As used in this article, the following terms shall have the
meaning indicated:
EXISTING LEGAL RENT
The actual legal monthly rental a tenant is paying for his apartment. At the time of adoption of this article, if the present monthly rent being paid by a tenant is $280 and the tenant is also paying a $20 a month tax surcharge, the existing legal rent for the next permissible increase will be $300, and the next permissible increase will be 80% of the increased percentage in CPI, as set forth in §
530-2B of this article, multiplied by this $300. Thereafter, the "existing rent" will be this $300 plus any CPI increases.
HOUSING SPACE, DWELLING or APARTMENT
Shall mean and include the portion of a structure rented
or offered for rent for living and dwelling purposes to one individual
or family unit; together with all privileges, services, furnishings,
furniture, equipment, facilities, parking and garage facilities (whether
optional or mandatory), and improvements connected with the use or
occupancy of such portion of the property. Included are any building,
structure, mobile home or land used as a mobile home park, rented
or offered for rent to one or more tenants or family units. Exempt
from this chapter are motels, hotels and similar-type buildings; commercial
buildings; two or less housing units and housing structures of two
units or less. Housing units newly constructed and rented for the
first time are exempt under state statute, N.J.S.A. 2A:42-84.2, which
may provide a temporary exemption for newly constructed multiple dwellings
for a period of time not to exceed the time of amortization of any
initial mortgage loan obtained for the multiple dwelling or for 30
years following completion of construction, whichever is less. The
new construction exemption shall be in accordance with and per the
requirements of N.J.S.A. 2A:42-84.1 et seq., as amended, with new
construction defined per the Act under the phrase "constructed" to
mean constructed, erected or converted, but excludes rehabilitation
of premises rented previously for residential purposes without an
intervening use for other purposes for a period of at least two years
prior to conversion. Mere vacancy shall not be considered an intervening
use for the purposes of this chapter. Further exemption may exist
by the preemption or partial preemption by federal and state statutes
regulating residential rents, such as, but not limited to, dwellings
owned by HUD, financed under the federal programs and subject to regulations
promulgated by the Department of Housing and Urban Development and
housing regulated and provided under the New Jersey Housing Finance
Agency Law of 1967 (N.J.S.A. 55:14J).
[Amended 11-23-2021 by Ord. No. 2021-22]
NOTIFY or NOTIFICATION
Either certified mail, or regular mail or hand delivery acknowledged
by written receipt; or if the party refuses to claim or acknowledge
delivery, by regular mail.
PRICE INDEX
The most recently available monthly "Consumer Price Index
for Urban Wage Earners and Clerical Workers, Northern New Jersey/New
York/Long Island Area" published by the Bureau of Labor Statistics,
United States Department of Labor.
[Amended 10-9-2006 by Ord. No. 2006-49]
SUBSTANTIAL COMPLIANCE
That the housing space and dwelling are free from all heat,
hot water, elevator and all health, safety and fire violations as
well as 90% qualitatively free of all other violations of the Red
Bank Property Maintenance Code.
The Rent Leveling Board is hereby granted, and shall have and
exercise, in addition to other powers herein granted, all the powers
necessary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to the following:
A. To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this chapter, which rules and regulations
shall have the force of law until revised, repealed or amended by
the Board in the exercise of discretion, providing that such rules
are filed with the Borough Clerk.
B. To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
C. To hold hearings and adjudicate applications from landlords for additional
rental and surcharges.
D. To hold hearings and adjudicate applications and complaints from
tenants for reduced or improper rentals. The Board shall give both
landlord and tenant reasonable opportunity to be heard before making
any determination.
E. To issue
a written advisory opinion as to any issue of jurisdiction with regard
to the Board hearing any future matter. Any application or request
for an advisory opinion regarding jurisdiction shall be made in writing
by a person with interest in the subject matter of the requested opinion.
Notice to other interested parties shall not be required by the applicant.
The opinion of the Board shall not be binding, but shall be advisory
in nature and provide guidance for future actions, if necessary.
[Added 4-11-2012 by Ord.
No. 2012-7]
F. To honor
settlements reached between a landlord and a tenant regarding any
complaint filed before the Board by either party. However, the Board
will not judge such settlement except to the extent that it will not
honor any settlement agreement between a landlord and tenant in which
the tenant agrees to a rent higher than that allowed by this article.
The Board will honor written settlements or settlements on the record
before the Board on complaints that do not violate this article and
will allow enforcement of any such settlement before the Board.
[Added 4-11-2012 by Ord.
No. 2012-7]
[Amended 11-6-2013 by Ord. No. 2013-23]
Both the landlord and tenant may appeal in writing the findings
of the Board to the governing body within 20 days from the date of
the determination. The Council shall hold a hearing on the record
before the Board. The Council, through the Borough Clerk, shall provide
any appellant written notice of the hearing date at least 20 prior
to the hearing date. The appellant shall provided all interested parties,
including, in the case of an appeal by the landlord, all affected
tenants, with notice of hearing no later than 10 day prior to the
hearing date set by the Council. Said notice shall be made by certified
mail/return receipt request or by personal service, which notice shall
include the date, time and place of the hearing. The notice shall
also indicate that any interested party may at their option review
the transcript of the Rent Leveling Board hearing(s) and all documentation
that is to be presented to the Council on appeal through inspection
at a convenient location on the premises that is the subject of the
appeal, and upon request, provide copies of said transcript and documentation
at a cost not to exceed what is charged by the Borough for reproduction
costs.
[Amended 4-11-2012 by Ord. No. 2012-7]
During the term of this tenancy, the landlord shall maintain
the same standards of service, maintenance, furniture, furnishings
and equipment in the housing space and dwelling as he provided or
was required to do by law or lease at the date the lease was entered
into. In the event that the landlord fails to provide such service,
tenants may petition the Rent Leveling Board for a reduction in rent,
credit for reduced services or right of reimbursement in cases where
the tenant cannot receive a benefit through credits.
The owner of housing space or dwelling being rented for the
first time shall not be restricted in the initial rent he charges.
Any subsequent rental increases, however, shall be subject to the
provisions of this article.
Should a lease entered into between the landlord and tenant
prove to be in conflict with the Rent Leveling Ordinance, this article
shall take precedence.
Any tenant filing a complaint with the Rent Leveling Board against
the landlord shall be required to sign a complaint and appear before
the Board to give testimony as requested by the Board. The landlord
and/or his representative, upon due notice, shall be required to appear
and give testimony. Any tenant appearing before the Board may select
someone to represent them who need not be an attorney, provided the
person representing the tenant is authorized to do so in writing.
Any person representing a tenant excepting an attorney is not permitted
to charge a fee for his service.
When the Rent Leveling Board shall request of any landlord any
information with respect to any rental unit, such information shall
be provided to the Rent Leveling Board within 15 days of such request.
Failure to report the information required within the 15 days specified
shall result in the rental space remaining controlled to the same
extent and under the same conditions as it had not been vacant and
any rental charged the new tenant in excess of that controlled rate
shall be void.
All landlords shall be required to have at all times a copy
of the Rent Leveling Ordinance posted in the lobby or other conspicuous
place in the premises.
This article being necessary for the welfare of the Borough
and its inhabitants shall be liberally construed to effectuate the
purposes thereof.