[HISTORY: Adopted by the Board of Commissioners of the City
of Union City Ord. No. 1996-1 (Ch. XIV of the 1996 Revised General Ordinances); amended
in its entirety 5-21-2013. Subsequent amendments noted where applicable.]
A.
The character of the City of Union City has changed over the years;
the governing body has revised and amended the Rent Leveling Ordinance
to reflect those changes;
B.
The original Rent Control Ordinance was enacted in response to a
housing emergency crisis which existed in the early 1970s;
C.
Hudson County has lost $1,000,000,000 in tax ratables since 1992
as a result of successful residential and commercial tax appeals.
Since 1994, Union City has lost $40,000,000 as a result of successful
residential and commercial tax appeals;
D.
Housing conditions in the City have changed since the enactment of
the original Rent Control Ordinance; and
E.
In light of the current economic conditions in the existing housing
market in the City, it is no longer in the public interest to maintain
rent control on all types of residential units.
A.
Applicability. The terms of this chapter apply to individual dwelling
units within a building, including condominium or cooperative units
in the process of being converted, or having been converted, rather
than to an individual tenant occupying a dwelling unit. An agreement
for occupancy of the dwelling unit shall not circumvent the application
of this chapter by titling the agreement as other than a lease, such
as, but not limited to a “use and occupancy agreement.”
[Amended 1-5-2016]
B.
Exceptions. This chapter shall not apply to:
(1)
Units in one-, two- and three-family buildings.
(2)
Units in four- , five- and six-family buildings that are owner-occupied.
Owners of four- , five- and six-family buildings, as part of their
registration, must file an affidavit, stating that they reside in
the building and comply with the regulations established by the Rent
Stabilization Board, which regulations shall set forth criteria to
establish proof of residency. The affidavit shall be in a form provided
by the office of the Rent Board Administrator. The burden remains
on the owner to demonstrate residency.
[Amended 3-1-2016]
(3)
Motels, hotels and similar type building and buildings intended for
transient use, floor space used strictly for commercial purposes in
any type building, including state-licensed rooming houses. Dwelling
units rented for the first time after the adoption of this chapter
are exempt, and the initial rent may be determined by the landlord,
but all subsequent rents shall be subject to the provisions of this
chapter.
(4)
New construction, consistent with state law, shall be exempt from
this chapter.
C.
Existing tenants; establishment of basic rent. Existing tenants will
continue to be protected by rent control while they remain in their
units. For these tenants, a landlord must still comply with the requirements
of this chapter. All rents established by landlords and tenants on
March 1, 1973, and any subsequent increase shall represent the base
rent from which permitted increases are calculated.
D.
Tenure of rent stabilization. This chapter shall remain in effect
until the Board of Commissioners determines, by ordinance, that rent
control is no longer necessary in the City of Union City and that
it is in the public interest to permit the unrestrained operation
of the competitive rental market.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit is fit for habitation as defined by the statutes,
codes and ordinances in full force and effect in the City, and is
occupied, or unoccupied and being offered for rent.
The Rent Stabilization Board.
That the housing space and dwelling are free from all heat,
hot water, elevator and all health, safety and fire code violations
as well as free of all other violations of the chapter, the Property
Maintenance Code and other applicable federal, state, county or local
laws or regulations.
The owner, or representative of the owner, of property containing
dwelling units covered by this chapter, who proposes to or takes any
action for the purpose of effecting a conversion of such property
or dwelling units, from some other form of ownership into a cooperative
or condominium form of ownership.
A cooperative housing association or corporation which entitles
the holder of a membership interest therein to possess and occupy
a unit of dwelling space owned and leased by such association or corporation.
The Division of Housing and Urban Renewal of the New Jersey
State Department of Community Affairs.
Any building or structure, including land, cooperative apartments
and condominium apartments, or trailer, or land used as a trailer
park, rented or offered for rent to one or more tenants or family
units. Furnished rooms are subject to the terms of this chapter notwithstanding
the fact that furniture is provided by the landlord and/or rent is
paid on a weekly or biweekly basis.
Any unit used for residential purposes, including both rental,
cooperatively owned and condominium units.
The value of the residential portion of real property, calculated
by dividing the assessed value of the property for municipal tax purposes,
by the equalization ratio published by the Director of the Division
of Taxation of the State of New Jersey, and multiplying the result
by the fraction of the square footage of the floor area of the building
and the area of the adjacent lot used for residential purposes, including
corridors, storage space, stairwells and other such uses required
in residential space, over the total square footage of the floor area
of the building and the area of the adjacent lot, with areas used
in common being allocated according to the same proportion.
Combinations of building units or tenants which shall be
recognized and permitted to proceed jointly if the Board finds a sufficient
common basis of interest, facts or related connection; but such representation
shall be established by appropriate landlord, tenants or others with
such direct interest in the premises. Persons without such direct
interests shall not represent a landlord, tenants or others, nor shall
the unauthorized practice of law or other profession be authorized
or permitted.
That portion of a dwelling rented or offered for rent for living
and dwelling purposes to one individual or family unit, together with
all privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy of such portion
of the property.
Includes a garage, carport or parking space, which garage, carport
or parking space is included in the agreement for the rental of housing
space.
That the landlord recovered possession of a housing space
or dwelling for one of the reasons outlined in N.J.S.A. 2A:18-61.1,
as amended. Removal of a tenant due to a change in ownership is not
permissible unless said removal is done in accordance with N.J.S.A.
2A:18-61.1.
As used in this chapter, the person who owns or purports
to own any building, structure or complex of buildings or structures
in which there is rented or offered for rent housing space for living
or dwelling purposes under either a written or an oral lease, provided
that this definition shall not include owner-occupied two- and three-family
dwelling premises.
The amount of total rentable space applicable to any given
housing space, measured either in terms of rooms or square footage.
Maintenance costs include real estate taxes, utility expenses,
expenses for repairs, upkeep and maintenance respecting a dwelling
unit, but shall not include principal or interest payments on any
blanket encumbrance or other mortgage or encumbrance.
A permanent improvement that is reasonably expected to last
more than three years. The improvement must benefit the dwelling and
must be subject to an allowance for depreciation under federal income
tax provisions, but the Rent Stabilization Board, taking all factors
into consideration, will make the ultimate determination.
The annual maintenance costs divided by 12.
All tenants, including monthly tenants, who do not have a
written lease.
The notice forwarded by the landlord to the tenant, or by
the tenant to the landlord, by letter or in any other form, setting
forth the proposed amount of rent increase, rent decrease or other
rent adjustment. Each such notice shall state in detail the reasons
justifying or requiring the rent increase, rent decrease or other
rent adjustment.
The statement which the landlord shall be required to sign
and deliver to the tenant, when requested by the tenant, and vice
versa, describing the housing space rented, the related services and
equipment involved, whether such include the use of the basement,
garage, clotheslines, washing utilities, heat, hot water, garbage
removal, repairs, maintenance and the like, and the base rent and
charge as of March 1, 1973, or other applicable date.
Resale of a dwelling unit means any sale subsequent to the
original sale thereof.
The Rent Stabilization Board Secretary.
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.
A structure which is completely vacant and unfit for human
habitation as defined by the statutes, codes and ordinances in full
force and effect in the State of New Jersey, County of Hudson and
City of Union City.
A.
Established. The Rent Stabilization Board, consisting of five members
as hereinafter established, is hereby continued in existence and maintained
as the Rent Stabilization Board of Union City.
B.
Composition; terms.
(1)
The Board shall consist of five members who shall be appointed by
the Board of Commissioners by resolution adopted by a majority vote
of the Commissioners. For reasons of continuity and in the best interests
of the public the terms of the first members appointed pursuant to
this subsection shall be staggered terms of one- , two- , three- ,
four- , and five-year term appointments.
(2)
Thereafter the term of office of the members of the Board shall be
for five years each. Each member shall serve without compensation,
but each shall receive such expenses and per diem allowances as the
Board of Commissioners, from time to time, may deem appropriate.
C.
Alternate members. In addition to the five members of the Rent Stabilization
Board, the Board of Commissioners, as it deems necessary, may appoint
two alternate members to the Rent Stabilization Board, by resolution
adopted by a majority vote of the Commissioners. The term of an alternate
member shall be for one year. If any vacancy should occur among the
regular members, then the Board of Commissioners may appoint either
of the alternate members to fill the unexpired term. An alternate
member shall be entitled to sit with, and participate as a member,
in any meeting of or hearing before the Board. An alternate member
who has attended the full hearing or hearings on a specific matter
may participate in, and may vote upon, any determination made during
the absence or disqualification of any regular member.
D.
Disqualification of member. No member or alternate member of the
Rent Stabilization Board shall be permitted to act on any matter in
which that individual has, either directly or indirectly, any personal
or financial interest.
E.
Powers of Board. The Rent Stabilization Board is hereby granted and
shall have and exercise all the powers necessary and appropriate to
carry out and execute the purposes of this chapter, including, but
not limited to, the following:
(1)
To issue and promulgate such rules and regulations as it deems necessary
to implement the purpose of this chapter, including, but not limited
to, the use of subpoenas, which rules and regulations shall have the
force of law until revised, repealed or amended, in its description,
providing that such rules are filed with the City Clerk.
(2)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
(3)
To hold hearings and adjudicate applications from landlords for adjustments
or additional rental, as herein provided.
(4)
To hold hearings and adjudicate applications from tenants for adjustment
or reduced rental, as herein provided.
(5)
To approve and accept a settlement or other agreement on the subject
matter of a dispute between a landlord and tenant.
(6)
To require a landlord to produce for examination his/her books, records,
tax returns, balance sheets, profit and loss statements and such other
records as the Board may require in connection with any application,
hearing, proceeding or purpose, as set forth herein.
(7)
The Rent Stabilization Board, upon an application by a landlord or
tenant or upon its own motion, may set a date for a hearing, consider
proofs and grant, deny, modify or otherwise adjust all rentals, by
increasing or decreasing same, and the Board may make such determinations
as to conditions, services, equipment, terms and related matters pertaining
to rentals and controlled premises as may be warranted within the
intent and purview of this chapter and applicable state laws.
F.
Quorums. A quorum for hearing shall consist of three members or alternate
members, and a majority shall be authorized to issue orders relating
to the powers and functions of the Board.
A.
Rent Regulation Officer; duties.
(1)
Position created. There is hereby created the position of Rent Regulation
Officer in the Department of Revenue and Finance.
(2)
Qualifications. The Rent Regulation Officer shall be appointed by
and under the direction of the Director of the Department of Revenue
and Finance.
(3)
Duties. The duties of the Rent Regulation Officer shall be as follows:
(a)
To obtain, keep and maintain all relevant records and other
data and information.
(b)
To supply information and assistance to landlords and tenants
and to bring together tenants and landlords in formal conferences
and suggest resolutions of conflicts between them in order to assist
them in complying with the provisions of this chapter.
(c)
To notify landlords that there is no record of compliance by
the landlord with the provisions of this chapter.
(d)
To remedy violations of this chapter by ordering rebates and
increases and bring appropriate legal charges as provided by this
chapter.
(e)
To accept and process complaints from tenants of illegal rental
increases and to investigate such complaints prior to any decision
being rendered.
(f)
To accept, process, review and investigate applications from
landlords for rental increases or surcharges under the hardship increase
or capital improvement recovery sections of this chapter.
(g)
To coordinate and supervise all staff associated with the operation
of this chapter.
(h)
To attend all meetings of the Rent Stabilization Board.
(i)
To perform such other duties as the Rent Stabilization Board
may specifically direct and as allowed by this chapter.
(j)
To process all complaints regarding the withholding of certain
residential units from the rental housing market with the City and
forward them to the Construction Code Official or his/her duly appointed
designee, whose responsibility shall be to conduct an investigation
in accordance with law. Upon completion of such investigation, a report
shall be issued to the Rent Regulation Officer, who shall be authorized
to issue a complaint in accordance with the above section.
(k)
With respect to any application that the Rent Regulation Officer receives from a tenant for a legal rent calculation complaint pursuant to §§ 334-4 and 334-5 above, a tenant shall in no case be entitled to a rent rebate for an illegally collected rent which accrues between the date of the filing of the legal rent complaint and the date of the final determination, which shall not be computed as part of the three-year rebate limitation.
(4)
Compensation. The Rent Regulation Officer shall receive such compensation
as established by the Board of Commissioners.
(5)
Term. The term of the Rent Regulation Officer shall be one year and
thereafter until a successor is chosen and qualifies.
(6)
Determination. Any determination of the Rent Regulation Officer under
this section or such duties as may be delegated to him/her by the
Rent Stabilization Board, by regulation, will be rendered by the officer,
in writing.
(7)
Appeal.
(a)
In the event an affected party wishes to appeal that determination, that party shall have 30 calendar days from the date of that decision to file a formal appeal of the determination with a fee as set forth in Chapter 155, Fees, of the Code of the City of Union City for each unit which is the subject of the appeal. The notice of appeal shall be forwarded to the Rent Leveling Office by ordinary and certified mail within that thirty-day period.
(b)
Upon receipt of the notice of appeal setting forth in detail
the grounds for the appeal and the required fee, the matter shall
be placed upon the Rent Stabilization Board agenda at the earliest
convenient date for determination. During the pendency of the appeal,
the rent for the subject unit shall be the rent as established by
the Rent Regulation Officer.
B.
Assistant Rent Regulation Officer.
(1)
Position created. There is hereby created the position of Assistant
Rent Regulation Officer in the Department of Revenue and Finance.
(2)
Qualifications. The Assistant Rent Regulation Officer shall be appointed
by and under the direction of the Director of the Department of Revenue
and Finance.
(3)
Duties. The duties of the Assistant Rent Regulation Officer shall
be to assist the Rent Regulation Officer in any and all matters which
may be required of him/her or delegated to him/her by the Rent Regulation
Officer, including those duties performed by the Rent Regulation Officer.
C.
Bilingual Principal Account Clerk/Typist, English and Spanish.
(1)
Position created. There is hereby created the office or position
of Bilingual Principal Account Clerk/Typist, English and Spanish,
in the Department of Revenue and Finance.
(2)
Appointment and salary. The appointment of the Bilingual Principal
Account Clerk/Typist, English and Spanish, shall be made by the Director
of the Department of Revenue and Finance. The person so appointed
shall be under the direction of the Director of the Department of
Revenue and Finance. The salary for this position shall be as set
forth by ordinance.
(3)
Qualifications. The qualifications of the Bilingual Principal Account
Clerk/Typist, English and Spanish, shall be as follows:
(4)
Duties. The duties of the Bilingual Principal Account Clerk/Typist,
English and Spanish, shall be:
(a)
To receive and categorize rent inquiries from tenants and landlords.
(b)
To prepare an agenda for Rent Stabilization Board meetings.
(c)
To schedule Rent Stabilization Board meetings and forward notification
of the dates and times of the meetings to the appointed members of
the Board and the Board's attorney.
(d)
To prepare and distribute legally required notification of the
meetings, such as newspaper advertisements, and the posting on designated
buildings involved in rent matters to be reviewed by the Board.
(e)
To calculate the proposed rent increases or reductions approved
by the Board.
(f)
To maintain files on all registered buildings covered under
the present Rent Stabilization Ordinance.
(g)
To assist tenants and landlords on the method and categories
for which rent increases or reductions may be applied for and coordinate
such request with the Rent Stabilization Board attorney.
(h)
To interpret the provisions of the present Rent Stabilization
Ordinance with the aid and assistance of the Rent Stabilization Board
attorney.
A.
Retention of professional services. In the event the Rent Stabilization
Board determines that a landlord or tenant's application for
relief contains calculations of a complex nature, then the Board,
in the interest of fairness and efficiency, may determine that the
services of professional experts are required to assist the Board
in evaluating and processing the application.
B.
Estimate of fee. Should the Board determine that professional assistance
is required, then the Board shall forthwith send a copy of the application
and supporting documents to any professional expert retained to assist
the Board in evaluating and processing the application. Within five
days of receipt thereof, the professional expert shall submit to the
Board and to the applicant an estimate of funds necessary to undertake
the professional services to be rendered.
C.
Escrow funds. The applicant shall forthwith deposit such funds in
an escrow account maintained by the City. The professional expert
shall submit vouchers for all reasonable and necessary fees for the
professional services rendered, which fees shall be paid from the
escrow account in the manner prescribed by N.J.S.A. 40A:5-16 through
40A:5-18 and the ordinances of the City of Union City. The professional
expert, at the time of submission of any such voucher, shall forward
a copy of same to the applicant.
D.
Appeal of fee. In the event that the applicant questions the reasonableness
of any such voucher, the applicant may make written protest of such
voucher to the Board. In no event shall the Board authorize the payment
of any voucher submitted pursuant to this section sooner than 10 days
after its submission. Any of the aforesaid moneys which are left in
the escrow account upon completion of the application shall be returned
to the applicant after the Board reaches its decision. Should additional
funds be required after the original funds are exhausted, such funds
as shall be necessary in the judgment of the Board shall be paid by
the applicant to the City and placed in the escrow account.
E.
Action upon application. The Board shall take no formal action on
any application unless and until all escrow funds have been deposited
with the City, and any time limitations set forth in this chapter
shall be extended until all such escrow funds are deposited with the
City.
A.
Opportunity to be heard. All interested persons shall be given the
opportunity to be heard, with or without counsel, except that the
Board, in its discretion, may limit repetitious testimony or ask that
a spokesperson for the tenants be appointed.
B.
The Rent Regulation Officer shall advise the appealing party of the
date of the initial hearing on an appeal of his or her determination.
The appealing party shall serve notice of the hearing date to the
nonappealing party by regular and certified mail, return receipt requested,
at least 20 days in advance of the hearing.
C.
Oral decision by Board. In the event the Board renders its decision
orally, immediately following the hearing the landlord shall notify
the tenants of the Board's decision if that decision affects
the rent or term of any tenancy. The notice shall be by regular and
certified mail, return receipt requested. Within 30 days thereof,
the landlord shall provide the Board with a copy of any notice served
upon any tenant. The Rent Stabilization Board shall not be required
to render its decision in writing unless requested to by the landlord
within 30 days of the hearing.
D.
Reserved decision. In the event the Board reserves decision, the
Board shall render a written decision within 45 days of the hearing
unless the Board, in its discretion, determines that an additional
hearing is necessary.
E.
Additional hearings. If an additional hearing is necessary, the Board
shall so notify the landlord within 20 days of the initial hearing.
A copy of the notice of hearing shall be posted conspicuously in the
lobby of the building. The landlord shall serve notice of the hearing
date to the tenant, by regular and certified mail, return receipt
requested, at least 20 days in advance of the hearing.
Either the landlord or a tenant may appeal the decision of the
Rent Stabilization Board. All decisions of the Board are final. Any
landlord or tenant wishing to appeal the decisions of the Board may
do so in the Superior Court of New Jersey pursuant to its rules and
procedures.
A.
Established; appointment.
(1)
There is hereby established within the Department of Public Affairs
the Office of Tenants' Advocacy Attorney. The Tenants' Advocacy
Attorney shall be appointed by the governing body for the term of
one year or until a successor is appointed and qualified.
(2)
The Attorney shall be a duly licensed attorney at law and shall be
compensated by the Mayor and Board of Commissioners.
B.
Duties. The Tenants' Advocacy Attorney, among other duties,
shall:
(1)
Provide and distribute information to tenants regarding federal,
state and municipal laws affection the rights and duties of landlords
and tenants.
(2)
Distribute information specifically dealing with tenants' legal
rights.
(3)
Write and publish information, pamphlets, leaflets or booklets providing
information on tenant/landlord rights and duties.
(4)
Operate a hotline to provide advice to tenants.
(5)
Promote, sponsor and organize tenants rights workshops to disseminate
information between tenants and tenant groups in organizing to protect
tenants' rights.
(6)
Receive and forward to appropriate agencies of the City complaints
from tenants relating to the administrative action or inaction of
any department.
(7)
Give free advice and assistance to apartment dwellers in their dealings
with the City Rent Stabilization Board and/or before any court or
administrative tribunal as may be assigned by the appropriate official
of the City.
A.
Rent control established. All units, unless otherwise specifically
exempted, shall be subject to the provisions of this chapter. Any
and all increases not in accordance with the provisions of this chapter
shall be refunded or credited to the tenant.
B.
Annual increases for covered units.
(1)
The maximum permissible annual rent increase is 3.5%.
(2)
Exception for qualified senior tenants. The maximum annual permissible
rent increase for a senior tenant who satisfies each of the following
requirements is 2%:
(a)
Sixty-five years of age or older; and
(c)
Whose annual income combined with the annual income of all other
occupants of the unit does not exceed the combined annual income of
an applicant and spouse to be eligible for PAAD except for a caregiver
employed to provide care or services to the senior tenant.
C.
Hardship increase. This subsection applies where the annual operating
expenses for any one building exceed at least 75% of the total annual
gross income. Operating expenses shall include all reasonable expenses
necessary to carry out the proper operation and maintenance of the
property, including property taxes allocated to the year. Operating
expenses shall exclude mortgage amortization, mortgage interest, interest
or costs of financing, attorney's, expert's or engineer's
fees related to the filing of hardship or capital improvement applications,
depreciation or expenditures for capital improvements. In reviewing
operating expenses, the Board shall consider normal and recurring
expenses and may make adjustments for extraordinarily high or low
operating expenses in any given year. Annual gross income shall include
all income realized in connection with the operation of the premises
including rentals from all residential and commercial units, as well
as fees collected for parking, rental from machines, concessions and
garages or other services. As to cooperatives and condominiums, the
rent charges shall be at least equivalent to the maintenance costs
charged by the association. This figure becomes the new base rent
and may be increased by 10% after the first year.
(1)
In considering a hardship application, the Board shall give due consideration
to any and all relevant factors, including, but not limited to the
following:
(2)
An applicant for hardship relief shall submit to the Board 10 copies
of the following:
(a)
A statement for three prior twelve-month periods of gross rentals
and actual expenses incurred for that time in connection with the
operation of the building to be adjusted to reflect the actual period
of time the applicant has owned the building if owned for less than
three years.
(b)
A list of all present owners of the property.
(3)
A landlord shall not be entitled to apply for a hardship increase
until (s)he has owned the property for at least 18 months.
(4)
The Board's decision shall become effective after full 30 days'
statutory notice to tenants.
(5)
The Board shall promulgate rules, regulations and necessary forms
to be utilized, notice to tenants of hardship applications and notice
to tenants and landlords regarding hearings and general procedure.
Those rules and regulations shall have the force of the law and shall
be filed with the City Clerk.
(6)
With the filing of a hardship increase application, the landlord
shall simultaneously deliver notice thereof to each affected tenant.
At a minimum, a landlord seeking a hardship increase shall notify
tenants, in writing, by regular and certified mail, return receipt
requested, and provide tenants with a summary of the application and
state the increase sought. Any tenant who receives such notice shall
have 30 days to file any written comments with the Board regarding
the application.
(7)
Within 30 days of receipt of a complete application, the Board shall
notify the landlord, in writing, of the time and place for the hearing.
The hearing shall be held not more than 90 days nor less than 30 days,
from the date of receipt of a complete application. The landlord shall
immediately, upon receipt of such notification of hearing, serve such
notice upon each affected tenant. The landlord shall serve notice
of the hearing date to the tenant by regular and certified mail, return
receipt requested, at least 20 days in advance of the hearing. Prior
to any hearing on such application, the landlord shall present the
Board with proof of service of notice to affected tenant.
(8)
No hardship application shall be considered or granted by the Board
for a period of time more than one year after the expiration of applicant's
last tax reporting year.
(9)
The Board shall render a decision on a hardship application within
45 days of the conclusion of the hearing before the Board. Failure
of the Board to render its decision within the time period, absent
consent of the landlord, shall result in the application being deemed
granted.
(10)
A hardship increase shall become part of the base rent.
D.
Capital improvement surcharge.
(1)
Application; notice.
(a)
A landlord may apply for a capital improvement surcharge or
for a surcharge for major additional services not formerly provided
to the tenants of units of housing space in the affected dwelling.
The landlord shall make written application to the Board upon forms
adopted by the Board for these purposes. Simultaneously with filing
of a capital improvement application, the landlord shall serve notice
upon each affected tenant. The landlord shall submit with its application
a letter of code compliance from the Union City Building Department.
(b)
The Board shall promulgate rules, regulations, forms to be utilized
and notice procedures to the tenant. At a minimum, a landlord seeking
a capital improvement surcharge shall notify tenants, in writing,
by certified mail and provide tenants with a summary of the application
and state the increase sought.
(2)
Nature and cost of improvement. A landlord shall submit a detailed
contract or proposal and proof of payment as to each improvement.
(3)
Amortization of cost. The cost for a capital improvement shall be
amortized over the useful life of such capital improvement as determined
by the Rent Stabilization Board and the Rent Stabilization Board's
accountant.
(4)
Notice of hearing. Within 30 days from receipt of all required application
forms, the Board shall notify the landlord, in writing, of the time
and place of the hearing. The landlord shall immediately, upon receipt
of such notification of hearing, serve notice thereof upon each affected
tenant. Prior to any hearing on this application, the landlord shall
present the Board with proof of service of notice of the hearing upon
each affected tenant.
(5)
Time for application. No capital improvement application shall be
considered or granted by the Board for work completed more than one
year before the date of filing of a request for a letter of code compliance
from the Building Department.
(6)
Finding of improvement; apportionment of surcharge. Upon determination that the proposed improvement is a capital improvement that the proposed service is a major additional service not formerly provided to the affected tenant or tenants, the Board may grant a surcharge based upon the cost of the capital improvement or major addition service. These costs shall include reasonable interest thereon. Any surcharge granted by the Board shall be fairly apportioned among the affected units based on the size of the units and the benefit of the improvement by each unit. If any such surcharge is granted, it shall not considered a part of base rent and shall not be included in calculating the rent increases allowable under § 334-2.
(7)
Notice of decision. The Board shall notify the landlord, in writing,
of its determination under this subsection, and the landlord shall
forthwith deliver a copy of the determination by certified mail to
each affected tenant, to become effective upon thirty-day notice.
(8)
Protected tenancy status.
(a)
No capital improvement surcharge shall be imposed upon any tenant
who has been granted protected tenant status pursuant to N.J.S.A.
2A:18-61.22 or 2A:18-61.40.
(b)
Any capital improvement surcharge awarded within two years prior
to the date of notice to the municipal administrative officer required
by N.J.S.A. 2A:18-61.27 or 2A:18-40 shall immediately become null
and void upon the grant of protected tenancy status. The protected
tenant's rent shall be recalculated and reduced accordingly;
however, no rebate of previously paid surcharge shall be granted.
(9)
Compliance with codes. Permits, as required by law, are to be secured
from all agencies having control and jurisdiction for alterations,
repairs, replacements, extensions and new buildings. All work done
shall adhere to appropriate code standards and shall be inspected
by any agency having control and jurisdiction, and their approval
obtained. Copies of such permits shall accompany the capital improvement
application.[2]
[2]
Editor's Note: Original Section 14-10.5, Tax Surcharges;
Section 14-10.6, Sewerage Utility Pass Along Charges; and Section
14-10.7, Agreements for Additional Services, were repealed 4-5-2005.
E.
Maximum annual increase. The maximum annual increase from all sources listed under this § 334-10, Permitted increases, shall not exceed 15% unless an efficient landlord cannot meet operation expenses or make a fair return on his/her investment. A tenant shall not receive an aggregate increase from all sources of more than 15% any twelve-month period.
F.
Compliance with housing and building codes. Any landlord seeking
an increase under this section must file, with its application, a
letter from the Building Department that the building and grounds
are in code compliance with City building and housing codes.
G.
Applicability of Consumer Fraud Act.
(1)
In addition to the rights conferred on a tenant herein, a tenant
may seek redress against a landlord for reasonable attorneys'
fees and damages pursuant to the Consumer Fraud Act, N.J.S.A. 56:8-1
et seq.
(2)
The Consumer Fraud Act shall act as an enforcement mechanism to an
individual tenant who may seek redress by an award of attorneys'
fees for a successful suit against a landlord for overcharging of
rent. Therefore, tenants who successfully bring an action against
a landlord for overcharging of rent may be awarded attorneys'
fees pursuant to the Consumer Fraud Act.
[1]
Editor’s Note: Former § 344-11, Rental unit renovation
allowance, as amended, was repealed 6-17-2014.
A.
A landlord of any dwelling in full compliance with this chapter that
is participating in a complete rehabilitation program of the United
States Department of Housing and Urban Development (HUD) shall be
permitted, upon approval by the Rent Stabilization Board, to place
a minimum of 20% of the units in the dwelling into the rental rehabilitation
program. The base rent and all subsequent increases for all units
that are placed in the rental rehabilitation program shall be the
rent or increase allowed by the program of the Department of Housing
and Urban Development in which the landlord is enrolled.
B.
Prerehabilitation application.
(1)
A prerehabilitation application shall be filed prior to the commencement
of the work which shall contain the following information and any
other information deemed relevant by the Rent Stabilization Board:
(a)
Photographs of each room of the apartment unit within the dwelling
which that is vacant and is the subject of the application. A dwelling
will only be eligible for the rental rehabilitation program if it
is at least 50% vacant at the time the preapplication is filed. Additionally,
the application must provide satisfactory proof that the landlord
will relocate the tenants that are living in the building, at the
landlord's cost, to a suitable apartment during the rehabilitation,
and will return the tenants to the dwelling, at the landlord's cost,
upon the conclusion of the rehabilitation. A suitable apartment shall
include an apartment of a similar size, including number of bedrooms,
and at the same rent, during the rehabilitation time period.
(b)
The preapplication shall explain the need for rehabilitation,
spelling out in detail the work that the landlord intends to perform,
the estimated costs.
(c)
The preapplication shall also include proof of enrollment and
acceptance by HUD, or the governmental entity selected by HUD, of
the rehabilitation program the landlord is receiving assistance by
way of a grant, subsidized loan, or insured mortgage, for the complete
rehabilitation of the dwelling.
(d)
The Rent Regulation Officer in his discretion may require an inspection of the dwelling prior to the commencement of the work by the Community Development Agency or the Building Department of Union City. The Rent Regulation Officer may inquire as to the circumstances under which any unit became vacant and reject the application if the Officer finds that the landlord was engaged in harassing conduct in violation of § 334-13 of this chapter of any tenant for the three-year period prior to the filing of the preapplication. The prerehabilitation inspection and determination by the Rent Regulation Officer shall ensure that the proposed renovations will meet the criteria set forth in Subsection D. Cosmetic and ordinary repair-type work shall not generally qualify for approval under this section. Upon approval of the prerehabilitation application, the landlord may proceed with the rehabilitation and may file a final application for approval.
C.
Final application procedure.
(1)
Upon completion of the rehabilitation of the dwelling, the landlord
shall file a final application for approval by the Rent Stabilization
Board and acceptance into the rental dwelling rehabilitation program.
The application shall contain the following information and any other
information deemed relevant by the Rent Stabilization Board:
(a)
A copy of the rent for each unit in the dwelling that has been
approved by HUD or the governmental agency administering the rehabilitation
program for HUD.
(b)
A series of photographs which show the condition of the dwelling
after the improvements.
(c)
A copy of all bills, building permits, invoices and canceled
checks associated with the renovation work.
(d)
A copy of the certificate of approval issued by the Building
Department.
(e)
Documents to be filed.
[1]
The landlord shall file with its final application a certificate
of code compliance issued by the Building Department. The Building
Department shall inspect the subject apartment and the common areas
to certify to the Rent Stabilization Board that the apartments in
the dwelling to be rented and the common areas and facade are in compliance
with the appropriate housing inspection codes and all applicable federal,
state, county or local laws or regulations.
[2]
The landlord shall also file with its application a inspection
performed by the Community Development Agency after work has been
completed which will certify that the proposed work set forth in the
prerehabilitation application have been performed in a good and workmanlike
manner.
(f)
The landlord shall file a certificate with the final application
stating that he has agreed to maintain and preserve the dwelling as
rental housing for a period of five years from the commencement of
any rental increase granted pursuant to this section and has, prior
to the application being submitted hereunder, withdrawn, canceled,
dismissed, vacated or otherwise repudiated all notices to quit, dispossess
actions, and judgments pursuant to N.J.S.A. 2A:18-61.1(k) and has
further agreed not to commence any actions under N.J.S.A. 2A:18-61.1(k).
(g)
The application for approval shall be filed by the landlord
with the Rent Stabilization Board not later than 20 days of the tenant
taking occupancy of the apartment.
D.
Criteria for reviewing application. In reviewing said application,
the Rent Stabilization Board shall consider but not be limited to
the following factors:
(1)
Whether the landlord has made a complete rehabilitation of the dwelling
which has improved the living conditions of the tenants living in
the dwelling. The requirements of HUD or the governmental entity administering
the rehabilitation for HUD shall be considered by the Board in determining
the appropriateness of the rehabilitation;
(2)
The amount of the increase, with the general policy that no increase should be approved which is unconscionable in relation to the prior approved base rent. The rent that is allowed by HUD or the governmental entity administering the rehabilitation program shall be considered an acceptable new base rent, provided that the landlord has provided proof to the Board that the landlord has complied with all the requirements of this chapter and HUD in obtaining the new rent, including notifications to the tenant. Upon proof that the landlord is in compliance with the regulations of the governmental rehabilitation program and this chapter, the landlord shall be required to use the governmental approved rent as the base rent, and for all subsequent rent increases the landlord shall be required to use the rent increase approved by the governmental entity. In the event a rent increase is allowed by the governmental entity and the landlord fails to notify the tenants of the increase, the landlord shall be considered to have waived the rent increase for the year in question. If the governmental rehabilitation program in question does not govern future rental increases and only establishes the initial base rent after a complete rehabilitation of a dwelling has occurred, then all increases shall be governed by § 334-10 of this chapter;
(3)
In the event the governmental rehabilitation program in which the landlord is enrolled contains tenant qualification guidelines and the tenant does not quality pursuant to these regulations, the initial base rent after the complete rehabilitation has occurred will be the maximum base rent established by the governmental program, and each subsequent increase shall be governed by § 334-10 of this chapter; and
E.
Notification procedures. The landlord shall serve a copy of the final
application on each tenant by personal service or certified mail,
return receipt requested, at least 15 days before any hearing thereon,
and the landlord shall be required to file a proof of service with
the Rent Stabilization Board. Upon receipt of a complete application
and proof or service of same upon the tenant, the Rent Regulation
Officer shall schedule a hearing before the Rent Stabilization Board,
and the landlord shall serve upon each tenant, personally or by certified
mail, return receipt requested, at least 10 days in advance of said
hearings, a second notice advising the tenants that the final application
for approval previously served upon the tenant would be heard by the
Board on that date. Said notice shall also advise the tenants that
any objection to the proposed rental agreement will be heard on that
date.
A.
Harassment; reduction of services prohibited. Any tenants desiring
to remain in their units may do so without provocation or retaliation
from landlords. For the purposes of this section, harassment of tenants
shall mean conduct, whether direct or indirect, committed intentionally
or negligently by a landlord, or anyone acting on his/her behalf.
These actions include, but are not limited to:
(1)
A reduction in the quality of basic services necessary to the health
safety and welfare of the tenants.
(2)
Heat, hot water.
(3)
Adequate security.
(4)
Intermittent failures.
(5)
Bothersome telephone calls or letters.
(6)
Frivolous eviction threats or legal proceedings.
(7)
Actions which would cause a reasonable person of like age and physical
condition of a tenant to fear for his/her life, limb, property or
home.
B.
Investigation/prosecution of harassment complaints. The City shall
assign one of its municipal prosecutors to investigate and/or prosecute
complaints involving harassment filed by either tenants or landlords.
A.
Required. No person shall occupy or use any residential unit after
such unit has been vacated or sold or where there has been a change
in occupancy until the landlord has applied for and secured a certificate
of continuing occupancy. Upon receipt by the enforcement officer of
an application for a certificate of continuing occupancy and payment
of the required fee, an inspection of the premises shall take place.
The inspection shall ensure compliance with all applicable building,
health, safety and fire codes, regulations, ordinances and statutes
of the City of Union City.
B.
Criteria and standards for certificates of occupancy.
(1)
Criteria for buildings with more than 50 units. The inspection shall
focus on the habitability of the apartment itself and only health
and safety standards will be applied to the common areas.
(2)
Criteria in cooperatives and condominiums of more than 100 units.
An inspection shall be conducted of the premises to ensure compliance
with all applicable building, health, safety and fire codes, regulations,
ordinances and statutes of the City of Union City. As to common area
inspections, the inspection shall focus on the habitability of the
apartment itself. The health and safety standard shall be applied
to the common areas. Rent freezes shall only be applied to those violations
related to fire and safety code violations. However, rent freezes
shall not be applied to common area violations except for those endangering
the health and safety of the occupants such as uninterrupted elevator
service, emergency lighting, fire and smoke alarms and other items
outlined in all applicable federal, state, county or local laws or
regulations. However, all other remedies promulgated by state and
municipal statutes, rules and regulations or those adopted by the
Board of Directors remain in place.
C.
Failure to obtain certificate. A landlord who fails to obtain a certificate of continuing occupancy shall be subject to any one or a combination of the penalties listed in § 334-21. Any fines shall be payable to the City of Union City.
D.
Upon receipt by the enforcement officer of an application for a certificate
of continuing occupancy and fee, an inspection of the premises shall
take place. The inspection shall ensure compliance with all applicable
building, health, safety and fire codes, regulations, ordinances and
statutes of the City of Union City.
A.
Continuation of services. During the term of this chapter, the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings and equipment in the housing space and dwelling as required
under the lease or otherwise mandated by law.
B.
Decline in services. When services, care or maintenance, or when
the standards of service, maintenance, furniture, furnishings and
equipment in the housing space or dwelling are not substantially maintained
as specified above, any tenant may apply to the Board for a decrease
in rent. A copy of such application shall be served upon the landlord
setting forth, in detail, the reasons for the application.
C.
Applicability to parking spaces. The provisions of this section shall also apply to any on-site parking or garage space occupied by the tenant in conjunction with rental and occupancy of housing space. If it is determined, after a hearing of the Board, as described in § 334-15, that the parking was a previously provided service, then the rent shall be decreased by 25% of the current monthly rent.
[Amended 1-6-2015]
D.
Hearing notice procedure. Upon receipt of the application by the
Rent Regulation Officer, the Rent Regulation Officer shall schedule
a hearing on the application and shall notify both landlord and tenant
of the date, time and place of the hearing.
E.
Maintenance of services. During a tenant's occupancy of a unit in
which the landlord provides utilities to the units of the building,
the landlord will be prohibited from constructing a separate apartment
unit meter and billing for any utility service previously provided
by the landlord as part of the services to the building, including
but not limited to heat, hot water, water and sewerage.
F.
Violation and penalties. A first violation of § 334-15E of this chapter shall be punishable by a fine of not more than $2,000 for each unit in violation. Subsequent violations shall be punishable by a fine of not less than $2,000 for each unit. Each day during which an owner is in violation of § 334-15E of this chapter shall constitute a separate violation.
A.
Registration information; fee.
(1)
All landlords of units governed by this chapter must file a registration
statement with the Board in a manner and at a time prescribed by the
Board. Any such statement shall include at least the following:
(a)
The name of each tenant and the apartment number.
(b)
The number of rooms for each apartment.
(c)
The current rent for each apartment.
(d)
The amount of the last increase for each apartment unit.
(e)
The date of the last increase for each apartment unit.
(f)
If applicable, the services provided to the building and the
telephone number.
(g)
If applicable, the superintendent's name, address and telephone
number.
(2)
This annual registration statement shall be filed with the Rent Regulation Officer once every 12 months on the anniversary date that the landlord may file for a permitted increase pursuant to § 334-10B. The Board shall establish a schedule of fees for the filing of said registration statement. Failure to register or the filing of false registrations shall be punishable pursuant to § 334-21 of this chapter.
(3)
A landlord who shall fail to file the required annual rent registration statement shall not be entitled to file any application for a permitted increase under § 334-10 of this chapter. In addition, in the event a landlord or a prior property owner for the same property has not filed an annual registration statement the Rent Regulation Officer in determining a legal rent calculation and the Board upon any review of that determination shall be permitted to disallow any increase related to a rise in the consumer price index pursuant to § 334-10B for that year that the landlord or prior landlord failed to file a rent registration statement.
(4)
This section shall be applied to any rent calculation made by the
Rent Regulation Officer or the Rent Stabilization Board to any determination
that comes before it subsequent to the adoption of this section. In
addition, the Officer and the Board shall also have the authority
to disallow a rent increase a landlord is otherwise entitled to under
this chapter for any year that a landlord has failed to file a rent
registration statement prior to the effective date of the adoption
of this section.
B.
Public document. For the purpose of disclosure, the registration
statement shall be considered a public document which shall be made
available for inspection pursuant to reasonable regulations established
by the City Clerk.
A.
Compliance required prior to granting increase.
(1)
Any landlord who seeks a hardship or major capital improvement increase under § 334-10 shall file with an application a certification from the office of the Building Department to the effect that the building and grounds are in substantial compliance with City building and housing codes, which certification shall be based on an application made by the landlord to the Building Department not more than one month before the filing of his/her application with the Board. No such increase may be granted until such certification had been filed and, if a tenant contests the accuracy of such certification, until the Board has determined that there is substantial compliance.
(2)
The Board shall deny the application until there has been such compliance.
B.
Assistance of Board in obtaining certificate of code compliance.
Whenever a party who is seeking a certificate regarding code compliance
from the office of the Building Department notifies the Board that
the party seeks the assistance of the Board in expediting that Department's
inspection, then the Board shall utilize its best efforts to have
the office of the Building Department expedite such inspection. Nothing
contained in this section shall prevent the Rent Stabilization Board
from considering testimony by the landlord and tenants as to the condition
of the property.
C.
Tenant's right to return to premises rehabilitated after a fire.
(1)
Repair of fire-damaged building. Whenever any building or buildings
which contain residential units leased to tenants shall be injured
or damaged by fire, the landlord shall repair same as speedily as
possible.
(2)
Tenant's right to return. In the event, as the result of injury
or damage to the residential leased premises as a result of fire,
a tenant is displaced, the tenant who is displaced shall have the
right to return to his/her unit as soon as the building is in complete
repair and has been approved for occupancy by the Construction Code
Official of the City pursuant to the usual procedures for occupancy
under applicable law.
(3)
Rent.
(a)
During the period of time that the tenant is displaced from
the building, the tenant shall have no obligation to pay rent for
his/her unit.
(b)
In the event that the residential building is subject to rent
stabilization, the tenant shall return to his/her unit upon its complete
repair at the legal rent existing at the time of his/her vacation
of the unit.
(4)
Exception. The above provisions, which must be liberally construed
in favor of tenants, shall not apply to any tenant whose fault caused
the fire which resulted in the displacement of tenants.
(5)
Violations and penalties.
(a)
Any person found guilty of violating any part of this subsection
shall be subject to a penalty existing of a fine not exceeding $1,000
or imprisonment not exceeding 90 days, or both, subject to the discretion
of a court of competent jurisdiction.
(b)
In the event of any continuing violation, which shall include
each day a landlord prevents a former tenant from reoccupying the
premises after those premises have been repaired and are ready for
occupancy, each day shall constitute a separate offense for the purposes
of the imposition of a fine and/or imprisonment.
D.
Tenant's
right to return to premises after abatement of UCC and Building Code
violations.
(1)
Abatement
of UCC and Building Code violations. Whenever any building or buildings
which contain residential units leased to tenants shall require the
completion of work in order to abate UCC and/or Building Code violations,
the landlord shall repair same as speedily as possible.
(2)
Tenant's
right to return. In the event, as the result of the need to abate
UCC and/or Building Code violations, a tenant is displaced, the tenant
who is displaced shall have the right to return to his/her unit as
soon as the building is in complete repair and has been approved for
occupancy by the Construction Code Official of the City pursuant to
the usual procedures for occupancy under applicable law.
(3)
Rent. During the period of time that the tenant is displaced from the building pursuant to this subsection, the provisions of § 334-17C(3)(a) and (b) herein shall apply.
(4)
Exception.
The above provisions, which must be liberally construed in favor of
tenants, shall not apply to any tenant whose fault caused the need
for the completion of work to abate UCC and/or Building Code violations
which resulted in the displacement of tenants.
(5)
Violations and penalties. The provisions of § 334-17C(5)(a) and (b) herein shall apply to violations of this subsection.
There is hereby established a schedule of fees for applications to the Rent Stabilization Board, which fees shall be as set forth in Chapter 155, Fees, and payable to the City of Union City.
Personal service or service by certified mail that is either
refused or uncalled for may be remailed by ordinary mail and shall
be effective as though personal service or notice by certified mail
had been accepted.
A.
Obligation to register vacant apartments.
(1)
Owners of multifamily structures of five or more units shall report
any vacancy or unrented apartment to the Rent Stabilization Board
office if the vacancy or nonrental continues for 90 continuous days.
(2)
Owners shall report the rental of the unit to the Rent Stabilization
Board office within 90 days of the date of the new rental. The rental
report shall include a copy of the inspection approval certificate
issued by the Union City Community Development Office, address of
building, date of rental, rent charged, name of new tenant, date of
move-in by the new tenant.
B.
Exempt structure or structure or units. The following are exempt
from the provisions of this chapter:
(1)
Units in owner-occupied structures where there are six units or fewer
and one of the units is owner-occupied.
(2)
Units in newly constructed buildings which have complied with N.J.S.A.
2A:42-84.2.
(3)
Units in hotels or motels that have been duly licensed by the City
and the State of New Jersey.
(4)
When owner has filed for and been preapproved for a rental unit restoration
allowance (RURA).
C.
Requirements. All such units shall be rented and occupied by a tenant within 90 days after the end of the preceding tenancy, which shall be defined as the last day of occupancy by the preceding tenant(s), except where an extension has been granted by the Rent Stabilization Board under the provisions of § 334-20D(4) below, in which event the unit shall be rented and occupied within the time period specified in the extension. Failure to comply with the requirements of this Subsection C shall be considered a violation of this section and subject the owner to the penalties set forth herein.
D.
Extension of time period.
(1)
An owner may apply for an extension of the time period set forth in § 334-20C where the condition of the structure or unit or other special circumstances make rental within such time period impossible. In order to obtain an extension, the owner must submit an application in writing to the Rent Stabilization Board within 90 days or less from the date the preceding tenancy ended, setting forth with specificity:
(2)
The owner shall provide the Rent Stabilization Board with all documentation
necessary to support the application, including but not limited to
code violation reports, engineering or inspection reports, copies
of advertisements, etc.
(3)
Any extension granted by the Rent Stabilization Board shall specify
the date by which the structure or unit must be rented and occupied.
Additional extensions may be sought by the owner, but the total extension
permitted in the aggregate shall not extend beyond six months from
the date the previous tenancy ended.
(4)
The following circumstances shall constitute grounds for the granting of an extension pursuant to this § 334-20D by the Rent Stabilization Board:
(a)
An owner wishes to reserve a vacant unit for a family member.
The owner shall provide in the time extension application full documentation
including the name of the future tenant, the family relationship and
the date of occupancy.
(b)
An owner desires to maintain a unit vacant in order to improve
the conditions of said structure or unit. The owner shall provide
full documentation in the application, including up-to-date building
and housing inspection reports, improvement plans, all related required
permits and the date by which the structure or unit shall be rented
and occupied.
(c)
An owner maintains a vacant structure or unit in order to correct
code violations in said structure or unit. The owner shall provide
in the application full documentation such as code violation reports,
correction plans, permits and the date by which the structure or unit
shall be rented and occupied.
(5)
Extension of the time period provided in Subsection C above beyond the maximum time prescribed by § 334-20D shall be only granted upon a clear and convincing showing by the owner that a good faith effort has been made to rent the structure or unit at the legal rent, and that no tenant can be found. In this circumstance, the maximum extension granted beyond the maximum time provided in this Subsection D shall be 60 days, renewable upon a new showing by the owner.
E.
City to inspect vacant structure or units and buildings.
(1)
If a structure or unit is not rented within 90 days, or filed for
an extension, the recording agency will notify the Building Department,
Health Department, Fire Official and Northwest Regional Fire and Rescue,
which currently provides fire related services to Union City. The
above departments shall send inspectors to the building to inspect
the entire building and the unrented structure or unit in particular
to assure compliance with all applicable codes. If violations are
found or if a dangerous or unsafe condition exists, proper measures
are to be taken.
(2)
The above departments will continue to inspect both the building
and the individual unrented structure or unit on a regular basis.
The building and unrented structure or unit shall be inspected at
least once every 10 business days until the structure or unit is rented
and occupied.
F.
Violations and penalties. A first violation of § 334-20A of this chapter or the conditions upon which a waiver has been granted by the Rent Stabilization Board shall be punishable by a fine of not more than $500 for each unit in violation. Subsequent violations shall be punishable by a fine of not less than $100 nor more than $500. Each day during which an owner is in violation of Subsection A of this section or the conditions upon which a waiver has been granted shall constitute a separate violation.
G.
Vacancies upon effective date. Any landlord of any unit which has been vacant 30 days or more from the end of the preceding tenancy as of the effective date of this chapter shall be required to file the notifications required under § 334-20A of this chapter within 15 days of the effective date of this chapter.
A violation of any of the provisions of this chapter, including,
but not limited to, the filing with the Rent Stabilization Board or
Regulation Officer of any material or statement of facts, shall be
punishable by a fine not exceeding $1,000 or by imprisonment not exceeding
30 days, or both. A violation affecting more than one leasehold or
tenancy shall be considered a separate violation as to each leasehold
or tenancy.
