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:
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.
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.
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.
The person letting, owning or managing an individually administered
residential multiple-family dwelling situate within the Township.
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.
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.
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.
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.
(7)
Nothing in this section shall be construed to interfere with contractual
obligations.
[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.
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.
This article, being necessary for the welfare of the Township
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof.
