The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the Township and occupied or unoccupied and offered for rent.
CONSUMER PRICE INDEX
The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), United States city average, as published periodically by the Bureau of Labor Statistics, United States Department of Labor.
HOUSING SPACE
Includes 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.
LANDLORD
The person letting, owning or managing an individually administered residential multiple-family dwelling situate within the Township.
RENT
The entire consideration paid by a tenant for the use or occupation of property. There shall not be allowed a surcharge on any lease executed subsequent to May 6, 1981, which automatically advances as the price of a particular item advances. Any lease executed prior to May 5, 1981, which presently provides for such surcharge shall have such increase limited to the increase allowable under § 5-162 until the expiration of the lease.
RESIDENTIAL MULTIPLE-FAMILY DWELLING
Any individually administered building, structure or complex of one or more stories or a portion thereof and any land appurtenant thereto containing four or more residential multiple-family dwelling units. Excluded from this definition are motels, hotels or other buildings or structures serving transients.
RESIDENTIAL RENTERS CONSUMER PRICE INDEX
The rent, residential index (all urban wage earners and clerical workers: United States city average), as published periodically by the Bureau of Labor Statistics, United States Department of Labor.
TENANT
The person to whom a residential multiple-family unit is let situate in the Township.
There is hereby created a Rent Leveling Commission consisting of five members appointed by the Mayor with the advice and consent of the Council, selected on the basis of their qualifications and fitness for service on the Commission. Of the five members, one each shall be of the following two classes: a landlord as defined in this article and a tenant as defined in this article. The other three members shall be of neither class. Of the five members, all shall be residents of the Township, except those of the class of landlord.
Any member of the Rent Leveling Commission shall disqualify himself from participation in any phase of any dispute, controversy or claim whatsoever involving a residential multiple-family dwelling in which he has or has had any security, ownership, management, leasehold or other interest of whatever nature. Such disqualification shall not be mandatory if the member's interest in the residential multiple-family dwelling was extinguished more than five years preceding his appointment. This shall not prevent a member from disqualifying himself for any other legal, valid reason.
Members of the Rent Leveling Commission and alternates shall be appointed for two years. For those members initially appointed under this article, the Class 1 and 2 members shall be appointed for terms of one year, and the Class 3 members shall be appointed for terms of two years.
There shall be appropriated in each annual budget of the Township such sum as may be determined by the Mayor and Council to be necessary for the purpose of administering this article.
There shall be a Secretary and an Attorney to the Rent Leveling Commission appointed by the Mayor to terms of one year on the effective date of this article.
The Rent Leveling Commission shall organize at its first meeting, as set forth in this article, and thereafter annually at the first regular meeting of the calendar year, and shall, at such meeting, choose from among its Class 3 members, a Chairman and such other officers as it may deem necessary.
There shall be appointed by the Mayor with the advice and consent of the Council two alternates to each of the three classes of members of the Rent Leveling Commission: two landlord alternates; two tenant alternates; and two non-landlord, non-tenant alternates. An alternate may vote on matters already in progress upon certification that he has reviewed all prior proceedings in the matter and is familiar therewith.
Any member of the Rent Leveling Commission or alternate may be removed by the Mayor with the advice and consent of the Council for cause, on written charges served upon the person, and after a hearing thereon where the person shall be entitled to be heard and present evidence in person or by counsel.
A majority of the whole number of regular members of the Rent Leveling Commission shall constitute a quorum. If a quorum is not present, including alternates, one hour after the appointed time for any meeting, the presiding officer shall declare the meeting or hearing adjourned.
A special meeting of the Rent Leveling Commission may be called at any time upon request of a majority of the members of the Commission. The request and call for a special meeting shall specify the purpose of the meeting. The call for such special meeting shall be served by the Chairman upon each Commission member at least 72 hours prior to the time for which the meeting is called. Upon the call for a special meeting, the Chairman or other designated officer shall forthwith give notice thereof by telephone or telegraph at such place previously designated by the Commission members for that purpose. All such meetings shall be in conformity with the state Open Public Meetings Act of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Accurate minutes of all meetings, complaints and decisions of the Rent Leveling Commission shall be kept and filed monthly with the Secretary of the Commission. Minutes in conformity with the state Open Public Meetings Act of 1975 shall be kept.
In the absence of specific direction from this article, as amended from time to time, and of Commission rules and regulations, Robert's Rules of Order shall govern conduct of the Rent Leveling Commission.
The Rent Leveling Commission may adopt such administrative rules and regulations as it deems necessary to implement this article, with the approval of the Business Administrator. Such rules and regulations shall be filed with the Municipal Clerk.
The Rent Leveling Commission shall have the power to subpoena witnesses, books and records pursuant to N.J.S.A. 2A:67A-1 et seq.
Insofar as the state Open Public Meetings Act of 1975 permits, whenever any material, the disclosure of which constitutes an invasion of individual privacy, is to be discussed by the Rent Leveling Commission, a request for confidentiality may be made and shall be honored.
Appeal of any decision of the Rent Leveling Commission may be had to any court of competent jurisdiction.
A. 
Establishment of rents between a landlord and a tenant in all residential multiple-family dwellings shall hereafter be determined by the provisions of this article. At the expiration of a lease or at the termination of the lease of a periodic tenant, no landlord who furnished heat to tenants may request or receive a percentage increase which is greater than the average of the percentage increase in the Consumer Price Index and the percentage increase in the Residential Renters Consumer Price Index released during the July preceding the notice of increase. No landlord who does not furnish heat to tenants may request or receive a percentage increase which is greater than 60% of the average of the percentage increase in the Consumer Price Index and the percentage increase in the Residential Renters Consumer Price Index released during the July preceding the notice of increase.
B. 
No landlord may increase the rent of any one tenant more than once in each twelve-month period; provided, however, that, should rent of any one tenant not be increased for a period of 12 months, the maximum allowable increase shall be the average of the percentage increase in the Consumer Price Index and the percentage increase in the Residential Renters Consumer Price Index for the preceding 12 months multiplied by the number of months since previous increase divided by 12. This provision shall not apply to situations where rent has not been increased in over 24 months.
C. 
Allowable increases in rent may be rounded off to the nearest dollar figure.
D. 
No landlord may request or receive any increase in rent unless and until it has been certified to the Township that the landlord has remitted the most recent rebate due the tenant under the provisions of the Tenants' Property Tax Rebate Act, N.J.S.A. 54:4-6.2 et seq.
A. 
Powers and duties generally. The Rent Leveling Commission shall have the power and duty to hold hearings and adjudicate:
(1) 
Hardship increase in rents. This is rental in addition to the permitted increase. The Commission shall not permit a total increase which is more than a just and reasonable rate of return. In determining just and reasonable rate of return, the tax assessment divided by the average ratio of assessed to true value as promulgated on the October 1 preceding the application for increase of the premises shall be the basis.
(a) 
If a landlord cannot meet his mortgage payments, maintenance costs or other costs, he may appeal to the Commission for a hardship increase in rent, and the Commission may grant the landlord a hardship rent increase to meet these payments. Prior to any such appeal to the Commission, a landlord must post in the lobby of each building or, if no lobby is present, in a conspicuous place in and about the premises, a notice of the appeal, setting forth the basis for the appeal. The notice must be posted for at least 15 days prior to the proposed filing of the appeal.
(b) 
A landlord may also seek a hardship increase in rental for major capital improvements or services. The landlord must notify each tenant by certified mail or personal service of the total cost of the completed capital improvement or service, the number of years of useful life of the improvement, as claimed by the landlord for purposes of depreciation for income tax purposes, the average cost of the improvement, the total number of square feet of the residential multiple-family dwelling, the total square feet occupied by the tenant and the capital improvement surcharge he is seeking from each tenant. The landlord seeking a capital improvement or service surcharge shall appeal for the surcharge to the Commission, which shall determine if the improvement is a major improvement and, if so, shall permit such increase, provided that it is clearly demonstrated to be necessary for the health, safety and general welfare of the tenants. If the increase is granted, it shall not be considered rental and calculated in any other hardship increase in rental applications.
(2) 
Decrease in rental. Decreases in rental are those permitted by the Commission upon application of a tenant, after which the Commission has adjudicated that there has been a significant decrease in maintenance, repairs, facilities or services or a combination thereof.
B. 
Regulatory powers. The Commission may adopt such administrative rules and regulations, both procedural and substantive, as it deems necessary and appropriate to implement this article and to facilitate its administration, with the approval of the Business Administrator. Such rules and regulations may not be inconsistent with or contrary to the provisions of this article, but must be consistent with the intent and spirit of this article. Such rules and regulations shall be filed with the Municipal Clerk of the Township.
C. 
Adjudicatory powers. The Commission may entertain applications by landlords or tenants for rulings interpreting and applying the provisions of this article, and may hold hearings to make findings of fact under this article. The Commission may rule and declare, in response to an application, the actions of any person to be in violation of or in compliance with this article.
D. 
Enforcement powers. The Commission may enforce the provisions of this article by seeking declaratory and injunctive relief in a court of proper jurisdiction.
E. 
Adjudication procedure.
(1) 
All applications to the Commission shall be in writing on forms prescribed by the Commission, and filed with the Commission Secretary. Upon receipt, the Secretary shall forward a copy to all members and alternates and schedule the application for the next regularly scheduled meeting. The Secretary shall notify each applicant and respondent of the scheduled time and date, with ordinary mail being sufficient.
(2) 
The burden of proof shall be on the applicant.
(3) 
All parties may be heard, call witnesses, be represented by counsel and offer any relevant evidence or material.
(4) 
Applications for a hardship increase in rent under Subsection A(1)(a) and (b) of this section must be filed not later than 90 days prior to the proposed effective date of the increase. Applications for a decrease in rent under Subsection A(2) of this section must be filed within 90 days of the alleged significant decrease in maintenance, repairs, facilities or services. Proof of service upon the affected tenant or landlord, as the case may be, by certified mail, return receipt requested, or by personal service, must accompany each application. Any applications not complying with the provisions of this article shall not be considered.
(5) 
Any appeals under Subsection A(1)(a) and (b) of this section must be supported by an audit prepared by a public accountant.
(6) 
The Commission may grant, deny or modify any application under Subsection A(1)(a) or (b) or Subsection A(2) of this section, and its decision shall be binding on all parties.
(7) 
Nothing in this section shall be construed to interfere with contractual obligations.
F. 
Application fee. The fee for an application to the Rent Leveling Commission is set forth in Chapter 215, Fees, of the Township Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-21-2002 by Ord. No. 02-028]
A. 
For all tenancies commencing after September 1, 2002, in the event the occupancy of a dwelling unit shall be terminated by the tenant occupying that unit, or possession of the unit is obtained by the landlord pursuant to lawful, court-ordered eviction, the landlord shall be permitted to increase the rent of the vacated dwelling unit without restriction thereafter. Said dwelling unit shall not be subject to the restrictions on increase in rent as set forth in this article.
B. 
An exception to this provision shall be for any tenant whose leasehold is in existence on or before September 1, 2002. If such a tenant moves from one apartment unit to another apartment unit in the same residential multiple-family dwelling, the tenant shall pay market rate at the commencement of the new tenancy, and thereafter shall pay only the applicable allowable increase as set forth in this article.
Any landlord seeking an increase in rents shall notify the tenant by certified mail or by personal service, on a form approved by the Business Administrator, of the calculations involved in computing the increase, including all information required in order to compute the formula as set forth in § 5-162, as well as the rental charged for the apartment under the terms of the most recent prior lease. A copy of the forms shall be filed with the Secretary of the Rent Leveling Commission at the time of notice to tenants.
Any significant decrease in maintenance, repairs, facilities or services shall be deemed an added rent and may result in a decrease in rents as provided in § 5-163. In addition, it may be deemed a reprisal and subject the landlord to penalties provided in § 5-167. Significant decrease in maintenance, repairs, facilities or services is a factor to be considered in all applications under this article. If the Commission shall determine that there has been a significant decrease in maintenance, repairs, facilities or services, it may also order that a pro rata share of all rentals collected from the residential multiple-family dwelling be placed in escrow, shall appoint a trustee to take custody of such account, shall direct the trustee to provide the maintenance, repairs, facilities or services in accord with public bidding laws and to pay therefor out of the escrow, and shall order the landlord to pay the trustee a reasonable fee for his services. The order shall continue so long as the landlord fails to provide the required maintenance, repairs, facilities and services.
Except as otherwise provided, a willful violation of any provision of this article or of an order of the Rent Leveling Commission shall be punishable pursuant to § 1-2, Violations; penalties, of the Code of the Township of Hamilton. A violation affecting more than one leasehold shall be considered a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any written or oral provision in any agreement whereby the rights conferred under this article are waived is deemed against public policy, void and unenforceable.
Any rent increase, notice of which was issued subsequent to May 5, 1981, the date of introduction of the ordinance from which this article is derived, to the extent that such increase is in excess of that which is permitted by this article, is hereby deemed to be null and void, and such excess rent shall be refunded to the tenant by the landlord forthwith.
The owner of housing space or a multiple dwelling being rented for the first time shall not be restricted in the initial rent he charges. Any subsequent rental increases, however, shall be subject to the provisions of this article.
No landlord may charge any person the fee payable to the Township for inspection pursuant to Chapter 268, Housing Standards.[1]
[1]
Editor's Note: Former Ch. 2, Division 17, Youth Advisory Commission, which immediately followed this section, was repealed 3-19-2013 by Ord. No. 13-012.