[G.O. No. 1442]
The purpose of this article is to comply with the provisions
of the New Jersey Law known as Senior Citizens and Disabled Protected
Tenancy Act (hereinafter referred to as "The Act"), to provide the
administrative and fee structure to administer this State law.
[G.O. No. 1442]
The Town Clerk of the Town of Westfield is hereby designated
as the municipal agent to perform the tasks set forth for such municipal
agent in the Senior Citizens and Disabled Protected Tenancy Act.
[G.O. No. 1442]
(a)
The following procedure shall apply to any rental apartment unit
being converted to condominium or cooperative form of ownership:
(1)
The owner of any building being converted shall prior to the filing
of an application for registration with the State of New Jersey, notify
the municipal agent of the intention to file the application for registration,
and shall supply to the municipal agent a current tenant list and
stamped envelopes addressed to each tenant, each such envelope containing
copies of all the required notices to be given to such tenants and
all documents required pursuant to New Jersey State Law and the New
Jersey Administrative Code.
(2)
Within 10 days of the receipt of the Notice of Intention, the current
tenant list and the stamped, addressed envelopes and copies of all
notices, and forms required by the Act, the municipal agent shall
mail to each tenant the notice required by the Act and all necessary
forms and, within two business days of such mailing, shall provide
the owner with an affidavit that the municipal agent has notified
each tenant as aforesaid.
(3)
A tenant seeking protected tenancy status under the Act shall file
a completed application form together with a Supporting Affidavit,
properly notarized to the municipal agent within 60 days of receipt
of such notice and application form.
(4)
The municipal agent shall accept all applications and affidavit completed
and submitted by the tenants seeking the benefits of the protected
tenancy status of the Act and shall determine eligibility, conditional
eligibility or ineligibility, in accordance with the criteria of the
Act. Such determination of eligibility, conditional eligibility or
ineligibility, shall be made with respect to each application within
30 days of receipt of a completed application form by the municipal
agent.
(5)
An application form shall be deemed to be completed when it is filled
out in its entirety, supported by the appropriate affidavit and when
all supplementary documentation required by the municipal agent has
been submitted. Upon request of the municipal agent, a tenant seeking
protected tenancy status shall supplement the form with such documentation
as the municipal agent shall deem necessary to make a determination
as to eligibility, conditional eligibility or ineligibility. An application
shall be deemed incomplete and shall not be accepted if supplementary
documentation is not provided to the municipal agent within 10 days
of a request therefor.
(6)
Any tenant applying for protected status shall be promptly notified
of eligibility, conditional eligibility or ineligibility by the municipal
agent. Any tenant who does not qualify for protected status shall
likewise be notified of the determination, and the reasons for ineligibility
shall be set forth in such notice. Notices of determination of eligibility,
conditional eligibility or ineligibility as to each tenant who has
applied shall be provided to the owner or sponsor of the plan or conversion.
[G.O. No. 1442]
(a)
Pursuant to Section 16 of Chapter 226 of the Laws of 1981, the municipal
agent is authorized to levy and collect the following fees:
(1)
At the time the owner furnishes the aforesaid list, envelopes and
notices to the municipal agent he shall also pay to the municipal
agent for the Town of Westfield the sum of $60 for each occupied dwelling
unit sought to be converted, the purpose of this fee being to defray
the cost of administering the Senior Citizens and the Disabled Protected
Tenancy Act. Notwithstanding any provisions herein to the contrary,
such fee shall be collected for any such conversion where notices
were furnished to the municipal agent as aforesaid prior to the adoption
of this article.
(2)
In the event of an appeal by the owner, a hearing fee of $300 shall
be submitted, by the owner, with an application for an appeal. In
the event of an appeal by the tenant, a hearing fee of $300 shall
be submitted by the tenant with an application for an appeal.
[G.O. No. 1442]
Either the tenant or owner, who is not satisfied with the decision
of the municipal agent as to eligibility, conditional eligibility
or ineligibility of that tenant shall be entitled to a hearing on
this issue before the municipal appeals board, provided an application
for such hearing is received within the time period prescribed herein
and the appropriate fee is paid.
[G.O. No. 1442]
(a)
The Town of Westfield hereby establishes an appeals board, which
board shall hear and determine appeals from decisions rendered by
the municipal agent under and pursuant to the Act.
(b)
The appeals board shall be composed of three persons who shall be
the welfare director of the Town of Westfield, the attorney for the
Town of Westfield and the tax assessor for the Town of Westfield.
(c)
Application for an administrative hearing shall be made to the municipal
agent within 10 days after receipt by the aggrieved person of notice
of determination as to eligibility status of the tenant. Said application
shall have attached thereto the administrative hearing fee of $300.
(d)
The administrative hearing shall be held within 10 days of the application
therefor, except in extenuating circumstances, the municipal agent
may in her discretion extend the time therefor.
(e)
The hearing shall be before the appeals board of the Town of Westfield,
and a sound recording shall be made. Both parties may present evidence
and testimony.
(f)
Within 10 days of the close of the hearing on the appeals board,
it shall issue a final written decision and state the reasons therefor.
Appeals from the final decision of the appeals board shall be to the
courts.
