It is hereby declared to be in the interest
of the health, safety and general welfare of all the people of the
City of Hackensack, tenants, landlords and homeowners, to create a
fair and equitable system for determining an appropriate relationship
between landlords and tenants. It is specifically the purpose of this
chapter to secure the following objectives:
A. To prevent unwarranted and unreasonable increase in
rents and harassment of tenants.
B. To alleviate the effects of a critical rental housing
shortage in any particular area in the City of Hackensack and to protect
persons living therein from undue impairment of their standard of
living.
C. To promote an atmosphere that is conducive to business
investment for the construction of rental units, in the City of Hackensack.
D. To promote a fair and equitable tax relationship between
landlords, tenants, homeowners and other property owners in the City
of Hackensack.
E. To maintain affordable rental housing in the City
of Hackensack while permitting landlords to receive a fair and reasonable
financial return from their properties.
[Added 7-21-1997 by Ord. No. 10-97]
As used herein, the following terms shall have
the meanings indicated:
ADDITION
Any extension or increase in floor area or height of a building
or structure.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
ARM'S LENGTH TRANSACTION
A standard by which unrelated parties, each acting in his
or her best interest, would carry out a particular transaction.
CAPITAL IMPROVEMENT
A substantial improvement, addition or alteration to a dwelling
that adds services or amenities to the dwelling for the benefit of
its tenant(s) not previously provided. Specifically included in this
definition are the purchase and installation of safety devices or
systems mandated by any government agency.
CONSUMER PRICE INDEX
That which is published periodically by the Bureau of Labor
Statistics, United States Department of Labor, for Urban Wage Earners
and Clerical Workers, New York - Northeastern New Jersey.
DWELLING
Excepting those tenancies in rental units protected by operation
of N.J.S.A. 2A:18-61.31:
A.
Any building or structure containing three or more rental units
which are rented or offered for rent to tenants or family units for
residential purposes, other than hotels, motels or licensed boarding
and rooming houses.
B.
Any rental unit located in a building or group of buildings
comprising a single condominium or cooperative entity, provided that:
(1)
The rental unit is one of three or more such rental units located
in the condominium or cooperative entity simultaneously owned by the
same person, directly or indirectly, in whole or in part, on or after
October 15, 1990. "Person" shall mean a natural person, a corporation,
a partnership or any other entity. "Indirect ownership" shall be presumed
to exist when a rental unit is owned by a person's spouse, child or
parent.
(2)
Divestiture of one or more such simultaneously owned rental
units, on or after October 15, 1990, shall not serve to remove the
rental unit(s) divested, nor the rental unit(s) retained, from the
applicability of this definition or the operation of this chapter
so long as the tenancy existing at the time of the divestiture(s)
shall continue.
C.
Tenancies in any one-family house, two-family house which is not owner-occupied, owner-occupied three-family house or in any rental unit located in a building or series of buildings comprising a single condominium or cooperative entity (other than those described in Subsection
B of this definition) where the tenancy therein began prior to December 31, 1990, so long as the particular tenancy shall continue.
FAIR NET OPERATING INCOME
Gross maximized annual income, less reasonable and necessary
operating expenses. These expenses shall not exceed 60% of the gross
maximized annual income.
GROSS MAXIMIZED ANNUAL INCOME
All income resulting directly or indirectly from the operation
of such dwelling(s), including but not limited to the following:
A.
All rent received or collectible.
B.
Any reasonable rental, as determined by the Rent Stabilization
Board, from a less than arm's length transaction.
C.
The landlord's share of interest on security deposits.
D.
All earnings from commissions, vending machines, deductions
from security deposits, late fees, pet fees, parking fees, pool fees,
key charges and finder's fees.
E.
The amount received from successful tax appeals.
F.
Income from rebates and surcharges.
HABITABLE ROOMS
Rooms in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage, including
garages, or utility spaces and similar areas are not considered "habitable
rooms."
PUBLIC MEMBER
A person owning and occupying a one-family dwelling.
QUALIFIED SENIOR TENANT
A tenant who is at least 62 years of age or the surviving
spouse of such a tenant if the tenant should die and the surviving
spouse is at least 50 years of age at the date of death, provided
that the rental unit has been or was the principal residence of the
tenant for at least one year. The term "qualified senior tenant" shall
only apply to senior citizens whose total household income from all
sources, whether earned or unearned, and whether or not taxable, does
not exceed the most recent per capita annual income figure for Bergen
County residents published by the New Jersey Department of Community
Affairs.
[Added 7-21-1997 by Ord. No. 10-97]
REASONABLE AND NECESSARY OPERATING EXPENSES
All valid expenses incurred and paid by the landlord in the
operation of such dwelling(s) during the period reflected in the income
computation for the gross maximized annual income.
RENT
The basic consideration paid for use or occupancy of a rental unit, including increases in rent pursuant to §
134-3, excluding surcharges.
RENTAL UNITS
That portion of a dwelling rented or offered for rent to
one or more tenants or family units for residential purposes. A rental
unit shall include all privileges, services, furnishings, furniture,
equipment or improvements connected with the use or occupancy of a
dwelling. Also included in a definition of a "rental unit" are garages
and parking spaces, whether an additional charge is collected or not.
Specifically excluded from the definition of a "rental unit" are coin-operated
vending or laundry machines.
REPAIR
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
ROOM
Any space enclosed by four walls, including doorways and
windows, containing an area equal to or greater than 70 square feet
measured from the insides of the walls.
SURCHARGES
Additional consideration other than rent granted to a landlord
of a dwelling in recognition of additional costs or needs.
TENANTS
A person or persons who rents a rental unit from a landlord.
USEFUL LIFE
That period of time, to be determined by the Rent Stabilization
Board on the basis of the relevant evidence before it, during which
a capital improvement, major repair, alteration, addition, reconstruction
or rehabilitation to a dwelling may reasonably be expected to remain
serviceable.
No landlord shall, after the effective date
of this chapter, charge any rents in excess of what he was receiving
from the effective date of this chapter, except for increases as authorized
by this chapter.
[Amended 7-21-1997 by Ord. No. 10-97]
A. A tenant seeking status as a qualified senior tenant
shall make application to the Rent Stabilization Officer.
B. Such application shall be submitted, under oath, on
a form prepared and provided by the Rent Stabilization Officer.
C. Such application shall be supplemented with true copies
of:
(1) Generally accepted proof of identification.
(2) Generally accepted proof of age.
(3) Copy of last prior year's income tax returns, state
and federal, if filed.
(4) Generally accepted documents detailing all household
income and benefits from all sources, earned and unearned, and whether
or not taxable for last prior year.
D. Upon review of the application and supporting documents
submitted, the Rent Stabilization Officer shall issue a written determination
which shall be transmitted to the tenant and the landlord.
E. Any appeal of the determination of the Rent Stabilization Officer shall be filed with the Rent Stabilization Board pursuant to §
134-9C.
A willful violation of any provision of this chapter, including but not limited to the willful filing with the Rent Stabilization Board of any material misstatement of fact or the failure to file any required document, shall be punishable as provided in Chapter
1, General Provisions, §
1-15, of the Code of the City of Hackensack.
This chapter, being necessary for the welfare
of the City of Hackensack and its inhabitants, is remedial and shall
be liberally construed to effectuate the purposes thereof.