[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-20-1966 by Ord. No. 471; readopted 8-1-1967 by Ord. No.
476 (Ch. 203, Art. I of the 1975 Code)]
As used in this article, the following terms shall have the
meanings indicated:
That portion of a multiple dwelling rented or offered for
rent for living or dwelling purposes in which cooking equipment is
supplied, and includes all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
of such portion of the property. The term shall not mean or include
condominium or cooperative units unless the landlord owns more than
three units in the same building, public housing or dwelling space
in any hotel, motel or established guesthouse.
[Amended 6-16-1981 by Ord. No. 691-81]
Includes any building or structure and land appurtenant thereto
containing three or more apartments or rented or offered for rent
to three or more tenants or family units.
The holder or holders of the title in fee simple.
All individuals, associations or corporations who have interests
of record in a multiple dwelling and who are in actual possession
thereof, and any person authorized to receive rents payable for housing
space in a multiple dwelling.
The Supervisor of Multiple Dwellings of the Borough of Edgewater,
hereinafter "Supervisor."
[Amended 9-3-1975 by Ord. No. 581-75]
Any multiple dwelling determined to be substandard by the
Supervisor.
[Amended 9-3-1975 by Ord. No. 581-75]
The Supervisor is hereby authorized to exercise the powers prescribed
by this article. Said Supervisor shall be appointed at a public meeting
by the Mayor, with the consent of a majority of the Councilmen.
The health and safety of residents of the Borough of Edgewater
are impaired and threatened by the existence of substandard multiple
dwellings within the Borough.
Whenever it appears by preliminary investigation that a multiple
dwelling is substandard, the Supervisor shall cause a complaint to
be served upon the owner of and parties in interest in such multiple
dwelling, stating the reasons why said multiple dwelling is deemed
to be substandard and setting a time and place for hearing before
said Supervisor. The owners and parties in interest shall have the
right to file an answer and to appear and give testimony. The rules
of evidence shall not be controlling in hearings before the Supervisor.
If, after notice and hearing, the Supervisor determines that
the multiple dwelling under consideration is substandard, he shall
state his findings in writing and shall issue and cause to be served
upon the owner or other person entitled to receive rents an order
requiring that such repairs, alterations or improvements necessary
to bring such property up to minimum standards be made within a reasonable
time, the date of the expiration of said reasonable time to be set
forth in the said order.
Failure to complete such repairs, alterations or improvements
within the time set by the Supervisor shall be cause to impose rent
control on the substandard multiple dwelling.
A.
In establishing maximum rents which may be charged for housing space
in a multiple dwelling subject to rent control, the permissible rents
shall be sufficient to provide the owner or other person entitled
to receive said rents with a fair net operating income from the multiple
dwelling. The net operating income shall not be considered less than
fair if it is 20% or more of the annual income in the case of a multiple
dwelling containing less than five dwelling units or if 15% or more
in the case of a multiple dwelling containing five or more dwelling
units.
B.
In determining the fair net operating income, the Supervisor shall
consider the following items of expense: heating fuel, utilities,
payroll, janitorial materials, real estate taxes, insurance, interior
painting and decorating, depreciation and repairs and replacements
and additions to furniture and furnishings, which expenses shall be
deducted from the annual income derived from the multiple dwellings.
All items of expenses and the amount of annual income shall be certified
by the owner or other person entitled to receive said rents on forms
provided by the Supervisor.
[Amended 9-3-1975 by Ord. No. 581-75]
The imposition of rent control on any substandard multiple dwelling
shall not impair any leases existing at the time of the adoption of
this article, but shall take effect at the expiration of the term
of any such lease and shall remain in effect thereafter so long as
the multiple dwelling is subject to rent control.
A.
It shall be unlawful for any person to demand or receive any rent
in excess of the maximum rent established for housing space in multiple
dwellings subject to rent control or to demand possession of the space
or evict a tenant for refusal to pay rent in excess of the established
maximum rent.
B.
The owner or other person entitled to receive said rents shall not
be prevented, however, from exercising his rights to obtain possession
of housing space from a tenant as a result of the tenant's violation
of law or contract, and the owner or other person entitled to receive
said rents shall be provided reasonable grounds to obtain possession
of premises for his own personal use and occupancy or to demolish
the multiple dwelling.
Whenever the Supervisor finds that a multiple dwelling subject
to rent control is no longer substandard, he shall so inform the governing
body and rent control on said multiple dwelling shall be removed.
In the event that the owner of the substandard multiple dwelling
fails to comply with an order for repair, alteration or improvement,
after notice and reasonable opportunity to do so and where such failure
to comply results in the continuation of the condition or conditions
harmful to the health and safety of the occupants of the multiple
dwelling or to the general public, the Supervisor may, by and with
the approval of the Mayor and Council, bring an action in the Superior
Court to be appointed receiver ex officio of the rents and income
from such property and expend the same for the purpose of making such
repairs, alterations or improvements as are necessary to correct said
harmful condition or conditions.
[Amended 9-3-1975 by Ord. No. 581-75]
Said rents and income so collected by the said receiver shall
also be available for the payment of such costs and expenses of the
receivership as may be adjudged by the court, and for the payment
to the municipality of any fines or permits which may have been imposed
on the owner for violations of this article and which have not been
paid by the person liable therefor.
A.
Upon his appointment, the Supervisor, acting as receiver, by and
with the approval of the Mayor and Council, in all cases where the
real property in question is encumbered by a first mortgage, shall
appoint such first mortgagee, if such mortgagee is a proper person
and is willing to accept such appointment, as the receiver's
agent to collect the rents and income from such rental property and
manage the same; and in all other cases the receiver, by and with
the approval of the Mayor and Council, may designate the person in
charge of management of such real property or some other competent
person as the receiver's agent to collect the rents and income
from such real property and manage the same. The said mortgagee or
other person shall account promptly to the receiver for the rents
and income so collected.
B.
If the mortgages or other persons so designated are derelict in collecting
or accounting for such rents and income or in the management of such
real property, the receiver shall apply to the court for the removal
of such designated mortgages or other persons, upon notice in writing
to them, and the court upon removing such designated mortgagee or
other persons, in its discretion, may designate another person to
collect the rents and income from such real property and manage the
same and account to the receiver for the rents and income of such
real property as aforesaid. In any such receivership no fees shall
be allowed the receiver or his counsel for action as such receiver
or counsel. Except as otherwise provided herein, the procedure in
respect to any such receivership shall be as in the case of receiverships
to secure the payment of delinquent taxes, penalties, interest, costs
and expenses wherein a collector of taxes of the municipality or other
officer of the municipality is such receiver.
Every owner and manager of every multiple dwelling in the Borough
of Edgewater shall register his name and address with the Borough
Clerk on forms prescribed by and furnished by said Borough Clerk.
Every such registration shall include the name and address of the
owners and the name and address of an agent in charge of the premises
residing in the municipality.
The standards which shall govern the Supervisor determining
whether a multiple dwelling is substandard shall be those minimum
standards which are set forth in the State Housing Code promulgated
by the Department of Conservation and Economic Development, Bureau
of Housing, State of New Jersey, filed on July 25, 1966, in the Office
of the Secretary of State of the State of New Jersey, and any amendments
or additions thereto which may be promulgated from time to time by
said Department of Conservation and Economic Development, Bureau of
Housing.
Nothing herein shall be construed to abrogate or impair the
powers of any department of the Borough of Edgewater to enforce any
provisions of its laws or regulations, nor to prevent or punish violations
thereof. Powers conferred shall be in addition and supplemental to
the powers conferred hereby by the Borough of Edgewater or any law
of the State of New Jersey or of the United States.
[Adopted 6-19-1973 by Ord. No. 544-73; amended in its entirety 6-17-1982 by Ord. No.
726-82 (Ch. 203, Art. II of the 1975 Code)]
[Amended 4-19-1983 by Ord. No. 744-83]
As used in this article, the following words shall have the
meanings indicated:
A housing corporation or association which entitles the holder
of a share of membership interest thereof to possess and/or occupy
for dwelling purposes a house, apartment or other structure owned
or leased by said corporation or association.
[Added 8-9-1983 by Ord. No. 755-83]
Any building or structure rented or offered for rent for
residential use to one or more tenants or family units. Exempt from
this article are motels, hotels and similar-type buildings, floor
space used for commercial purposes, two-housing units, owner-occupied
three-housing units and condominium and cooperative units, unless
the landlord owns three or more units in the same building. However,
included herein shall be any non-owner-occupied building or structure
rented or offered for rent where there is a decrease in occupancy
in the number of units to less than three units resulting from the
Borough's enforcement of any provision of the Zoning Ordinance[1] or of any approval granted by a land use agency of the
Borough of Edgewater and non-owner-occupied three-or-more-housing
units or four-or-more-housing units, if owner occupied, which are
located on the same tax lot and owned by the same person, firm, corporation
or other entity or group of persons.
[Amended 4-3-1984 by Ord. No. 779-84]
That portion of a dwelling rented or offered for rent for
living and dwelling purposes, together with all privileges, services,
furnishings, furniture, equipment, facilities and improvements connected
with the use or occupancy of such portion of the property.
[Amended 4-3-1984 by Ord. No. 779-84]
Any person(s) lawfully residing in a unit of housing space
under an oral lease of any duration.
[Amended 4-3-1984 by Ord. No. 779-84]
A.
There is hereby created a Rent Control Board within the Borough of
Edgewater. The Board shall consist of five members, and two alternate
members, who shall be called upon to serve in the event of the absence
or infirmity or disqualification of any of the five regular members.
Three members of the Board shall be required for a quorum in order
that the Board may conduct its business.
B.
The members and alternates of the Board shall be appointed by the
Mayor, with the consent of the Council, for three-year terms as successive
vacancies occur. All present members and alternates shall continue
to serve the terms to which they were previously appointed.
The Rent Control 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 article, 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 article, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Board in the exercise of its discretion, provided
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 article.
C.
To hold hearings and adjudicate applications from landlords for additional
rental as hereinafter provided.
D.
To hold hearings and adjudicate applications from tenants for reduced
rental as hereinafter provided. Said Board shall give both landlord
and tenant reasonable opportunity to be heard before making any determination.
E.
The Rent Control Board shall further have the power to hire legal
counsel, secretarial and clerical help, expert witnesses and such
other personnel as may be necessary, from time to time, in order to
effectively perform all of the duties for which the Rent Control Board
was created.
F.
To authorize the Secretary of the Rent Control Board to issue subpoenas
requiring the attendance of witnesses who, or the production of documents
which, the Board may deem necessary in order to effectuate the purposes
of this article.
A.
Establishment of rents between a landlord and a tenant to whom this
act is applicable shall hereafter be determined by the provisions
of this article.
B.
Except as otherwise provided in § 339-22, a landlord may increase the rental by a maximum of 5% during each twelve-month period where the landlord is required to furnish heat and by a maximum of 3 1/2% during a twelve-month period where the landlord is not required to furnish heat. Notwithstanding the foregoing, a landlord shall not increase the monthly rental during each twelve-month period; provided, however, that a landlord shall be entitled to a minimum monthly rental increase during each twelve-month period as follows:
[Amended 12-20-1988 by Ord. No. 909-88]
(1)
The sum of $15 for the period commencing on the first expiration
of a tenant's lease, after such adoption of this article, and
terminating on the first anniversary date of such lease.
(2)
The sum of $17 for the period commencing on the first anniversary
date of a tenant's lease and terminating on the second anniversary
date.
(3)
The sum of $20 for the period commencing on the second anniversary
date of a tenant's lease and each anniversary date thereafter.
C.
No landlord shall increase the rental of any housing space more than
once in any twelve-month period unless permitted by this article.
Any rental increases in excess of that authorized by the provisions
of this article shall be void.
D.
Should a landlord fail to raise rent of any tenant upon the anniversary
date of the beginning of a tenancy, the landlord shall be permitted
to increase the rent in any subsequent month and shall thereafter
have the right to increase rent upon the new anniversary date the
following year.
[Amended 7-13-1982 by Ord. No. 728-82]
E.
Any landlord seeking an increase in rent up to the maximum allowable
percentage shall notify the tenant in writing, by certified mail,
return receipt requested, or by personal service of the increase and
the calculations involved in computing the increase, including the
previous rent and its effective date, the proposed rent and its effective
date, the allowable percentage increase and the allowable rental increase
in dollars and cents.
F.
The landlord shall notify the tenant of the proposed rental increase
at least 30 days prior to the expiration of the lease if such an expiration
date is fixed therein. If the expiration date is not fixed therein,
then the aforesaid notification shall be given according to the law
governing the giving of notices to quit and demand for possession
for the specific rental period. The contents of this notification
shall conform to the requirements herein set forth for leases of one
year or greater.
G.
The base rent shall be deemed to be the lawful rent for the housing
space which was in effect on May 1, 1973, and further provided that
rent for the housing space shall not exceed base rent plus any rent
increase authorized by the provisions of this article.
[Added 12-20-1988 by Ord. No. 909-88]
A.
Annual rent increases for qualified senior citizens and disabled
persons shall not exceed 3 1/2%, irrespective of whether the
landlord furnishes heat for the leased unit or apartment.
B.
Qualification for eligibility for senior citizens and disabled persons
status:
(1)
In determining whether a person qualifies as a senior citizen or
disabled person under this section, such person shall be required
to satisfy the criteria as set forth in the Senior Citizens and Disabled
Persons Protective Tenancy Act, N.J.S.A. 2A:18-61.22 et seq.
(2)
All persons seeking to qualify as senior citizens or disabled persons
shall complete application forms provided by the Rent Control Board.
(3)
The determination as to eligibility shall be made by the Rent Control
Board within 60 days after the receipt of a complete application.
(4)
Hearings by the Rent Control Board on applications for eligibility
shall be held in closed session with only the affected landlord and
tenant and their agents in attendance. All data utilized at such hearing
shall be held in strict confidence at the request of the tenant.
(5)
Once a tenant obtains initial eligibility, said tenant must certify
at the expiration of every two years thereafter as to his/her continued
eligibility. Such certification forms shall be provided by the Rent
Control Board.
(6)
Said certification must be completed by an eligible tenant not less
than three months prior to lease-renew or annual rent increase.
(7)
For good cause shown, a landlord may apply to the Rent Control Board
for a hearing on the question of a tenant's eligibility at the
anniversary date of such tenant's eligibility after the initial
two-year period of eligibility.
A.
A landlord who is unable to meet his mortgage payments, expenses
and maintenance costs or is not making a fair return on investment
shall be entitled to apply for a hardship increase to the Rent Control
Board. The Rent Control Board shall supply forms for this purpose
and require the landlord to notify the tenants of the pendency of
this hardship increase application. Prior to any determination, the
landlord must give notice to the tenants by certified mail, return
receipt requested, or personal service, and by posting in the lobby
of each affected building or, if no lobby, in a conspicuous place
or places in and about the premises, a notice of said hardship increase
request, setting forth thereon the basis for said request. Said notice
must be at least 20 days prior to the proposed hearing date. The affected
tenants shall have a right to challenge the basis or facts for the
hardship increase on the hearing date thereof. The Rent Control Board
shall have the right, after notice or hearing, to grant or deny a
hardship increase without regard to the rental restrictions set forth
in this article or its amendments.
B.
A landlord may increase the rental by a maximum of 5% during each
twelve-month period, where the landlord is required to furnish heat,
and by a maximum of 3 1/2% during a twelve-month period, where
the landlord is not required to furnish heat. Notwithstanding the
foregoing, a landlord shall not increase the monthly rental during
each twelve-month period by more than $40 over the rental paid during
the prior twelve-month period; provided, however, that a landlord
shall be entitled to minimum monthly rental increase during each twelve-month
period, as follows:
[Amended 4-21-1987 by Ord. No. 857A-87]
(1)
The sum of $15 for the period commencing on the first expiration
of a tenant's lease, after such adoption of this article, and
terminating on the first anniversary date of such lease.
(2)
The sum of $17 for the period commencing on the first anniversary
date of a tenant's lease and terminating on the second anniversary
date.
(3)
The sum of $20 for the period commencing on the second anniversary
date of a tenant's lease and each anniversary date thereafter.
C.
No hardship rental increase shall be granted unless the landlord
produces all the documentary evidence which may be requested by the
Board to make the determination herein required, including but not
limited to the copies of all deeds, mortgages, notes or bonds, appraisals,
income and expense statements, rent rolls (at the time of purchase
or financing or refinancing of the mortgage and at the time of appeal)
and all bills, invoices, canceled checks and federal and status tax
returns.
D.
No hardship rental increase granted pursuant to this article shall
apply to a housing unit which has had a rental increase during the
previous 12 months, due to the application of vacancy decontrol.
E.
In the event that the landlord applies for a hardship rental increase, and the time of the application coincides with the anniversary date upon which the landlord would be permitted to increase the rent under § 339-21 of this article, then the landlord shall be permitted to increase the rent to the extent of the maximum allowable percentage during the pendency of such application. Any determination of the Board of a hardship increase shall be modified by any rental increase applied by the landlord.
F.
The cost or expense for maintenance and/or improvements of the subject
premises which exceeds the total cost of $3,000, requested to be considered
by the Board as a hardship increase and/or capital improvement surcharge,
shall have three written estimates as to the cost or expense of said
item, in order for the Board to determine its reasonableness.
[Added 9-3-1986 by Ord. No. 847-86]
G.
Any hardship rental increase granted pursuant to this section shall
be apportioned over a thirty-six-month period. The amount so apportioned
shall not be considered as base rent in the calculation of annual
rental increases but shall be considered as a separate charge unrelated
to base rent.
[Added 4-21-1987 by Ord. No. 861-87]
[Amended 9-3-1986 by Ord. No. 847-88]
A.
A landlord may seek a surcharge for capital improvements made by
him in the rental unit or attributable to the rental unit.
B.
As used herein and hereinafter, "capital improvement" shall mean
a substantial change in the housing accommodations such as would materially
increase the rental value of the subject premises in a normal market,
i.e., an added benefit to the subject premises and the tenant's
enjoyment thereof.
C.
The landlord must notify each tenant by certified mail, return receipt
requested, or personal service and by posting in a conspicuous place
in the lobby of the building or, if there is no lobby, then in a conspicuous
location, at least 20 days prior to the hearing, of the total cost
of the completed capital improvement, the number of years of useful
life of the improvement, the average costs of the improvement, the
total number of square feet of the dwelling or apartment complex,
the total square feet occupied by the tenant and the capital improvement
surcharge he is seeking from each, so as to indicate the costs for
the improvement per square foot per month, the total for each tenant
per month and the number of years of duration of the surcharge.
D.
The landlord seeking a capital improvement surcharge shall appeal
for said surcharge to the Rent Control Board, which shall determine
if said improvement is a major improvement and, if so, may permit
such increase to take place. If said increase is granted, it shall
not be considered rental and shall not be considered part of the base
rent for computing rent increases.
E.
The amount of monthly increase allocated to a capital improvement
surcharge which a landlord may charge, if the landlord's application
is granted by the Rent Control Board, shall be determined by the Board
as to said improvement's life cycle.
A.
Every petition filed with the Rent Control Board of the Borough of
Edgewater seeking a hardship increase or a capital improvement surcharge
shall be accompanied by the tax bill for the property, to demonstrate
if taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such petition. If it is shown
that taxes or assessments are delinquent on said property, any rental
increase in excess of the maximum allowable percentage, or any capital
improvement surcharge granted by said Board, shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.
B.
Every petition shall contain a certification by the Building Code
Official that there are no Housing or Health Code violations more
than 60 days old. An application for hardship rental increase or capital
improvement surcharge will not be heard by the Rent Control Board
until there has been material compliance with the Housing and Health
Codes, which shall mean that 100% of those prior existing violations
shall have been remedied. The Board may condition any rental increase
above the maximum allowable percentage of surcharge on the receipt
of certifications from the local Building Code Official or Health
Officer that all of the violations have been corrected. As used herein,
the term "violations" shall mean any and all defects which affect
the habitability of the subject premises and the tenant's right
to a safe, sanitary, decent place to reside.
[Amended 9-3-1986 by Ord. No. 847-86]
All required notices herein mentioned may, at the option of
the landlord, be either hand-delivered and personally served by the
landlord or his agents and employees, or delivered by certified mail,
return receipt requested. In any event, the burden of proof of actual
delivery shall be on the landlord.
A.
Notwithstanding any limitations upon permissible rent increases under
any other provision of this article, upon the voluntary, uncoerced
vacation of any apartment, the landlord shall have the right to fix
the rent for such vacated apartment at such a sum as he deems appropriate.
B.
Filing of statement; hearing.
(1)
In order for a landlord to qualify for the vacancy decontrol rent
increase, the landlord shall first be required to file with the Rent
Control Board a written statement, signed by the vacating tenant,
certifying to the Board that the landlord has not, in any way, harassed
or pressured the tenant into vacating the housing space unit and that
the vacation of such unit was a voluntary act on the part of the tenant.
Such noncoercion certification shall not be required in order for
the landlord to qualify for the vacancy decontrol increase if the
increase does not exceed the total of all permissible increases authorized
by any other provisions of this article, the tenant has moved from
the unit without notice to the landlord, the unit has been vacated
pursuant to a court-ordered eviction, unless the court-ordered eviction
shall have been the result of a dispute brought about by changes in
the terms of a lease, or the tenant has refused to sign such certification,
and upon appeal by the landlord, the Rent Control Board has found
that such refusal was unwarranted, and that there was, in fact, no
coercion exerted by the landlord upon the vacating tenant.
C.
The decontrol provisions of this section shall only apply to dwelling
units which are physically vacated subsequent to the effective date
of this section.
D.
Upon vacation of any apartment hereafter, the landlord shall file
a statement with the Rent Control Board, certifying to the Board the
apartment and building numbers of such dwelling unit, the rent paid
by the vacating tenant, the maximum rent increase which would be permissible
under the other provisions of this chapter, the number of days such
apartment remains vacant, the rent agreed to by the new tenant for
such apartment, and that the vacation of such apartment was the voluntary
act of the vacating tenant and that such vacation was not the result
of landlord harassment or pressure upon such vacating tenant.
A.
In the event that the owner of a multiple dwelling subject to rent
control converts the building from the rental market to a condominium
or a cooperative, a rental apartment unit within that multiple dwelling
shall remain under rent control if the tenant occupying that apartment
began his or her initial tenancy before the master deed or agreement
establishing the cooperative was recorded. That rental apartment shall
continue to be subject to rent control so long as the same tenant
remains in possession for the period of time permitted by state law,
regardless of whether the purchaser of that apartment unit owns less
than three condominium or cooperative units in the same multiple dwelling.
B.
Housing space occupied by a tenant whose initial tenancy began after
the master deed or agreement establishing the cooperative was recorded
shall remain subject to rent control only until such time that the
apartment unit is sold to an owner of less than three condominium
or cooperative units. Thereafter, the housing space owned by an owner
of less than three condominium or cooperative units shall not be subject
to rent control.
C.
In the event that any multiple dwelling subject to the Rent Control Ordinance is converted, changed or in any manner modified, whereupon said multiple dwelling is no longer subject to this article, then, in that event, any and all rental units thereinafter existing shall remain subject to rent control if the tenant(s) so occupying that rental unit began his or her tenancy prior to the conversion, change or modification of the said multiple dwelling, and that said rental unit shall continue to be subject to rent control so long as the said tenant remains in possession thereof pursuant to state law. No existing tenancy subject to this article shall lose its rights as provided herein as a result of a conversion, change or modification of a multiple dwelling thereafter exempt by this article pursuant to § 339-18.
[Added 4-3-1984 by Ord. No. 780-84]
[Added 6-5-1984 by Ord. No. 784-84]
The Rent Control Board of the Borough of Edgewater is hereby
established as the administrative agency for the purpose of determining
the eligibility of senior citizens and disabled tenants for protected
tenancy status, pursuant to the Senior Citizens and Disabled Protected
Tenancy Act, N.J.S.A. 2A:18-61.22 et seq.
[Added 8-9-1983 by Ord. No. 755-83]
Any person, firm, corporation or other entity, or group of persons
holding shares to three or more dwelling units in a cooperative shall
register his or her name and address with the Rent Control Board on
forms prescribed by and furnished by said agency. Every such registration
shall include the name and address of the owners, the building wherein
such units are situated, a description of the units owned and the
amount of rental charged for each dwelling unit.
[Amended 7-13-1982 by Ord. No. 728-1982; 6-5-1984 by Ord. No.
784-84]
A.
The following fees shall apply to all applications or other proceedings
of the Rent Control Board:
(1)
Tenant request for filing with or without a hearing before the Board:
$5.
(2)
Landlord request for increase in permitted rental or surcharge: $10
for the first four or less dwelling units and an additional $5 for
each additional unit up to a maximum charge of $200.
(3)
At the time that an owner of a building or structure who seeks to
convert such premises to a condominium or cooperative and is required
to notify the Rent Control Board, pursuant to N.J.S.A. 2A:18-61.27,
such person shall pay a fee of $10 for each rental unit for the first
$200 units in such building or structure and $5 for each rental unit
in excess thereof.
B.
Fees shall be paid only by check or money order, made payable to
the Borough of Edgewater. No cash shall be accepted.
A.
During the term of a tenancy, the landlord shall maintain the same
standard of services, privileges, garaging or parking spaces, maintenance,
storage space, rights to use appliances, facilities (such as pools
or tennis courts), furniture, furnishings or 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. Tenants who have been
assigned garage and/or parking spaces shall not be reassigned a different
space, unless it is mutually agreed upon in writing, or unless it
can be established by the landlord as being reasonable and necessary.
[Amended 9-8-1986 by Ord. No. 847-86]
B.
An individual tenant or class of tenants who are not receiving substantially the same services or privileges as specified in Subsection A hereof may have the Rent Control Board determine the reasonable rental value of the housing unit or dwelling in view of this deficiency. Such deficiency may be found and disclosed only after a duly noticed hearing. The tenant or class of tenants shall pay the reasonable rental value as full payment for rent until the landlord proves that the deficiency has been corrected.
C.
Fee increases for off-street parking which is provided by the landlord
of housing space subject to rent control, even though such parking
is not part of a residential lease, shall be limited to 1% annually,
representing an administrative fee that the landlord may charge. This
charge shall be limited to the number of parking spaces rented by
the tenant at the beginning of the tenancy.
[Amended 9-3-1986 by Ord. No. 847-1986; 4-21-1987 by Ord. No.
861-87]
D.
If a tenant is permitted by the landlord to keep a pet or pets at
the beginning of a tenancy or initial lease, then that privilege to
keep pets shall be irrevocable as to that tenant, for the lifetime
of the specific animal. If the landlord desires to eliminate the privilege
to keep pets in the building, notice must be given to all tenants.
Any tenant keeping a pet or pets at the time of such notice shall
be permitted to keep the specific pet or pets for the animal's
lifetime or for so long as the tenant may wish to keep the specific
animal.
A.
In the event of a tax appeal, the portion of a tenant's tax
surcharge not being paid by the landlord to government will be held
in an interest-bearing account.
B.
In the event the appeal is successful and the taxes reduced, the
tenant shall receive 65% of said reduction as applied ratably to its
tax portion after deducting from the total tax reduction all expenses
incurred by the landlord in prosecuting said appeal.
[Amended 10-8-1985 by Ord. No. 829-85]
A.
This article shall not apply to newly constructed housing space or
dwelling units being rehabilitated for the purpose of housing space
in structures formerly used for industrial or commercial purposes,
but only for a period of five years after the date a certificate of
occupancy is issued for such housing space or dwelling units. After
the expiration of said five-year period, said housing space or dwelling
units shall be subject to the other provisions of this article. This
provision shall apply in cases where construction on such units has
commenced after the effective date of this article.
B.
In addition to the exemption for the five-year period provided for in Subsection A of this section, any structure formerly used for industrial or commercial purposes being rehabilitated for the purpose of providing housing space, and which qualifies as a registered historic site by the Federal Register of Historic Landmarks, shall be entitled to an additional exemption from the provisions of this article for a period of 15 years.
No landlord shall, after the effective date of this article,
charge any rents in excess of what he was receiving from the effective
date of this article, except for increases as authorized by this article.
The owner of a 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.
This article, being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof.
A willful violation of any provisions of this article, including but not limited to the willful filing with the Rent Control Board of any material misstatement of fact, shall be punishable by a fine as set forth in Chapter 1, Article II, General Penalty, of this Code. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
