[HISTORY: Adopted by the Township Council of the Township of Old
Bridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Multiple dwellings — See Ch.
290.
[Adopted by Ord. No. D-180 (Ch. XIA of the 1973
Revised General Ordinances)]
[Amended 12-16-1985 by Ord. No. 57-85]
The following words and phrases shall have, for the purposes of this
article, meanings as set forth herein:
AVAILABLE FOR RENT TO TENANT
Fit for habitation as defined by the statutes, codes and ordinances
in full force and effect in the State of New Jersey, County of Middlesex,
Township of Old Bridge and occupied or unoccupied and offered for rent or
rented.
CAPITAL IMPROVEMENT
A permanent improvement that is reasonably expected to last more
than one year. Improvement may benefit the dwelling and must be subject to
an allowance for depreciation under federal income tax provisions. The term
"capital improvement" shall not be applicable if the improvement is merely
for replacement, repair, rehabilitation or mandated by law.
COMPLEX
Includes all housing units advertised as available for rent to tenants
under the same management and trading under the same name.
CPI
The Consumer Price Index (all items) for that region of the New York-Northeastern
New Jersey area in which the Township of Old Bridge is included, which index
is periodically published by the Bureau of Labor Statistics of the United
States Department of Labor.
DWELLING SPACE
Includes that portion of a housing space rented or offered for rent
for living purposes to an individual or family unit. Recreation rooms in the
basement shall be considered living space for the purpose of determining surcharges
or rebates.
ENERGY EMERGENCY
Any month in which the increase of the energy portion of the CPI
constitutes over 50% of the total increase in the CPI for that month an energy
emergency shall be declared.
FAIR RENTAL
A.
The prevailing rental applicable to each dwelling unit in the Township
as of October 18, 1976, and as may be increased in accordance with this article.
B.
Increases.
(1)
For those tenants who received a rent increase during the first six
months of 1976, the fair rental shall be the prevailing rate on October 18,
1976, and may be increased in accordance with this article.
(2)
For those tenants who did not receive a rent increase during the first
nine months of 1976 but who received a rent increase after October 18, 1976,
and before March 2, 1977, the fair rental shall be the prevailing rate on
October 18, 1976, plus the average rent increase given during the first nine
months of 1976 for that type of dwelling unit, and may be increased in accordance
with the provisions of this article.
(3)
For all other tenants, the fair rental shall be the prevailing rental
on October 18, 1976, and may be increased in accordance with this article.
HOUSING SPACE
Includes any building or structure or trailer or land used as a trailer
park, rented or offered for rent to one or more tenants or family units, together
with all privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy of such portion of the
property.
JUST CAUSE
For eviction, shall mean that the landlord recovered possession of
a housing space or dwelling for one of the reasons outlined in N.J.S.A. 2A:18-53,
as amended.
LANDLORD
Includes any person, firm, partnership, association, corporation
or other entity and any officer, agent or employee or any of the foregoing
which is the owner, rental agent, manager or otherwise has authority to rent
any rental unit to a tenant.
PERIODIC TENANCY
A tenancy that continues from month to month or other recurring period
until terminated by the landlord or tenant as provided by law. Month-to-month
tenants are included under this article and shall be entitled to the same
protection as tenants under written leases.
RENT
The amount of valuable consideration payable by the tenant to the
landlord for letting or subletting of a dwelling unit.
SENIOR CITIZEN
A person 60 years of age or older as defined under the Title 111
Americans Act of 1965.
SERVICE
The provision of light, heat, hot water, maintenance, bathing, elevator
service, air conditioning, storm windows, screens, superintendent service
and any other benefit, privilege or facility connected with the use or occupancy
of any living space or covered under the state and municipal code.
A. Percentage of increase.
[Amended 12-11-1978 by Ord. No. D-254; 4-24-1980
by Ord. No. D-304; 3-21-1983 by Ord.
No. 10-83; 4-18-1984 by Ord. No. 8B-84]
(1) The fair rental, as defined above, may not be increased
at the expiration of a lease or at the termination of a periodic tenancy of
not less than one year (12 months), except as set forth herein. A landlord
shall not request or receive from a tenant nor increase rents a percentage
increase in rent which is greater than 3% of the existing rent. Any real estate
taxes being passed on to a tenant shall not be included in the above increases.
A landlord shall not request or receive the percentage increase more than
once every twelve-month period for any dwelling unit. The within section shall
be reviewed annually by the Township Council.
[Amended 4-15-1985 by Ord. No. 17-85; 5-18-1987
by Ord. No. 21-87; 5-16-1988 by Ord.
No. 14-88]
(2) Any rental increase at a time other than at the expiration
of a lease or the termination of a period tenancy of not less than one year
(12 months) shall be void.
(3) The terms and provisions of this article as pertains
to rent increases only shall not be applicable to any new lease entered between
June 1, 2006 to May 31, 2010. Rent control shall apply to any renewal, extension
or amendment of any lease now or thereafter in effect. The percentage increase
at renewal for units covered by rent control shall not exceed 2% per year.
The Township Council may review said increase on an annual basis based upon
the recommendation of the Fair Rent Committee.
[Added 5-16-1988 by Ord. No. 14-88;
amended 5-18-1992 by Ord. No. 20-92; 5-13-1996 by Ord. No. 21-96; 2-9-1998
by Ord. No. 12-98; 8-12-2002 by Ord.
No. 40-02; 5-8-2006 by Ord. No. 19-2006]
(4) No landlord shall be entitled to the percentage of increase set forth in Subsection
A(1) above unless said landlord has complied with all disclosure requirements set forth in the Code of the Township of Old Bridge, including but not limited to this article. It shall be a further, additional and separate violation of the Code of the Township of Old Bridge for any landlord who may fail to provide any certified statements that may be required by either the Tax Assessor and/or Rent Stabilization Board of the Township of Old Bridge as well as any other board, agency or commission for which disclosure is required.
[Added 5-16-1988 by Ord. No. 14-88]
B. Discontinuance of services. Any rental increase in excess
of the sum authorized by the provisions of this article shall be void. During
the time of this article, every landlord shall maintain the same standard
of service, maintenance, furniture, furnishings or equipment in the housing
spaces and dwelling units the landlord provided or was requested to provide
by law or lease as of the date of this article. A discontinuance of any service
shall be considered a rental increase by the Board. Any discontinuance of
service must be submitted to the Rent Stabilization Board for approval and
possible reduction in rent. Landlord shall be required to notify all tenants
of any approved changes.
[Amended 4-24-1980 by Ord. No. D-304;
12-16-85 by Ord. No. 57-85]
C. Applications for increases. There shall be a separate
application for each type of dwelling unit by complex. In support of an application
to the Rent Board, the owner or landlord shall make all books and records
applicable to the operation of the dwelling unit available to the Board and
the specific tenant affected.
D. Notices to tenants. Prior to any application under this
section, the landlord shall serve upon each tenant, by registered or certified
mail or personal service, a notice of application filing, setting forth the
basis for said application, the amount of the allowable rental increase, the
allowable percentage increase applied for with respect to that tenant and
the calculations involved in computing the increase, including the consumer
price index, 120 days before the expiration of the lease. A sample copy of
such notice shall be filed with the application of the landlord, together
with an affidavit or certifications of service of notice of application upon
each tenant in the event the certified or registered mail is not received
in 10 days. Notice by regular mail or personal service shall be made by the
landlord or his agent.
[Amended 12-11-1978 by Ord. No. D-254]
[Added 9-15-1980 by Ord. No. D-318]
No landlord shall charge a fee to any tenant for each washing machine
and dryer which said tenant has in his apartment.
[Added 5-22-2006 by Ord. No. 25-2006]
No landlord shall charge a separate fee or security deposit to any tenant
for the installation or removal of a satellite dish.
[Added 9-15-1980 by Ord. No. D-318;
amended 12-5-1983 by Ord. No. 29-83]
No landlord shall charge a fee to any tenant in excess of $10 per month
for each dog kept by a tenant.
[Added 2-16-1982 by Ord. No. 2-82]
Whenever money is collected by the landlord as a security deposit for
the performance of anything, or to be held as a security against the happening
of any event, even though said deposit is not of the type referred to in N.J.S.A.
46:8-19 et seq., said deposit shall be treated by the landlord as though it
were a deposit provided for under N.J.S.A. 46:8-19 et seq., and all provisions
of N.J.S.A. 46:8-19 et seq. shall apply to said deposits as though they were
set forth at length in this section.
[Added 11-15-1982 by Ord. No. 23-82]
No landlord shall charge a separate key deposit to any tenant.
[Added 10-10-2000 by Ord. No. 42-00]
A. Tax increase. A landlord shall receive an automatic increase
in the amount of rent upon an increase in the amount of property tax levied
upon the property which is in effect for the base year and current year. The
landlord shall divide the increase in amount of rent over the property tax
of the previous year by the number of square feet in the dwelling to obtain
the rent increase per square foot. The tenant shall not be liable for a rent
increase exceeding the tax increase per square foot multiplied by the number
of feet occupied by the tenant.
B. Notice to tenant of tax increase. The landlord shall
notify the tenant of the automatic increase in the amount of rent by certified
mail return receipt requested of the calculation involved in computing the
rent increase, including the present property tax for the dwelling, the property
tax for the dwelling the previous year, the number of square feet in the dwelling,
the increase per square foot, the number of square feet occupied by the tenant
and the maximum allowed rent increase.
C. Payment of rent increase. The rent increase each tenant
is liable for shall be paid in 12 monthly payments commencing July 1 of each
year.
D. Automatic increase in rent. The automatic increase shall
not be considered rent for purposes of computing rental increases as provided
for in this article.
A. Rebates on tax appeals.
[Amended 12-5-1983 by Ord. No. 29-83; 12-16-1985
by Ord. No. 57-85]
(1) In the event that a tax appeal is taken and the landlord
is successful in the appeal and taxes are reduced and a rebate made to the
landlord, the tenants shall receive 100% of all such reductions as applied
pro rata to each tenant's living space so leased. The landlord shall be entitled
to deduct from said reduction amount all reasonable and necessary expenses
incurred in connection with the appeal. Prior to deducting these expenses,
the landlord must submit to the Rent Stabilization Board proof of each expense
for which a deduction is sought for Board approval. The net rebate or reduction
to be paid to each tenant shall be deemed to be held in trust for the tenants,
and the full pro rata amount of the rebate or reduction shall be credited
to the account of each such tenant and returned to him by cash payment by
check within 30 days of receipt of money by the landlord. In the event that
the landlord does not return the proportionate share of the rebate to the
tenant within said thirty-day period, a tenant shall be entitled to twice
the net rebate. Money not returned to a tenant because of no forwarding address
should go to the Township for general purposes.
(2) The landlord shall be deemed to have received such rebate
upon his receipt thereof in cash from the receiver of taxes or upon the execution
of any agreement with the receiver of taxes to credit the amount of the rebate
to any outstanding tax bill of the landlord. The Township Tax Collector shall
notify the Rent Stabilization Board of any changes in assessments of an apartment
complex and any rebate for taxes sent to a landlord. The landlord shall submit
to the Rent Stabilization Board, within 45 days after receipt of rent reduction,
a certification that the tenants have received their proportionate share of
the tax rebate.
B. Rebates on other real estate tax reductions. In the event
that real estate taxes are reduced for any other reason, then the tenant shall
receive 100% of the reduction as applied pro rata to the tenant's dwelling
space so leased, commencing 30 days after such reduction and spread over a
twelve-month period consistent with tax surcharge.
A. Composition of Board; terms.
(1) There is hereby created a Rent Stabilization Board within
the Township. The Board shall consist of two landlords or their agents owning
apartment rental property within the Township, three tenants residing within
the Township and three homeowners who reside in the Township who shall be
neither landlord nor tenant. The members of the Board shall be appointed by
the Council.
[Amended 12-5-1983 by Ord. No. 29-83]
(2) The initial terms of office of the members shall be as
follows:
[Amended 4-21-1986 by Ord. No. 12-86]
(a)
One landlord, homeowner and tenant: three years.
(b)
One landlord, homeowner and tenant: two years.
(c)
One homeowner and tenant: one year.
(3) The terms of office of all new members appointed or all
members reappointed after initial terms as outlined above shall thereafter
be three-year terms.
(4) Alternate members. Three alternate members shall be appointed
to the Board for three-year terms, consisting of one homeowner alternate,
one tenant alternate and one landlord alternate.
[Added 4-20-1980 by Ord. No. 11-81]
B. Meetings; quorum; officers; compensation.
(1) Four members shall constitute a quorum.
[Amended 12-11-1978 by Ord. No. D-254]
(2) The Board shall meet on a monthly basis and whenever
necessary.
[Amended 4-20-1981 by Ord. No. 11-81]
(3) The Board shall reorganize no later than January 15 and
shall submit a quarterly report to the Council. It shall elect a Chairperson,
a Vice Chairperson and a Secretary.
[Amended 12-16-1985 by Ord. No. 57-85]
(4) Members of the Board shall serve without compensation.
C. Vacancies. Vacancies occurring on the Rent Stabilization
Board shall be filled by the Council for the unexpired term only. A member
of the Board shall be removable for cause by the Council upon written charges
and after public hearing thereon. Reasons for such action shall be missing
more than 50% of the meetings within a six-month period or other just causes.
A removed member shall be replaced by another member of the same category.
[Amended 12-16-1985 by Ord. No. 57-85]
D. Powers of the Board. The Rent Stabilization 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:
(1) To issue and promulgate such rules and regulations as
it deems necessary to implement the purpose of this article, which rules and
regulations shall have the force of law until revised, repealed or amended
from time to time by the Board in the exercise of its discretion, provided
that such rules are filed with the Township Clerk.
(2) To supply information and assistance to landlords and
tenants to help them comply with the provisions of this article.
(3) To hold hearings and adjudicate applications from landlords
for additional rental, as herein provided.
(4) To hold hearings and adjudicate applications from tenants.
The Board has the power to reduce rentals, award monetary compensation and/or
direct the landlord to make repairs in accordance with the decision of the
Board within 30 days after final determination by the Board. The Board shall
retain jurisdiction until such time as its decision has been complied with.
In the event that the violation is not cured as set forth, the Rent Stabilization
Board shall have the power to issue a complaint in Municipal Court for violation
of this article.
[Amended 12-16-1985 by Ord. No. 57-85]
(5) To retain independent experts which the Board in its
discretion shall deem necessary, provided that expenditures for such experts
do not exceed amounts budgeted therefor.
(6) The Rental Stabilization Board shall have the power to
enforce this article by issuing notices of violations to any person, firm
or corporation violating this article. The notice shall grant to the violating
party 10 days within which to cure the violation. In the event that the violation
is not cured within the ten-day period set forth herein, the Rent Stabilization
Board shall have the power to issue a complaint in the Municipal Court for
violation of this article.
(7) The Board shall give both landlord and tenant reasonable
opportunity to be heard before making any determination.
(8) To issue subpoenas to compel the attendance of witnesses
and the production of books and records in connection with the hearings held
in pursuant to the provisions of this article.
(9) To obtain, keep and maintain all available records, data
and information regarding the consumer price index, municipal tax rates, municipal
real estate assessments, tax appeals filed by landlords and all other data
and information necessary to the enforcement, construction and application
of this article.
E. Powers to grant increases. The Rent Stabilization Board
is granted and shall have and exercise, in addition to the specific powers
enumerated above, the following powers:
(1) Hardship rent increase. In the event that a landlord
cannot meet his mortgage payments, energy payments and maintenance, he may
apply to the Rent Stabilization Board for increased rental. The Board may
grant the landlord a hardship rent increase to meet these payments. The landlord
must provide individual notification to each tenant by mail prior to any such
application to the Board setting forth the basis for this application. This
notice must be received by the tenant at least five days prior to the proposed
date of hearing.
(2) Capital improvement. A landlord may apply to the Rent
Stabilization Board for a rental surcharge for capital improvements or for
increases for improved services. The landlord shall compute the average cost
of the improvement of service per year of useful life by dividing the cost
of the computed capital improvement or service by the number of years of useful
life of the improvement as claimed by the landlord for federal income tax
depreciation purposes. The landlord shall propose to apportion the average
cost of the completed improvement of service per year of useful life among
the tenants in the dwelling in accordance with one of the following methods:
(a)
If the capital improvement benefits dwelling spaces only,
then the cost of these improvements shall be surcharged to only those tenants.
(b)
If the capital improvement benefits all dwelling spaces,
but in varying degrees according to the amount of living area of each dwelling
space, then the cost of the improvement shall be surcharged to the total dwelling
space.
(c)
If the capital improvement is equally beneficial to all
dwelling spaces regardless of the living area within any dwelling space, then
the cost of the improvements shall be surcharged according to the amount of
dwelling space within the housing space. Permits as required by law are to
be secured from all agencies having control and jurisdiction for alterations,
repairs, replacements, extensions and new buildings. All work shall adhere
to appropriate code standards and shall be inspected by all agencies having
control and jurisdiction and their approvals obtained. A certificate of occupancy
shall be secured if required by law.
(d)
No rental surcharge shall be granted under this section
of the chapter if there is an outstanding violation of the Housing, Maintenance,
Building or Fire Code or other applicable Township code, and the landlord shall obtain
and submit to the Rent Stabilization Board a letter from each of the code
officials, respectively, certifying that no such outstanding violations exist
as of one week before the first scheduled public hearing date. In addition,
no rental surcharge shall be granted if the subject property is subject to
any liens for the payment of real estate taxes, water or sewer charges, and
the landlord shall obtain a letter from the Tax Collector, Old Bridge Township
Municipal Utility Authority or other appropriate official that no such liens
exist as of one week before the first scheduled public hearing date.
[Amended 12-5-1983 by Ord. No. 29-83]
(e)
The Board may grant the landlord a rental surcharge under
the provisions of this section. Except for the above tax and energy surcharge
provisions, no landlord shall impose upon any tenant a rent surcharge under
this section without first obtaining approval of the Rent Stabilization Board.
It shall be within the discretion of the Board to fix the effective date of
any approved rental surcharge to or after determination. A surcharge granted
under the provisions of this section shall not be considered rent for purpose
of computing rental increase.
(f)
The landlord is required to set forth in his application
for a capital improvement increase a list of capital improvements for which
a surcharge is sought, the anticipated cost of each such proposed improvement,
including any financing or interest charge that the landlord has to pay, and
the exact cost to each tenant and the number of years that an approved surcharge
would be paid by the tenant.
[Added 12-5-1983 by Ord. No. 29-83]
(g)
The landlord can only apply for a surcharge and the Board
can only approve a surcharge for the actual or anticipated cost of the capital
improvement, including any financing or interest charge that the landlord
has to pay.
[Added 12-5-1983 by Ord. No. 29-83]
(h)
The Rent Stabilization Board shall hold a hearing on
a landlord's application for a capital improvement surcharge. At least 60
days prior to the public hearing, the landlord shall notify each tenant to
be affected by the surcharge by mail or personal service, and the landlord
shall submit at the public hearing an affidavit of service. The notification
shall include the date, time and place of the hearing and the substance of
the landlord's application, including all information required in this section
and by this article. The application must list and describe each capital improvement
for which the landlord is seeking a surcharge. No capital improvements installed,
constructed, erected or already in place prior to the application shall be
listed, and no surcharge shall be approved by the Board for said capital improvements.
[Added 12-5-1983 by Ord. No. 29-83]
F. Application for hardship rent increase.
[Added 4-24-1980 by Ord. No. D-304]
(1) In the event that a landlord, due to circumstances beyond
the landlord's control, which, in the determination of the Rent Stabilization
Board, are both reasonable and necessary in order for the landlord to receive
and maintain a just and reasonable return on his investment, or in the event
that a landlord experiences an increase in costs over the past three years
in assessments and utility costs in the excess of the increase permitted herein,
a landlord may submit an application for a hearing and review to the Rent
Stabilization Board for a hardship rental increase, which application shall
include the following information:
(a)
The address of the building.
(b)
The name and address of all persons with an ownership
interest, whether legal or equitable.
[2]
From whom property was purchased.
[3]
What the relationship between the present and past owner
is.
(c)
The name and address of the managing agent.
(d)
What is the form of ownership?
(e)
The total number of apartment units.
[1]
The number of apartment units presently occupied.
[2]
The reason for vacancies.
(f)
The name and address of the mortgage holder.
[1]
When was the mortgage given?
[2]
What was the amount of principal borrowed?
[3]
What is the term (years) of mortgage?
[4]
What is the interest rate?
[5]
What is the mortgage payment plan, i.e., standing, balloon,
fully amortized level payment or constant principal?
[6]
What are the monthly payments?
(g)
What was the owner's original investment?
(h)
What is the present owner's investment, and how is the
figure arrived at?
(i)
What is the amount of real estate taxes for the current
tax year? How much of these real estate taxes were passed on as a surcharge
to tenants during the past three years?
(j)
Is there any property tax exemption? Explain in detail.
(k)
Have there been any tax abatements or homestead tax rebates
over the past three years? Explain.
(l)
Are there any outstanding real estate taxes due?
(m)
What is the amount of depreciation or federal income
tax deduction over the past three years? For each year, what method of depreciation
was used in calculating this deduction?
(o)
What is the assessed valuation?
(p)
Where there has been refinancing, what was the amount
of the loan? How much, if any, was reinvested in the building? Where else
was the money spent?
(q)
What is the percentage rate of return? (Divide 16 by
the actual cash investment.)
(r)
Is the property in substantial compliance with the local
Property Maintenance or Building Code and Health Code?
(s)
Attach copies of the inspection report. Was there an
energy efficiency audit by the Department of Energy? (Attach copies of the
report.)
(t)
The applicant's estimate of the rate of return for the
period in question, plus the rate of return the applicant requests and the
method used to calculate said return. List the rate of return for the last
three years and the rate of return for 1976 (fiscal year or calendar year
may be used).
(2) Cash basis statement of past three years.
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Income
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1. Apartment rent
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2. Laundry facility
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3. Parking
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4. Vending machines
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Expenses
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6. Mortgage principal
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7. Mortgage interest
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8. Late charges
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9. Real estate taxes
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11. Heat (fuel)
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12. Water and sewage
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13. Insurance premiums
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14. Professional fees
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15. Gas and electric
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18. Exterminator expenses
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19. Outside contractors
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(a) Plumbing
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(b) Electrical
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(c) Painting
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(d) Plastering/tile
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(e) Carpentry
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20. Custodial supplies
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21. Maintenance
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(a) Supplies
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(b) Equipment purchases
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22. Superintendent's wages
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23. Superintendent's housing
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24. Other wages and salaries
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25. Other service contracts
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I have read the completed questionnaire and cash basis statements and
find them to be true and correct to the best of my knowledge and belief. I
further state that the figures contained in this application pertain only
and exclusively to the property for which this application is being submitted.
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(Signature of Owner or Managing Agent)
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Sworn to and subscribed before me this __________ day of __________
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Required documentation: Please submit copies of signed statements for
the past three completed fiscal years. Please submit photocopies of cancelled
checks for the current fiscal year to date expenses.
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(3) The Rent Stabilization Board shall hold a public hearing
on the landlord's application. At least 30 days prior to the public hearing,
the landlord shall notify each tenant by regular mail or by personal service.
The notification shall include the date, place and time of the hearing and
the substance of the landlord's application. The Rent Stabilization Board
shall either grant or deny a hardship rental increase within 45 days from
the date that the landlord's application is completed and filed unless this
time period is extended at the request of the landlord. An affidavit of service
shall be filed with the Board showing compliance with the notice provision
above.
[Amended 5-20-1985 by Ord. No. 22-85; 12-22-1988
by Ord. No. 69-88]
A. Every owner of a complex shall be required to register
with the Rent Stabilization Board a statement showing the amount of rentals
charged for each rental unit as of October 1, and as of October 1 of each
succeeding year, while this article remains in effect. Such statement shall
be filed on November 15 of each year and shall remain on file with the Rent
Stabilization Board as a matter of public record. An annual registration fee
of $10 per rental unit shall be payable as of January 1 of each year to the
Department of Finance for the purpose of defraying costs of the Rent Stabilization
Board. The Department of Finance shall forward a copy of the receipt of payment
to the Rent Stabilization Board.
[Amended 4-20-1992 by Ord. No. 13-92]
B. Owner(s) shall also furnish to the Township Clerk and
provide a copy to the Rent Stabilization Board on a monthly basis updated
tenant lists, which shall include the name(s) of new tenant(s), their apartment
number(s), their monthly rental(s), the expiration date of the lease(s) and
the date(s) the new tenancies commenced.
[Added 12-9-1006 by Ord. No. 49-96;
amended 3-8-1999 by Ord. No. 8-99; 7-19-1999
by Ord. No. 22-99]
C. Any owner who shall violate a provision of Subsection
A or
B shall, upon conviction thereof, be punished by a fine not less than $500 but not exceeding the maximum penalty set forth in Chapter
1, Article
II, Penalty. No owner shall receive any certificate(s) of occupancy on any new tenancies from the Township of Old Bridge if he/she/it fails to provide/submit by the 10th day of the following month for the previous month the monthly tenant lists with the name(s), their apartment number(s), their monthly rental(s), the expiration date of the lease(s) and the date(s) the new tenancies commenced and/or until such time as the owner fully complies with the provisions of Subsections
A and
B. A separate offense shall be deemed continued on each day during or on which a violation occurs or continues.
[Amended 3-8-1999 by Ord. No. 8-99; 7-19-1999
by Ord. No. 22-99]
[Added 11-7-1988 by Ord. No. 38-88]
A. The Township of Old Bridge shall, through its Business
Administrator, establish a fee schedule, which may vary according to the size
of the building or project proposed to be converted, to be paid by the owners
desiring to convert said rental units, upon submission of tenant lists, forms
and stamped envelopes to the administrative agency or officer.
B. The fee schedule so established shall be designed to
fully cover the cost of discharging responsibilities imposed pursuant to N.J.S.A.
2A:18-61.9 on the Rent Stabilization Board, and under no circumstances shall
such fees provide revenue in excess of the cost. A hearing fee of $250 will
be established pursuant to this article.
A. Exempt buildings. Exempt from this article are motels,
hotels and similar type buildings and buildings in which up to 1/3 of the
occupied floor space is commercial, also housing units of two units or less.
[Amended 12-28-1978 by Ord. No. D-255; 4-24-1980
by Ord. No. D-304; 12-16-1985 by Ord.
No. 57-85]
B. New construction. New construction of multiple dwelling
units constructed after December 23, 1999, shall be exempt for a period of
time not to exceed the period of amortization of any initial mortgage loan
obtained for the multiple dwelling or for 30 years following completion of
construction, whichever is less. (N.J.S.A. 2A:42-84.2)
C. Vacancy decontrol. A tenant who has continuously resided
in an apartment complex subject to this article for a period of at least three
years and who seeks to move into another apartment within the same complex
shall have priority to a vacant apartment. Such priority shall not be conferred
or enjoyed if the landlord is contractually bound to provide a vacant apartment
to a prospective tenant, and it shall be the landlord's burden to prove that
such a contractual agreement exists should the issue of priority arise. The
rent charged to the tenant for the new apartment shall not exceed the maximum
rent then being charged for an apartment of equal size in that complex which
has never been decontrolled. However, if the new apartment is the same size
as the apartment being vacated by the tenant, then the rent charged to the
tenant for the new apartment shall be the same as for that which he is vacating.
Said new apartment shall not be considered as a vacancy decontrolled apartment
for purposes of this provision. The tenant shall register his or her dated
letter and/or dated application with the landlord and with the Secretary of
the Rent Stabilization Board.
[Amended 12-11-1978 by Ord. No. D-254; 6-4-1979
by Ord. No. D-271; 4-24-1980 by Ord.
No. 304; 5-3-1982 by Ord. No. 6-82; 11-5-1983
by Ord. No. 29-83; 12-16-1985 by Ord.
No. 57-85]
A. Maintenance of standards required. The landlord shall
maintain the same standards of service, maintenance, furniture, furnishings,
recreational facilities and landscaping as he was required to do by law or
by the terms of the lease. Any fraudulent inducement by the landlord which
results in the signing of the lease by the tenant shall be considered by the
Rent Stabilization Board in its determination.
B. Procedure for appeals. Any individual tenant or class
of tenants who are receiving substantially the same standards of service,
maintenance, furniture, furnishings, recreational facilities or landscaping,
which existed at the signing of the lease, may have the Rent Stabilization
Board determine the reasonable value of the dwelling in view of the deficiency.
Any reductions of services or standards in violation of this article or statute
shall be referred to the landlord first. Ten days after referral to the landlord
by the tenant, if the problem still exists, the matter shall be referred by
the tenant to the appropriate Township official or office who or which can
allow up to an additional 10 days to comply with the request. After the above
time periods, the tenant may make application to the Rent Stabilization Board.
Said time limits shall be waived for matters of emergency affecting health,
safety or welfare.
[Amended 4-24-1980 by Ord. No. D-304; 12-16-1985
by Ord. No. 57-85]
C. Determinants of reasonable rental.
(1) The tenant or class of tenants shall pay the reasonable
rental value as determined by the Rent Stabilization Board as the full payment
of rent until the landlord proves that the deficiency has been corrected.
The Rent Stabilization Board shall determine the reasonable rental value by
using the following suggestive, but not exhaustive, guidelines:
(a)
Violation of applicable housing, building or sanitary
code.
(b)
Nature of the deficiency or defect as it affects a vital
facility.
(c)
The potential actual effect upon safety and sanitation.
(d)
Length of time of the existence of the condition.
(2) A landlord shall only be entitled to rental increases
provided herein if it maintains the premises in accordance with the Maintenance
Code of Old Bridge Township and the State Code of New Jersey with no decrease
in services.
No landlord shall take retaliatory action against any tenant who exercises
any rights conferred upon him by this article. For the purpose of this section,
"retaliatory action" shall mean any action taken by the landlord, directly
or indirectly, including undue or unusual inconvenience, violation of privacy,
harassment, reduction in quality or quantity of services, the institution
of dispossess proceedings or any other form of threat or coercion.
A landlord shall not substantially reduce the privileges, services,
furnishings, furniture, equipment, facilities or improvements which had been
included in or associated with rental paid for any dwelling unit. For the
purpose of this article, any such reduction shall be deemed an increase in
the rental charged for the dwelling unit.
[Amended 12-16-1985 by Ord. No. 57-85]
A willful violation of any provisions of this article, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact, shall be punishable as set forth in Chapter
1, Article
II, Penalty. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
This article shall come under administrative review by Council and administration
one year from date of passage.
[Added 2-2-1981 by Ord. No. D-331]
A. Subject to the provisions of Subsections
I and
J below, the total number of dogs and cats shall not exceed three animals per dwelling unit.
[Amended 7-20-1981 by Ord. No. 20-81; 3-19-1984
by Ord. No. 7-84]
B. Tenants shall notify their landlords of their maintaining
or possessing of an animal in their dwelling unit within five days of executing
their initial lease or within five days of acquiring, possessing or maintaining
an animal in their dwelling unit. Any tenant not so notifying his landlord
shall be considered to be in default of his lease.
C. Tenants shall be responsible for any and all damage caused
by their animals, and it shall be presumed by any competent court of jurisdiction
that their acquiring, possessing or maintaining said animals serves as their
consent to said liability.
D. "Animal" is herein defined as a dog or cat.
E. Each tenant acquiring, possessing or keeping a dog shall
be responsible to ensure that all defecation of said animals outside of said
dwelling unit is forthwith removed by said tenant and placed in a sealed garbage
container or refuse collector. Each landlord shall additionally designate
and mark an area adjacent to each housing space as an animal discharge area
and ensure that at least one garbage or refuse container is available and
located at said area.
F. The fee collected for animals as set elsewhere in this
article shall be used to maintain dog walk areas adjacent to housing space
locations.
[Amended 10-1-1984 by Ord. No. 30-84]
G. Any tenant who does not ensure that his animal's defecation
is properly removed shall be issued a warning for a first violation. A second
violation shall be considered a default of the lease. A tenant may, however,
request a hearing before the Rent Stabilization Board to contest the validity
of any warning by filing said request with a copy to the landlord within seven
days of receipt of said notice. If the Board determines the warning was improper,
it shall void said notice.
H. Each tenant shall be given a copy of the provisions of
this article by the landlord upon executing a new lease or renewing an existing
lease.
I. A landlord may elect to prohibit, by regulation, new
lessees from keeping any dogs or cats within their units, provided that said
regulation applies to all new tenants within the complex, and further provided
that said regulation is uniformly enforced by the landlord. A copy of such
regulation prohibiting animals shall be filed with the Secretary of the Rent
Stabilization Board within seven days of its effective date for purposes of
this subsection. The renewal of a lease shall not constitute a new lease.
[Amended 3-19-1984 by Ord. No. 7-84]
J. Nothing in this section shall prevent the keeping of
a specially trained dog by a handicapped person.
[Added 3-19-1984 by Ord. No. 7-84]
[Added 4-20-1980 by Ord. No. 11-81]
A. Certificate of occupancy. A copy of any certificate of
occupancy issued for each dwelling rented as required elsewhere in this article
shall be forwarded to the Rent Stabilization Board, and a true copy thereof
shall be delivered to the tenant of the unit for which such certificate of
occupancy was issued; said certificate shall include the apartment number,
complex and effective rent on the date of issuance. All apartment complexes
must notify the Department of Community Development of the Township of Old
Bridge of the need for a certificate of occupancy inspection at least three
days prior to occupancy. It shall be unlawful to charge a tenant for permit
fees or other costs associated with the landlord's obligation to obtain a
certificate of occupancy and/or the landlord's obligation to deliver same
to the Rent Stabilization Board or the tenant.
[Amended 4-1-1985 by Ord. No. 18-85; 11-2-1992
by Ord. No. 43-92]
B. Complex personnel; security. All personnel or employees
of a landlord at said complex are to register with the Old Bridge Police Department
by giving their age, address, recent photo and any criminal convictions. No
unregistered personnel or employee shall be allowed to enter or shall enter
any dwelling unit unless accompanied by a registered employee or representative
of the landlord. The Department of Community Development and/or the Rent Stabilization
Board shall have authority to ensure compliance with this section. Each landlord
shall additionally be responsible to ensure that a proper number of adequately
trained personnel are assigned to each complex as per applicable state codes.
C. Abandoned, disabled or hazardous vehicles.
[Amended 12-16-1985 by Ord. No. 57-85; 6-17-1991
by Ord. No. 13-91]
(1) Disabled vehicles. Landlords shall have the authority
to remove unlicensed/unregistered and/or abandoned (as defined by Title 39
of the New Jersey Statutes Annotated) vehicles from their complex; provided,
however, that 48 hours' notice has first been given to the owner of the vehicle.
Notice may be given by either of the following methods:
(a)
By certified letter, return receipt requested, addressed
to the owner of the vehicle at the last known address of said vehicle owner.
(b)
By personal service of a written notice or letter upon
a vehicle owner personally or by leaving such notice with a responsible individual
over 14 years of age who resides with the vehicle owner at his usual place
of residence.
(2) Unknown owners. Landlords shall have the authority to
remove unlicensed/unregistered and/or abandoned (as defined by Title 39 of
the New Jersey Statutes Annotated) vehicles from their complex where the owners
of said vehicles are unknown; provided, however, that the landlord first fulfills
the following conditions:
(a)
The landlord shall make a diligent inquiry with the Old
Bridge Township Police to attempt to determine the actual owner of the vehicle.
(b)
The landlord shall secure approval by a responsible Township
official, such as a Code Enforcement Official, prior to towing said vehicle.
(c)
The landlord shall post a visible notice upon the vehicle
in question for at least 48 hours prior to removal of the vehicle.
(3) Hazardous vehicles. Vehicles which are declared to be
hazardous by Township officials and vehicles which are declared to be parked
in emergency areas, fire lanes or hazardous areas by Township officials may
be removed by landlords under the above subsections after 24 hours' notice,
as provided herein.
[Added 5-18-1981 by Ord. No. 16-81;
amended 12-5-1983 by Ord. No. 29-83; 11-21-1988
by Ord. No. 56-88; 4-20-1992 by Ord.
No. 13-92]
A. Any party, not a member of the Board participating in
a decision, aggrieved by a final decision of the Rent Stabilization Board,
may appeal said decision to the Township Council by filing a notice of appeal
with the Township Clerk within 30 days of said decision and serving a copy
of said appeal upon all parties who appeared before the Rent Stabilization
Board. The applicant must present proof that all parties affected by the appeal
have been notified of the appeal. The appeal shall be based upon the record
below, and the Township Council shall render its decision within 90 days of
the filing of said appeal. Failure of the Township Council to act within the
above period shall be affirmance of the decision below.
B. A fee of $125 shall accompany the notice of appeal for
purposes of defraying costs of certified mail and regular mail notices of
hearing dates to the necessary parties.
C. Requests for postponements shall be limited to one time
per party, and all requests for postponements shall be made 24 hours in advance,
in writing, of said scheduled hearing.
[Added 5-19-1980 by Ord. No. D-306]
Maintenance personnel who are servants, agents or employees of any multiunit
apartment complex, herein defined as a single apartment building or group
of apartment buildings owned, controlled or managed by one individual, association,
partnership, entity or corporation, consisting of a total of five dwelling
units or more, shall wear, in a conspicuous location, an identification tag
or card containing their name, address, by whom employed, date of expiration
of the card and a current picture. It shall additionally be the duty of each
owner and manager of said apartment complex to provide each employee with
said identification.
[Added 5-19-1980 by Ord. No. D-309]
No tenant in any multiple-dwelling complex of four or more dwelling
units shall be required to pay late charges of more than 4% of the amount
of the rent due for any period for which the rent due is less than 30 days
late.
[Added 12-5-1983 by Ord. No. 29-83]
A. Intervention. Any interested person or legal entity may
make application before the Rent Stabilization Board to intervene in any matter
formally pending before the Board. The Board, upon the exercise of its sound
discretion, shall make a determination as to whether or not to allow the intervention
upon considering and weighing such factors as where the public interest lies,
whether there are common questions of law or fact involved and will the allowing
of the intervention delay the proceedings or prejudice the original parties.
B. Standing. Any interested person or legal entity may file
a formal complaint or application with the Board concerning applicable provisions
of this article, and such person or legal entity shall have standing to do
so if the Board finds and determines, upon the exercise of its sound discretion
and weighing conflicting considerations, that such person or entity has a
sufficient and real stake in the outcome of the controversy, such person or
entity has genuine and legitimate interest in the subject matter of the application
or complaint and that there is a real adverseness in the proceeding, so as
to ensure that the Board is not called upon to render advisory opinions but
rather to decide actual cases and controversies.
[Added 4-1-1985 by Ord. No. 18-85]
Tenants shall make their apartments available for normal maintenance
and repairs, Monday through Friday, during the working hours of 8:00 a.m.
to 5:00 p.m., by providing a key to the landlord or providing a key to a neighbor.
If access is to be given by providing a key to a neighbor, the landlord shall
be notified 24 hours prior to the scheduled repairs as to the location of
the key.
[Adopted 9-21-1981 by Ord. No. 24-81
(Ch. XIC of the 1973 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings
indicated:
AVAILABLE FOR RENT
Fit for habitation, as defined by the statutes, codes and ordinances
in full force and effect in the State of New Jersey, County of Middlesex,
Township of Old Bridge, and occupied or unoccupied and offered for rent.
CPI
The consumer price index (all items) for that region of the New York-Northeastern
New Jersey area in which the Township of Old Bridge is included, which index
is periodically published by the Bureau of Labor Statistics of the United
States Department of Labor.
LANDLORD
Includes a person, firm, partnership, association, corporation or
other entity and any officers, agent or employer, or any of the foregoing
which is the owner, rental agent, manager of, or otherwise has authority to
rent any rental space to a tenant.
MOBILE HOME PARK
Shall consist of a number of spaces approved by the Township and
common areas and shall mean land and premises, where the owner, lessee, or
other persons having control thereof shall offer sites for mobile homes on
a rental or lease or other basis.
MOBILE HOME SPACE
That portion of a mobile home park rented or offered for rent for
the purpose of parking or positioning a 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
the occupancy of such portions of the property. Mobile home spaces which are
newly constructed and rented for the first time are not subject to current
rentals, and the initial rent may be determined by the owner. Existing tenants
to be relocated in the mobile home park for the convenience of management
cannot be increased above the current rent level. Any rental increase in excess
of that authorized by the provisions of this article is prohibited and void.
RENTAL INCOME
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 Old Bridge pursuant to any duly adopted ordinance and any cost of the supplied utilities and services, and any increase for hardship or major capital improvements as permitted by §§
388-32 and
388-33 hereof.
SERVICE
Mailing to the home address, by certified mail, return receipt requested,
or in hand delivery certified to by affidavit or 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.
SUPPLIED UTILITIES
Electrical connection, water and sewer services, garbage disposal
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 Old Bridge pursuant to any
duly adopted ordinance.
(c)
Any amount equal to 4% 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, for any increase greater than the annual limitation of rentals set forth in this article, until such time as the landlord shall have obtained approval in writing from the Rent Stabilization Board, as hereinafter established, for said increase. Furthermore, there shall be only one increase granted per landlord per mobile home park for any increase 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 Stabilization 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 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 upon the terms of Subsection
A(1)(a) or
(c) herein, the Rent Stabilization 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.
C. Rental increase shall not exceed 4% on the base monthly
rate, which should be broken down as follows:
(3) Real estate and property taxes.
(8) Garbage disposal and any other additional cost passed
on to the tenant.
Where a mobile home 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 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 in 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 computing 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 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 with a notice by the
landlord 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 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 Stabilization 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 the 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 approved mobile home spaces in the mobile
home park), and the capital improvement surcharge he is seeking from each
tenant. The landlord seeking a capital improvement surcharge shall appeal
for said surcharge to the Rent Stabilization Board, which shall determine
after the landlord has served notice to the affected tenants of a hearing
date, of said 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 section shall exceed 10% of the tenants'
rental income, unless said increase or capital improvement is mandated by
law.
A landlord who finds that present rental income and additional charges
from the mobile home park on which he 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 Stabilization Board for an increase
in rental income. Following a hearing, the Board may grant the landlord a
hardship rent increase to meet these needs after considering the proofs presented
by the landlord, the condition of the mobile home park and degree of hardship
to the landlord. 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. The landlord
must, thereafter, serve each affected tenant with a notice of appeal hearing
date and post said notice in a conspicuous place at the mobile home park for
at least five days prior to the appeal hearing date. If said increase is granted,
it shall not be considered rental income and not be calculated in allowable
increases as otherwise set forth in this article.
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 provided or was required to provide 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,
the tenant may apply for a hearing, 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 maintained.
A willful violation of any provisions of this article, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact, shall be punishable as set forth in Chapter
1, Article
II, Penalty. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
A. No landlord shall take retaliatory action against any
tenant who exercises any rights conferred upon him by this article.
B. For the purpose of this section, "retaliatory action"
shall mean any action taken by the landlord, directly or indirectly, including
undue or unusual inconvenience, violation of privacy, harassment, reduction
in quality or quantity of services, the institution of dispossess proceedings
or any other form of threat or coercion.
Every owner of a mobile home park shall be required to register with
the Township Clerk and to furnish a copy to the Rent Stabilization Board a
statement showing the amount of rentals charged for each rental unit as of
October 1, and as of October 1 of each succeeding year while this article
is still in effect. Such statement shall be filed on November 15 of each year
and shall remain on file with the Township Clerk as a matter of record.