Borough of Highland Park, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended by Ord. No. 851; Ord. No. 865; Ord. No. 869; Ord. No. 960; Ord. No. 1214; Ord. No. 1491; 11-8-2006 by Ord. No. 1706]
As used in this chapter, the following terms shall have the meaning indicated:
APARTMENT
All or a portion of a building or structure which is available for rent to tenants, as a single unit, for living and dwelling purposes together with all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with the use or occupancy of this portion of the property.
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by state and local housing and health codes, whether occupied or unoccupied, and offered for rent to tenants.
CAPITAL IMPROVEMENT
And be limited to smoke detectors required by state law or regulation and installed on or after January 1, 1981.
COMPLEX
A group of adjoining dwellings under common ownership with centralized management.
CONSUMER PRICE INDEX
The Housing Component of the Consumer Price Index - New York Region - Northeastern New Jersey - all urban consumers issued by the United States Department of Labor, Bureau of Labor Statistics.
DWELLING
Any building or structure, all or part of which consists of apartments.
FAIR RATE OF RETURN
The percentage of return on the equity portion of real estate investment. A fair rate of return means one that is not confiscatory. A fair rate of return should be one generally commensurate with returns on similar investments; provided, however, that an evaluation must be made of the interest of not only the investor, but also the tenants and the general public. Fair rate of return shall be no less than 9.5% of the equity of real estate investment.
FUEL COST INCREASE FACTOR, GENERAL
The annual or twelve-month change in fuel costs determined annually from the Consumer Price Index - New York Region - Northeastern New Jersey - all urban consumers issued by the United States Department of Labor, Bureau of Labor Statistics, as published in the issue prior to January 1 and July 1 of each year using the fuel oil, coal and bottled gas sub-sub-increment of the fuel and other utilities increment of the Housing Component. This factor will be utilized for calculating the fuel index for all apartments heated by fuel oil, coal or bottled gas.
FUEL COST INCREASE FACTOR, PIPED GAS AND ELECTRICITY
The annual or twelve-month change in fuel costs determined annually from the Consumer Price Index - New York Region - Northeastern New Jersey - all urban consumers issued by the United States Department of Labor, Bureau of Labor Statistics, as published in the issue prior to January 1 and July 1 of each year using the gas (piped) and electricity sub-sub-increment of the fuel and other utilities for calculating the fuel index for all apartments heated by gas (piped) or electricity.
FUEL COST INCREMENT FACTOR
The average approximate percentage of landlords' total expenses which constitute fuel costs and which is hereby found and determined to be 10%.
FUEL INDEX
The percentage figure derived by applying the fuel cost increment factor to the applicable fuel cost increase factor.
LANDLORD
The owner of the dwelling or complex, whether individual or organization including but not limited to partnership, corporation, or limited liability company.
RENT INDEX
The percentage of increase in the Consumer Price Index - Shelter, as listed in the Consumer Price Index - New York Region - Northeastern New Jersey - all urban consumers issued by the United States Bureau of Labor Statistics.
SUBSTANTIAL COMPLIANCE
That the housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire hazards as well as 90% qualitatively free of all other violations of the Housing Code of 1971, as amended, and the International Property Maintenance Code, where applicable.[1]
SURCHARGE
An increment in rent, over and above the permissible increase in total rent.
TENANT
An individual or group of individuals renting an apartment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended by Ord. No. 875; Ord. No. 976; 11-8-2006 by Ord. No. 1706]
The following classes and types of property are exempt from the provisions of this chapter:
A. 
Motels, hotels, and those parts of buildings or structures which primarily serve transient guests or are rented for commercial uses and purposes; that part of the building or structure which remains after any exempted sections are deleted is referred to as the dwelling or complex.
B. 
Any apartment or building or complex and/or a part thereof which is a stock cooperative or a condominium where the charges to all residents are fixed by a board elected by the residents. Any remaining portion shall be subject to this chapter as provided herein.
C. 
Newly constructed units and units rented for the first time; the rent in such units shall be determined by the landlord. "Newly constructed units" as used herein shall mean any original new construction and any reconstruction or substantial renovation of nonresidential property for residential use.
D. 
All dwellings containing two apartments or less.
E. 
Owner-occupied dwellings having either three or four apartments.
F. 
All single structures wherein 50% or more of the area available to rent is commercially rented for offices or business. Basements shall not be included in the determination of rental area for the purpose of this act.
G. 
All single-family residences wherein there is only one single-family unit available to rent and constitutes the entire structure.