[Adopted 11-15-1983 by Ord. No. 83-42]
The following terms, whenever used or referred to in this article, shall have the following respective meanings for the purposes of this article unless a different meaning clearly appears from the context:
ADMINISTRATIVE HEARING OFFICER
The officer or employee designated by the City Manager to conduct hearings and render decisions relating to this article and with respect to the provisions of the Senior Citizens and Disabled Protected Tenancy Act. Any and all references to "Administrative Hearing Officer" contained in this article shall be deemed to refer to the Administrative Hearing Officer.
[Added 12-3-1996 by Ord. No. 96-42[1]]
BASE RENT
Includes the following:
[Amended 11-17-1992 by Ord. No. 92-31]
A. 
For rental units existing prior to July 1, 1983, the rent for a rental unit immediately prior to July 1983, not in excess of the maximum permitted pursuant to applicable ordinances in effect prior to that date; including the amount of any tax rate adjustment levied upon said rental unit in accordance with such preexisting ordinances, by excluding any additional charges for capital improvements, together with any permissible increase to the base rent hereinafter levied pursuant to this article.
B. 
For new rental units first occupied on or after July 1, 1983, the rent as initially established by the landlord upon such initial occupancy, together with any permissible increases to the base rent hereinafter levied pursuant to this article.
C. 
For rental units which have been withdrawn from the rental housing market upon written notice thereof to the Administrative Hearing Officer, and which have not been rented for a period of at least one year following the date of receipt of the notice of such withdrawal, except for rental units which had been vacated after notice has been given that the owner seeks to permanently board up or demolish the premises or seeks to retire permanently the premises from residential use pursuant to Subsection g(1) or h of Section 2 of Public Law 1974, c. 49 (N.J.S.A. 2A:18-61.1), the rent as initially established by the landlord upon such reoccupancy following the aforesaid withdrawal, from the rental housing market and expiration of the required time period, together with any permissible increases to the base rent hereinafter levied pursuant to this article; provided, however, that the establishment of a base rent under this subsection shall require prior Administrative Hearing Officer approval as to eligibility under the provisions hereof. The notice of withdrawal from the rental housing market shall set forth the name of the landlord or owner, the addresses of the units so withdrawn, and the reasons for such withdrawal. For the purposes of this subsection, the intentional failure to offer a rental unit for rent pending a conversion to condominium or cooperative ownership or for the purpose of increasing the base rent shall not constitute a valid withdrawal from the rental housing market. Where the reason for withdrawal is the personal occupancy by the owner or contract purchaser thereof, the owner or contract purchaser must have personally occupied the rental unit for at least one year in order to be eligible for an adjustment in the base rent pursuant to this subsection.
CONDOMINIUM
The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements, together with an undivided interest in common elements appurtenant to each such unit.
COOPERATIVE
A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association, or to lease or purchase a dwelling constructed or to be constructed by said corporation or association.
LANDLORD
Includes the holder or holders of the title in fee simple of rental units, and individuals, firms and corporations having the right to lease rental units without the consent of the holder of the fee title.
RENT
Any and all monies paid by a tenant of a rental unit to the landlord of such rental unit with respect to the occupancy of and services connected with such rental unit.
RENTAL UNIT
Includes all or any portion of a building or structure rented or offered for rent by individual lease or sublease, for residential occupancy to one or more persons whether for a stated term or period and whether pursuant to a written or oral lease or sublease, including rooming houses, apartment buildings, townhouses, one-or-more-family homes, condominiums and cooperatives. The term rental unit shall also include any garage space, assigned parking space, or assigned storage area used in connection with such residential occupancy. The term "rental unit" shall not, however, mean or include:
[Amended 10-15-1985 by Ord. No. 85-45]
A. 
Any rental or leased space in any hotel, motel or established guesthouse; or
B. 
Except in the case of condominiums and cooperatives, any single rental unit which is the only rental unit owned by the owner thereof in the City of Englewood. The owner of a rental unit held in the name of a corporation shall include any person or persons owning or having control over any shares of said corporation.
[1]
Editor's Note: This ordinance repealed d the definition of "Board" (Rent Board) in this section. References to "Board" or "Rent Board" in this article have been changed to the Administrative Hearing Officer.
A. 
No landlord shall increase the rent of any rental unit in excess of the increases permitted pursuant to this article.
B. 
The base rent of a rental unit, irrespective of the number of different tenants occupying said rental unit, may not be increased more than once in any twelve-month period; provided, however, that in computing such twelve-month period, any month during which there was an outstanding notice of violation respecting the premises containing the rental unit, as set forth in § 325-53 hereof, shall not be counted.
C. 
The base rent shall not be increased by a percentage of the base rent greater than 4% for each twelve-month period since the last rental increase; provided, however, that in computing each such twelve-month period since the last rental increase, any month during which there was an outstanding notice of violation respecting the premises containing the rental unit, as set forth in § 325-53 hereof, shall not be counted.
D. 
Increases to the base rent shall be added to the previous base rent in arriving at a new base rent for a rental unit.
E. 
Notwithstanding anything to the contrary set forth in this section, upon the vacation of a rental unit by the tenant thereof, not the result of any unlawful coercion or harassment, the base rent for such rental unit may be equalized by increasing said base rent up to but not in excess of the highest base rent charged for a rental unit within the same premises having the same or fewer number of rooms; provided, however, that no such increase shall be permitted unless the landlord shall file with the Administrative Hearing Officer and serve upon the new tenants a certification or affidavit setting forth the following: [In determining the highest base rent charged for a rental unit within the same premises having the same or fewer number of rooms, no unit whose base rent had been increased pursuant to the provisions of § 325-49, the definition of "base rent," Subsection C, shall be considered.]
[Amended 11-17-1992 by Ord. No. 92-31]
(1) 
The names and forwarding addresses, if known, of the prior tenants;
(2) 
The apartment number, number of rooms and prior base rent of the rental unit;
(3) 
The apartment number, number of rooms and current base rent of the rental unit having the highest base rent for the same or fewer number of rooms;
(4) 
The circumstances under which the prior tenants vacated said rental unit; and
(5) 
A statement that said vacation was not the result of any unlawful coercion or harassment against prior tenants by the landlord, his agents, employees, servants or representatives.
F. 
Notwithstanding anything to the contrary set forth in this section, the limitations upon increases to the base rent with respect to any rental unit within a condominium or a cooperative which is the only rental unit owned by the owner thereof in the City of Englewood shall only apply to the tenant or tenants who receive or are entitled to receive notice pursuant to the provisions of N.J.S.A. 2A:18-61.2g and to those tenants entitled to protected tenancy status pursuant to N.J.S.A. 2A:18-61.22 et seq. for so long as such tenants remain in occupancy of said rental unit.
[Amended 7-17-1984 by Ord. No. 84-24]
G. 
No landlord shall increase or add or apportion to the rent of any rental unit any amount attributable in whole or in part to any fuel, water, gas or electric, or other utility charge respecting such rental unit.
(1) 
Notwithstanding the foregoing, a landlord may require as a term and condition for the rental of a rental unit that the tenant be responsible for the payment of utility charges directly to the supplier of such utility services, provided that the rental unit is individually metered for such utility charges and that the utility services for which such charges are made are under the exclusive use and control of the tenant of such rental unit.
(2) 
Where a landlord has supplied utilities to a tenant of a rental unit and seeks to convert the rental unit in such a manner so as to have all or a portion of the utilities charged directly to the tenant as set forth above, the Administrative Hearing Officer shall adjust the base rent of the rental unit to reflect the decrease in service or the increase in cost to the tenant of such rental unit by reason of such conversion.
H. 
Notwithstanding anything to the contrary set forth in this section, a landlord may charge and collect rent for a rental unit in excess of the base rent established hereunder subject to the following limitations and restrictions:
[Added 11-17-1987 by Ord. No. 87-49]
(1) 
The landlord must participate in a governmentally approved and regulated housing program in which landlord makes available rental units within said premises to tenants who are eligible and entitled to receive Section 8 rental assistance or other similar publicly assisted rent supplements.
(2) 
The tenant occupying the rental unit must be eligible and entitled to receive Section 8 rental assistance or other publicly assisted rent supplements.
(3) 
The rent charged or collected for the rental unit shall not exceed the fair market rental established for such rental unit pursuant to regulations promulgated by the United States Department of Housing and Urban Development.
(4) 
The rent charged or collected for the rental unit, after deducting therefrom the amount of rental assistance payments to which the tenant thereof is entitled to receive, shall not exceed the base rent established for said rental unit pursuant to the provisions of this article.
(5) 
The within exception to the prohibition to charge and collect rent in excess of the rent established by this article shall not extend beyond the date upon which the rental unit is no longer occupied by a tenant eligible and entitled to receive Section 8 rental assistance or other publicly assisted rent supplements.
(6) 
The landlord must file and serve an explanation of rent increase form which, in addition to the information otherwise required in this article, must set forth the maximum base rent calculated pursuant to this article, the fair market value permitted by HUD and the amount of rental assistance provided to the tenant thereof and shall have attached thereto a statement signed by the Englewood Housing Authority certifying that the tenant of such rental unit is eligible to receive rental assistance, the amount of the rental assistance and the rent calculated by HUD.
I. 
Notwithstanding anything to the contrary set forth in this section, the landlord may charge and collect rent for a rental unit in excess of the base rent established hereunder subject to the following limitations and restrictions:
[Added 12-17-2002 by Ord. No. 02-26]
(1) 
The landlord must have constructed the rental units pursuant to a redevelopment plan adopted by the City of Englewood and in accordance with a redevelopment agreement by and between the City of Englewood and the landlord.
(2) 
The redevelopment agreement must have designated the redevelopment project as a municipal project pursuant to the provisions of Article XIX, Municipal Projects, of Chapter 250, Land Use, of the Code of the City of Englewood.
(3) 
The redevelopment agreement must specifically be conditioned upon the exemption of the residential portion of the redevelopment project from the provisions of this article.
A. 
In addition to the rental increases permitted pursuant to § 325-50, a landlord may charge an increase for capital improvements made by him in the rental unit or attributed to the rental unit pursuant to the provisions of this section. No charge for capital improvements in rental shall be permitted for any improvements commenced or completed prior to an adjustment in the base rent of the rental unit pursuant to Subsection C of the definition of "base rent" in § 325-49 hereof, and any charge for capital improvements previously approved for such rental unit shall terminate immediately upon an adjustment in the base rent of such rental unit pursuant to Subsection C of the definition of "base rent" in § 325-49.
[Added 11-17-1992 by Ord. No. 92-31]
B. 
For the purpose of this section, and as further limited and defined by Subsections C, D and E hereof, "capital improvements" shall mean improvements which permanently enhance the rental value of the rental unit by way of substantial additions to or changes in the existing building, and which are not repairs which merely maintain the building in an efficient operating condition nor replacements of fixtures, major appliances and other items which do not appreciably prolong the life or improve the condition of the building.
C. 
By way of further definition and limitation of the term "capital improvements" as used in this section, the term "capital improvements" shall include, but shall not be limited to the following articles and improvements provided by the landlord:
(1) 
Improvement of existing plumbing by installation of new pipes or other facilities which substantially improve the capacity or performance of the plumbing system.
(2) 
Improvement of existing heating system by installation of a new boiler or furnace or other equipment which substantially increases the heating capacity available to tenants.
(3) 
Improvement of hot water system to provide substantial increase of hot water supply to tenants.
(4) 
Installation of central heat or hot water system where none previously existed.
(5) 
Installation of screens and/or storm windows where none previously existed.
(6) 
The following optional improvements, if, but only if, the furnishing or installation of same is approved by more than 1/2 of the tenants occupying the building, such approvals to be obtained in writing and filed with the Administrative Hearing Officer before the installation of the improvements:
(a) 
Central air conditioning.
(b) 
Bell, buzzer or intercom system or closed circuit television security system.
(7) 
The following articles or improvements installed within a particular apartment, provided that the approval of the occupant of the apartment is first obtained, which approval shall be in writing and shall be filed with the Administrative Hearing Officer before the improvement is installed:
(a) 
Window or wall air-conditioning unit.
(b) 
Dishwasher.
(c) 
Kitchen or bathroom modernization including installation of cabinets or vanity.
(d) 
Clothes closets.
D. 
Replacement of an appliance (including refrigerator or stove) shall not be considered a capital improvement; provided, however, that if a landlord offers to a tenant a replacement appliance substantially equivalent to the existing appliance, but the tenant requests replacement with a substantially improved appliance, the cost of such improved appliance may be treated as a capital improvement.
E. 
The term "capital improvements" as used herein shall not be deemed to include any of the following:
(1) 
Roof replacement.
(2) 
Painting, whether interior or exterior.
F. 
The amount of the monthly increase which a landlord may charge for a capital improvement shall be determined as follows:
(1) 
The total amount of the cost of the capital improvement as permitted by this section shall be divided by the depreciation period allowed by the Internal Revenue Service for said capital improvement, provided that such period shall not be less than one year.
(2) 
The annual amount so obtained shall be divided by the total number of full rooms of the rental units affected by the capital improvement and then multiplied by the number of full rooms included within a particular rental unit.
(3) 
The annual amount per rental unit shall be charged to the tenant in not less than 12 equal monthly installments.
(4) 
In no event shall the monthly increase for a capital improvement be charged for a period greater than the depreciation period of said improvement as described in Subsection F(1) above.
(5) 
No increase shall be permitted for capital improvements affecting more than 10 rental units unless the total cost thereof exceeds $2,000.
(6) 
No increase shall be permitted for capital improvements made more than 12 months prior to the date upon which an application for such an increase is filed with the Administrative Hearing Officer.
G. 
Charges for capital improvements shall not be considered additions to the base rent for the purposes of computing rental increases pursuant to § 325-50.
H. 
No charge for capital improvements shall be made to a tenant unless such charge is approved by the Administrative Hearing Officer, upon notice to all affected tenants in accordance with the Administrative Hearing Officer's rules and regulations. Prior to installation or furnishing of any improvement, a landlord may request from the Administrative Hearing Officer a ruling as to whether the same will constitute a capital improvement and may also request a ruling as to the manner in which the landlord will be permitted to charge tenants for the cost thereof.
A. 
If by application of the rental increase limitations hereinbefore set forth, or by reason of extraordinary operating expenses with respect to the maintenance, repair and operation of rental units, an efficient landlord claims an inability to obtain a minimum fair rate of return on his investment, he may, upon notice to the affected tenant, petition the Administrative Hearing Officer for additional rent increases in accordance with the Administrative Hearing Officer's rules and regulations.
B. 
The Administrative Hearing Officer shall, on notice to the parties, conduct hearings on said petition and shall afford such relief to the landlord as it may deem necessary under the circumstances, upon detailed findings of fact regarding all relevant aspects of the landlord's profit, expenses, and operation of the building.
C. 
Upon the Administrative Hearing Officer's request, the landlord shall furnish and make available to the Administrative Hearing Officer, all relevant documents and records, which items shall be made available for inspection by the affected tenants. In addition, the Administrative Hearing Officer may require and order an independent accountant, the cost of which shall be borne by the landlord.
D. 
The Administrative Hearing Officer shall not include any attorneys fees, accountants fees or application fees incurred by a landlord in connection with any application or hearing before the Administrative Hearing Officer in determining whether a landlord is entitled to any additional rent increases in accordance with this section or in calculating the amount of any such rent increase.
E. 
No increase pursuant to this section shall be authorized by the Administrative Hearing Officer with respect to a rental unit more than once in any twelve-month period, nor shall the Administrative Hearing Officer conduct a hearing with respect to an application for such a rental increase for a rental unit more than once within a twelve-month period.
F. 
The Administrative Hearing Officer may take into account rental increases of any kind, including capital improvement increases, during the past 12 months in determining whether to grant an increase pursuant to this section and the amount and terms thereof.
A. 
Any rent increase otherwise permitted under this article shall be subject to and conditioned upon the proper maintenance of the rental units in accordance with Chapter 317, Property Maintenance, of the Code of the City of Englewood and the furnishing of essential services to the tenants thereof.
B. 
To carry out the foregoing purpose, no rent increase otherwise permitted under this article shall be charged unless the landlord:
(1) 
Obtains a statement from the Chief Inspector of the City that the premises containing the rental unit affected by the proposed rent increase have no outstanding notices of violation of Chapter 317, Property Maintenance;
(2) 
Serves and files such statement contemporaneously with and in the same manner prescribed for the notice required by § 325-54 hereof.
C. 
For the purposes of Subsection B above, a notice of violation shall be deemed outstanding if any violation specified in such notice has not been corrected within the time period specified by the Chief Inspector.
D. 
To satisfy the provisions of Subsection B above, the statement from the Chief Inspector must be dated no earlier than 90 days prior to the date on which the proposed rental increase is to take effect.
E. 
Within 14 days after receipt of a request therefor, the Chief Inspector of the City shall furnish the landlord with either i) a statement that the premises containing the rental it affected by the proposed rent increase have no outstanding notices of violation of Chapter 317, Property Maintenance; or ii) a list of the outstanding notices of violation respecting said premises. If the Chief Inspector fails to furnish the aforesaid information within said fourteen-day period, the landlord shall serve upon the Director of the Department of Community Development and Housing of the City of Englewood, a notice, in writing, setting forth a list of apartments for which the statement from the Chief Inspector was requested, the date upon which said request was received by the Chief Inspector and that more than 14 days have elapsed since said date. Within seven days after receipt of such a notice, the Director shall cause the Chief Inspector to furnish the landlord with the aforesaid information. For the purposes of this section, a failure by the Director to have the aforesaid information furnished to the landlord within seven days after receipt of said notice shall have the same effect as if the statement was furnished and said premises had no outstanding notices of violation.
F. 
Where a landlord has received a notice of violation respecting a rental unit but has been unable to correct such violation due to the failure or refusal of the tenant of such rental unit to allow the landlord or its agent to enter the rental unit to correct said violation, the landlord may request an informal hearing before the Chief Inspector, upon seven days' notice to the tenant. The Chief Inspector shall rescind such notice of violations if, as a result of such hearing, he finds that:
(1) 
The tenant was given written notice by certified mail of the landlord's intention to correct said violation seven days in advance of the scheduled date for the correction of such violation, except in the case of emergencies.
(2) 
The tenant unreasonably failed or unreasonably refused to provide access to the rental unit for such purpose on such scheduled date.
(3) 
But for the unreasonable failure or unreasonable refusal of the tenant to permit access to the rental unit, the violation would have been corrected.
G. 
Upon the rescission of a notice of violation by the Chief Inspector, said violation shall be considered as having been corrected for the purpose of determining whether any rental increases shall be permitted hereunder.
H. 
The decision of the Chief Inspector may be appealed by either party to the Administrative Hearing Officer.
A. 
A landlord shall file with the Administrative Hearing Officer an annual statement setting forth the following information for each rental unit owned or operated by him within the City of Englewood effective on the first day of January of each year:
(1) 
The apartment number;
(2) 
The name of the tenant;
(3) 
The base rent;
(4) 
The date of the last rental increase;
(5) 
The amount of any capital improvement increase granted by the Administrative Hearing Officer, together with the commencement and termination date thereof; and
(6) 
The name, address and telephone number of the landlord. Such statements shall be filed with the Administrative Hearing Officer annually on or before the first day of February of each year.
B. 
No rental increase otherwise permitted under this article shall be charged unless:
(1) 
The same is set forth by the landlord in a written notice, on a form prescribed by the Administrative Hearing Officer, which shall be served upon the tenant personally or by certified or registered mail, no later than 30 days prior to the proposed effective date thereof, and unless such notice states with particularity the basis, as provided in this article, for the increase and the calculations upon which the increase had been determined and computed; and
(2) 
A copy of such notice is filed with the Administrative Hearing Officer prior to or contemporaneously with the service of such notice upon the tenant.
C. 
A landlord may at any time prior to the service of the notice of rental increase upon the tenant request a preliminary determination from the Administrative Hearing Officer whether the proposed increase is in compliance with the applicable provisions of this article by furnishing a copy of said notice to the Administrative Hearing Officer together with such request. The Administrative Hearing Officer, or his designated representative, shall notify the landlord of this preliminary determination within 30 days following receipt of such request. A failure to furnish such preliminary determination within the prescribed time shall have the same effect as if the preliminary determination had been made and such proposed increase is in compliance with the applicable provisions of this article. Said preliminary determination shall not be binding upon the Administrative Hearing Officer or the affected tenant but may be used as a defense in any prosecution under § 325-58 hereof alleging a demand of rental increase, as set forth in said notice, in excess of the maximum permitted under this article.
A. 
The Administrative Hearing Officer may prescribe the form and content of applications for rental increases, hearings and determinations of the Administrative Hearing Officer.
B. 
The Council may by ordinance establish a schedule of fees for applications before the Administrative Hearing Officer for rental increases, hearings, or determinations of the Administrative Hearing Officer. Such fees shall be payable to the City of Englewood and shall be submitted to the Administrative Hearing Officer at the time such application is made.
C. 
No fee authorized hereunder and no attorneys fees, accountants fees or other expenses incurred by either party in connection with any hearing application or determination before the Administrative Hearing Officer shall be charged or passed along to the other party.
In addition to such other powers and duties heretofore granted to and imposed upon the Administrative Hearing Officer, the Administrative Hearing Officer shall have the following powers and shall perform the following functions and duties:
A. 
To hold hearings and make adjudications on any complaints which may be filed with it by tenants alleging noncompliance by the landlord with the terms and conditions of this article.
B. 
To obtain, keep and maintain all available records, data and information necessary to the enforcement, construction, and application of this article.
C. 
To promulgate rules and regulations governing all proceedings authorized by this article.
D. 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this article.
E. 
To exercise all powers necessary and appropriate, to the maximum extent permitted by law, to carry out and execute the purposes of this article.
The Administrative Hearing Officer shall not review the legality of any rental increase or other charge or any other matter, or make a determination thereon, pursuant to the provisions of this article which was charged or had occurred at any time more than 12 months prior to the filing of a complaint before the Administrative Hearing Officer regarding said matter.
No landlord shall demand of a tenant any rent or rental increase in excess of the maximum permitted herein, unless a preliminary determination approving said increase had previously been obtained from the Administrative Hearing Officer pursuant to § 325-54 hereof and any such demand, as well as any other violation of any provision of this article, including the failure to serve or file a notice as required by, and within the time limits prescribed by §§ 325-53 and 325-54, shall be punishable by a fine of not more than $500, or imprisonment for not more than 90 days, or both. A violation affecting more than one rental unit shall be considered a separate violation as to each rental unit.