Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[Amended by Ord. No. 962; 11-8-2006 by Ord. No. 1706]
A tenant or tenants may apply to the Borough Administrator, or his or her designee, in the event that the landlord has received a tax refund but has not distributed it to the tenant or tenants in compliance with the provisions of Article V, Tax Appeals and Refunds, or in the event the tenant or tenants believe that the expenses incurred by the landlord in connection with an appeal are not reasonable.
[Amended 11-8-2006 by Ord. No. 1706]
The tenant or tenants shall bring their complaints to the attention of the Borough Administrator, or his or her designee. The application shall include the information listed in Article V, Tax Appeals and Refunds, which is available to the tenants.
The tenant or tenants shall provide a copy of the application to the landlord at the time of the application.
[Amended 11-8-2006 by Ord. No. 1706]
A. 
The Borough Administrator, or his or her designee, shall hold a hearing on the application, giving the tenant or tenants and the landlord, or their representatives, the opportunity to testify and to present witnesses on their behalf. Each party will be permitted reasonable cross-examination of opposing witnesses.
B. 
Prior to the hearing, the Borough Administrator, or his or her designee, shall obtain from the landlord, using his subpoena power as necessary, information as to the total tax refund, expenses incurred in the case of a tax appeal, and each tenant's proportionate share of the refund.
[Amended by Ord. No. 1154; 11-8-2006 by Ord. No. 1706]
A. 
The Borough Administrator, or his or her designee, shall make a determination as to what refund the landlord shall make to each tenant.
B. 
The decision of the Borough Administrator, or his or her designee, shall be in writing and shall state the factual findings on which it is based.
C. 
In rendering a decision requiring a landlord to make a refund, the Borough Administrator, or his or her designee, also may order the payment of interest if required in the interest of justice. Interest, if ordered, shall be computed at the rate allowed on judgments pursuant to New Jersey Court Rules from the date the landlord received the tax refund.
[Amended 11-8-2006 by Ord. No. 1706]
A. 
If the Borough Administrator, or his or her designee, finds that the landlord is required to provide refunds for tenants in accordance with Article V, Tax Appeals and Refunds, then he shall order him to do so.
B. 
If the landlord does not comply with the order of the Borough Administrator, or his or her designee, then the Borough Administrator, or his or her designee, shall declare the landlord to be in violation of this chapter and subject to such penalties as are specified in § 321-45, Violations and penalties.