[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 4-21-1982 by Ord. No. 1542. Amendments noted where
applicable.]
GENERAL REFERENCES
Rent control — See Ch. 312.
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Ord. No. 1542 Preamble
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WHEREAS, existing Ordinance No. 1502 has become obsolete due
to new rules and regulations promulgated by the Division of Community
Affairs; and
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WHEREAS, Chapter 226 of the Laws of 1981 requires that municipalities
enact certain measures to implement protections for senior citizens
and disabled persons as set forth in the Act; and
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WHEREAS, the Rent Control Board is the municipal agency with
the expertise and background best suited to undertake this task; and
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WHEREAS, these additional duties undertaken by the Rent Control
Board will require expenditure of municipal funds for additional overhead
and staff to perform this task; and
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WHEREAS, Section 16 of Chapter 226 of the Laws of 1981 permits
a municipality to levy and collect a fee from the owner of the building
to cover the cost of providing the services required by the Act;
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Now, therefore, be it ordained by the Mayor and Board of Commissioners
of the Town of West New York, as follows:
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Pursuant to Section 5 of Chapter 226 of the
Laws of 1981,[1] the Rent Control Board of West New York be and it hereby
is designated to act as the municipal administrative agency to perform
the tasks set forth in Chapter 226 of the Laws of 1981.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.26.
The following procedures shall apply to any
building being converted to the condominium or cooperative form of
ownership:
A.
The owner of the conversion of any building shall,
prior to filing of an application for registration, notify the Secretary
of the Rent Control Board of the intention to file the application
for registration and shall supply the Secretary of the Rent Control
Board with a current tenant list and stamped envelopes addressed to
each tenant, each such envelope containing copies of all required
notices to be given to such tenants and all documents required pursuant
to N.J.A.C. 5:24-2.9.
B.
Within 10 days of the receipt of the notice of intention,
the current tenant list and the stamped, addressed envelopes and copies
of all notices, the Secretary of the Rent Control Board shall mail
to each tenant the notice required by the Act and all necessary forms
and, within two business days of mailing, shall submit to the owner
or sponsor an affidavit that the Secretary of the Rent Control Board
has notified each tenant as aforesaid.
C.
A tenant seeking protected tenancy status shall file
a completed application form with the Secretary of the Rent Control
Board within 60 days of receipt of such notice and application form.
D.
The Secretary of the Rent Control Board shall accept
all applications completed and submitted by the tenants seeking the
benefits of the protected tenancy status of the Act and shall determine
eligibility in accordance with the criteria of the Act. Such determinations
of eligibility shall be made with respect to each application within
30 days after receipt of the completed application.
E.
An application form shall be deemed to be completed
when all supplementary documentation required by the Secretary of
the Rent Control Board has been submitted. Upon request of the Secretary
of the Rent Control Board, a tenant seeking protected tenancy status
shall supplement the form with such documentation as the Secretary
of the Rent Control Board shall deem necessary to make determination
as to eligibility. An application shall be deemed incomplete and shall
not be accepted ff supplementary documentation is not provided to
the Secretary of the Rent Control Board within 10 days of request
therefor.
F.
Any tenant qualifying for protected status shall be
promptly notified of eligibility by the Secretary of the Rent Control
Board. Any tenant who does not qualify for protected status shall
be likewise notified of the determination, and the reasons for ineligibility
shall be set forth in such notice. Notices of determination as to
eligibility and ineligibility as to each tenant who has applied shall
be provided to the owner or sponsor of the plan or conversion.
The Secretary of the Rent Control Board be and
hereby is designated as the administrative officer who shall assume
the duties under this chapter and shall collect the fees prescribed
herein.
The determination of the Secretary of the Rent
Control Board may be appealed to the Rent Control Board by any aggrieved
person through an administrative hearing:
A.
Application for an administrative hearing shall be
made to the Secretary of the Rent Control Board within 10 days of
receipt by the aggrieved person of notice of determination. Said application
shall have attached thereto the administrative hearing fee of $40.
[Amended 11-24-1982 by Ord. No. 1575]
B.
The administrative hearing shall be held within 10
days of application therefor, except in extenuating circumstances,
at the discretion of the Secretary of the Rent Control Board.
C.
Notice of hearing shall be given to all known parties
in interest who may testify, present evidence and examine adverse
witnesses and evidence.
D.
The hearing shall be before the Rent Control Board
of the Town of West New York, and a sound recording shall be made.
E.
Within 10 days of the close of the hearing by the
Rent Control Board, it shall issue a final written decision and state
the reasons therefor. Pursuant to N.J.A.C. 5:242.7(g), appeal from
such final decision shall be to the courts.
This chapter shall be subject to the provisions
of Chapter 226 of the Laws of 1981,[1] N.J.A.C. 5:24-2.1 et seq. and forthcoming rules and regulations
of the Department of Community Affairs promulgated to implement the
provisions of this Act are specifically incorporated by reference
into this chapter.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et
seq.
