with a notice of the calculations
involved in computing such reduction and the effective date of such
reduction.
A landlord shall be entitled to a rent surcharge for any increase
in municipal property taxes. Any landlord seeking a surcharge for
property taxes shall serve the tenants with a notice, at least 30
days prior to the date on which said surcharge is to be effective,
of the calculations involved, including the property tax for the mobile
home park for the year immediately preceding the year for which the
tax surcharge is sought, and the increase in the present tax over
the tax for the preceding year divided by the total number of completed
mobile home spaces in the mobile home park. The tax surcharge each
tenant is liable for shall be paid in 12 monthly installments commencing
September of each year.
A.
In the event that a municipal property tax appeal is taken by the
landlord and the landlord is successful in said appeal and the taxes
reduced, the tenants involved shall receive 50% of said reduction
after the landlord's costs of securing said tax reduction have been
deducted. The landlord shall receive the remaining benefits of the
tax reduction. Thereafter, in succeeding years, the benefit of such
successful tax appeal shall be divided evenly between the tenants
and the landlord.
B.
Any such successful landlord shall serve the tenants, within 30 days
after receipt of the judgment, with a notice of the calculations involved,
including an itemization of the costs of securing said reduction and
the reduction each tenant is entitled to, determined by dividing 1/2
of the remainder of the amount of said tax reduction by the number
of completed mobile home spaces in the mobile home park.
A.
Hardship.
(1)
A landlord who finds that present rental income and additional charges
from the mobile home park on which he or she seeks relief hereunder
are insufficient to cover the cost of payments on a first mortgage
and any subsequent mortgages used to improve and upgrade the mobile
home park and/or payments for maintenance and/or all operating costs
and at the same time ensure the landlord a just and reasonable return
may appeal to the Rent Leveling Board for an increase in rental income.
Only one hardship appeal may be made per landlord per mobile home
park during any twelve-month period. The Rent Leveling Board, when
considering an appeal under this section, shall not take into consideration
depreciation as an expense and/or cost for the landlord. The definition
of the term "depreciation" shall be the definition enunciated in the
Federal Internal Revenue enactments and regulations. The Rent Leveling
Board, when considering an appeal under this section, shall consider
as landlord expenses or costs reasonable legal, appraisal, accounting
and other related professional fees. Following a hearing, the Board
may grant the landlord a hardship rent increase to meet these needs
after considering the following:
(a)
The proofs presented by the landlord, which proofs may at the
discretion of the Rent Leveling Board include the presentation of
a certified audit of the mobile home park prepared by a certified
public accountant, who shall be licensed by the State of New Jersey.
(b)
The condition of the mobile home park.
(c)
The degree of hardship to the landlord.
(2)
Prior to any such appeal to the Board, a landlord must post in a
conspicuous place in and about the mobile home park a notice of said
appeal, setting forth the basis for said appeal. Each tenant to be
affected must, at the same time, be served with notice of the appeal
and with a notice to quit the premises. The landlord must thereafter
post a notice of the appeal hearing date in a conspicuous place at
the mobile home park at least five days prior to the appeal hearing
date. If said increase is granted, it shall not be considered rental
income and not calculated in allowable increases as otherwise set
forth in this article.
(3)
Negotiated settlements.
(a)
Where the owner of a mobile home park and the tenants thereof agree to a negotiated settlement of rents by a simple majority of those tenants who actually vote on such a negotiated settlement, in accordance with Subsection A(3)(c) hereof, such negotiated settlement, upon the approval of the Toms River Township Rent Leveling Board, shall have the effect of authorizing the owner to increase or decrease rentals for all mobile home park rental spaces. Such negotiated settlements shall take effect in accordance with the terms and conditions thereof, and a copy of any such negotiated settlement shall be filed with and heard within 45 days and approved by the Rent Leveling Board of the Township.
(b)
As a precondition to entering into a negotiated settlement,
the affected tenants must form a negotiating committee of at least
three tenants, who shall conduct the negotiations with the landlord
or his or her representative on behalf of the tenants.
(c)
Prior to seeking approval of any such negotiated settlement
from the Board, a landlord must post in a conspicuous place, in and
about the mobile home park, a copy of said negotiated settlement,
setting forth in full the settlement arrived at and advising the tenants
of the voting procedure. Each occupied mobile home space shall be
entitled to one vote.
(d)
Each tenant to be affected must be served with a notice to quit
the premises. The landlord must thereafter post a notice of the hearing
date before the Rent Leveling Board, including a designation of where
the hearing is to be held, in a conspicuous place at the mobile home
park, at least five days prior to the negotiated settlement hearing
date.
(e)
In order to obtain the approval of the Rent Leveling Board of
the Township, the negotiating committee and the landlord must be present
at the hearing to present the negotiated settlement. The negotiating
committee formed by the tenants must provide, at the hearing, sufficient,
credible evidence in writing that all tenants were notified of the
proposed negotiated settlement and, further, must provide at the hearing
sufficient credible evidence in writing that the negotiated settlement
was approved by a simple majority of those tenants who actually voted.
(f)
There may only be one negotiated settlement in any mobile home
park during a one-year period.
B.
Major improvements. A landlord may seek an additional charge for
major capital improvements. "Capital improvements" shall be any item
considered as such under the Federal Internal Revenue enactments and
regulations. Prior to filing an appeal with the Rent Leveling Board,
the landlord must serve each tenant with a notice of the total cost
of the completed capital improvement, the number of useful years of
life of the improvement as claimed by the landlord for purposes of
depreciation for income tax purposes, the average cost, including
debt service, of the improvement (calculated by dividing the cost
of the major improvement by the total number of completed mobile home
spaces in the mobile home park) and the capital improvement surcharge
he or she is seeking from each tenant. The landlord seeking a capital
improvement surcharge shall appeal for said surcharge to the Rent
Leveling Board, which shall determine, after the landlord has served
notice to the affected tenants of a hearing date, if said improvement
is a major improvement and, if so, the amount of increase granted
for such major improvement and establish the conditions of such increase.
If said increase is granted, it shall not be considered rental income
and not calculated in allowable increases as otherwise set forth in
this article. In any event, no increase granted by authority of this
subsection shall exceed 10% of the tenants' rental income, unless
said increase or capital improvement is mandated by law.
C.
Mobile home space revitalization increase.
(1)
In addition to any other rent increases authorized pursuant to this
subsection, a landlord shall be allowed to increase the rent charged
on a mobile home space when a vacancy occurs, as follows:
(a)
If the mobile home located on a previously occupied and rent-controlled
mobile home space is removed from the space and a new mobile home
is placed thereon by the landlord or his or her authorized representative,
the base rent can be increased up to 40%. This subsection does not
apply in the event that an existing tenant, without termination of
the existing tenant's tenancy rights on a rent-controlled site, replaces
his or her existing home with a different home. It will also not apply
to an existing tenant's rent if that tenant is relocated within the
mobile home park. It is the intention of this provision to give the
landlord an increase of up to 40% of base rent when the rented space
becomes empty at the same time as a termination of an individual tenant's
occupancy rights.
(2)
No one mobile home space shall be the subject of more than one rent
increase in any one-year period under the mobile home space revitalization
increase.
(3)
After the increase is implemented by a landlord, that landlord shall be deemed to waive any increase for the same mobile home space, authorized by the Rent Board, pursuant to the provisions of § 363-34A(1) (hardship increases), any increases pursuant to § 363-34A(3) (negotiated settlement), any increase pursuant to § 363-34B (major capital improvements) or any increase pursuant to § 363-28A(1)(c) (consumer price index - 3.5% increases) during the first year of the new tenant's residency in the mobile home park. Any such increase shall only be waived for a period of one year. Thereafter, the landlord can collect the increase in rent from the tenant occupying the affected mobile home space. However, any tax pass through increases (imposed pursuant to § 363-32) or utility increases [authorized pursuant to § 363-28(A)(1)] can be collected from any new tenant at the same time the landlord collects said increase from any of the other tenants in the mobile home park, as authorized pursuant to the terms of this subsection.
(4)
This subsection will preclude the mobile park owner from passing
on any capital improvement associated with the revitalization of a
vacant site to any tenant other than the new tenant that occupies
the revitalized site.
A.
Board created.
(1)
There is hereby created a Rent Leveling Board within the Township
of Toms River. The Board shall consist of five regular members. The
Chairperson shall be chosen by the Township Council from among the
five regular members. The Board shall designate its own Vice Chairperson
to serve, when needed, as the Acting Chairperson. All members shall
be appointed by the Township Council and shall serve, commencing with
the initial appointments, terms of one year, two years, three years,
four years and five years, respectively, and thereafter terms of five
years, commencing the first day of January of the year of their appointments.
[Amended 8-9-2011 by Ord. No. 4318-11]
(2)
There shall be two alternate members appointed by the Township Council
to serve in the absences or disqualification of a corresponding regular
member. Commencing with initial appointments, one alternate member
shall serve a two-year term and the other alternate member a one-year
term, and thereafter both shall serve two-year terms.
[Amended 8-9-2011 by Ord. No. 4318-11]
(3)
Vacancies shall be filled for the balance of the terms. Members shall
not hold any other elective office or elective position in the Township.
The members of the Board shall serve without compensation but shall
be reimbursed for reasonable and necessary expenses. The Board shall
have available to it such clerical assistance, legal assistance and
auditors' services as are budgeted annually by the Township Council.
No member shall vote upon or enter into discussions as to any matter
in which he or she has a direct or indirect interest, financial or
otherwise.
B.
Powers and duties.
(1)
The Rent Leveling Board is hereby granted and shall have and exercise,
in addition to other powers herein granted, all the powers necessary
and appropriate to carry out and execute the purposes of this article,
including but not limited to the following:
(a)
To issue and promulgate such rules and regulations as it deems
necessary to implement the purposes of this article, such rules and
regulations being subject to the approval of the Township Council.
(b)
To supply information and assistance to landlords and tenants
to help them comply with the provisions of this article.
(c)
To hold hearings and adjudicate applications from landlords
for additional rental income or charges as hereinafter provided.
(d)
To hold hearings and adjudicate applications from tenants for
reduced rental income or charges as herein provided.
(2)
Said Board shall give both the landlord and tenant reasonable opportunity
to be heard before making any determination and shall base its determination
on the reasonable, credible evidence before it, although the strict
rules of evidence shall not apply. The Board shall render an oral
decision within 30 days after the close of hearings. The Board shall
maintain minutes of its hearings and/or meetings.
Where there exists a disparity in rents within a mobile home
park for substantially similar facilities due to the enactment of
this article combined with the differing expirations and renewals
of certain tenancies, any affected party may petition the Board for
a hearing consistent with the terms of this section. If, as a result
of such hearing, the Board finds a disparity in rents for the reasons
aforesaid, the Board may, in its discretion, raise those low rents
to the level of the majority of rents within the mobile home park
for similar facilities. A petitioner requesting such hearing shall
serve every party to be affected with a written notice of the reasons
for his petition, including the calculations involved in the proposed
increase, at least 60 days prior to the proposed effective date of
any such increase. Upon the scheduling of a hearing on such petition,
the petitioner shall post, in a conspicuous place in or about the
mobile home park to be affected, a notice of said hearing date at
least five days prior to the proposed date of hearing and shall serve
every party to be affected with such notice of hearing date.
A.
During the term of this article, the landlord shall maintain the
same standards of service, maintenance and equipment in the mobile
home park or mobile home spaces as he or she provided or was required
to do by law or lease, written or unwritten, as of the original effective
date of this article.
B.
Where the landlord fails to maintain such standards and where such
failure results in a substantial reduction of such standards, any
tenant may appeal to the Board for a reasonable reduction in rent,
commensurate with such reduction in standards, whereupon the Board
shall duly notify the landlord and schedule the matter for hearing.
If, as a result of such hearing, a reduction in rent is granted, it
shall take effect as specified by the Board and shall remain in effect
until the landlord proves the standards are being maintained.
A willful violation of any provisions of this article, including
but not limited to the willful filing with the Rent Leveling Board
of any material misstatement of fact, shall be punishable by a fine
of not more than $500 or imprisonment for not more than 90 days, or
both, in the discretion of the court, for each day the violation continues.
A violation affecting more than one leasehold shall be considered
a separate violation as to each leasehold.
