[Adopted 4-2-2009 by Ord. No. 2009-7]
The following matters and things are hereby determined, declared
and recited:
A. A compelling situation exists within the Township of Marlboro with
respect to the rental of mobile home spaces and mobile homes in mobile
home communities by reason of the demands for increases in rent in
that such increases are causing severe hardships upon tenants in such
mobile home communities and are adversely affecting the health, safety
and general welfare of the citizens of the Township of Marlboro warranting
legislative action by the Township Council.
B. The number of mobile home communities and spaces permitted within
the Township has been limited by the Township Council so as to achieve
a balance in the types of housing permitted in the Township, and it
is desirable to maintain such balance, and the present situation cannot
be corrected by increasing the number of mobile home communities alone.
C. By reason of the necessity of licensing mobile home communities,
mobile home community operators enjoy an unintended monopoly which
may be abused by the charging of unregulated excessive rents.
D. Regulations of rent in mobile home communities will serve to prevent
abuses and at the same time ensure the benefits of balanced housing
and regulation achieved by licensing of mobile home communities and
limitation of their number.
E. The Township has the power to so regulate rents in mobile home communities
pursuant to the provisions of N.J.S.A. 40:52-1 et seq. bestowing general
power to regulate mobile home communities and the provisions of N.J.S.A.
40:48-2 bestowing power to enact ordinances for the preservation of
the public health, safety and welfare of the Township and its inhabitants,
pursuant to which grant of powers this article is enacted.
F. A policy of resolution of fair-rental-charge disputes by open communication,
discussion and negotiation between mobile home community operators
and their tenants is to be encouraged, in that it will serve to minimize
the governmental regulation and intrusion into the citizens'
private business and domestic affairs.
G. In a democratic society, it is a fundamental premise that the will
and wishes of the majority shall serve to bind all members of a group
with a community interest, be that group large or small.
As used in this article, the following terms shall have the
meanings indicated:
BASE RENT
The gross rent for the mobile home pad or lot in effect on the effective date of this article. Thereafter "base rent" shall equal this charge as is lawfully increased in conformance with the provisions of §
235-5 of this article. "Base rent" shall not include tax and cost pass-throughs pursuant to §
235-6, hardship rental increase applications pursuant to §
235-8 and capital improvements pursuant to §
235-7.
CONSUMER PRICE INDEX
The Consumer Price Index (CPI) (all items) for the New York
- Northwest New Jersey - U Region of the United States of which the
Township of Marlboro, Monmouth County, New Jersey, is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
INCREASE
Not only an increase in rent but any increase in or addition
to the rent or any other charges made by the landlord to the tenant
and shall include any diminution of services rendered as an incident
to the letting or occupancy from the effective date of this article.
INVESTMENT
Includes the amount of the original cash or equivalent consideration
paid upon acquisition, together with such other additional capital
contributed after the date of acquisition. "Investment" shall not
include the principal amount of any mortgage or mortgages.
LANDLORD
The mobile home community operator, owner, lessor, sublessor,
receiver, trustee, executor, assignee or other person, owner or other
person leasing a mobile home space to a tenant.
LEASE
Includes written or verbal leases, licenses or other arrangements,
agreement or understanding pursuant to which any person or persons
is permitted to occupy a mobile home space.
MOBILE HOME SPACE
Includes that portion of a trailer or mobile home park or
community with incidental services, or a mobile home situate in a
portion of a trailer or mobile home park or community, rented or offered
for rent, for the purpose of parking a trailer or mobile home thereon
or occupying a mobile home for living or dwelling purposes, to one
or more individuals or family units, together with all privileges,
services, equipment, facilities and improvements connected with the
use or occupancy of such space or mobile home.
REASONABLE AND NECESSARY OPERATING EXPENSES
Those expenses reasonably incurred by a landlord in the day-to-day
operation of a mobile home park or community. It shall not include
capital improvements, mortgage amortization or depreciation.
RENT
Includes any charge or charges made, fixed, demanded or charged
for the use or occupancy of a mobile home space, whether or not commonly
known as "rent."
The Affordable Housing Agency created by §
70-3 of the Code of the Township of Marlboro shall serve as the Rent Control Board.
This article, shall not be binding on mobile home communities
owned and operated as nonprofit corporations exempt from the Corporation
Business Tax Act where the mobile home community is owner-occupied.
This article being necessary for the welfare of the Township
of Marlboro and its inhabitants, shall be liberally construed to effectuate
the purposes thereof.
If any section, paragraph, subsection, clause or provision of
this article shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provisions so adjudicated, and the remainder of the article shall
be deemed valid and effective.
Any person found guilty of violating any provision of this article
or of willfully filing with the Rent Control Board any material misstatement
of fact shall be punished by a fine not exceeding $500 or by imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the court. A violation affecting two or more mobile
home spaces shall be considered a separate violation as to each mobile
home space.
The Rent Control Board shall charge the following filing fees
for rent increase applications:
A. Section
235-5, CPI rent increase: $250.
B. Section
235-6, tax pass-through increase: $250.
C. Section
235-7, capital improvement increase: $250.
D. Section
235-8, hardship rent increase: $250.
E. Section
235-11, vacancy decontrol increase: $50.
This article shall become effective immediately upon passage
and publication as required by law.
[Adopted 2-18-2010 by Ord. No. 2010-5]
As used in this article, the terms "mobile home" and "mobile home park" shall have the same meanings as provided in §
220-4 of the Code.
It is hereby made to be the duty of the attendant in charge
of the mobile home park, together with the park owner, to:
A. Keep all service buildings, office building(s), roadways, walkways
and common grounds of the park maintained in good repair, and free
of debris, weeds and brush (other than that necessary for required
buffer areas), snow, standing water, health and safety hazards and
obstructions and in a sightly condition.
B. Keep all water, sewer and electrical lines and their connections
and equipment in good and safe operable condition, as well as shield
them from the elements.
C. Notify residents in writing of any violations of unit owner responsibility
promptly upon receipt from any code enforcement official or agency.
D. Distribute or post, as required, all official notices or correspondences
received by the management pertaining to residents' responsibilities
or rights on a bulletin board outside of the office building, which
shall be convenient to all tenants.
E. Maintain the park in an orderly manner.
F. Maintain regular posted office hours, a responsible authorized agent
in charge and an emergency telephone number to be accessible to residents
after office hours.
G. Provide twice-a-week garbage removal.
All building, plumbing, electrical and other work on or at any
mobile home park licensed hereunder shall be in accordance with this
Code and Township ordinances regulating such work, unless they are
specifically made inapplicable under the terms of the article, and
shall be approved by the appropriate Township official with jurisdiction
over the work.
Any person aggrieved by a decision of the Rent Control Board
granting, denying, renewing or revoking a license of a mobile home
park under this article may file a written request for a hearing before
the Township Council within 10 days after the issuance of such decision.
The Township Council shall give notice of a public hearing upon this
request, to be held not more than 20 days after receipt of the request.
At such hearing, the Township Council shall determine whether the
action taken was in accordance with the provisions of this article,
and all persons interested shall be given an opportunity to be heard
concerning the same.
Licenses granted pursuant to the provisions of this article
shall be issued commencing in January 1994 and shall be effective
for a period of one year, expiring on December 31.
A person found guilty of violating any provisions of this article shall be punished as provided in §
4-3 of the Code, by appropriate proceedings in a Municipal Court in the Township. Every day such violation shall continue shall constitute a separate and distinct offense. In the event that any violation shall continue for a period of five days or more, appropriate injunctive relief may be sought in a court of competent jurisdiction restraining and enjoining such continued violation.