The Borough Council hereby declares that an emergency exists
within the Borough of Wallington with respect to the rental of housing
space in multiple-family dwellings not subject to rent regulation
by reason of the demands for increases in rent which are excessive,
unwarranted and not necessarily related to the reasonable value of
the rental facilities offered or to the inflationary trends generally.
Such increases tend to exceed cost-of-living and increased services
justifications and are causing severe hardships upon tenants and are
adversely affecting the health, safety and general welfare of the
citizens of the Borough of Wallington, warranting legislative action
by the governing body.
As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING
Includes any building or structure rented or offered for
rent to four or more tenants or family units. Exempt from this chapter
are premises primarily serving transient guests, buildings in which
up to 1/3 of the occupied floor space is commercial and dwellings
containing five or fewer units in which the owner of the premises
resides.
HOUSING SPACE
Includes that portion of a dwelling rented or offered for
rent for living and dwelling purposes to one individual or family
unit, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the property.
PRICE INDEX
The Consumer Price Index (all items) for the region of the
United States of which this portion of New Jersey is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
In the event that a landlord cannot meet his mortgage payments
and maintenance, he may appeal to the Rent Leveling Board for increased
rental. The Board may grant the landlord a hardship rent increase
to meet these payments only if it shall first determine from a complete
disclosure of all relevant facts that all the landlord's claimed expenses
are reasonable and usual.
[Added 9-9-1976 by Ord. No. 76-9]
In the event that a landlord feels that a subject property is
not yielding a just and reasonable rate of return, application may
be made to the Rent Leveling Board for increased rental. The Board
may grant the landlord a just and reasonable rate of return increase
only if it shall first determine that the same is just and reasonable
from such factors as, but not limited to, the value of the property,
the gross income, the costs of operation and maintenance of the building,
the manner and method of financing of the building and such other
facts and information as the Board may deem necessary.
[Amended 9-9-1976 by Ord. No. 76-9; 12-20-1993 by Ord. No. 93-19]
A willful violation of any provision of this chapter, including but not limited to the willful filing with the Rent Leveling Board of any material misstatement of fact, shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Wallington. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
This chapter, being necessary for the welfare of the Borough
and its inhabitants, is remedial and shall be liberally construed
to effectuate the purposes thereof.
[Amended 9-9-1976 by Ord. No. 76-9]
This chapter is to take effect immediately upon passage and
publication as required by law. This chapter shall continue but shall
be reviewed annually by the Rent Leveling Board. Reports shall be
made to the governing body prior to the anniversary date of the chapter
each year.
[Added 7-26-2018 by Ord. No. 2018-8]
A. Any applicant before the Rent Leveling Board for the following applications: 1) §
283-5, Capital improvements; 2) §
283-8, Mortgage appeal; hardship rent increase; and 3) §
283-9, Increase in rent for just and reasonable rate of return; must deposit an escrow fee in the amount of $2,000 with the Rent Leveling Board to cover the costs and expenses for professional services incurred by the Board in connection with application review. Such services shall include, but not be limited to attorneys, accountants and any other professionals or consultants hired by the Board to aid or assist in reviewing, evaluating and acting upon such applications.
B. Said professional service and cost escrow deposits shall be in addition
to the required particular application/permit fee for the project
in question. All escrow fees required herein shall be paid prior to
any application being deemed complete. Moreover, the payment of the
required fee(s) in question shall not deem an application complete.
C. In the event the cost of the review services by professionals and
consultants exceed the amount of the initial escrow deposit, sufficient
additional escrow monies shall be placed on deposit prior to final
action on the application.
D. All professionals and consultants retained by the Board shall submit
vouchers for services rendered. All fees charged shall be reasonable
as determined by the practice in their respective field of expertise
and shall be paid at the same municipal rate paid by the Board. No
applicant shall be charged for any municipal, clerical or administrative
functions, overhead expenses, meeting room charges or any of the municipal
costs and expenses except as provided for specifically by statue,
nor shall a municipal professional add any such charge to his bill.
E. All professional and consultant charges in connection with an application
shall be withdrawn from the applicant's escrow account upon written
submission of a duly executed voucher to the Board and subject to
approval by the Board on its monthly list of bills.
F. Subsequent to final review and approval of an application, any escrow
monies remaining on deposit with the Board shall be refunded to the
applicant within 45 days of submission of the final invoice by the
Board's professionals and consultants with respect to said application.