[Amended 8-27-2013 by Ord. No. 1313]
A.
Any application, complaint or request for a hearing submitted to
the Board pursuant to any provision of this chapter shall be filed
with the Rent Control Board Secretary on the form prescribed by the
Board, as same may be amended from time to time.
B.
The Board Secretary shall have 14 days from receipt of an application, complaint or request for a hearing to determine if it is complete. If the Board Secretary deems the submission complete, the matter shall be scheduled for a hearing in accordance with the provisions of Subsection C below. If the Board Secretary determines the application, complaint or request for a hearing is incomplete, the document shall be marked "INCOMPLETE" and shall be returned to the filing party with an explanation of the reasons it was so deemed. No application, complaint or request for a hearing shall be scheduled for hearing until the Board Secretary deems it complete.
C.
Scheduling hearings. An application, complaint or request for a hearing
which the Rent Control Secretary deems complete shall be scheduled
for a hearing by the Board Secretary who shall place the matter on
the agenda for the next regularly scheduled meeting of the Rent Control
Board; provided, however, that all interested parties shall be provided
no less than 21 days' notice of any hearing scheduled in accordance
with this subsection, subject to the following:
(1)
In
the event the next regularly scheduled Board meeting is less than
21 days from the date an application, complaint or request for hearing
is deemed complete, the matter shall be scheduled for hearing at the
next subsequent regularly scheduled Board meeting;
(2)
Notwithstanding
the above, the Board may, in its discretion and for good cause shown,
conduct a special meeting for the purpose of scheduling a hearing
on an application, complaint or request for a hearing which has been
deemed complete but for which notice cannot be delivered in the period
of time otherwise required to be scheduled for a hearing at the next
regularly scheduled meeting; and
(3)
Service
upon interested parties of the notice required by this article shall
be made by ordinary mail to each party's last known address.
D.
Inspection by Rent Control Officer.
(1)
If a complaint, application or request for a hearing filed in accordance with this chapter includes evidence that a dwelling, part of a dwelling or the property on which the dwelling is located is in disrepair, has been neglected or that the landlord has failed to make necessary maintenance or repairs thereto, or that the general condition thereof is such as to cause concern for the general health, safety or welfare of the residents of the dwelling and/or the Township, the Board Secretary shall refer the matter to the Rent Control Officer who shall perform an inspection of said dwelling and/or premises and file a report thereon with the Board in accordance with § 189-6 of this chapter.
(2)
Inspection
fees.
(b)
The above fees shall apply to each individual tenant complaint which results in an inspection by the Rent Control Officer. In no event, however, shall a landlord be required to pay each fee set forth in Subsection D(2)(a)[1] or [2] above more than one time for an inspection or inspections arising from the same tenant complaint.
E.
At any hearing conducted by the Board pursuant to this chapter, all
parties may have assistance in presenting evidence and developing
their position from attorneys, legal workers, tenant union representatives
or any persons designated by said parties.
F.
At the
conclusion of a hearing held in accordance with this article, the
Board shall issue a decision, which decision shall be reduced to writing
by the Rent Control Board and shall become effective upon adoption
by the Board at the next Board meeting. A copy of the Board’s
decision shall be delivered to the landlord and the tenant via regular
mail within seven days of the Board’s adoption of same, by delivering
same to the landlord at the business address shown on the landlord’s
last registration renewal and to the tenant at his/her last known
address. Any party affected by the decision may submit to the Rent
Control Secretary a written request to receive a copy of the decision
prior to its adoption by the Board; provided, however, that the decision
shall not be binding or become effective until adopted by the Board
as set forth above.
A.
Any decision of the Rent Control Board issued as a result of a hearing
held pursuant to any part of this chapter may be appealed to the governing
body by either the landlord or the tenant. All appeals filed pursuant
to this section shall be filed with the Township Clerk 20 business
days from the date of receipt of the Board's decision. In the
event an appeal is filed in accordance with this chapter, the parties
of such appeal shall abide by the decision of the Rent Control Board
until the issues raised by the appeal are finally adjudicated.
B.
The appealing party shall provide written notice, by ordinary mail,
to all parties, as follows:
(1)
If the landlord institutes the appeal, to all tenants who may be
affected by the disposition of the appeal;
(2)
If the tenant(s) institutes the appeal, to the landlord and the landlord's
registered agent;
(3)
To the Rent Control Board Secretary; and
(4)
To all other parties having an interest in the outcome of the dispute.
C.
The notice of appeal required by this section shall indicate the
caption of the matter, the date, time and place of the hearing being
appealed and a description of the nature of the matter on appeal.
D.
The filing and hearing of all appeals to the governing body pursuant
to this section shall be conducted in accordance with the Code of
the Township of Haddon.
A.
No landlord shall discriminate in any manner against any tenant who
lawfully exercises any right or privilege granted by this chapter,
nor shall any tenant exercise any right or privilege granted by this
chapter in bad faith in order to unlawfully harass any landlord or
to gain any unlawful advantage over any landlord for any purpose not
contemplated by this chapter.
B.
No landlord or tenant shall terminate any tenancy or lease, except
in accordance with the terms of the lease and/or N.J.S.A. 2A:18-53
et seq., during the pendency of any complaint or request for a hearing
or prior to the determination of the Board thereon. Thereafter, a
tenant or a landlord may terminate a tenancy or lease upon the refusal
of the landlord or the tenant, as the case may be, to comply with
any lawful determination of the Board.
C.
No landlord of housing space to which this chapter is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of the dwelling unit, whether by summary dispossess proceedings, civil action for the possession of the land or otherwise, as a reprisal for the tenant's efforts to secure or enforce any rights under his leasehold arrangement or under this chapter. Such unlawful reprisal on the part of the landlord shall be punishable by the penalties set forth in § 189-23.
A.
All applications, complaints, statements of objection or requests
for a hearing before the Board shall be filed with the fee provided
in Chapter III, Fees, which fee shall be added to the general revenues
of the Township of Haddon.
B.
Except where otherwise stated herein, all applications, complaints,
statements of objection or requests for a hearing before the Board
shall be accompanied by an escrow deposit in the amount provided in
Chapter III, Fees. If, after hearing the objection or hearing request,
the Board shall determine that such objection or hearing request was
substantially without merit or intended to be vexatious or frivolous,
the escrow shall be awarded to the defending party to defray such
defending party's costs of defense. If the Board determines that
the objection or hearing request was not entered for any of the above
reasons, the escrow deposit shall be returned to the person depositing
it.
