A. 
Establishment of rent for any housing space governed by this chapter shall be subject to and within the limitations set forth in the terms and provisions of this chapter; and it shall be unlawful for any landlord of such housing space to demand, receive or collect any rent in excess of that provided for in this chapter, except increases as may be granted pursuant hereto.
B. 
The following housing spaces or dwelling units shall not be subject to the terms and provisions of this chapter regarding rent control:
(1) 
Any housing space or dwelling unit rented or offered for rent for the first time after the effective date of this chapter;
(2) 
Any housing space or dwelling unit which receives an initial certificate of occupancy after the effective date of this chapter; and
(3) 
Any housing space or dwelling unit constructed in a redevelopment area in accordance with the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., except where otherwise provided in any ordinance designating an area in need of redevelopment or in a redeveloper's agreement entered into pursuant thereto.
C. 
The Board shall report quarterly, in writing, to the governing body the vacancy rate of housing space as determined in accordance with the information reported by landlords pursuant to §§ 189-14 and 189-16.
D. 
In the event the quarterly report required by Subsection C above discloses the existence of a housing state of emergency, the control provisions of this chapter shall be operative and in full force and effect. If the quarterly report by the Board shows that a housing state of emergency no longer exists, then the control provisions of this chapter shall not be in effect until the quarterly report of the Board shall again disclose the existence of a housing state of emergency.
E. 
Notwithstanding anything in this chapter to the contrary, the registration, registration fee, reports and filing requirements of this chapter shall remain in full force and effect whether or not there exists a housing state of emergency as defined herein.
A. 
The base rent for rental of housing space and services in dwellings to which this chapter is applicable is hereby established at the rent level received by the landlord as of the date this chapter becomes effective, and no rental increase shall thereafter be instituted except in accordance with this chapter.
B. 
It shall be unlawful for any landlord of a multiple-dwelling housing space to demand, receive or collect any rental increase more than once in any twelve-month period; to demand, receive or collect any rental increase in excess of the limitations established in this chapter; or to otherwise violate any provision of this chapter; provided, however, that it shall not be unlawful for any landlord of a housing space to demand, receive or collect any rental increase which is otherwise approved and/or authorized in accordance with this chapter.
Establishment of annual rent increases for any housing space or dwelling unit subject to the provisions of this chapter shall be determined in accordance with and pursuant to the following procedures:
A. 
At the expiration of a lease or the termination of a periodic tenancy, no landlord may demand, receive or collect a percentage increase in rent for any housing space which is greater than the percentage increase established by the Rent Control Board in September of each year for the next calendar year. The Board shall establish the standard rent increase by averaging the increases in the consumer price index (CPI) for urban wage earner and clerical workers as supplied by the United States Department of Labor for the Philadelphia/New Jersey geographical region through the New York-Newark-Jersey City, NY-NJ-PA or Philadelphia-Camden-Wilmington, PA-NJ-DE-MD CPI indexes, whichever average is lower, for a twelve-month period beginning in July of the previous year and ending June of the year in which the Board is making its determination. No such annual rent increase shall exceed 4%.
[Amended 7-25-2023 by Ord. No. 1443]
B. 
Every application for an annual rent increase submitted in accordance with this chapter shall be approved or denied by the Board at a public hearing thereon. The Board shall not have jurisdiction to consider an application for an annual rent increase, and same shall not be scheduled for hearing before the Board, unless the following procedures have been met:
[Amended 8-27-2013 by Ord. No. 1313]
(1) 
At least 60 days prior to the date of the proposed annual rent increase, the landlord shall submit a written application to the Rent Control Board Secretary and shall supply a copy of same to every tenant effected by the proposed increase;
(2) 
The application required by this section shall set forth the unit or units for which the annual rent increase is being sought, the date on which the proposed rent increase would become effective and the amount established by the Rent Control Board for the new rental period;
(3) 
The Rent Control Board Secretary shall review the application to verify the calculations contained in the application and the propriety and accuracy of the consumer price indicators used in the calculations. If either the calculations or the consumer price indicators, or both, used in the application under review are erroneous, the Rent Control Board Secretary shall recalculate the allowable rent increase, if any;
(4) 
The Rent Control Board Secretary shall notify the landlord, in writing, within 15 days of the date of the receipt of the application, whether the proposed rent increase is accurate or, if the proposed rent increase was inaccurate, of the recalculated allowable rental increase, as the case may be; and
(5) 
The Rent Control Board Secretary also shall verify that any landlord seeking an annual rent increase is in compliance with all other provisions of this chapter, including but not limited to the requirements set forth in Article IV, Landlord Requirements. No annual rent increase shall be approved by the Rent Control Board unless the Board determines, upon a report and/or testimony of the Rent Control Secretary and/or Rent Control Officer, that the landlord is in compliance with all other provisions of this chapter.
C. 
Except for hardship increases and capital improvement increases authorized in accordance with this chapter, any rental increase imposed, demanded, received or collected at a time other than at the expiration of a lease or termination of a periodic tenancy shall be void. Any rent increase in excess of that authorized by the provisions of this chapter shall be void. No landlord shall increase the rent to any tenant more than once in any twelve-month period, except in the case of landlord hardship increases pursuant to § 189-10.
D. 
The landlord shall remain in substantial compliance with the Regulations for Maintenance of Hotels and Multiple Dwellings (Chapter 10 of Title 5 of the New Jersey Administrative Code) and shall so certify. In the event that the landlord is not in substantial compliance with that regulation or this chapter, or has not maintained the dwelling in accordance with the filed schedule of maintenance required by § 189-15, no increase in rents shall be permitted under this or any other section of this chapter.
E. 
Any rental increase granted hereunder shall go into effect in the first month following final disposition of the application for same. The effective date of an increase granted hereunder shall in no way alter the regular date of the annual increase for any tenant affected thereby, even if the effective date is different than the tenant's regular annual increase date. Notwithstanding the above, the Board, in its sole discretion and for good cause shown, may approve a rent increase application to be effective on the date requested by the landlord or such other date as the Board deems appropriate. In no event, however, shall the Board approve an increase for a period of time more than three months after the meeting of the Board at which an application for annual rent increase is considered. For instance, at a January meeting, the Board may not approve increases for any month after April of that year.
[Amended 8-27-2013 by Ord. No. 1313]
F. 
In any instance where a landlord’s compliance with this section has been raised as an issue before and/or by the Board, the burden of proof shall rest with the landlord to demonstrate, to the Board’s satisfaction, in its sole discretion, that rent increases have not been illegally collected in violation of the provisions of this chapter.
[Added 8-27-2013 by Ord. No. 1313]
Whenever, during the existence of a housing state of emergency, a landlord shall determine that reasonable and necessary operating expenses (computed in accordance with the provisions of this chapter) are greater than 60% of the gross maximized annual income of a housing space or dwelling unit in common ownership and operation by the same landlord, then such landlord may make application to the Board for an increase in rent on account of hardship.
A. 
Hardship application.
(1) 
The landlord shall file a hardship application with the Board as provided in this section, together with all certifications required herein, including a certification by the landlord and/or his agent to demonstrate that the landlord is entitled to an increase in rents based on hardship.
(2) 
The application shall include the amount of increase and percentage of increase requested, together with all necessary information and documentation to support the request for a hardship increase, including but not limited to:
(a) 
Documentation showing at least three years of income and expenses;
(b) 
Three years of federal and state income tax returns;
(c) 
Certified financial statements of the landlord; and
(d) 
Such other books, records and reports as the Board shall request in order to properly consider the application.
(3) 
At the time the landlord files a hardship application in accordance with this section, the landlord simultaneously shall notify, in writing, all tenants affected by the hardship application that such application has been filed and is available to any tenant requesting the same.
(4) 
A landlord's application filed pursuant to the requirements of this chapter shall be accompanied by an application fee as provided in Chapter 111, Fees.
(5) 
Escrow deposit.
(a) 
A hardship application filed pursuant to this chapter shall be accompanied by an escrow deposit computed by multiplying the number of proposed affected housing spaces by $5 per housing space, but in no event shall the escrow deposit be less than $1,000;
(b) 
The total escrow deposit collected pursuant to Subsection A(5)(a) above shall be placed in an escrow account by the Township Clerk, to be applied to the payment of any services rendered by an accountant, auditor, real estate appraiser or other professional retained by the Board pursuant to the provisions of this chapter to aid or assist in the Board's review and consideration of a hardship application submitted pursuant to this section; and
(c) 
The balance, if any, of the amount deposited in the escrow account after payment to such persons shall be returned to the party depositing the money in escrow upon final decision of the Board.
B. 
Landlord certification. In any application for an increase of rent on the basis of hardship, the landlord shall specifically certify that:
(1) 
The dwelling and all housing space or dwelling units therein are in a safe and sanitary condition and in substantial compliance with all local and state health and building codes. By way of verification as to compliance with the aforesaid codes, the applicant shall, within 30 days of the date of filing of any application for relief pursuant to this section, submit a report of inspection conducted by the Rent Control Officer. The aforesaid report of the Rent Control Officer shall set forth either that the dwelling or dwelling units are in substantial compliance with the Regulations for the Maintenance of Hotels and Multiple Dwellings or shall set forth the circumstances and regulatory provisions serving as the basis for noncompliance with the aforesaid regulations;
(2) 
The landlord is in substantial compliance with all state and local laws pertaining to tenant's rights; and
(3) 
All rentals collected and charges imposed, including those arising out of any nonresidential use, result from arm's-length transactions.
C. 
Compliance by landlord. If, at any time during the course of consideration of an application for an increase in rent due to hardship pursuant to the provisions of this section, the Board shall determine that the landlord is not in substantial compliance with any or all of the above, the Board may temporarily withhold further consideration of the application for a hardship increase until such time as the landlord has corrected any such deficiency. The time period for the Board to make a decision as set forth in Subsection F below will be extended if the Board makes a determination that the landlord is not in substantial compliance with the above provisions.
D. 
Gross maximized annual income. In computing gross maximized annual income under this chapter, the following limitations shall apply in all cases:
(1) 
Income and expenses arising out of a nonresidential use, including that for professional or commercial space, shall result from arm's-length transactions; and
(2) 
No loss caused by a nonresidential use may be considered.
E. 
Reasonable and necessary operating expenses. In computing reasonable and necessary operating expenses under this chapter, the following limitations shall apply in all cases:
(1) 
Property taxes shall be limited to amounts actually paid, including those in escrow for appeal;
(2) 
Repairs and maintenance shall be reasonable and necessary;
(3) 
Legal and auditing expenses shall be limited to reasonable and necessary costs of the operation of the property and shall be itemized on the application; provided, however, that no legal expenses or auditing expenses shall be allowed as a deduction which do not directly result from the landlord-tenant relationship;
(4) 
Management fees shall be limited to actual services performed in the rental of residential housing space and shall not exceed 6% of gross maximized annual income;
(5) 
Salaries not included in management fees shall be limited to actual services performed and amounts for similar positions in the area, including rental value, if included in income and expenses and wages and benefits paid;
(6) 
Advertising expenses shall be limited to actual costs that are reasonable to ensure occupancy and personnel employment needs of the landlord;
(7) 
Utilities, including but not limited to gas, electric, water and oil, shall derive from arm's-length transactions, and the landlord shall demonstrate that all reasonable efforts to conserve energy and fuels have been used;
(8) 
Insurance shall be prorated over the duration of any insurance policies and shall not include the landlord's life, medical or other personal policies;
(9) 
No penalties or fines of any kind, nor interest on such penalties and fines, shall be allowed;
(10) 
No allowance shall be made for debt service (principal and/or interest) in the computation of operating expenses, except that as permitted by § 189-11F.
F. 
Public hearing; time of decision.
(1) 
The Board shall hold a public hearing within 45 days of receipt of a completed hardship application, or 30 days in the event of federal- or state-involved housing.
(2) 
The Rent Control Board Secretary shall notify the landlord of the date of public hearing at least 14 days before the date set by the Board. At least 10 days before the hearing date, the landlord shall provide, in writing, notice of said hearing to all tenants affected by the hardship application.
(3) 
If, due to no fault of the landlord, the Board cannot hear the application within 45 days and reach a determination 30 days thereafter, the landlord shall be entitled, upon notice to the tenants affected, to collect the amount requested, provided that the amount does not exceed 10% above the current rent. If the amount exceeds 10% above the current rent, the landlord shall be limited to only 10% until the determination has been reached by the Board; provided, however, that the Board may proceed to stay the increase by resolution if, in fact, the delay has been contributed to or caused by the conduct of the landlord or if the landlord agrees to such stay.
(4) 
Any increase paid by the tenant pursuant to Subsection F(3) above shall be paid without prejudice, and if the Board determines that a lesser amount of increase or no increase should be allowed, the tenant paying the increase shall be permitted to an immediate deduction or offset against rents becoming due and owing equal to all excess rents paid after written notice to the landlord of the amount involved.
(5) 
If, after a full hearing, the Board shall determine that the landlord is in full compliance with the provisions of this chapter, it shall permit a rental increase sufficient to establish the sixty-percent relation of fair net operating income, and any increase granted under a fair net operating income formula shall be prorated to all of the units of housing space within the dwelling based upon the number of rooms per unit or unit space.
G. 
General limitations.
(1) 
A hardship increase shall be for a period not less than one year;
(2) 
A hardship increase shall be paid in equal monthly payments for the term approved by the Board and shall be payable on the same date as the payment of the rental charge;
(3) 
No more than one hardship increase shall be granted in any one twelve-month period, except in demonstrated extraordinary circumstances beyond the landlord's control occurring subsequent to an approved hardship increase;
(4) 
No hardship increase shall be granted for any housing space if the dwelling or any part thereof shall be subject to violations issued by any government agency prior to the filing of the application seeking the increase; provided, however, that the Board may waive this provision upon a showing by the landlord that the landlord has attempted to rectify the violation but has been unable to do so due to conditions beyond his reasonable control; and
(5) 
A hardship increase shall not be considered rent for purposes of computing rent or rent increases under § 189-8 or 189-9 nor for the computation of rental security deposits.
A. 
When application required.
(1) 
A property owner shall be entitled to recover 50% of the cost of a mandated capital improvement, as defined below. Upon completion of any mandatory capital improvement project, a landlord shall apply to the Rent Control Board, which shall determine the true cost of such improvement and shall establish an amortization period. For purposes of this section, a "mandated capital improvement project" shall be defined as a capital improvement mandated by any governmental agency or any of the following:
(a) 
Wiring that substantially increases electrical capacity;
(b) 
New insulation that substantially improves energy efficiency;
(c) 
Storm windows and doors which do not replace existing storm windows or doors;
(d) 
Installation of a new heating plant that substantially increases energy efficiency; or
(e) 
Installation of a complete new roof.
(2) 
For any major capital improvement other than one as set forth in Subsection A(1) above, the landlord shall file with the Board an application for permission to charge tenants a capital improvement surcharge.
(3) 
In order for any improvement to be considered a capital improvement for purposes of this section, such improvement must be treated as a capital improvement on the landlord's federal income tax return, a certified copy of which shall be supplied to the Board either with the application as required in § 189-11B below or upon request of the Board.
B. 
Application requirements.
(1) 
The landlord shall make application to the Board as provided in this section, together with all certifications required herein, including a certification by the landlord and/or his agent to demonstrate that the proposed or completed capital improvement was necessary and that the projected or actual cost of same was the lowest reasonable cost for the proposed or completed improvement.
(2) 
An application filed pursuant to this section shall include the following:
(a) 
The total cost of the completed or proposed capital improvement;
(b) 
The number of years necessary to recover costs as claimed by the landlord for federal income tax purposes;
(c) 
The average annual cost of the improvement;
(d) 
The total number of rooms in the dwelling for which the capital improvement is required;
(e) 
The total number of rooms or unit spaces occupied by the tenant;
(f) 
A certified, true, complete copy of the applicant's federal income tax return wherein such improvement is reflected; or, if such improvement is made subsequent to the approval of the Board, the applicant shall supply to the Board at the time it is filed with the Internal Revenue Service a certified true complete copy of the first federal income tax return filed thereafter wherein such improvement is reflected;
(g) 
A certification executed by the landlord verifying that the landlord has signed contracts with such contractors as will perform the work or provide the services to complete the proposed improvement, subject only to approval of the landlord's capital improvement surcharge application by the Board;
(h) 
A completed application for a building permit, which shall be submitted to the Construction Official of the Township of Haddon, in the event that the capital improvement surcharge is granted by the Board;
(i) 
Such other books, records and reports as the Board shall request in order to properly consider the application; and
(j) 
An application fee in the amount set forth in Chapter 111, Fees.
(3) 
Contemporaneously with or prior to the filing of an application for a capital improvement surcharge in accordance with this section, the landlord shall notify, in writing, each affected tenant that such application has been or will be filed and is available to any tenant requesting the same; provided, however, that the notice required by this section shall include the information required by Subsection B(2)(a) through (e) above.
(4) 
A landlord applying for a capital improvement surcharge shall certify that the landlord is not reducing, has not reduced and will not reduce maintenance in order to complete the capital improvement.
C. 
Computation of capital improvement surcharge. For purposes of calculating a capital improvement surcharge, the cost of such improvement shall be divided by the applicable cost recovery period, as stated above. The resulting average annual cost of such improvement shall be divided by the total number of rooms or unit spaces in the dwelling to arrive at the average annual cost per room or unit space, which amount shall be multiplied by the number of rooms/unit spaces occupied by the tenant to arrive at such tenant's share of any capital improvement surcharge. The capital improvement surcharge shall not exceed 10% of the tenant's presurcharge rent for each approved capital improvement.
D. 
Collection of capital improvement surcharge; surcharge not rent.
(1) 
A landlord shall be allowed a surcharge for completed approved capital improvements for those projects completed in the year of application and the preceding two years.
(2) 
All capital improvement surcharges shall be paid in equal monthly payments for the period of the surcharge on the same date as the payment of the rental charge. All tenants shall be notified of the calculations involved in determining the surcharge.
(3) 
Upon approval of any capital improvement surcharge, the landlord may, subject to applicable law, immediately begin collecting from the tenants the approved surcharge.
(4) 
No capital improvement surcharge shall be considered rent for purposes of computing the permissible annual rent increases provided for in § 189-10 of this chapter nor for the computation of rental security deposits.
E. 
Upon completion of any capital improvement approved by the Board pursuant to this section, the landlord shall certify to, and supply such documentation thereof as the Board shall reasonably request, all charges and costs incurred in completing the improvement, and the Board shall require that any previously approved surcharge be adjusted in accordance therewith.
F. 
Any other provisions of this chapter notwithstanding, interest charged the landlord for an approved capital improvement shall be allowed as an operating expense under § 189-10E(10).
A. 
In addition to any rent increase or other surcharge permitted by this chapter, and subject to the requirements of this section, landlords shall be permitted to pass through to tenants as an additional surcharge any increase in the following costs and/or expenses:
(1) 
Property taxes;
(2) 
Water and sewer charges, whether the assessments are charged by the Township or the Camden County Municipal Utilities Authority; and
(3) 
Heating fuel costs.
B. 
Any landlord seeking to impose a rent surcharge under this section shall be required to submit an application to the Board in accordance with Subsection C below and shall simultaneously give notice to the tenant(s) and the Rent Control Board Secretary of the calculations involved in computing the proposed property tax, water, sewer or heating fuel surcharge. The notice required by this section shall include the following information:
(1) 
The present property tax, water, sewer or heating fuel cost, as the case may be, for the dwelling(s);
(2) 
The property tax, water, sewer or heating fuel cost, as the case may be, for the dwelling(s) for the previous year;
(3) 
The number of square feet of floor space within the dwelling(s);
(4) 
The area, calculated in square feet, of all common areas within the dwelling(s); and
(5) 
The property tax, water or sewer increase per square foot of floor space, or in the case of a heating fuel surcharge, the amount of the fuel increase per heated cubic foot of housing space for each dwelling unit;
(6) 
The proportionate share of said increase attributable to the common areas; and
(7) 
The proposed surcharge to be paid by each tenant, calculated as follows:
(a) 
The property tax, water or sewer increase per square foot of floor space, or in the case of heating fuel surcharge, the amount of the fuel increase per heated cubic foot of housing space for each dwelling unit occupied by the tenant; plus
(b) 
Each such dwelling unit's proportionate share of the cost increase attributable to the common areas, calculated by dividing the total area within the dwelling which is used as a common area available to all tenants by the number of dwelling units within the dwelling.
C. 
Applications for permitted surcharge; procedure.
(1) 
Pursuant to Subsection B above, every landlord must submit to the Board a written application for a surcharge permitted by this section. Said application shall be served upon the Rent Control Office Board Secretary by certified mail, return receipt requested, or by personal delivery to the Rent Control Office Board Secretary. The landlord shall pay $10 per unit per application. Every application for the imposition of such surcharges shall set forth the following:
(a) 
The property is in substantial compliance with all state and local building/maintenance codes. The landlord shall furnish a copy of the last report of inspection or shall request an inspection of the unit in conjunction with this application in order to demonstrate such compliance;
(b) 
The landlord is in compliance with the provisions of Article IV of this chapter; and
(c) 
All taxes (if tax surcharge is sought) or water and sewer payments (if water and/or sewer surcharge is sought) have been fully paid and are current or that an appeal of such assessments has been filed, in which case a copy of the appeal also shall be submitted.
(2) 
Upon receipt of an application for additional surcharge(s) under this section, the Rent Control Board Secretary shall, within seven (7) days, notify the landlord of any deficiencies in the application. Said notification shall be sent to the landlord by certified mail, return receipt requested. The Board shall take no further action on the landlord's request to impose surcharges until such time as all deficiencies are satisfied. Once satisfied, the landlord shall receive written notice from the Rent Control Board Secretary that the application is under review, which notice shall be sent by certified mail, return receipt requested.
(3) 
The Board shall review the landlord's calculations for any proposed surcharge, including the information required in Subsection B above, within 30 days from the date the landlord receives notice that the application is under review.
(4) 
Such review shall be completed, and a decision shall be issued, at a meeting of the Board. In the event that the Board approves the requested surcharge(s), the landlord shall give notice to the tenants of said approval by ordinary mail and shall serve upon the Rent Control Board a sworn affidavit evidencing notice of the proposed surcharge on all tenants. The landlord shall thereafter forward to the Rent Control Board Secretary the original affidavit of service upon the tenants by certified mail, return receipt requested.
(5) 
In the event the Board approves the application but determines the landlord's calculations are incorrect, the Board shall correct the calculations and determine the proper amount of the surcharge and shall approve the application at the adjusted amounts.
D. 
Effective date. An approval issued by the Board in accordance with this section shall become effective within 14 days of service upon the Rent Control Board Secretary of the affidavit required in Subsection C(4) above.
E. 
Any permitted surcharge approved in accordance with this section shall continue in effect until such time as there is a decrease in property taxes or a lowering of the assessed evaluation of the property, a decrease in water and sewer charges or a decrease in heating fuel costs. In such case, the tenants shall be entitled to a credit in accordance with § 189-13 of this chapter.
F. 
General limitations.
(1) 
Property tax assessments, water and sewer assessments and heating fuel costs shall not be considered as a part of rent in calculating annual rent increases pursuant to § 189-9 of this chapter.
(2) 
Property tax assessments, water and sewer assessments and heating fuel costs shall not be used by any landlord as an expense in preparing a hardship application pursuant to § 189-10 of this chapter.
A. 
Credits for reduced assessments and decreased heating fuel costs. Tenants of housing space or dwelling units subject to rent control pursuant to this chapter shall be entitled to a credit against rent due and owing for decreases in property tax assessments, water and sewer assessments and heating fuel costs. Apportionment of a credit against rent required by this section shall be calculated in the same manner as a permitted surcharge as set forth in § 189-12B(6).
B. 
Rebates on tax appeals.
(1) 
In the event that a tax appeal is taken by the landlord for taxes already paid and the landlord is successful in said appeal and taxes are reduced, the tenants of the affected dwelling unit(s) shall receive 75% of said reduction in the form of a rebate. The amount of each tenant's rebate shall be determined after deducting all reasonable expenses incurred by the landlord in prosecuting said appeal and shall be calculated in the same manner as described in § 189-12B(6).
(2) 
The landlord shall be deemed to have received his rebate upon his receipt thereof from the Township or upon the execution of any agreement with the Tax Assessor to credit the amount of the reduced taxes to any outstanding tax bill of the landlord.
(3) 
The landlord shall provide the tenants written notice that they will be receiving a rebate within 14 days from when the landlord receives notice that the property tax appeal was successful or 14 days from the landlord's execution of an agreement with the Tax Assessor, whichever the case may be. The notice required by this section shall include the amount of the rebate received by the landlord and the computation as to how much the tenant is entitled.
(4) 
The amount due the tenant shall be forwarded to the tenant within thirty (30) days from the date the landlord actually receives the rebate.
(5) 
In the event that the landlord fails to forward the tenant's share of any property tax rebate within the designated period, the tenant may file a complaint with the Rent Control Board.