As used in this chapter, unless otherwise required by the context, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTSRefers to dwelling units or housing space fit for habitation, as defined by the statutes, codes and ordinances in effect in the State of New Jersey, County of Camden and Township of Haddon, and offered for rent, whether occupied or unoccupied.
BASE RENTThe rent legally enforced as of the effective date of this chapter. "Base rent" shall include the legally enforced rent and any permitted increases as provided for in this chapter, including but not limited to consumer price index increases, and hardship increases, but excluding capital improvement increases.
BOARDThe Haddon Township Rent Control Board established by this chapter.
CAPITAL IMPROVEMENTA permanent improvement that is reasonably expected to last more than five years and must be subject to allowances for depreciation under the Internal Revenue Code. The term "capital improvement" shall mean that improvement, addition or contribution which materially adds to the value or utility of the property or appreciably prolongs its useful life, as opposed to a repair which maintains the property in an ordinarily efficient operating condition, such as normal and regular maintenance.
COMMERCIAL USEAny use which is primarily for business activity, such as retail, wholesale, marketing, office, warehouse or any similar nonresidential activity.
CONSUMER PRICE INDEX or CPIThe consumer price index (all items) for that region of the United States of which the Township of Haddon is a part, which is published periodically by the United States Department of Labor, Bureau of Labor Statistics.
DWELLING or DWELLINGSAny building or structure, and the land appurtenant thereto, which contains dwelling units or housing space rented or offered for rent to one or more tenants or family units. In the case of apartment complexes where federally subsidized units are mixed with unsubsidized units, only those units which are unsubsidized are subject to this chapter. For purposes of this chapter, "dwelling" or "dwellings" do not include public housing and dwelling space in any motel, hotel or any other premises primarily serving transient guests and all multiunit dwellings that are newly constructed and rented for the first time after the effective date of this chapter.
DWELLING UNIT or DWELLING UNITSAny room or rooms, suite, flat, apartment, condominium or cooperative unit located within a dwelling, as defined in this chapter, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for dwelling purposes by one or more persons, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof. For purposes of this chapter, efficiency apartments constitute dwelling units.
GROSS MAXIMIZED ANNUAL INCOMEAll income resulting directly or indirectly from the operation of housing space and the dwelling, including but not limited to all rent received or collectible from an arm's-length transaction, the true economic rent in the case of a less-than-arm's-length transaction, the landlord's share of interest on security deposits, late fees, pet fees, parking fees, pool fees, key charges, finder's fees, amounts realized from successful tax appeals, income from rebates, capital improvements, surcharges, heating fuel surcharges, rent increases and hardship increases computed in accordance with the provisions and limitations of this chapter.
HOUSING SERVICESServices provided to a tenant in a dwelling unit or housing space as part of the rent charged to the tenant. Housing services include but are not limited to the provision of electric power, heat, hot and cold water, elevator service (where applicable), air conditioning (where applicable), storm windows and screens, superintendent services (where applicable), kitchen, bath and laundry facilities and privileges, refuse removal, furnishings, parking, and any other benefit, privilege or facility connected with the use or occupancy of any proportionate part of the dwelling or services provided to common facilities of the building or dwelling in which a dwelling unit is contained, including repairs, replacements, painting and general maintenance thereof.
LANDLORD or LANDLORDSAny person, persons, organization(s), corporation(s), partnership(s) or like entity(ies) which owns, lets or sublets a dwelling or dwelling units, as defined herein, including any agent or successor thereof. For purposes of this chapter, any person entitled to receive rent for the use and occupancy of a housing space is considered to be a landlord hereunder.
PERIODIC TENANCYAny month-to-month tenancy or any tenancy at will or sufferance or any tenancy having a term of less than one year.
REASONABLE AND NECESSARY OPERATING EXPENSESAll actual expenses incurred and paid by a landlord for a dwelling, as defined in this chapter, during the period reflected in income, computed in accordance with the provisions and limitations of this chapter, excluding debt service costs and depreciation charges.
RENTAny price charged for the use and occupancy of a housing space, including any bonus, benefit, gratuity or other charge, no matter how categorized, which is demanded or received by the landlord and paid by the tenant for the use of any service in connection with the housing space such as, but not limited to, moneys demanded or paid for parking, heat and utilities, pets, use of furniture and subletting. In the event that rent is paid upon some interval other than one month, then the monthly rent shall be calculated by apportioning the rent so as to determine the sum for the term of one month.
ROOM or UNIT SPACEFor purposes of this chapter, all rooms and rents hereunder shall be calculated by room or unit space as follows:
A. Living room: one room/unit space.
B. Bedroom: one room/unit space.
C. Kitchen and dining area, not more than 200 square feet: one room/unit space.
D. Full dining room: one room/unit space.
E. Bath: 1/2 room/unit space.
SUBSTANTIAL COMPLIANCEWhen the dwelling and dwelling units are essentially in compliance with state, local and municipal health, safety, housing and fire codes, including but not limited to the Regulations for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq.
TENANT or TENANTSAny person or persons who lease, sublease or otherwise are entitled to use and occupy a dwelling unit or housing space, as defined above, under the terms of a rental housing agreement.
VACANT HOUSING SPACEA dwelling unit that has been voluntarily vacated by a tenant, as determined in accordance with the provisions of Article
V of this chapter, and which has remained vacant for a period of 30 days or more.
[Added 8-27-2013 by Ord. No. 1313]