[Added 3-15-2017 by Ord.
No. 554-2017[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
III, Rent Control Board, added 10-4-1989 by Ord. No. 302-89, as amended.
For further information regarding this ordinance, refer to Consent
Order, Docket No. ATL-L-1285-16, on file in the Township offices.
The following terms, whenever used herein or referred to in
this article, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
Any improvement, addition or contribution which materially
adds to the value or utility of the property, or appreciably prolongs
its useful life, as opposed to a repair which maintains the property
in an ordinarily efficient operating condition.
An issue or concern within a mobile home park or other discrete
rental community negatively impacting over half of the residents of
the mobile home park or rental community.
Periodic increase in wages or salaries established by the
Social Security Administration to compensate for a loss in purchasing
power of money due to inflation.
That parcel of land that is leased to a mobile home owner
and that provides all necessary connecting utilities and anchoring
systems required by state, county and municipal ordinances.
Includes the amount of the original cash or equivalent consideration
paid upon acquisition, which shall include the principal amount of
any purchase money mortgage or mortgages, together with any other
additional capital contributed after the date of acquisition.
An owner, subletter, assignee or other person receiving or
entitled to receive rent or any agent of a person receiving or entitled
to receive rent.
A fee imposed on manufactured homes installed in a mobile
home park for the purpose of reasonable payment for services rendered
the owners of the manufactured homes by the Township of Weymouth or
any other appropriate taxing authority within the Township of Weymouth
established pursuant to an ordinance of the Township of Weymouth.
The amount of consideration agreed to between parties whereby,
upon payment of a certain sum by the tenant, the landlord allows the
tenant the peaceful and quiet enjoyment of the use and occupation
of a homesite, common grounds and recreational facilities of the mobile
home park for the time period agreed upon in a lease or rental agreement,
which lease or rental agreement must be provided to the approved tenant
no later than the date of closing on the unit in order to be valid.
The rent may be charged on any basis mutually agreed to by landlord
and tenant, provided that the monthly rate is no larger than the yearly
rate divided by 12 months.
Refers to the elimination, termination or modification of any rent previously approved by the Rent Control Board, to the extent allowed and/or limited by any provision of § 173-30, occasioned by the transfer of any mobile home unit in a mobile home park by a tenant to any other tenant or new tenant.
The United States Social Security Administration, an independent
government agency responsible for the social security system.
A.
There is hereby created within the Township of Weymouth a Rent Control Board whose members shall be residents of the Township of Weymouth, not less than 18 years of age, and who shall hold office for a term of two years from the first day of January in the year of appointment. The members must be citizens and residents of the Township of Weymouth, and may not be tenants or owners of a mobile home park except for the two nonvoting delegates as specified in § 173-27B below.
B.
The Board shall consist of five voting members and two nonvoting
delegates. The delegates shall consist of one designated representative
of the landlord of the senior mobile home park(s) and one designated
representative of the tenants of the senior mobile home park(s) located
within the Township of Weymouth. The members shall be residents living
in Weymouth Township who are neither landlords nor tenants. All of
the members of said Board shall be appointed by the Township Committee.
One of the members shall be appointed by the Township Committee at
the time of his or her appointment to serve as Chairperson. The Board
shall reorganize annually at its first meeting. All members shall
serve without compensation. The Township Committee shall appoint three
alternate members to serve in the event that a regular member is unable
to serve, is disqualified from serving or is absent from a meeting.
The alternate shall have the same qualifications for appointment as
members.
C.
All members shall have one vote.
D.
Any member of the Board, including alternate members, shall be subject
to removal by the Township Committee for good cause after notice and
an opportunity to be heard.
E.
All actions or decisions of the Board shall be taken or rendered
upon a majority vote of those present and voting. A quorum shall consist
of three members.
The Rent Control Board is hereby granted and shall have and
exercise, in addition to other power herein granted, all the power
necessary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to the following:
A.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
B.
To issue and promulgate such written procedural rules which are deemed
necessary to improve the efficiency of administration of this chapter.
C.
To hold hearings and adjudicate objections from tenants regarding
increased rent applications and to hear concerns from tenants regarding
community-wide issues, as hereinafter provided.
D.
To hold hearings and/or adjudicate applications from landlords for rent increases as herein provided, as well as to consider agreements between the landlord and tenants for increased rents as is set forth in § 173-37, Increase by agreement, of this chapter.
E.
To enforce the provisions of this chapter and to initiate proceedings
in the municipal court for willful violations thereof.
F.
To issue subpoenas to compel the attendance of witnesses and the
production of books and records in connection with hearings held pursuant
to the provisions of this chapter.
G.
The Chairman may administer oaths and take testimony and shall afford
both landlord and tenant a reasonable opportunity to be heard before
the Board shall render any determination.
H.
The Board shall prescribe and provide all forms for filing an application
of complaint under the terms of this chapter.
I.
The Board shall have the power to retain any and all professionals
it may require to assist the Board in determining rent increase applications
as provided in this article.
A.
The Rent Control Board shall hold hearings and/or make determinations upon applications or objections properly brought before the Board under the provisions of this article. The Board shall not be obligated to hold hearings on applications brought under §§ 173-32 and 173-33 of this chapter, but the Board shall be obligated to make the determinations on all requests for increases under all sections of this article at public meetings pursuant to the laws of the State of New Jersey. The Board will have 60 days from receipt of a complete rent increase application to have a meeting on the increase and make a determination. In the event the Board fails to have a timely meeting following the submission of a complete application, the increase will become effective on the increase's stated effective date. Except as set forth above, no increased rents may take effect pursuant to an application until after a Board makes its determination at a public meeting, and then only in accordance with the laws of the State of New Jersey governing landlord-tenant relations.
B.
The Board shall not be obligated to hear matters that have previously
been resolved by the Board, and shall not be obligated to hear matters
not brought before the Board in accordance with the provisions of
this article.
C.
With the exception of an increase based on § 173-37, Increase by agreement, hereinafter set forth, all applications for increased rents must be submitted to the Clerk or Board Secretary if one is appointed, and all application fees must be paid.
D.
The Rent Control Board shall hold hearings and/or make determinations
upon applications or complaints properly brought before the Rent Control
Board under the provisions of this article after they have been considered
by the Rent Control Board Accountant/Auditor and the Accountant/Auditor
has made recommendations thereon. The Rent Control Board shall not
be obligated to hear public comment on landlords' requests for
COLA increases, or for governmentally mandated expense surcharges,
unless said increases are challenged due to a mathematical or calculation
error. All determinations of the Rent Control Board regarding COLA
increases shall be made at a public meeting with proper notice being
provided by the landlord as mandated by this article.
E.
It shall be the responsibility of the applicant to inform the tenants
of the time, date and place of the meeting of the Board, by certified
mail, return receipt requested, or by certificate of mailing, in addition
to physically posting a copy of the notice on the community billboard
within the clubhouse of the community. The landlord shall provide
the tenants with access to copies of any application.
F.
As part of the application for increases under §§ 173-32 and 173-33 of this chapter, the landlord shall provide the tenants with notice of the present rent, proposed rent increase, the basis for the rent increase and the proposed effective date of the rent increase. Tenants who have objections to any application for a rent increase must file it in writing within 21 days of the landlord filing the rent increase. For §§ 173-32 and 173-33 a tenant may only object to the mathematical calculation. Notice must state:
"IF YOU DO NOT FILE A WRITTEN OBJECTION REGARDING MATHEMATICAL
ERRORS IN THIS APPLICATION WITH THE SECRETARY OF THE WEYMOUTH TOWNSHIP
RENT CONTROL BOARD WITHIN 21 DAYS FROM THE DATE YOU RECEIVE THIS NOTICE,
AND WRITTEN OBJECTIONS OF 15% OR MORE OF THE RENTAL UNITS AFFECTED
BY THE APPLICATION FOR THE RENT INCREASE ARE SIMILARLY NOT FILED WITH
THE SECRETARY OR THE WEYMOUTH TOWNSHIP RENT CONTROL BOARD WITHIN SAID
TWENTY-ONE-DAY PERIOD AND THE TOWNSHIP RENT CONTROL BOARD MAKES THE
DETERMINATION THAT THE CALCULATIONS SUPPORTING THE INCREASE ARE CORRECT,
AND THE APPLICATION OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS
ORDINANCE, THE INCREASE MAY AUTOMATICALLY BE GRANTED AND YOU MAY NOT
HAVE THE OPPORTUNITY TO PRESENT TESTIMONY TO THE BOARD."
G.
As part of the application for an increase pursuant to § 173-35 or 173-36 of this article, the landlord shall file with the Board the following books and records, all certified to be true and correct by the applicant or the applicant's accountant: profit and loss statements; balance sheet; statement of retained earnings; statement of changes in financial position. The Board shall make the books and records available for inspection by the tenant of the affected dwellings and/or his or her duly authorized representatives. No application shall be deemed complete until these books and records are filed with the Board.
H.
No application will be heard unless the applicant complies with the
Uniform Construction Code and Building Code inspection for health
and safety, and taxes must be paid current. If an applicant is required
to maintain a license for the rental of units which is to renew annually,
no application will be deemed complete or heard until said license
is renewed. Certification of compliance with the foregoing must be
given to the Township Clerk by the applicant. In addition, the Township
Clerk shall certify that the applicant has complied with the Uniform
Construction Code; and the Department of Inspections, that all taxes
are current for the property which is the subject of the application
and that the applicant's license has been renewed. If all items
required to be completed prior to the license issuing cannot be completed,
the landlord can post a cash bond in an amount to be determined by
the Township Engineer in order for the license not to be held up.
In addition, the engineer will be accompanied by a landlord's
employee when on site. When fire hydrant inspections are done, the
landlord will allow an authorized representative of the Dorothy Volunteer
Fire Company to accompany the vendor. No application shall be deemed
complete until the Clerk's certification is filed with the Board
and/or a bond is posted to cover incomplete items.
I.
Notwithstanding what is otherwise set forth in this article, nothing
herein contained shall limit the lawful authority of the Board to
determine the accuracy of all calculations submitted by the landlord,
or otherwise determine the accuracy of all calculations submitted
by the landlord, or otherwise determine the reasonableness or conscionability
of all applications for increases under any provision of this chapter,
which shall be applied so as to provide the landlord with a fair and
reasonable return on investment as measured against comparable real
estate investments with comparable risks.
J.
If either of the nonvoting delegates of the Rent Control Board wishes to discuss community-wide issues before the Rent Control Board, the delegate must contact the Chairman of the Board to request a meeting. The Chairman may then call a meeting of the entire Board. The Board Secretary will issue a public notice of any such meeting in accordance with § 173-39 of this chapter.
A.
When the landlord applies for an increase under § 173-32, the landlord shall set a new resale decontrol rent, which shall be charged to incoming tenants until changed subject to the following limitations: The resale decontrol rent will be established by the landlord and must be approved by the Rent Control Board following a public hearing. The landlord shall support his or her proposed resale decontrol rent through the submission to the Rent Control Board of a market study prepared by a real estate expert. While new homes are still being sold, the initial rent charged by the landlord for new homes being sold shall be the decontrolled rent subject to the provisions of this article. Homes that are owned by the landlord are subject to resale decontrol upon sale. The death of a tenant, standing alone, shall not constitute a transfer for purposes of this section. However, once the deceased tenant's estate sells or transfers the unit to a person who is not on the lease, that will qualify as a transfer for purposes of this section. Any tenant who objects to the resale decontrol rent may have a market study prepared by a real estate expert, and said study shall be presented to the Rent Control Board as an application, with written notice to the landlord. The landlord shall have 30 days to obtain his or her own market study, and the Rent Control Board shall rule on the decontrol amount based on the testimony of the experts. Any tenant living on the property as of the date this article is adopted and takes effect will be subject to a limit on resale decontrol as follows:
(1)
For tenants living in the property as of the date this article is
adopted and takes effect, there will be no resale decontrol on the
first transfer for 20 years.
(2)
If a transfer occurs during those 20 years, the rent for property
will be decontrolled on the next transfer to fair market rent or a
cap of the rent currently charged plus 50%, whichever is less; each
subsequent transfer is capped at the current rent charged plus 25%
further capped at the fair market rent that has been established.
B.
For any tenant who moves in after the date this article is adopted
and takes effect, the resale decontrol rent shall be the fair market
rent established by the landlord.
C.
The landlord of housing space or a dwelling being rented for the
first time shall charge the decontrolled rent. Any subsequent rent
increases, or surcharges except for resale decontrol, however, shall
be subject to the provisions of this article.
D.
The Board shall not hear more than one application for a rent increase
or increases in any twelve-month period except for an application
for a real estate tax increase, which can be submitted separately
by the landlord.
A.
During the term of this article, the landlord shall maintain the same standards of service, including but not limited to maintenance, utilities, recreation facilities, furnishings, equipment, bus service, off-street parking and amenities in the housing space and dwelling as he provided or was required to do by law, ordinance, or lease at the date the lease was entered into. Any willful violation hereof shall subject the landlord to punishment under § 173-28 of this article.
B.
Any individual tenant or class of tenants not receiving substantially
the same standards as aforesaid may apply to the Rent Control Board
to determine the reasonable rental value as the Board may fix as full
payment of rent until the landlord shall demonstrate to the Board
that such deficiency has been corrected.
C.
During the term of this article, an applicant must pay and keep current
all real estate taxes, municipal service fees and costs and fees due
to the Township municipal utilities authority prior to being entitled
to relief in accordance with any decisions rendered by the Board pursuant
to this chapter.
A.
In addition to other increases, a landlord shall be entitled to one
COLA rental increase annually under the terms of this article. The
rental increase must be requested by the landlord and shall take effect
after the Board renders a determination concerning the application.
The monthly rent increase as determined by the Rent Control Board
shall be 100% of the percentage increase in social security payments
established by the Social Security Administration in its most recently
issued cost of living adjustment announcement unless the COLA in a
given year meets or exceeds 5%, in which case the Rent Control Board
shall have the discretion to approve a COLA rental increase that is
less than the full COLA for that given year.
C.
Any landlord seeking an increase pursuant to the social security
adjustment of this chapter shall notify the tenant, by certified mail,
return receipt requested, or by personal service, or by certificate
of mailing, in addition to physically posting a copy of the notice
on the community billboard within the clubhouse of the community of
the calculations involved in computing the increase, including the
social security adjustment of the preceding year and the additional
rent which would be allowable if the application is approved by the
Board.
A.
A landlord shall be entitled to apply to the Rent Control Board for
a rent surcharge for any and all increase in real property taxes.
Any landlord seeking a surcharge for real property taxes shall notify
the tenants by certified mail or by certificate of mailing at least
30 days prior to the date of which said increase is to be effective
of the calculations involved, including the property tax for the mobile
home park for the previous year, and the increase in the present property
tax over the tax for the previous year divided by the total number
of mobile home spaces in the mobile home park. The tax surcharge each
tenant is liable for shall be paid in 12 monthly installments and
shall continue unless and until the tax being charged is modified.
A tax surcharge that is a pass-through under this section shall not
be considered an increase in base rent.
B.
Tax appeals. In the event a real property tax appeal is taken by
the landlord and the landlord is successful in said appeal and the
taxes reduced, the tenants involved shall, for the tax year concerned,
receive 50% of said tax reduction after the landlord's costs
of securing said tax reduction have been deducted. The landlord shall
receive the remaining benefit of the reduced taxes. Thereafter, in
succeeding years, the benefit of such successful tax appeal shall
be divided 50/50 between the tenants and the landlord.
C.
Any such successful landlord shall notify the tenants by certified
mail or by certificate of mailing within 30 days after the receipt
of the final judgment of the calculations involved, including an itemization
of the costs of securing said reduction and the reduction each tenant
is entitled to, which reduction shall be determined by multiplying
.50 times the difference between the amount of said reduction and
the landlord's costs of securing said reduction and dividing
the amount thus obtained by the total number of occupied mobile home
spaces in the mobile home park.
A.
CAPITAL IMPROVEMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Improvements resulting from capital expenditures as defined
by the United States Internal Revenue Service under the current applicable
tax code and regulations. Consistent with the Internal Revenue Code
and Regulations, expenditures for repairs and maintenance are not
capital improvements.
B.
A landlord may seek a surcharge for capital improvements for the
rented mobile home space for the mobile home park. The capital improvement
surcharge shall be calculated per lot by dividing the total surcharge
by the total number of mobile home spaces in the community.
C.
In order to qualify for a capital improvement surcharge, the landlord
must apply for the surcharge within 18 months of the completion of
the capital improvement.
D.
Any landlord seeking a capital improvement surcharge shall file with
the Township Clerk and Rent Control Board Secretary an application,
which shall include a schedule indicating the calculations involved
in computing the capital improvement, the number of years of useful
life of the improvement or services, the average annual cost of said
improvement or services, including debt service, the total number
of affected mobile home spaces, together with the calculations predicated
upon the formula above.
E.
The surcharge for capital improvements shall be continued until the
Rent Control Board determines that the cost therefor has been recovered
or until the improvement shall cease to benefit the tenants, but in
no case longer than the number of years of its useful life used to
measure the capital improvement increase approved by the Board. An
affected tenant shall be entitled to apply to the Rent Control Board
for a reduction in the surcharge in the event of full recovery by
the landlord.
F.
The landlord shall provide tenants notice of applications for capital
improvement surcharges in accordance with this article.
G.
The Rent Control Board shall process, hear and determine the matter
of capital improvement surcharges in accordance with this article.
H.
In the event of a capital improvement request, the landlord must
provide all bills, proof of payment, and contracts for said capital
improvement.
A.
A landlord may apply to the Rent Control Board of the Township of Weymouth for a hardship surcharge when the present rents are insufficient to cover the cost of mortgage payments, normal repair and maintenance, local taxes, current operating expenses or for other special hardships A reasonable profit shall be included in the surcharge. The reasonable profit on the surcharge shall be considered part of the landlord's reasonable rate of return as is set forth in § 173-36 of this chapter.
B.
Any landlord seeking a hardship surcharge shall file with the Rent
Control Board an application therefor, together with the appropriate
fee and a schedule indicating the calculations involved in computing
the hardship surcharges, including the costs of mortgage payments
on the affected dwelling (including amortization), taxes thereon,
the cost of current operating and maintenance expenses and any other
additional relevant financial information utilized in such computation.
Upon filing said application, the landlord shall notify each tenant
affected by certified mail, certificate of mailing, in addition to
physically posting a copy of the notice on the community billboard
within the clubhouse of the community or personal service of the proposed
application and of the calculations and information contained in the
aforesaid schedule. The notice required above may be given at the
same time as the notice of the hearing as set forth in this chapter.
C.
The Rent Control Board shall process, hear and determine the matter of a hardship surcharge in accordance with § 173-29 of this chapter.
D.
An increase pursuant to the hardship surcharge section of this chapter
shall be considered as an increase in base rents, unless otherwise
indicated by the Board when it makes its determination.
The landlord is entitled to a fair rate of return. The rate
to be applied by the landlord, when computing a rate of return, shall
be equal to the rate of return for comparable real estate investments
with comparable risks.
A.
The landlord and the tenants may effectuate rent increases by agreement.
The agreement must be in writing and signed by the landlord and signed
by tenants representing 75%, plus one, of the rental units affected
by the rent increase. The written agreement must contain the following
information:
B.
Landlords seeking a rent increase pursuant to this article shall not be obligated to file an application with the Board pursuant to § 173-29 of this article, submit a report from the Office of the Township Construction Code Official, or file with the Board the documents required in § 173-29H of this article.
C.
No increase pursuant to this article may take effect until the Board
makes a final determination concerning the agreement at a public meeting.
A copy of the proposed agreement must be submitted to the Board at
least 30 days prior to the proposed effective date of the increase.
Upon receipt of said agreement, the Board Secretary shall schedule
a date for the Board to consider the agreement. Once the date has
been set, the landlord must notify all of the tenants whose rental
units are to be affected by the rental increase of the date of the
meeting, and at the same time provide the tenants with a copy of the
proposed agreement. Said notification must be by certified mail, return
receipt requested, certificate of mailing, in addition to physically
posting a copy of the notice on the community billboard within the
clubhouse of the community or by personal service. Said rent increase
shall be approved upon proof of agreement being accepted by 75% plus
one of the affected tenants.
D.
At the time the Board meets to consider the proposed agreement, the
Board may, at its sole discretion, take testimony concerning the proposed
agreement. The decision of whether or not to approve the proposed
agreement shall remain solely with the Board who shall also have the
authority to modify the agreement as it deems necessary.
There is hereby established the following fee/escrow for complaints
and applications to the Rent Control Board, which shall be payable
to the Township Clerk of the Township of Weymouth:
A.
Any landlord applying for an increase in rents shall pay a nonrefundable
fee of $500 per application. In addition, any landlord applying for
an increase in rents shall pay an escrow fee of $1,000 per application
to be held in escrow by the Treasurer of the Township of Weymouth
from which the Township's legal, professional, accounting and
administrative costs and expenses incurred as a result of the application
shall be paid. If the billings by the Township exceed the amount placed
in escrow, the landlord shall be responsible for the difference as
a condition of any decision rendered by the Township's Rent Control
Board. Any unused portion of the escrow fee shall be returned to the
landlord.
B.
Applicants shall pay directly to the court reporter requested to
attend that evening such costs and fees as are set by the court reporter's
office.
A.
Within 30 days from the date the completed application by the landlord
is received by the Secretary of the Rent Control Board, the Secretary
shall notify the landlord in writing of the time and place of a hearing.
The landlord shall immediately thereafter serve upon each affected
tenant personally or by certified mail, return receipt requested,
or certificate of mailing, in addition to physically posting a copy
of the notice on the community billboard within the clubhouse of the
community a notice on the time and place for the hearing. Prior to
the hearing, the landlord shall file with the Rent Control Board proof
of mailing or proof of service of said notice.
B.
After the Board makes a determination concerning the landlord's
application, the Board shall notify the landlord, in writing, of its
determination. The landlord shall be responsible for notifying the
affected tenants of the increased rents in the manner prescribed by
the laws of the State of New Jersey governing landlord-tenant relations.
Any provisions of a lease or other agreement whereby any provision
of this article is waived shall be deemed against public policy and
shall be void, provided that a landlord and tenant may contract to
fix rent increases at amounts less than those allowed by the provisions
of this article.
