[Amended 6-22-2000 by Ord. No. 2000-27]
The OCA for any calendar year shall be calculated
by multiplying the percentage change in the "housing" element of the
Index for the twelve-month period ending in August of the last prior
calendar year by .35.
[Amended 6-22-2000 by Ord. No. 2000-27]
The UA for any calendar year shall be calculated
by multiplying the percentage change in the "gas and electricity"
element of the index for the 12-month period ending August of the
last prior calendar year by .1.
Notwithstanding the provisions of §
324-3, if the MAP in any calendar year exceeds 6.5% for any Class 1 dwelling or 5% for any Class 2 dwelling, the MAP for said calendar year shall be limited to 6.5% or 5% respectively for such dwelling and the excess percentage shall constitute the PYC for said dwelling for the subsequent calendar year.
Any rental charge in excess of that authorized
by the provisions of this chapter shall be void.
Nothing herein shall be construed as preventing
a landlord and a tenant from entering into a lease for a period in
excess of one year. A multiple-year lease may provide for an increase
in a subsequent calendar year; provided, however, that any subsequent
rental increases shall not exceed the MAP for the subsequent calendar
year for which an increase is provided.
[Amended 6-22-2000 by Ord. No. 2000-27]
The MAP for any calendar year commencing after
the effective date hereof shall be promulgated in the following manner.
Not later than September 20, the Tax Assessor shall certify to the
Board the amount of any judgment of the Bergen County Board of Taxation
reducing the assessment of any dwelling for the current year. Not
later than September 30, the Rent Leveling Board shall promulgate
the OCA, UA (if applicable), PYC and MAP for each dwelling for the
forthcoming calendar year.
The provisions of §
324-11 are hereby declared to be solely for furthering the orderly administration of this chapter and shall not be construed as affecting or conditioning any rights or duties of landlords or tenants hereunder.
Any landlord seeking a rent increase shall notify
the tenant by certified mail and the Rent Leveling Board of the calculations
involved in computing the increase, including the base rent and the
calculations involved in computing the OCA, UA (if applicable), TA,
PYC, MAP. In furtherance of this section, the Rent Leveling Board
may, by rule or regulation, prescribe a form or forms to be employed
by the landlord in complying with the provisions hereof.
If Articles
II through
VI shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, then the establishment of rents between a landlord and a tenant shall be determined by the provisions of this section. At the expiration of a lease or at the termination of the lease of a tenant, no landlord may request or receive a percentage increase in rent for any housing space which is greater than the percentage difference between the index three months prior to the expiration or termination of the lease and the index at the date the last previous lease term commenced. For a periodic tenant whose lease term shall be less than one year, said tenant shall not suffer or be caused to pay any rent increase in any calendar year which exceeds the average index percentage differential for the calendar year prior thereto.