As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS
Buildings or dwellings fit for habitation as defined by statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Hudson and City of Hoboken and occupied or unoccupied and offered for rent.
BASE RENT
The legal rent charged or actually received by the landlord for the rental of housing space on October 1, 1985, or if not occupied at that date, the "base rent" shall be the first rent after October 1, 1985, actually charged to and received from a tenant.
[Amended 7-12-2000 by Ord. No. R-449; 1-22-2014 by Ord. No. Z-276; 2-1-2023 by Ord. No. B-532]
CAPITAL IMPROVEMENT
A substantial change in the housing accommodations, such as would materially increase the rental value in a normal market. It is different from ordinary repair, replacement and maintenance. A "capital improvement" is of such a nature, extent and expense that it benefits the building and the tenants' enjoyment thereof with a degree of permanency. A "capital improvement," to qualify under this chapter as such, must have a useful life of at least five years.
CONDO/CO-OP OWNER/OCCUPANT(S)
Individuals who own and reside in a condo/co-op shall be considered bona fide condo/co-op owner/occupant(s), hereinafter referred to as "bona fide CCOO," if they meet the requirements established in § 155-35.
[Added 1-22-2014 by Ord. No. Z-276]
CONSUMER PRICE INDEX
The "consumer price index" (all items base year 1967-100) for the region of the United States of which Hoboken is a part, published periodically by the United States Department of Labor, Bureau of Labor Statistics.
DWELLING
Any building or structure or trailer or land used as a trailer park, rented or offered for rent to one or more tenants or family units.
EQUITY IN REAL PROPERTY INVESTMENT
The actual cash contribution of the purchaser at the time of closing of title and any principal payments to outstanding mortgages.
FAIR RETURN
The percentage of return of equity in real property investment. The amount of return shall be measured by the net income before depreciation. A "fair return" on the equity investment in real property shall be considered to be 6% above the maximum passbook demand deposit savings account interest rate available in the City of Hoboken. The six-percent figure is provided to reflect the higher risk and lesser liquidity of real property investment in comparison to savings account investments.
HOUSING SPACE
Includes that portion of a dwelling rented or offered for rent for living and dwelling purposes, with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the real property.
JUST CAUSE FOR EVICTION
The landlord recovered possession of a housing space or dwelling for one of the reasons outlined in New Jersey State law (N.J.S.A. 2A:18-53 as amended).
LEGAL RENT
Rent permitted to be charged under the Rent Control Ordinance. The legal rent shall be the base rent plus any permissible increases allowed under this chapter that accumulate over time. Any dispute as to the legal rent of a particular apartment unit is to be determined by the Rent Regulation Officer, subject to an appeal to the Rent Leveling and Stabilization Board.
[Added 2-1-2023 by Ord. No. B-532]
LIVING AREA
The amount of total rentable space applicable to any given housing space, measured either in terms of rooms or square footage.
NEWLY CONSTRUCTED DWELLING
A dwelling located in a building, which building is new in all respects; that is, from the ground up, and the exterior structure, the exterior and interior walls and all systems are new.
NOT VACANT THROUGH UNLAWFUL MEANS
The tenant has not vacated or been forced to vacate the dwelling involuntarily; that is, due to harassment, duress, wrongful acts or unreasonable pressure from the landlord or his agents. A legal eviction is not an involuntary vacation under this definition. A bona fide written release of the landlord by the tenant with respect to this issue shall be evidence of a voluntary vacancy which may be considered in determinations under this chapter.
REGISTRATION STATEMENT
The statement filed by the landlord pursuant to § 155-30.
RENT
Any price for the use of a housing space. It includes any charge, no matter how set forth, paid by the tenant for the use of any service in connection with the housing space. Security deposits and charges for accessories, such as boats, mobile homes and automobiles not used in connection with the housing space, shall not be construed as "rent."
RENT INCREASE, RENT DECREASE and RENT ADJUSTMENT
The intent and policy of the governing body to interfere in landlord-tenant relations and legitimate operation ownerships, occupancy and development of real estate, only when necessary to protect the public interest. "Rent increase," "rent decrease" and "rent adjustments" shall consist in the first instances of the notice sent by the landlord to the tenant, or by the tenant to the landlord, in letter or other form, setting forth the proposed notice of "rent increase," "rent decrease" or other "rent adjustment." Each notice shall set forth in detail the reasons justifying or requiring such increase, decrease or adjustment.
[Amended 1-22-2014 by Ord. No. Z-276]
SERVICE
The provision of light, heat, hot water, maintenance, painting, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
SERVICE SURCHARGE
Refers to an additional charge over and above the rental due to new or additional services. Existing services may be subject to a surcharge also, under extenuating circumstances as may be determined by the Rent Leveling and Stabilization Board.
[Amended 1-22-2014 by Ord. No. Z-276]
SUBSTANTIAL COMPLIANCE
The housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire hazards, as well as 90% qualitatively free of all other violations of the ordinances of the City of Hoboken and the Property Maintenance Code of the State of New Jersey, where applicable.
TENANT/SUBTENANT
The regulations that apply to the landlord and tenant under this chapter shall also apply, wherever appropriate, to the "tenant/subtenant" relationship and any other rental tenancy unless otherwise expressly excluded.
[Added 10-22-2025 by Ord. No. B-818]
A. 
Documentation requirement. Every landlord seeking to register, impose a rent increase, or establish a legal rent for a dwelling unit must provide documented proof of prior, actual rent that was paid for that unit. Documentation to be considered shall include a fully executed lease or rental agreement (unless no written lease exists) and the following:
(1) 
Rent receipts or other similar records demonstrating actual rent payments (e.g., bank statements indicating periodic withdrawals or deposits, canceled checks, or electronic payment confirmations); or
(2) 
If none exist, any other documentation deemed relevant, verifiable, and legally valid under this chapter by the Rent Regulation Officer.
B. 
All documentation shall be subject to verification by the Rent Regulation Officer.
C. 
Verification by Rent Regulation Officer. The Rent Regulation Officer shall verify the authenticity and accuracy of documentation submitted to register, impose a rent increase, or establish a legal rent for a dwelling unit when rendering a legal rent calculation or reviewing a rent increase request. If the landlord fails to provide adequate proof, the Officer must deny the rent increase and provide written notification enumerating the reason for denial to the landlord. Upon receipt of notification, the landlord shall have 30 days to cure.
This chapter shall apply to all dwelling units as defined in § 155-1 above, except that the following shall be exempt:
A. 
Motels and hotels.
B. 
Newly constructed dwellings which are rented for the first time. After the first rental, such dwellings shall be exempt for this initial rent or lease agreement, but all subsequent rents shall be subject to the provisions of this chapter. In order to qualify for the exemption, the newly constructed dwelling must be registered by an applicant, on forms provided by the Rent Regulation Officer, with said Officer before the first rental for said dwelling.
C. 
Industrial property.
D. 
Nonresidential and commercial property. If the dwelling has an apartment unit(s), plus a commercial unit(s), the apartment unit(s) is covered by this chapter, but the commercial unit(s) is exempt.
E. 
Housing provided for students by a school, college or similar institution which owns or controls that housing.
F. 
Housing owned and operated by other government agencies, such as the state or federal government.
G. 
A building completely vacant on or before and since January 1, 1984, provided that said building did not become vacant through unlawful means which can be attributed to the applicant for this exemption. In order to qualify for this exemption, the building vacant since January 1, 1984, must be registered by an applicant with the Rent Regulation Officer, on forms provided by said Officer, before the renting of dwelling units within the vacant building. After the first rental, such dwelling units shall be exempt from initial rent or lease agreement, but all subsequent rents shall be subject to the provisions of this chapter.
H. 
[1]In accordance with N.J.S.A. 2A:42-84.1 et seq., the provisions of this chapter shall not apply to multiple dwellings, as defined in the statute, constructed after June 25, 1987, for a period not to exceed the period of amortization of any initial mortgage loan obtained for the multiple dwelling or for 30 years following completion of construction, whichever is less. In the event that there is no initial mortgage financing, the period of exemption from this chapter shall be 30 years. This exemption only applies where a landlord complied with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including but not limited to notice to the Construction Code Official at least 30 days before a certificate of occupancy is issued and notification to tenants by way of a provision in their lease. The owner shall, at least 30 days prior to the expiration of the exemption period as per N.J.S.A. 2A:42-84.1, file with the Rent Leveling and Stabilization Office a notice of expiration of the exemption period for the multiple dwelling. The owner must then register the property as per § 155-30, and the property shall be subject to the rent leveling and stabilization provisions of this chapter. The last rental amount charged prior to the expiration of the exemption period shall be established as the base rent. Any dispute as to the exemption status of the property under this section shall be determined by the Rent Regulation Officer, subject to an appeal to the Rent Leveling and Stabilization Board.
[Added 2-1-2023 by Ord. No. B-532]
[1]
Editor's Note: Former Subsection H, Limitation of applicability, added 12-21-1988 by Ord. No. P-27, was repealed 2-15-1989 by Ord. No. P-42.
[Added 7-12-2000 by Ord. No. R-449; amended 9-6-2000 by Ord. No. R-455; 7-9-2025 by Ord. No. B-778; 10-22-2025 by Ord. No. B-818]
If a contract between a landlord and a governmental agency duly provides for that governmental agency to regulate the amount of rent received by that landlord, and if the authority of that governmental agency supersedes the authority of the City of Hoboken to regulate such rents, then the application of this chapter shall be preempted during the period of governmental agency regulation specified in the contract. Until such a contract begins, and immediately after the contract terminates, this chapter shall operate to regulate such rents. Upon termination of such a contract, the "base rent" for dwelling units under this section shall be the last rent level received and retained by the landlord prior to the termination of the preemptive governmental agency regulation reduced by an amount equal to the sum of all applicable, itemized, and identifiable water, sewer, capital improvement, and any other surcharges as defined by this chapter, and calculated by the Rent Regulation Officer for inclusion in a new legal rent under this chapter. Furthermore, "base rent," when calculated by the Rent Regulation Officer, shall not include any surcharge or portion thereof that may have been received and/or collected by the landlord but not retained by the landlord as income prior to the termination of the preemptive governmental agency regulation, such as a surcharge that is based upon a tenant's income (whether said surcharge is referred to as an "income surcharge" or by another name) that was previously included in the last rent received and paid to other entities after collection. The landlord shall submit proof of previous rent paid in accordance with § 155-1.1 of this chapter.