[Adopted 11-8-2007 by Ord. No. 1990]
As used in this article, the following terms
shall have the meanings indicated:
CUBICLE
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.
DWELLING UNIT
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.
ILLEGAL DWELLING UNIT
A dwelling unit:
A.
For which no certificate of occupancy has been
issued; or
B.
Which fails to meet the requirements of the
State Tenant Housing Law; or
C.
Which was created without the issuance of any
necessary plumbing, electrical or building permits; or
D.
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.
PERSON
A.
The fee owner, whether a natural person or other
entity; or
B.
Any natural person or other entity with the
authority to lease, rent or authorize occupancy, which authority is
derived from the fee owner; or
C.
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.
[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:
CAPITAL IMPROVEMENT
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.
DWELLING
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]
GROSS OPERATING INCOME
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.
HOUSING SPACE
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.
OPERATING EXPENSES
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.
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 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.
[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.
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.
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.