As used in this chapter, unless the context otherwise requires, the
following words shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by a state or local Housing Inspection
Code and occupied or unoccupied and offered for rent.
DWELLING
Includes any building or structure and land appurtenant thereto or
any mobile trailer park containing six or more units of housing space rented
or offered for rent to one or more tenants or family units. This chapter specifically
applies only to landlords owning six or more such rental units within the
Borough of Oaklyn. Also exempted from this chapter are public housing and
dwelling spaces in any motel, hotel or any other premises primarily serving
transient guests.
[Amended 10-8-1974 by Ord.
No. 12-74]
HARDSHIP SURCHARGE
An increase to be added to the rent after approval of the Rent Control Board. The circumstances under which this surcharge may be sought and allowed are set forth in §
105-9B(2).
[Amended 4-8-1980 by Ord.
No. 3-80]
HOUSING SPACE
Includes that portion of a dwelling 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.
SERVICE SURCHARGE
A substantial increase in service, furniture, furnishings or equipment
or major capital improvement for which a landlord may seek a service increase
to be added to the rent after the approval of the Rent Control Board.
VACANCY RATE OF HOUSING SPACE
That percentage of housing space available for rent to tenants which
has been unoccupied for 30 days and offered for rent, provided that such space
has been rented and occupied for at least one calender year, excluding all
new apartments that have not been previously occupied or rented whether such
apartments have permits of occupancy or not.
[Amended 10-8-1974 by Ord.
No. 12-74; 4-14-1981 by Ord.
No. 3-81]
There is hereby created in and for the Borough of Oaklyn a Rent Control
Board, whose members shall be residents of the Borough of Oaklyn (with the
exception of the landlords' representatives), shall be not less than 18 years
of age and shall hold office for the term of two years, subject to the following
limitations: The Board will consist of seven members. Two members will be
landlords' representatives, two members will be tenants' representatives,
and three members will be homeowners within the Borough. One of the three
Board members who are homeowners' representatives will be a member of the
Oaklyn Borough Council. All members of this Board must be residents of the
Borough of Oaklyn. One alternate tenant and one alternate landlord may be
appointed to the Rent Control Board at the discretion of the Borough Council.
Said alternate has the full powers to act as a member of the Board in the
absence of a Board member of this particular category. A quorum will exist
when four members are present for a meeting, with at least one tenant and
one landlord present. When either the tenants' or the landlords' representatives
do not have any representation at a Board meeting, the Board meeting cannot
take place.
[Amended 10-8-1974 by Ord.
No. 12-74]
Immediately after the adoption of this chapter, the Rent Control Board
shall determine the vacancy rate of housing space from availability statistics
furnished by landlords. Semiannually thereafter, the Rent Control Board shall
complete a municipal survey to determine the vacancy rate of housing space
in Oaklyn or shall continue to utilize the availability statistics furnished
by the landlords.
[Amended 10-8-1974 by Ord.
No. 12-74]
The Rent Control Board shall report semiannually to the Mayor and Council the vacancy rate of housing space. The Rent Control Board shall state whether or not there exists in this Borough a housing state of emergency. If such state of emergency is declared to exist, the Mayor and Council shall issue a proclamation activating the rent leveling provisions of §§
105-6,
105-7 and
105-8 of this chapter.
A tenant shall be entitled to a tax rebate in the event of a reduction in municipal property taxes. The landlord shall compute the rebate to which the tenant is entitled by the same formula used in §
105-7 for computing a tax surcharge. Payment shall be made in the form of a credit against the monthly rent or of a check made payable to the tenant.
Within 30 days following a determination by the Rent Control Board that a housing state of emergency no longer exists, the Mayor and Council shall issue a proclamation deactivating the rent leveling provisions of §
105-5,
105-6 and
105-7 of this chapter.
A landlord rerenting a housing space during a housing state of emergency shall not charge a new tenant a higher rent or surcharge than the maximum he was permitted to charge the previous tenant under §§
105-6,
105-7,
105-8 or
105-9 of this chapter.
The owner of a 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 provisions of this chapter.
Every owner of any multiple dwelling shall maintain the following record
which shall be available for inspection by the public during usual business
hours at the owner's principal place of business within the Borough of Oaklyn:
A. A list showing all housing space vacant and available
for rental, including the location of and the number of rooms contained within
said housing space.
B. A list showing the name and last known address of every
applicant for a housing space offered for rent by the owner, together with
the location of the housing space sought to be rented by the applicant, the
date on which the application for rent was made and the present monthly rental
for said housing space.
During a housing state of emergency, a landlord shall maintain the same
standards of service, maintenance, furniture, furnishings and equipment in
the housing unit as he provided or was required to provide by law or lease
at the date that the lease was entered into.
Any provision of a lease or other agreement whereby any provision of
this chapter is waived shall be deemed against public policy and shall be
void.
Base rental shall be deemed to be the lawful rent for the housing space
which was in effect on August 1, 1973. Rent for housing space after the date
that this chapter takes effect shall not exceed the base rental plus any surcharge
or increase authorized by the provisions of this chapter.
[Amended 10-8-1974 by Ord.
No. 12-74; 9-13-1977 by Ord.
No. 13-77]
A willful violation of any provision of this chapter, including but
not limited to the willful filing with the Rent Control Board of any material
misstatement of fact or the refusal to file, shall be punishable by a fine
not to exceed $500 or a jail term not to exceed 90 days, or both, for each
offense.