As used in this article, the following terms shall have the meanings indicated:
See definition of "manufactured home" in Chapter 140, Land Use and Development Regulations.
[HISTORY: Adopted by the Township Committee of the Township of Wall as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1978 as Secs. 8-1 and 8-2 of the Revised General Ordinances; amended in its entirety 12-22-2009]
No person shall operate or conduct a mobile home park within the territorial limits of the Township, except in conformity with this article and without first obtaining a license therefor, as hereinafter provided.
Any person desiring to obtain a license to operate or conduct a mobile home park shall make application therefor to the Township Clerk, which application shall be accompanied by a plan or map of the land and premises intended to be used as a mobile home, which such map shall set forth in detail the proposed trailer sites, the location and size of the utility building and the location and size of the septic tank or tanks.
The application shall also be accompanied by a fee of $750, which shall be the yearly fee commencing with January 1 of each year.
In addition to the license fee of $750 paid upon issuing of the license, the licensee shall pay the sum of $5 per month for each mobile home space occupied by any mobile home.
On or before the 10th day of January, April, July and October of each year, the licensee shall file with the Township Clerk, on a form furnished by the Clerk, a return under oath stating the number of mobile home spaces occupied by the mobile homes in his mobile home park during each of the preceding three calendar months, and state or territory which issued the license plates for each mobile home, and accompanying mobile home and the license number thereof, and the name and address of each mobile home owner. At the time of the filing of said return, the licensee shall pay to the Township Clerk $5 for each month for each mobile home space which is shown by the report or occupied by a mobile home.
If on January 10 of any year the return is not made for the preceding calendar months, which would be the last three months of the previous year, and the payment required thereunder is not paid, then failure to make the report or to pay such monies shall constitute a violation of the then existing license the same as though the license fee so required to be paid were a part of the year for which the license is issued.
The established fee paid for each mobile home space occupied for the time aforesaid shall be a part of the license fee to be paid by the licensee operating the mobile home park, and failure to make the return and failure to pay such additional part of the license fee shall constitute a violation of this article, and, in addition to the penalties imposed herein, the license may be revoked by the Mayor and Township Committee.
Upon receipt of the application, plan and license fee, the Clerk shall issue a license permitting the operation of a mobile home park on the premises shown on such plan, provided that same conforms to the provisions of this article.
All licenses issued pursuant to this article shall expire on December 31 succeeding its issuance.
The fee for transfer of mobile home park licenses shall be $25.
This article is not intended to nor shall apply to any trailer not used as a dwelling, sleeping place or living or business quarters.
It shall be the duty of the licensee to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:
The licensee shall keep the register available at the licensed premises for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of three years following the date of registration.
No person shall park any mobile home at any licensed mobile home park except on a mobile home site as shown upon the plan filed with the application, and no person who operates a mobile home park shall permit, suffer or allow to be parked at his mobile home park any mobile home except on a mobile home site as shown on the plan, and no person shall park any mobile home in the Township except upon premises which conform to the provisions of this article.
Each mobile home park shall be equipped with its own supply of running water, and, where the mobile home park is within an area of the Township in which water service is available, the same shall be connected to a public water main. If water for use of occupants of trailers is secured from a well, a water storage tank of at least 25 gallons capacity for each mobile home site, maintaining a pressure of at least 20 pounds for each outlet, shall be installed.
Each mobile home shall be required to connect to sewer service where available. Where sewer service is not available, each mobile home park shall be equipped with a septic tank having a capacity equal to 50 cubic feet per trailer site, which shall be maintained on the licensed premises and be constructed in conformity with the regulations of the Township Board of Health. This requirement shall be in addition to the septic tank required for public toilet and laundry facilities.
Each row of mobile homes shall be separated by a driveway having a width of 30 feet or more.
No license for a mobile home park shall be issued until such time as the Township Clerk receives a certification from the Tax Collector that all real property taxes and assessments pertaining to the property on which the mobile home park is located are current and that no such taxes or assessments are then due and owing.
A.
The mobile home park owner shall be responsible for clearing snow from all streets within 24 hours after the end of the snowstorm.
B.
In the event that it becomes necessary for the Township Committee to authorize the plowing of streets within a mobile home park, the same shall be done under the direction of the Department of Public Works, which will certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and to be collected and enforced by the same officers and in the same manner as taxes.
C.
A copy of a signed contract between the mobile home park owner and a firm with at least three years experience in snow removal shall be provided to the Township prior to the renewal of any annual mobile home park license. The term of the contract shall cover at least the license term and shall require snow removal within 24 hours of a storm's end when a snowfall of at least three inches occurs.
D.
In addition to the foregoing, any person convicted of violating this section shall be subject to a fine up to $1,000.
The mobile home park owner shall be responsible for maintaining all streets and roadways within the mobile home park.
The mobile home park owner shall be responsible for providing street lighting within the mobile home park during the period commencing 1/2 hour before sunset and ending 1/2 hour after sunrise. Illumination times shall be adjusted within one week of daylight saving time/standard time adjustment. Street lighting in new communities shall comply with all Township ordinances.
The mobile home park owner shall be responsible for all trees, plants, shrubbery or landscaping beyond a ten-foot perimeter of any individual mobile home except where the trees, plants, shrubbery and landscaping were added to the mobile home site by the individual mobile home residents. Mobile home owners shall care for and maintain landscaping within a ten-foot perimeter around his or her mobile home.
[Amended 11-22-2011 by Ord. No. 27-2011]
A.
The mobile home park owner shall be responsible for the installation and maintenance of water mains up to the individual water meter servicing each individual mobile home. The mobile home owner shall be responsible for maintenance of the water main from the water meter to the mobile home.
B.
The mobile home park owner shall be responsible for the installation and maintenance of electric service up to the point where the electrical service enters the individual mobile home. The mobile home owner shall be responsible for the maintenance, repair and replacement of the mobile home's electrical service from the service point of entry into the mobile home. The mobile home park owner shall be responsible for the maintenance, repair or replacement of the underground conduit and wiring servicing the mobile home park. This shall include the stabilization, backfilling and resurfacing of areas disturbed by said service repairs.
C.
The mobile home park owner shall be responsible for the installation and maintenance of sanitary sewer service up to six inches above finished grade servicing each individual mobile home. The mobile home owner shall be responsible for maintenance of the sanitary sewer service from that point to the mobile home connection.
[Adopted 11-8-1978 as Sec. 8-3 of the Revised General Ordinances; amended in its entirety 12-22-2009 by Ord. No. 34-2009]
This article shall be known and cited as the "Mobile Home Park Rent Stabilization Ordinance of the Township of Wall."
[Amended 12-3-2025 by Ord. No. 27-2025]
The following definitions shall apply to this article:
Fit for habitation as defined by the Code, ordinances and regulations in the Township of Wall and occupied or unoccupied and offered for rent.
Consumer price index, published periodically by the Bureau of Labor Statistics, United States Department of Labor.
The mobile home park operator, owner or other person leasing a mobile home space or mobile home to a tenant.
Includes any lot or parcel of land and premises where the owner, lessee, or other person having control thereof shall offer sites for trailer or mobile homes or similar-type vehicles on a rental or lease or other basis.
Includes that portion of a mobile home park rented, or offered for rent, for the purpose of parking or positioning a trailer or mobile home for living and dwelling purposes, to one or more individuals or family units together with all the privileges, services, equipment, facilities and improvements connected with the use or occupancy of such portion of the property. Mobile home spaces which are newly constructed and rented for the first time are exempted from the provisions of this article, and the initial rent therefor may be determined by the owner. All subsequent rents will be subject to the provisions of this article. Any mobile home space occupied by a tenant who is an employee of the landlord and the rental of which unit is customarily restricted to employees of the landlord is exempted from the provisions of this article. Where a mobile home space has been vacant for a period in excess of 12 months, the rent therefor may be determined by the landlord, and all subsequent rents will be subjected to the provisions of this article.
Any natural person, or any partnership, limited partnership, joint venture, association or corporation or other entity.
When used as a noun herein, shall mean the amount of valuable consideration payable by the tenant to the landlord for the use or occupancy of a mobile home space or mobile home, whether or not commonly known as rent, but does not include those several items set forth more particularly in the definition of "rental income" hereof.
The payable rent charged and received for the mobile home space or mobile home over the previous 12-month period exclusive of any of the following: all real property taxes, space fees or license fee charged by the Township of Wall pursuant to any duly adopted ordinance of the Township of Wall and any cost of utilities (but only if the same are provided by the landlord, and then only in an amount equal to the minimum charge(s) for such service) and all increases for major capital improvements then being paid by the tenant affected.
The rate charged for the sewerage or water service.
[Amended 12-3-2025 by Ord. No. 27-2025]
A.
Establishment of rents between a landlord and a tenant to whom this article is applicable shall hereafter be determined by the following provisions: At the expiration of the tenancy for a mobile home space or mobile home, no landlord may request or receive any increase in the rental income and additional charges for that mobile home space or mobile home from any continuing tenant, which is greater than a combination of the following:
(1)
Any increased cost to the landlord for utilities;
(2)
Any increased cost to the landlord in mobile home space fees or license fee (prorated among all of the tenants residing in the mobile home park concerned) charged by the Township of Wall pursuant to any duly adopted ordinance; and
(3)
Any amount equal to 5% of the previous 12-month rental income for the mobile home space or mobile home, or the percentage increase in the annual average for All Urban Consumers (CPI-U) in the New York/New Jersey/Connecticut Pennsylvania region for the year ending December prior to the date of the application for rent increase, whichever amount shall be less. Any continuing tenant at the termination of a tenancy shall not suffer or be caused to pay any rent increase for the mobile home space or mobile home in any 12-month period which exceeds the above permitted increase.
B.
This section does not apply to new tenants entering the park for the first time. Rental rates for new tenants will be established and noted in the annual application for rent increase. Those new rental rates to be applied to a new tenant will be the rental rates used by the landlord until the next application filed with the Rent Board. Notwithstanding any other provisions of this article, when a mobile home space or mobile home unit rented and occupied subject to the provisions of this article is voluntarily vacated by a tenant or is involuntarily vacated pursuant to an eviction order entered by a court of competent jurisdiction, the landlord may charge as the initial rent paid by a new tenant an amount not to exceed the total of the rent paid by the tenant who vacated the space or unit plus an amount not to exceed the percentage increase in the annual average for All Urban Consumers (CPI-U) in the New York/New Jersey/Connecticut Pennsylvania region for the year ending December prior to the date that the tenant is to take possession of the mobile home or mobile home space, or 5% of the base rent charged the previous tenant who has vacated. No hearing for this rental adjustment shall be required to be held by the Rent Control Board prior to its taking effect, but written notice of this adjustment shall be filed with the Board within 15 days of occupancy by the new tenant. The notice shall set forth the name and address of the new tenant, the rent charged to the previous tenant and the initial rent to be paid by the new tenant. After the initial rent for a new tenant is established in accordance with the provisions of this subsection, all further rental increases or adjustments for this tenant shall be subject to the provisions of this article. There shall be only one such adjustment in rent pursuant to the provisions of this subsection in any 12-month period.
C.
Replacement of an existing mobile home unit by the existing homeowner will not cause the rent to increase. The size, type and style of the mobile home unit must be approved by the landlord. N.J.S.A. 46:8C-2 precludes the landlord from requiring the use of any one particular manufacturer.
D.
No landlord may request or receive of the tenants any increase in rental income or additional charges except as provided by this section until such time as the landlord shall have obtained approval in writing from the Rent Control Board, as hereinafter established, for said increase. Furthermore, there shall be only one increase granted per landlord per mobile home park every two calendar years for any of the increases permitted by this section.
[Amended 12-3-2025 by Ord. No. 27-2025]
A.
Rent increases, as authorized by this article, may be allowed only if the owner and mobile home park are in full-compliance with the Code of the Township of Wall pertaining to mobile home and trailer parks and other Township ordinances and all state laws and regulations pertaining to tenants' rights. As part of his application for any increase, the landlord shall submit to the Board written certification that he complies with the terms and provisions of the aforementioned Township ordinances and all state laws and regulations.
B.
Provide to the Board:
(1)
Name, address and telephone number of landlord and of his legal counsel, if any.
(2)
Name, address and telephone number of managing agent and superintendent.
(3)
Address of mobile home or trailer units and tenants affected.
(4)
Base 12-month rental figure with reference to which increase shall be computed.
(5)
Calculations of the increases in rent expressed both in terms of dollars and cents and in terms of percentage increase.
(6)
Evidence sufficient to prove the increase of any costs.
(7)
A certification that a copy of the aforesaid notice has been served upon each tenant named in said notice along with a statement that the tenant may make application to the Board to review the proposed rental increase. At the same time that the Board is thus notified, a copy of said notice shall be mailed by the landlord by certified mail, return receipt requested, to any tenant who may be affected by the increase applied for. Adequate proof of said service, which shall be in affidavit form, shall be filed by the landlord with the Secretary for the Board.
(8)
A certification that the owner, the mobile home, and the mobile home park is in full compliance with the Code of the Township of Wall pertaining to mobile home and trailer parks and other Township ordinances and all state laws and regulations pertaining to tenants' rights.
C.
If a major capital improvement surcharge is currently charged against a mobile home or mobile home space that is affected by a rent increase application, the owner must submit the following to the Board as part of its application:
(1)
A certification specifying each major capital improvements on the space, the date in which each major capital improvement began, and how long the surcharge is to be paid by the tenants; and
(2)
All documentation sufficient to evidence, in the sole discretion of the Board, the information set forth in the certification mentioned in § 150-30C(1) above.
D.
In order to provide the Board with sufficient time to review the required financial data and schedule a hearing, it is required that an applicant submit an application for a rental increase under this section at least 90 days prior to the effective date of the proposed rental increase.
E.
The landlord shall indicate and certify with each application for rent increase the monthly rent to be charged to any new tenant for the next year. The Board shall review the application for rent increase for the rent to be charged to the new tenant and approve or adjust the rate of that rent. This applies only to new tenants and existing units for their first 12 months of occupancy. Notwithstanding anything to the contrary contained herein, a park operator or owner shall, on or before January 31 of each year, provide to the Board written notice of the amount charged during the preceding 12-month period to any new tenants that occupy a mobile home or mobile home space in that park. This provision is intended to provide notice to the Board of new rentals and the rents established for those new occupants.
F.
A tenant may be notified by other then certified mail, only if the landlord or his representative shall serve the tenant personally with the notice provided for herein, and certify by affidavit the fact of such service and retain such affidavit in his records to be produced upon request of the Board. Upon receipt of said notice and where the increase sought is based upon either § 153-29A(1) or (3), or both as contained hereinbefore in § 153-29, the Board shall schedule a hearing on said increase, and the landlord shall post in a conspicuous place in or about the mobile home or trailer park a notice of said hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon only provision § 153-29A(2) herein, no hearing shall be scheduled and the increase shall become effective on the date specified in said notice if all other applicable provisions of this article are complied with.
G.
In order for a landlord to qualify for the vacancy decontrol rent increase which is permitted under § 153-29B herein, the landlord shall first be required to file with the Board a written statement signed by the vacating tenant together with an affidavit signed by the landlord certifying to the Board that the landlord has not in any way harassed or pressured the tenant into vacating the mobile home space or mobile home, and that the vacation of such mobile home or mobile home space was a voluntary act of the tenant. For the purposes of this article, a vacation caused or necessitated by substandard, unsafe or unsanitary conditions on the rental premises shall not be deemed a voluntary vacation. Such noncoercion certification signed by the tenant shall not be required in order for a landlord to qualify for the vacancy decontrol rent increase if:
(1)
The increase to an incoming tenant does not exceed the total of all permissible increases authorized by any other provision of this article; or
(2)
The landlord files an affidavit with the Board certifying that the tenant has moved from the unit without notification to the landlord, and the landlord has made a good faith effort to obtain a noncoercion certification from the tenant; or
(3)
The landlord files an affidavit that the tenant has vacated the unit pursuant to a judicially mandated eviction; or
(4)
The tenant has refused to sign said certification and, upon appeal by the landlord, the Board has found that such refusal was unwarranted and that there was, in fact, no coercion exerted upon the tenant. A hearing pursuant to this subsection shall be held before the Board upon the landlord giving at least 15 days' notice to the vacating tenant by either personal service or by certified mail.
H.
Should the Board determine, on the basis of a complaint or information it has received, and following an investigation or review, that there is probable cause to conclude that a vacancy resulting in a rental adjustment or adjustments was obtained on the basis of coercion or other misconduct by the landlord, the Board shall schedule a hearing on 15 days' written notice to the landlord, in order to consider whether the adjustment or adjustments should be rolled back as the evidence, including sworn testimony, shall warrant. If the Board concludes that the vacancy has resulted from the misconduct of the landlord, the Board shall void all adjustments and rental charges made under the provisions of this section retroactive to the date they were imposed.
I.
Where the mobile home park or the operator of the mobile home park fails to substantially comply with this article, any tenant may apply to the Board for a reasonable reduction in rent, commensurate with any such noncompliance by the landlord, whereupon the Board shall duly notify the landlord and schedule the matter for a public hearing and, the landlord shall effect service of notice of said meeting in accordance with the provisions of the preceding subsection. If, as a result of such a hearing, a reasonable reduction in rent is granted, it shall remain in effect until the landlord proves that the noncompliance determined by the Board to exist has been corrected. If the Board determines that the noncompliance affects a majority of the home sites, the rent reduction may be extended to include all of the tenants in the mobile home park.
Any rental income or additional charge increase at a time other than at the expiration of a tenancy or termination of a periodic tenancy shall be void, except where approved by the Board in accordance with the provisions of this article. Any rental income or additional charge increase in excess of that authorized by the provisions of this article shall be void. Periodic tenancy, for the purposes of this section, shall mean a tenancy that continues from month to month or other recurring period until terminated by landlord or tenant as provided by law.
A tenant shall be entitled to a rent reduction from a landlord because of a decrease in real property taxes or utilities or any decrease in the trailer fees or license fees charged by the Township of Wall. The reduction shall not exceed that amount authorized by the following provisions:
A.
Where the decrease consists of a decrease in the municipal property tax due to aid received from the state aid for schools fund and where said decrease is subject to the provisions of Chapter 63, P.L. 1976 (N.J.S.A. 54:4-6.2 et seq.), as may be amended from time to time, the landlord shall make such rebate and upon such terms as Chapter 63, P.L. 1976, provides.
B.
Where the decrease consists of a decrease in the real property taxes other than that decrease provided for in Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of occupied mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing from July 1 of each year. Any tenant entitled to a rent decrease hereunder shall be notified by the landlord by certified mail of the calculations involved in computing such reduction and the effective date of such reduction.
C.
Where the decrease consists of a decrease in utilities, trailer fees or license fees, the landlord shall divide the decrease in the present utilities, trailer fees or license fees over the utilities, trailer or license fees of the previous year by the total number of occupied mobile home spaces in the mobile home park to obtain the decrease per space. The decrease each tenant is entitled to shall be a credit to rent on 12 monthly installments commencing from the effective date of said reduction. Any tenant entitled to a rent decrease hereunder shall be notified by the landlord by certified mail of the calculations involved in computing such reduction and the effective date of such reduction.
A landlord shall be entitled to a rent surcharge for any increase in real property taxes. Any landlord seeking a surcharge for real property taxes shall notify the tenants by certified mail 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 tax over the tax for the previous year divided by the total number of occupied mobile home spaces in the mobile home park. The tax surcharge each tenant is liable for shall be paid in 12 monthly installments commencing July 1 of each year.
A.
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 25% of said 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 evenly between the tenants and the landlord.
B.
Any such successful landlord shall notify the tenants by certified mail 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 .25 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.
[Amended 12-3-2025 by Ord. No. 27-2025]
A.
Hardship.
(1)
A landlord who finds that present rental income and additional charges from the mobile home park on which he seeks relief hereunder are insufficient to cover the cost of payments on a first mortgage and any subsequent mortgages directly used to improve and upgrade the mobile home park and/or payments for maintenance and/or all operating costs and/or provide said landlord with a just and reasonable return on his investment, may apply to the Board for an increase in rental income. Said application shall separately set forth the amount of mortgage payments, taxes, insurance, routine maintenance costs, other fixed expenses associated with the operations of the mobile home park, the rent being charged for each mobile home space or mobile home located in the park, the deficiency allocable to each mobile home space or mobile home, a factual computation of the just and reasonable return desired by the landlord, together with such other information as the landlord believes will support his application. Upon application duly made pursuant to the requirements of this article and a hearing, the Board may grant a park owner a rental increase upon his showing that his reasonable operating expenses for his last full fiscal year exceeded 60% of his gross maximized annual income (60/40 rule). If the Board is satisfied that such a showing has been established, then the Board may grant a rental increase sufficient to restore reasonable and necessary operating expenses to 60% of the gross maximized annual income.
(2)
Prior to any such application to the Board, a landlord must post in a conspicuous place in and about the mobile home park a notice of said application setting forth the basis for said application; each tenant to be affected must, at the same time, receive a copy of the application by certified mail or by personal service. The landlord must thereafter notify each affected tenant of the appeal hearing date by certified mail or by personal service and in addition thereto, post a notice in a conspicuous place at the mobile home park for at least five days prior to the application hearing date.
B.
Major capital improvements. A landlord may seek an additional charge for major capital improvements. Capital improvements shall be an item considered as such under federal Internal Revenue code enactments and regulations. Prior to filing an application with the Board, the landlord must notify by certified mail or by personal service each tenant residing in the mobile home park affected of the total cost of the completed capital improvement, 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, including debt service, of the improvement (calculated by dividing the cost of the major improvement by the total number of mobile home spaces in the mobile home park), and the capital improvement surcharge he is seeking from each tenant. The landlord seeking a capital improvement surcharge shall apply to the Board for said surcharge. In order to provide the Board with sufficient time to review the required financial data and schedule a hearing, an applicant must file an application for additional rental charges under this section at least 90 days prior to the effective date of the proposed additional rental charges. The Board shall determine, after the landlord has provided notice to the affected tenants by certified mail or by personal service of said hearing at least five days prior thereto, if said improvement is a major capital improvement. If the Board determines that said improvement is a major capital improvement, the Board shall permit such increase to take place and indicate any conditions to be attached thereto. In any event, no increase granted by authority of this subsection shall exceed 15% of the annual rental income paid by each tenant, unless said increase or capital improvement is mandated by law. Additionally, where a proposed major capital improvement exceeds $50,000 in cost and said capital improvement is not required by any law, ordinance or regulation, the tenants of the mobile home park in which the proposed major capital improvement is to take place may disapprove the making of such capital improvement by a simple majority of those tenants who actually vote on such proposal on the basis of one vote per occupied mobile home, all tenants having been given an opportunity to vote thereon. Any tenant of a mobile home park may determine to pay the capital improvement surcharge in one lump sum, provided that the landlord agrees to waive recovery of all financing charges associated with the capital improvement surcharge on such tenant's rental space. For purposes of this subsection, the pumping of a septic tank or the performance of any maintenance function with respect to a septic tank, or the topping or trimming of trees shall not be considered a major capital improvement. However, on notice to all affected tenants and after a public hearing, the Board may approve a surcharge for the cost of pumping of a septic system servicing a mobile home park upon all affected tenants of that park; provided, however, that evidence is furnished to the Board's satisfaction that the septic system has been inspected and approved for continued use by the Monmouth County Board of Health, said inspection to be completed within 60 days of the date of pumping of the septic tank affected.
C.
D.
The financial statements, data and information which are required to be submitted shall be based upon financial data and information which is sworn to and verified by the park owner who has actual knowledge of the income, expenses and operations of the park, and in the case of applications under § 153-35A, said financial statements shall be prepared, itemized and signed by a certified public accountant licensed by the State of New Jersey, Division of Consumer Affairs. Each financial statement, or other financial data, shall be accompanied by a written statement executed by the certified or licensed public accountant indicating that he or she has examined and reviewed the financial data and information, that they are true, accurate and correct, and that they reflect the actual financial condition of the park for the period shown. Any person who willfully and intentionally submits or supplies false figures, makes gross misrepresentations or misstates such factual acts or material required by this article to obtain any rental increase whatsoever shall be considered acting to defraud such tenants.
E.
Recycling costs. A landlord may seek an additional charge for the cost of recycling. Recycling costs shall mean an additional charge that the landlord must pay beside the current charge for trash disposal, less any credit or refund for recycling such materials. Any application for an increase under this section must comply with Subsection A of this section.
F.
In any application or applications, or any portion or portions thereof, for a rent increase under § 153-35A and B, the Board shall consider the economic and financial hardship imposed on the tenant or tenants to which such increase or increases shall apply. The Board may order that the rent increase or increases be denied, in whole or in part, modified or implemented on a scheduled or staggered basis as the Board shall determine. This section may only be implemented upon the claim of a tenant or tenants to be affected by the rent increase application or applications that they will suffer unreasonably severe financial or economic hardship if the application or applications are granted, in whole or in part, and the burden of proof in establishing any unreasonably severe financial or economic hardship shall be on the tenant or tenants making such claim or claims. Nothing contained in this section shall be deemed to permit or require the denial of a just and reasonable rate of return under § 153-35A as determined by the Board.
A.
Board created. There is hereby created a Mobile Home Rent Stabilization and Control Board within the Township of Wall. The Board shall consist of five regular members all of whom shall be residents of the Township of Wall. All members shall be appointed by the Township Committee and shall serve, commencing with their initial appointment, terms of one year, two years, three years, four years, and five years, respectively, and thereafter terms of five years or until prior expiration of this article, whichever event shall first occur. Each of the said terms shall be deemed to commence on the first day of January of the year of their respective appointments. There shall be two alternates appointed annually by the Township Committee to serve in the absence or disqualification of a regular member of the Board. Vacancies shall be filled for the balance of the unexpired term. Members shall not hold any other elective office or position in the Township. The members of the Board shall serve without compensation but shall be reimbursed for reasonable and necessary expenses. The Board shall have available to it such clerical assistance and legal counsel as is budgeted annually by the Township Committee. No member shall vote upon or enter into discussions as to any matter in which he or she has a direct or indirect interest, financial or otherwise.
B.
A member of the Board may be removed for cause, upon written charges brought before the Township Committee and served upon said member and only after a public hearing has been held and the member concerned afforded an opportunity to be heard.
C.
Powers and duties. The Mobile Home Rent Stabilization and Control Board is hereby granted and shall have the exercise, in addition to other powers herein granted, of all powers necessary and appropriate to carry out and execute the purposes of this article, including but not limited to the following:
(1)
To elect a Chairman, a Vice Chairman and a Secretary.
(2)
To adopt such rules and regulations, including bylaws, as it deems necessary for its own government not inconsistent with this article or with law.
(3)
To issue and adopt such rules and regulations as it deems necessary to implement the specific provisions of this article, said rules and regulations to become effective only upon formal approval by resolution of the Township Committee.
(4)
To supply information and assistance to landlords and tenants for the purpose of assisting them in complying with the provisions of this article.
(5)
To hold hearings and adjudicate applications from landlords for additional rental income or charges as hereinbefore provided.
(6)
To hold hearings and adjudicate applications from tenants for reduced rental income or charges as herein provided.
(7)
To administer oaths, examine witnesses and by subpoena compel the attendance and the testimony of witnesses and the production of books, papers, documents or tangible things, pursuant to the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.).
D.
Said Board shall give both the landlord and tenant reasonable opportunity to be heard before making any determination and shall base its determination on the reasonable, credible evidence before it, although the strict rules of evidence shall not apply. Any decision or order made by the Board shall be in the form of a resolution, shall be in writing and shall state the reasons underlying the decision or order.
E.
The Board shall maintain minutes of its hearings and/or meetings.
A.
Both a landlord and tenant may appeal in writing, the decision or findings of the Board to a court of competent jurisdiction within the time provided by court rule for the taking of such appeals.
B.
Any tenant may appeal to the Board any calculation made by the landlord, or failure to make a calculation, pursuant to the provisions of this article.
A.
During the term of this article, the landlord shall maintain the same standards of service, maintenance, and equipment in the mobile home park or mobile home spaces as he provided or was required to do by law or lease, written or oral, as of the date the tenancy was entered into.
B.
Where the landlord fails to maintain such standards any tenant may appeal to the Board for a reasonable reduction in rent, commensurate with such failure by the landlord, whereupon the Board shall duly notify the landlord and schedule the matter for a hearing. If, as a result of such a hearing, a reasonable reduction in rent is granted, it shall remain in effect until the landlord proves the standards are being maintained.
No arrangement between a landlord and a tenant purporting to waive any provision of this article shall be of any force and effect and all such arrangements are hereby declared to be against public policy and are void ab initio.
A willful violation of any provision of this article or of any final decision or order to the Board shall be punishable by a penalty as set forth in Chapter 1, Article I. A violation affecting more than one mobile home space shall be considered a separate violation as to each such mobile home space.
This article shall remain in full force and effect until such time as an amendment providing for its repeal is introduced and adopted by the Township Committee.
No application for a rent increase shall be granted by the Mobile Home Rent Stabilization and Control Board until such time as the Board is in receipt of a certification from the Tax Collector that all real property taxes and assessments pertaining to the property on which the trailer park is located are current and that no such taxes or assessments are then due and owing.
Any part of this article found by any court to be in violation of any set standard or law shall not affect the use and enforcement of the balance of this article.