A.
The Township of Haddon enacted a rent control ordinance on November
1, 1983, to address a housing emergency within the Township created
by housing demolitions, deterioration of existing housing stock, insufficient
new housing construction, increased cost of construction and maintenance
and growing inflation which in turn caused high rents and a substantial
and increasing shortage of rental housing accommodations for families
of low and moderate income.
B.
The governing body has determined that a housing emergency continues
to exist within the Township as a result of continued deterioration
of existing housing stock, insufficient new housing construction and
a higher-than-normal demand for rental housing accommodations for
families of low and moderate income created by the global economic
downturn and high unemployment rates.
C.
During a housing emergency, residential tenants fear being evicted
without just cause and are discouraged from complaining about exorbitant
rent increases or continued deterioration of housing conditions, which
fears perpetuate harmful living conditions.
D.
The existing housing emergency makes it necessary for the Township
to regulate, control and stabilize rents and warrants legislative
action by the governing body to protect the public health, safety
and general welfare of the citizens and residents of the Township
of Haddon.
E.
Such legislative action shall serve the interests of tenants, landlords
and the Township of Haddon as follows:
(1)
By assuring tenants' occupancy of well-maintained and improved
housing at fair and reasonable levels of rent;
(2)
By assuring landlords rental income that will yield a fair return
on their investments while affording them an opportunity to make expenditures
designed to upgrade the quality of the housing stock; and
(3)
By assuring the fiscal well-being of the Township to the extent that
such well-being is based on the taxing of real property, the welfare
of tenants and landlords, the preservation of sufficient good-quality
housing and the enhancement of the neighborhoods within the community.
F.
Except as otherwise set forth, it is the intent of this chapter to
exercise control over rents in existing housing stock to the maximum
extent, excluding control over federally and state subsidized housing.
As used in this chapter, unless otherwise required by the context,
the following terms shall have the meanings indicated:
Refers to dwelling units or housing space fit for habitation,
as defined by the statutes, codes and ordinances in effect in the
State of New Jersey, County of Camden and Township of Haddon, and
offered for rent, whether occupied or unoccupied.
The rent legally enforced as of the effective date of this
chapter. "Base rent" shall include the legally enforced rent and any
permitted increases as provided for in this chapter, including but
not limited to consumer price index increases, and hardship increases,
but excluding capital improvement increases.
The Haddon Township Rent Control Board established by this
chapter.
A permanent improvement that is reasonably expected to last
more than five years and must be subject to allowances for depreciation
under the Internal Revenue Code. The term "capital improvement" shall
mean that improvement, addition or contribution which materially adds
to the value or utility of the property or appreciably prolongs its
useful life, as opposed to a repair which maintains the property in
an ordinarily efficient operating condition, such as normal and regular
maintenance.
Any use which is primarily for business activity, such as
retail, wholesale, marketing, office, warehouse or any similar nonresidential
activity.
The consumer price index (all items) for that region of the
United States of which the Township of Haddon is a part, which is
published periodically by the United States Department of Labor, Bureau
of Labor Statistics.
Any building or structure, and the land appurtenant thereto,
which contains dwelling units or housing space rented or offered for
rent to one or more tenants or family units. In the case of apartment
complexes where federally subsidized units are mixed with unsubsidized
units, only those units which are unsubsidized are subject to this
chapter. For purposes of this chapter, "dwelling" or "dwellings" do
not include public housing and dwelling space in any motel, hotel
or any other premises primarily serving transient guests and all multiunit
dwellings that are newly constructed and rented for the first time
after the effective date of this chapter.
Any room or rooms, suite, flat, apartment, condominium or
cooperative unit located within a dwelling, as defined in this chapter,
whether furnished or unfurnished, which is occupied or intended, arranged
or designed to be occupied for dwelling purposes by one or more persons,
together with all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use or occupancy thereof.
For purposes of this chapter, efficiency apartments constitute dwelling
units.
The Board of Commissioners of the Township of Haddon.
All income resulting directly or indirectly from the operation
of housing space and the dwelling, including but not limited to all
rent received or collectible from an arm's-length transaction,
the true economic rent in the case of a less-than-arm's-length
transaction, the landlord's share of interest on security deposits,
late fees, pet fees, parking fees, pool fees, key charges, finder's
fees, amounts realized from successful tax appeals, income from rebates,
capital improvements, surcharges, heating fuel surcharges, rent increases
and hardship increases computed in accordance with the provisions
and limitations of this chapter.
Services provided to a tenant in a dwelling unit or housing
space as part of the rent charged to the tenant. Housing services
include but are not limited to the provision of electric power, heat,
hot and cold water, elevator service (where applicable), air conditioning
(where applicable), storm windows and screens, superintendent services
(where applicable), kitchen, bath and laundry facilities and privileges,
refuse removal, furnishings, parking, and any other benefit, privilege
or facility connected with the use or occupancy of any proportionate
part of the dwelling or services provided to common facilities of
the building or dwelling in which a dwelling unit is contained, including
repairs, replacements, painting and general maintenance thereof.
A dwelling unitk, as defined above.
A vacancy rate of housing space of less than 10% or as the
state shall provide if a lesser percentage.
Any person, persons, organization(s), corporation(s), partnership(s)
or like entity(ies) which owns, lets or sublets a dwelling or dwelling
units, as defined herein, including any agent or successor thereof.
For purposes of this chapter, any person entitled to receive rent
for the use and occupancy of a housing space is considered to be a
landlord hereunder.
Gross maximized annual income less reasonable and necessary
operating expenses.
Any month-to-month tenancy or any tenancy at will or sufferance
or any tenancy having a term of less than one year.
All actual expenses incurred and paid by a landlord for a
dwelling, as defined in this chapter, during the period reflected
in income, computed in accordance with the provisions and limitations
of this chapter, excluding debt service costs and depreciation charges.
Any price charged for the use and occupancy of a housing
space, including any bonus, benefit, gratuity or other charge, no
matter how categorized, which is demanded or received by the landlord
and paid by the tenant for the use of any service in connection with
the housing space such as, but not limited to, moneys demanded or
paid for parking, heat and utilities, pets, use of furniture and subletting.
In the event that rent is paid upon some interval other than one month,
then the monthly rent shall be calculated by apportioning the rent
so as to determine the sum for the term of one month.
For purposes of this chapter, all rooms and rents hereunder
shall be calculated by room or unit space as follows:
When the dwelling and dwelling units are essentially in compliance
with state, local and municipal health, safety, housing and fire codes,
including but not limited to the Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq.
Any person or persons who lease, sublease or otherwise are
entitled to use and occupy a dwelling unit or housing space, as defined
above, under the terms of a rental housing agreement.
That percentage of housing space available for rent to tenants
which is unoccupied and offered for rent.
A dwelling unit that has been voluntarily vacated by a tenant, as determined in accordance with the provisions of Article V of this chapter, and which has remained vacant for a period of 30 days or more.
[Added 8-27-2013 by Ord.
No. 1313]
