[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-8-2007 by Ord. No. 1990[1]]
[1]
Editor's Note: This ordinance superseded former
Art. I, Rental of Illegal Apartments, adopted 2-10-1987 by Ord. No.
1385 (Ch. 161 of the 1984 Code), as amended.
A.
No person shall lease or offer to lease, rent or offer
to rent, collect rent or lease payments for or permit the occupancy
of any illegal dwelling unit as defined herein.
B.
No person shall lease or offer to lease, rent or offer
to rent, collect rent or lease payments for or permit the occupancy
of any illegal cubicle as defined herein.
As used in this article, the following terms
shall have the meanings indicated:
One or more rooms occupied or intended for occupancy with
sleeping facilities, but without one or more of the requirements of
a dwelling unit as defined in this section.
One or more rooms occupied or intended for occupancy as separate
living quarters for one family, with access directly from the outside
of the building or through a common hall and for which separate cooking,
sleeping and sanitary facilities are provided for the exclusive use
of the occupants.
A dwelling unit:
For which no certificate of occupancy has been
issued; or
Which fails to meet the requirements of the
State Tenant Housing Law; or
Which was created without the issuance of any
necessary plumbing, electrical or building permits; or
Which fails to meet the requirements of any
applicable ordinance or law governing zoning or minimum light, ventilation,
floor area per occupant, ceiling height or other health or safety
regulation.
The fee owner, whether a natural person or other
entity; or
Any natural person or other entity with the
authority to lease, rent or authorize occupancy, which authority is
derived from the fee owner; or
Any natural person or other entity who leases
or offers to lease, rents or offers to rent, collects rent or leases
payments for' or permits the occupancy of any illegal dwelling unit
or cubicle as defined herein.
A.
Any person who violates this article shall be subject
to a fine of up to $500 per day for each violation until the violation
is abated. In addition, any person who violates this article may be
subject to up to 30 days in jail in the discretion of the Municipal
Court Judge.
B.
This article may be enforced by North Arlington Building
Department Inspectors, North Arlington Fire Prevention Inspectors
and the Police Department, together with any other municipal officials
authorized to enforce Borough ordinances.
C.
Any person authorized to enforce this article is hereby
further authorized to exercise such powers as may be necessary or
convenient to carry out and effectuate the purposes and provisions
of this article, including, but not limited to:
(1)
To investigate any suspected illegal dwelling unit or cubicle as defined in § 285-2 of this article to determine whether an illegal dwelling unit or cubicle exists; and
(2)
To enter upon the premises for the purpose of making
inspections in order to determine compliance with this article, provided
that entries shall be made in such a manner as to cause the least
possible inconvenience to the occupants of the premises being inspected.
D.
Refusal to permit any such inspection shall constitute
a separate violation of this article, and each day of continued refusal
to permit any such inspection shall constitute a separate offense.
[Adopted 7-8-1986 by Ord. No. 1367 (Ch.
162 of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
An improvement which is depreciable pursuant to the Internal
Revenue Code of the United States, and rules and regulations promulgated
thereunder and allowed as a depreciable expense by the Internal Revenue
Service; provided, however, that the improvement is in the nature
of an additional benefit to the tenants and not merely a replacement
of existing services that have been historically supplied to the tenants.
The amount of the monthly increase which a landlord may charge shall
be determined as follows: The total amount of the cost of the capital
improvement, as allowed by the Internal Revenue Service, shall be
divided by the depreciation period allowed by the Internal Revenue
Service. That annual amount so obtained shall be prorated among all
tenants in accordance with the formula provided in Article IV, and
all such rent increases shall be charged for no period greater than
the original depreciation period of said improvement without regard
to subsequent adjustments in the basis of the dwelling housing space.
The total cost, for the purpose of this definition, shall not include
any interest charged or paid in the event that moneys are borrowed
in order to apply for said capital improvement.
For all provisions of this article, except for the provisions of § 285-17, Certificates of occupancy, any building or structure rented or offered for rent for the purpose of housing space. Exempt from this article, except for the provisions of § 285-17 are one-family and two-family homes, motels, hotels and similar-type buildings. Newly constructed dwellings covered by this article which are rented for the first time are exempt, and the initial rent may be determined by the landlord. All subsequent rents will be subject to the provision of this article. Upon a vacancy in a three- or four-family house and upon the owner filing a noncoercion statement, the vacant apartment shall become exempt from this article, except for the provisions of § 285-17. Once an apartment has been removed from the control of this article, it is intended to remain exempt from the term hereof, except as to the certificate of occupancy provision set forth in § 285-17 hereof.
[Amended 6-21-1988 by Ord. No. 1426]
Includes not only all rent received from apartments but also
includes any and all rentals received from garages and parking spaces,
as well as any revenues received from washers, dryers and other vending
machines. Also included shall be real estate tax rebates or reductions
not passed on to tenants; said rebates or reductions shall be considered
operating income in the year received.
Includes that portion of a dwelling which is rented or offered
for rent for living and dwelling purposes to one individual or family
unit, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the property.
Include all actual expenses incurred in the operation of
the premises; however, operating expenses shall not include depreciation,
any and all interest charges or management fees in excess of 5% of
gross rentals.
All tenants that are 65 years of age or older
[Added 11-8-2018 by Ord.
No. 2258]
Establishment of rents between a landlord and
a tenant to whom this article is applicable shall hereafter be determined
by the provisions of this article, except in such instances as the
dwelling is exempted from the provisions of this article.
A.
Expiration of lease; termination of periodic tenancy.
(1)
At the expiration of a lease or at the termination
of a periodic tenancy, no landlord who supplies heat and hot water
to the tenant may request or receive a percentage increase in rent
except as follows:
(a)
In the event that the monthly rent is $325 or
under, the same may not be increased by a sum greater than 5% of the
current rent.
(b)
In the event that the monthly rent is more than
$325.01 but less than $499.99, the same may not be increased by a
sum greater than 4 1/2% of the current rent.
(c)
In the event that the monthly rent is more than
$500, the same may not be increased by a sum greater than 4% of the
current rent.
(d)
In the event that an apartment is rented to
or the tenant becomes enrolled in the Bergen County Section 8 Tenant
Assistance Program, the landlord may increase the rent to fair market
value as defined by the Bergen County Tenant Assistance Program; that
amount will become the apartment's new rent base.
[Added 6-21-1988 by Ord. No. 1426]
(2)
At the expiration of a lease or at the termination
of a periodic tenancy, in the event that the tenant supplies heat
and hot water, no landlord can request or receive more than an increase
of 4% of the current rent.
B.
Any rental increase at a time other than at the expiration of a lease or termination of a periodic tenancy shall be void, except if hardship or capital improvement increases are granted under §§ 285-14 and 285-15. Any rental increase in excess of that authorized by the provisions of this article shall be void.
C.
In the event that a landlord causes the rent to be increased either as a result of an annual increase or a hardship increase, the landlord shall notify all tenants affected by such increase no later than 30 days prior to the effective date of such increase. Said notice shall be in accordance with § 285-11 of this article.
D.
No owner or landlord shall increase the rental of any dwelling unit, as permitted in Subsection A(1) and (2), more than once in any twelve-month period; provided, however, that said right to an annual increase shall not be affected by any hardship increase granted to the landlord during the preceding year by the Mayor and Council.
[Amended 12-30-2002 by Ord. No. 1867]
E.
The appellant shall notify all parties that may be affected by such appeal in accordance with § 285-11 of this article.
F.
For a
qualified senior tenant, no owner or landlord shall seek or demand
an increase in rent which exceeds 2% of the rent charged during the
preceding twelve-month period. In apartments that contain multiple
persons, the 2% cap shall only apply if a senior qualified tenant
is identified on the lease as tenant in the subject apartment.
[Added 11-8-2018 by Ord.
No. 2258]
A.
Any landlord seeking an increase in rent shall notify the tenant of the allowable rent increase, up to the amount set forth in § 285-10A(1) and (2) of this article of the preceding 12 months of rent 30 days before the expiration of the lease or tenancy. Notice shall be by any of the following methods:
A.
Appeal to Mayor and Council; notification.
[Amended 12-30-2002 by Ord. No. 1867]
(1)
In the event that a landlord claims not to be receiving a just and reasonable return on the landlord's property, the landlord may appeal to the Mayor and Council for increased rental. The Mayor and Council may grant the landlord a rental increase over and above that permitted by § 285-10 of this article, provided that the landlord submits to the Rent Leveling Secretary such information as the Mayor and Council requires to determine the actual return received by the landlord on the landlord's property and a hearing for all interested parties is held. After the appeal to the Mayor and Council and prior to the hearing by the Mayor and Council, a landlord must post in the lobby of each building or, if no lobby is present, in a conspicuous place in and about the premises the notice of appeal, date, place and time of the hearing at least 10 days prior to the hearing.
B.
A landlord requesting a hardship rental increase shall
prove to the Mayor and Council that he/she has owned title to the
property in question and operated the same for at least one full year
immediately prior to the date of the hearing before the Mayor and
Council for said increase. This shall be in addition to all other
proofs required by the Mayor and Council.
[Amended 12-30-2002 by Ord. No. 1867]
C.
If a landlord owning more than six but fewer than
50 rental units files a hardship appeal, the required technical data
submitted to the Mayor and Council shall be reviewed and investigated
by a professional accountant designated by the Mayor and Council.
The cost of said professional shall be deposited by the landlord simultaneously
with the filing of the appeal, which sum shall be in the amount of
$200. If the cost of the audit is less than $200, the difference shall
be refunded to the landlord.
[Amended 12-30-2002 by Ord. No. 1867]
D.
If a landlord owning more than 50 rental units files
a hardship appeal, the amount required to be deposited simultaneously
with the filing of the application shall be in the amount of $500.
If the cost of the audit is less than $500, the difference shall be
refunded to the landlord.
E.
The method of determination of a fair rate of return shall be in accordance with the guideline set forth in Exhibit A herein.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
F.
All hardship appeals shall be heard and decided by
the Mayor and Council no later than 75 calendar days after such appeal
has been perfected by the applicant with the Mayor and Council.
[Amended 12-30-2002 by Ord. No. 1867]
A.
A landlord may seek additional rental for capital
improvements or services.
(1)
The landlord must notify each tenant as provided in § 285-11 of the total cost of the completed capital improvement or service; the number of years of useful life of the improvement, as claimed by the landlord for purposes of depreciation for income tax purposes; the average cost of the improvement; the total number of square feet of the dwelling or apartment complex; the total square feet occupied by the tenant; and the capital improvement surcharge he is seeking from each tenant.
(2)
The landlord seeking a capital improvement or service
surcharge shall apply for said surcharge to the Rent Leveling and
Control Board and present proof of expenditures for capital expenditures.
If said increase is granted, it shall not be considered rental and
not calculated in the allowable increase but shall be considered a
surcharge. In any event, no increase authorized by this section shall
exceed 15% of the tenant's rent.
B.
The Rent Leveling Board shall take into consideration
any cost saving in operation of the building that will inure to the
benefit of the landlord as a result of such capital improvement.
C.
A landlord may, in advance of starting a capital improvement, apply to the Board for a determination as to whether or not a capital improvement increase will be granted. The same procedure shall be followed as in § 285-12, except that certified cost estimates shall be submitted along with the other required data.
A landlord shall only be entitled to a hardship
rent increase or capital improvement increase provided herein if he
maintains the premises in accordance with this article and the other
ordinances of the Borough or state codes providing for the construction,
health, maintenance or zoning of said property without substantial
decrease of any essential services.
[Amended 6-21-1988 by Ord. No. 1426; 1-23-1990 by Ord. No.
1479; 12-30-2002 by Ord. No. 1867]
Notwithstanding any limitations upon permissible
rent increases under any other provisions of this article, upon the
voluntary, uncoerced vacation of any apartment, rent increases of
which are controlled by this article, the landlord shall have the
right to fix the rent for such vacated apartment at such sum as the
landlord deems appropriate; provided, however, that in no event shall
said increase exceed 30% of the prior tenant's rent, and, furthermore,
no more than one thirty-percent increase shall be permitted in one
year or twelve-month period. A landlord shall not be permitted to
increase said rent more than 30% in said twelve-month period, including
the increase permitted under this section.
A.
Noncoercion certificate. In order for a landlord to
qualify for the vacancy decontrol rent increase, the landlord shall
first be required to file with the Rent Leveling Secretary, within
60 days, a noncoercion certification signed by the vacating tenant.
Any consideration for exception of the sixty-day provision may be
appealed to the Mayor and Council. The Mayor and Council must approve
the noncoercion certificate before rent increases may be enforced.
The noncoercion certificate must certify to the Mayor and Council
that the landlord has not in any way harassed or pressured the tenant
into vacating the housing space unit and that the vacating of such
unit was a voluntary act on the part of the tenant. Such noncoercion
certification shall be required in order for the landlord to qualify
for the vacancy decontrol increase in all cases. However, if the increase
does not exceed the total of all permissible increases authorized
by any other provisions of this article, the tenant has moved from
the unit without notice to the landlord, the unit has been vacated
pursuant to a noncoercion certification, and the tenant has refused
to sign such certification, the landlord may appeal to the Mayor and
Council for a vacancy decontrol increase. If the Mayor and Council
has found that such refusal was unwarranted and that there was in
fact no coercion exerted by the landlord upon the vacating tenant,
said increase may be granted. A hearing pursuant to the above shall
be held before the Mayor and Council upon at least seven days' notice
to the public and the vacating tenant. The decontrol provision of
this section shall only apply to dwelling units which are physically
vacated subsequent to the effective date of this section. Noncompliance
with the provisions of this section could result in the full refund
of any rents collected in violation of said section. The amount of
refund, if any, shall be in the sole discretion of the Mayor and Council.
B.
Upon the vacating of any apartment hereafter, the
landlord shall file a statement with the Rent Leveling Secretary,
certifying to the Mayor and Council the apartment and building numbers
of such dwelling unit, the rent paid by the vacating tenant. The maximum
rent increase which would be permissible under the other provisions
of this article, the number of days such apartment remains vacant,
the rent agreed to by the new tenant for such apartment and that the
vacating of such apartment was the voluntary act of the vacating tenant
and that such vacating was not the result of landlord harassment or
pressure upon such vacating tenant. The Rent Leveling Secretary shall
submit quarterly reports to the governing body summarizing the number
of apartments vacated during each such month and the difference, if
any, between the permissible rent increases under the other provisions
of this article as compared to the increases in rent due to the application
of this section. Such quarterly reports shall also include the statement
of the number of complaints received by the Rent Leveling Secretary
with respect to alleged coercion by landlords for the purpose of forcing
tenants to vacate apartments.
C.
Monthly reports.
(1)
Any landlord who is the owner of property within the Borough of North Arlington, which is affected by the provisions of this Article II, shall file with the Rent Leveling Secretary on a monthly basis, no later than the 15th day of each month, a written report on forms to be designated by the Mayor and Council, which report shall contain the following information:
(a)
All changes in occupancy of any rental unit
in such property during the previous calendar month.
(b)
In the event of such changes in occupancy, the
name or names of the former tenant, the name or names of the new tenant,
the term of the new tenancy, the amount of the former rent on a monthly
basis and the amount of the new rent on a monthly basis.
(c)
In the event of no change in occupancy, a statement
to that effect.
(d)
In the event that a landlord fails to file such
report, or in the event that the landlord files a report which is
knowingly or willfully false, such failure to file or filing such
false report shall be deemed a separate violation of this article,
punishable pursuant to the provisions of this article.
D.
Upon the termination of any subsidy for any tenant,
the rent for that apartment shall revert to that level at which it
would have been at the time of such subsidy termination had the apartment
been occupied by a nonsubsidized tenant or tenants, and that apartment
shall immediately become subject to all other provisions of this article.
[Amended 12-30-2002 by Ord. No. 1867]
A.
The Council shall appoint a person annually to serve
as an enforcement officer. The enforcement officer shall have the
power to enforce this article by issuing complaints in the Municipal
Court for violation of this article.
B.
The Mayor and Council shall give both landlord and
tenant reasonable opportunity to be heard before making any determination
as to the issuance of a complaint in the Borough Municipal Court.
C.
The Borough Administrator be and is hereby authorized
to assign an employee of the Borough as an administrative assistant
to the enforcement officer in order to assist said officer in the
performance of his or her duties. Such administrative assistant shall
coordinate the receipt of all reports required by this article and,
in addition, shall make initial investigations as to all violations
of this article, reporting the same back to the enforcement officer
for action. Said administrative assistant shall have such other and
further duties as may be determined by the Rent Leveling Board with
the consent of the Borough Administrator and consistent with the law.
D.
The Council shall appoint a person annually to serve
as Rent Leveling Secretary.
A.
When required. No owner or operator of a dwelling
for rent shall permit the occupancy of a dwelling unit by a tenant
not previously occupying said dwelling unit without first obtaining
a certificate of occupancy from the Construction Code Official. All
inspections required hereunder shall be made within 10 days after
receipt of a written request from the owner or operator.
C.
Issuance of certificate. A certificate of occupancy
shall be issued by the Construction Code Official only after examination
of the dwelling unit and favorable findings as to matters which are
embraced in this article and other applicable laws of the Borough
of North Arlington and the State of New Jersey.
D.
Applications and fees. Application for a certificate
of occupancy shall be submitted, in writing, to the Construction Code
Official accompanied by a fee as set forth in the appropriate ordinance.
E.
Conditional occupancy.
(1)
If, in the opinion of the Construction Code Official,
minor violations are found to exist after inspection, a new occupancy
may be permitted to conditionally occupy the dwelling unit. Where
a dwelling unit is occupied prior to the issuance of a certificate
of occupancy, the owner or operator shall make all required repairs
within 15 days after the mailing of the written notification from
the Construction Code Official. Such occupancy, however, shall at
all times be subject to the issuance of a certificate of occupancy.
(2)
Where occupancy has been permitted under this provision,
the owner or operator shall obtain a signed statement from the occupancy
acknowledging that such occupancy is subject to a certificate of occupancy
and granting the Construction Code Official permission to enter into
the premises at a later date for the purpose of reinspection.
(3)
"Minor violations" shall be construed to mean violations
not exceeding a total cost of $200 and which do not present an immediate
danger to the health, safety or welfare of the occupant.
F.
Identification and conduct of inspectors. The Construction
Code Official or his delegate acting as an inspector shall be supplied
with official identification and shall exhibit such identification
when entering any dwelling unit, building or part thereof, subject
to this article. Such persons making inspection shall conduct themselves
as to avoid intentional embarrassment or inconvenience to the occupant.
[Amended 3-15-1994 by Ord. No. 1606; 6-10-1997 by Ord. No.
1704; 12-30-2002 by Ord. No. 1867]
A.
The Rent Leveling and Control Board of the Borough
of North Arlington is hereby abolished.
B.
The Mayor and Council of the Borough of North Arlington
is hereby granted and shall have and exercise, in addition to other
powers herein granted, all the powers necessary and appropriate to
carry out and execute the purposes of this article, including but
not limited to the following:
(1)
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this article, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Mayor and Council in the exercise
of its discretion, provided that such rules are filed with the Borough
Clerk.
(2)
To supply information and assistance to landlords
and tenants to ensure compliance with the provisions of this article.
(3)
To conduct hearings and adjudicate applications from
landlords for rental increases as hereinbefore provided.
(4)
The Council shall appoint legal counsel to serve as
Rent Leveling Attorney. Such counsel's compensation shall be determined
from time to time by the Council, subject to budget appropriation.[1]
[1]
Editor's Note: Original § 162-12,
Appeals to Mayor and Council, as amended 6-21-1988 by Ord. No. 1426,
which immediately followed this section, was repealed 12-30-2002 by
Ord. No. 1867.
During the term of this article, the landlord
shall maintain the same standards of service, maintenance, furnishings
and equipment in the housing space and dwelling as he/she provided
or was required to do by law or lease at the date the lease or tenancy
was entered into.
No landlord shall, after the effective date
of June 1, 1986, of this article, charge any rent in excess of what
he/she was receiving from the effective date of this article, except
for increases as authorized by this article.
The owner of housing space or dwelling being
rented for the first time shall not be restricted in the initial rent
he charges. Any subsequent rental increases, however, shall be subject
to the provision of this article.
A.
The base rent shall be deemed to be the lawful rent
for the housing space which was in effect on the effective date of
this article and further, provided that rent for the housing space
shall not exceed base rent plus any surcharge or increase authorized
by the provisions of this article.
B.
The Mayor and Council shall provide information on
and in accordance with the procedure herein described and shall enforce
any such federal legislation or regulations unless prohibited from
such action by federal or state law.
[Amended 12-30-2002 by Ord. No. 1867]
In the event that a landlord perfects a successful
tax appeal, the tenant shall receive 100% of all reductions as applied
pro rata to the tenant's living space so leased, after deducting all
reasonable expenses incurred by the landlord to perfect the tax appeal.
Payment to the tenant may be made in the form of a credit against
the monthly rent next ensuing or a check made payable to the tenant
all within 60 days of the date the landlord receives such rebate.
[Amended 12-30-2002 by Ord. No. 1867]
There shall be no waiver or avoidance of the
provisions of this article by private agreement directly or indirectly.
However, where a tenant requests a personalized service, furnishings,
equipment, facility, alteration or improvement to the tenant's housing
space, which is unique and has negotiated a mutually satisfactory
agreement with the landlord as to price and terms of payment therefor,
such agreement shall not be deemed as part of rent and shall require
prior approval of the Mayor and Council.
[Amended 12-30-2002 by Ord. No. 1867]
A violation of any provision of this article, including but not limited to the filing with the Mayor and Council of any material misstatement of fact, shall be punishable as provided in Chapter 1, Article I, General Penalty. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
