[HISTORY: Derived from Ch. 19A of the 1971 Code. Amendments
noted where applicable.]
This chapter shall be known and designated as the "Lawrence
Township Rent Control Regulations (1984)" and the definitions shall
apply to all uses of the following terms therein.
[Amended by Ord. No. 1315-92; Ord. No. 2003-09 § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
BASE RENT
For a given apartment shall be the monthly rental for that
apartment as calculated by subsection 21-1.17 of this chapter, against
which monthly rental a permissible increase in rent is to be measured.
The term "base rent" does not include any supplemental charges except
increases as allowed by subsection 21-1.18 of this chapter.
LANDLORD
The person or persons letting, owning or managing a residential
rental property situated within the Township.
RENT
The total sum of monies or things of value paid by a tenant
to a landlord during the course of a lease period, excluding monies
paid as security deposit, and monies paid to compensate a landlord
for expenses incurred as a result of damage to premises or breach
of contract by tenant.
RESIDENTIAL MULTIPLE-FAMILY DWELLING
Any separately administered building, structure or complex
of one or more stories or a portion thereof and any land appurtenant
thereto containing 10 or more residential multiple-family dwelling
units. Excluded herefrom are motels, hotels, school or college dormitories
or other buildings or structures serving transients.
TENANT
The person or persons to whom a unit of a residential multiple-family
dwelling is let situated in the Township.
There is hereby created a "Lawrence Township Rent Stabilization
Board" consisting of five members and six alternates appointed by
the Council selected on the basis of their qualifications and fitness
for service on the Board. Of the five members, one each shall be of
the following two classes: (1) a landlord as defined herein; (2) a
tenant as defined herein, and (3) three members who shall be of neither
class and shall be interested citizens. All members and alternates
shall be residents of the Township of Lawrence except those of the
class of landlord.
Any member shall disqualify himself or herself from participation
in any phase of any dispute, controversy or claim whatsoever, involving
any residential multiple-family dwelling in which he or she has or
had any security, ownership, management, leasehold, or other financial
or property interest of whatsoever nature. Such disqualification shall
not be mandatory if the member's interest in the residential multiple-family
dwelling terminated more than five years preceding his or her appointment.
This shall not prevent a member from being disqualified for any other
reason required by law or ordinance.
Members and alternates shall be appointed for two years. There
shall likewise be appointed two alternates to each of the three classes
of members. An alternate may vote on matters in the absence and in
place of a member of the same class provided such alternate certifies
that he has reviewed all documents, tapes or transcripts pertaining
thereto and is familiar therewith.
There shall be appropriated in each annual budget of the Township
such sum as may be determined by the Township Council to be necessary
for the purpose of administering this chapter. The Board shall make
annual requests for appropriation, which requests shall be specific
and submitted to the Township Clerk for presentation to the Council
on or before November 1st of each year for the subsequent calendar
year.
A. The Board shall organize annually at the first regular meeting of
the calendar year, and shall at each such meeting choose from among
its class 3 members: a Chairman, a Vice Chairman and such other officers
as it may deem necessary, and shall determine a schedule of meetings
not less frequently than quarterly in accordance with the "Open Public
Meetings Act." Alternate members shall be designated as "alternate
1, alternate 2," etc., by the Council in advance of the annual reorganization
meeting.
B. There shall be a clerical assistant and an attorney to the Board
appointed by the Council for a term of one year on January 1st of
each year, upon terms as determined by the Council. The Board may
request Council to engage such other legal, professional or clerical
assistance as it deems necessary from time to time to properly implement
this chapter, within available appropriations.
Any member or alternate who has been absent unexcusably from
three successive regular meetings of the Rent Stabilization Board
may be removed from office by Council after written notice and an
opportunity to explain the absences.
A majority of the whole number of regular members shall constitute
a quorum. If a quorum is not present one hour after the appointed
time for the meeting, the presiding officer shall declare the meeting
or hearing adjourned.
A special meeting may be called at any time by the Chairman
or upon request to the Chairman of a majority of the Members of the
Board. The request and call for a special meeting shall specify the
date, time, location and purpose(s) of the meeting. The call for such
special meeting shall be served by the Chairman upon each Board Member
and alternate 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 at such place
previously designated by the Board Members for that purpose. All such
meetings shall be in conformity with the "Open Public Meetings Act."
A. Accurate summary minutes of all meetings, hearings, complaints and
decisions shall be prepared and filed by the clerical assistant to
the Board within one month of each meeting. Minutes shall be in conformity
with the "Open Public Meetings Act" and all members, alternates and
the Township Clerk shall receive a filed copy.
B. All hearings of the Board shall be tape recorded and available for
transcription.
In absence of provisions of law or ordinances to the contrary,
"Robert's Rules of Order" shall govern conduct of the Board's proceedings.
The Board may prescribe forms and procedures and adopt such
administrative rules and regulations as it deems necessary to implement
this chapter consistent herewith and with "Robert's Rules of Order."
Such forms, procedures and rules and regulations shall be filed with
the Township Clerk.
The Board shall have the power to subpoena witnesses, books
and records pursuant to N.J.S.A. 2A:67A-1 et seq.
Insofar as the "Open Public Meetings Act" permits, whenever
any material is to be discussed, the disclosure of which would constitute
an invasion of individual privacy or is otherwise eligible for discussion
in a closed session, a request for confidentiality may be made and
shall be observed to the extent practicable.
A. Any party or affected tenant desiring to appeal any decision of the
Rent Stabilization Board shall appeal to Council. Such appeal shall
be made within 30 days of the date of final decision of the Rent Stabilization
Board. The appeal shall be made by serving the Township Clerk in person
or by certified mail with a notice of appeal specifying the grounds
thereof and the name and address of the appellant and name and address
of his attorney, if represented. Such appeal shall be decided by the
Council only upon the record established before the Rent Stabilization
Board, and such argument as pertains to the established record.
B. The appellant shall, within five days of service of the notice of
appeal, arrange for a transcript of proceedings before the Rent Stabilization
Board to be prepared for use by the Council, and shall pay a deposit
of $50, or the estimated cost of such transcription, whichever is
less; otherwise, the appeal may be dismissed for failure to prosecute.
The Township Council may waive the transcription fee provided for
in this section in the event of economic hardship and upon application
by an appellant.
C. The Township Council may reverse, remand or affirm, wholly or in
part, or may modify the decision of the Rent Stabilization Board.
D. Any landlord intending to appeal a decision of the Board shall notify
the tenant or tenants who may be affected, personally or by certified
mail, at least 10 days in advance of filing the appeal. A tenant intending
to appeal shall similarly notify the landlord and shall follow the
same procedures set forth in this section. Service shall be deemed
effective if made upon the person or address at which rental payments
are made, unless a landlord designates otherwise in advance in writing.
A. Establishment of rents between landlords and tenants in all residential
multiple-family dwellings covered by this chapter shall hereafter
be subject to the provisions of this chapter. With respect to extensions
and renewals of tenancies which are in existence as of the effective
date of this chapter, no landlord may request, impose, or receive
a percentage increase in rent greater than as follows:
(1) For extensions and renewals taking effect on or before December 31,
1985, the percentage increase for an apartment may not exceed 4% of
the average rent levels for that apartment for the preceding 12 months.
In calculating average rent for an apartment for the preceding 12
months for any month in which no rent or less than full rent was charged
because of a vacancy, the rent to be employed for calculation purposes
is the last full month's rent charged for that apartment.
(2) For extensions and renewals taking effect on or after January 1, 1986, the percentage increase for an apartment may not exceed the percentage increase in the index provided for in Subsection
B hereof, calculated by comparing the index for the immediately preceding calendar year at year's end with the year and index for the calendar year immediately preceding that year. Thus, for increases in 1986 governed by this section, the percentage increase is to be determined by comparing the 1985 year's end index with the 1984 year's end index. If, for example, the 1984 year's end index were 200, and the 1985 year's index were 210, then the percentage increase allowable in 1986 would be calculated as follows:
The aforesaid percentage increase would be applied to the average rent for a particular apartment for the preceding 12 months as calculated in accordance with Subsection A(1) above for the purposes of determining the maximum increase allowable. Thus, if the index calculations were to produce a maximum allowable percentage increase of 5% and if the average rent for a particular apartment for the preceding 12 months were to be $500, then the maximum allowable increase for that apartment on an extension or renewal would be $25 ($500 x 0.05).
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(3) For extensions and renewals taking effect on or after January 1,
1993, the percentage increase for an apartment may not exceed the
percentage increase in the Consumer Price Index for Urban Wage Earners
and Clerical Workers, Selected areas, All Items Index (CPI-W, Table
3.), U.S. City Average, as published by the U.S. Department of Labor,
Bureau of Labor Statistics, hereinafter referred to as the "index,"
calculated by comparing the index for the month of September in the
immediately preceding calendar year with the index for the month of
September in the calendar year immediately preceding that year. Thus,
for increases in 1993 governed by this section, the percentage increase
is to be determined by comparing the index for the month of September
1992 with the index for the month of September 1991. For example,
the index for the month of September 1991, was 135.2. If the index
for the month of September 1992 were to be 141.90, then the percentage
increase allowable in 1993 would be calculated as follows:
141.90 - 135.2
135.2
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= 0.05 (after rounding to the nearest 0.01) or 5%
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The aforesaid percentage increase would be applied to the average rent for a particular apartment for the preceding 12 months as calculated in accordance with Subsection A(1) above for the purposes of determining the maximum increase allowable. Thus, if the index calculations were to produce a maximum allowable percentage increase of 5% and if the average rent for a particular apartment for the preceding 12 months were to be $500, then the maximum allowable increase for that apartment on an extension or renewal would be $25 ($500 x 0.05).
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B. Beginning January 1, 1986, the index to be utilized for making the calculations called for by Subsection
A(2) above shall be the December - December Average Percent Change of the Consumer Price Index - CPI - W - Table 3 U.S. City Average, All Items, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Pending publication of the index during any applicable year, the corresponding index of the preceding year shall be utilized in calculating rent level changes.
A. Powers of Board.
(1) The Rent Stabilization Board shall have the power and duty to hold
hearings, engage in fact finding, reform leases to accord with the
provisions of this chapter and adjudicate hardship increases and decreases
in rents from the increases permitted herein, provided no such hardship
increase or decrease shall result in a total increase or decrease
which provides more or less, respectively, than a just and reasonable
rate of return to the landlord on the landlord's investment.
(2) The Rent Stabilization Board shall and does have the power to promulgate
such regulations as are necessary and proper to administer the provisions
of this chapter and to fairly adjudicate all applications properly
advanced before it. All such regulations shall be fully consistent
with the provisions of this chapter and with State law.
B. Hardship increases and decreases.
(1) Hardship increases may be granted upon landlord application as follows:
(a)
To provide amortized reimbursement to the landlord for major
capital improvements to the residential multiple-family dwelling pro-rata
as applicable to units thereof.
(b)
To provide reimbursement to the landlord for additional or enlarged
landlord furnished services to tenants of the residential multiple-family
dwelling pro-rata as applicable to units thereof.
(c)
To insure, that, considering all applicable landlord operating
and financing costs, landlord may legally receive sufficient rental
income to provide a just and reasonable return.
(d)
The foregoing factors permitting a hardship increase may also
be utilized to adjudicate hardship decreases where there is a reduction
in facilities, maintenance, repairs or services rendered to any tenant
by landlord or reduction in any applicable landlord operating or financing
costs, all upon application by a tenant.
(2) The burden of proof shall be on the applicant, who shall comply with
all applicable rules, regulations and procedures and submit on forms
prescribed by the Board.
(3) All parties may be heard, call witnesses, be represented by counsel
and offer any relevant evidence or material.
(4) Applications for the foregoing hardship increase(s) or decrease(s)
in rent must be filed not later than 90 days prior to the proposed
effective date of the application. Proof of service upon the affected
tenant(s) or landlord, as the case may be, must accompany each application.
Any applications not complying with the provisions of this chapter
shall not be considered.
(5) All evidence of a financial nature submitted by any party to the
Rent Stabilization Board for hardship increases or decreases must
be supported by a sworn statement by that party as to the accuracy
thereof.
(6) The Board may grant, deny or modify any such application and its
decision shall be binding on all parties.
(7) There shall be a fee payable, per rental unit under application, to the Township of Lawrence as established in Chapter
156, Fees.
C. Rent adjustment proceedings. In the event that a tenant contends
that a lease agreement outstanding or proposed between the tenant
and landlord provides for a rent which exceeds the allowable rental
increases provided for herein, the tenant may make complaint to the
Board upon forms and pursuant to procedures which may be promulgated
by the Board. Upon filing of such a complaint by a tenant, and upon
notice to the landlord pursuant to procedures set forth in paragraph
b. hereof, the Board shall hear and decide whether an outstanding
or proposed lease conforms to the provisions of this chapter. If the
Board finds that the lease does not conform, the Board may direct
reformation of the lease to conform. Refusal of the landlord to so
reform the terms of the lease shall constitute a willful violation
of this chapter.
[Amended by Ord. No. 1313-92]
A. Should an apartment become vacant, the initial rental to be charged for that apartment to a new tenant shall be determined by the landlord. Thereafter, any future rent increases for that apartment unit shall be governed by the provisions of §
325-17 of this chapter.
B. A landlord who engages in any course of conduct which unreasonably disturbs any tenants in the lawful use and occupancy of the tenant's apartment unit, including, but not limited to, willful interruption or discontinuance of services or failure to correct violations of applicable housing, health and safety codes, with the intent to create a vacancy shall be guilty of a violation of this section and shall be liable for the penalty stated in Chapter
1, Article
III.
Permissible rent increases which are not charged by a landlord
in whole or in part will be waived unless the right to charge the
difference is reserved in the lease. The amount so reserved may be
made a part of the base rent upon the expiration of the lease period.
Any landlord seeking an increase in rents shall notify the tenant
by certified mail or by personal service, on a form approved by the
Board of the calculations involved in computing the increase, including
all information required in order to compute the formulas as set forth
in this chapter, as well as the rental charged for the unit under
the terms of the most recent prior lease, oral or written. A copy
shall be filed with the Board at the time of notice to tenants. A
tenant seeking a rental decrease shall reciprocally both notify the
landlord and follow the same procedure set forth in this section,
with service upon landlord to be effected if made to the person or
address at which rental payments are then made unless landlord designates
otherwise in advance in writing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any reprisal or attempted reprisal by a landlord against a tenant or by a tenant against a landlord, of any nature whatsoever because of the party's use or attempted use of the provisions of this chapter shall be liable for the penalty stated in Chapter
1, Article
III, for each such reprisal or attempted reprisal.
A. Every hearing shall be conducted by a quorum of the Board. Two or
more petitions involving the same landlord may, in the discretion
of the Board, be consolidated for a single hearing.
B. The failure of any party to a rent adjustment proceeding or any other
hearing before the Board to appear in defense of or in response to
a petition shall not be cause for the granting of the relief petitioned
for; provided, however, that the Board shall not be obligated to await
the appearance of any party failing to respond to a notice of a hearing
and may proceed to a hearing and determination upon whatever evidence
is produced before it.
C. If the Board shall determine that a tenant has been caused to pay
excessive rents in excess of the limitations provided herein, it shall
incorporate in its final determination an order compelling reimbursement
of the difference between the total amount paid in excess and the
amount determined by the Board as allowable under the chapter, plus
interest at current bank money market rates.
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 §
325-18. In addition, such may be deemed a reprisal and subject the landlord to penalties provided in §
325-22 above. Significant increase or decrease in maintenance, repairs, facilities or services is a factor to be considered in all applications hereunder. If the Board shall determine there has been a significant decrease in maintenance, repairs, facilities or services, it may also order 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of any provisions of this chapter, including, but not limited to, the filing with the Board of any material misstatement of fact, or any violation of an order duly issued by the Board, the violator shall be liable for the penalty stated in Chapter
1, Article
III. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
Any written or oral provision in any agreement whereby the rights
conferred under this chapter are waived, altered or amended shall
be deemed against public policy, void and unenforceable.
Notwithstanding any provision hereof to the contrary, any rental
increase lawfully imposed pursuant to the Township's Temporary Rent
Ceiling Ordinance No. 947-83 adopted June 15, 1983, as amended and
supplemented, shall not be affected by the provisions of this chapter.
Whenever money or other form of security shall be deposited
or advanced on a lease agreement for the use of rental property and
security for the performance of that agreement, the person receiving
the monies deposited or advanced shall deposit such money in a banking
institution or savings and loan association in the State of New Jersey
insured by an agency of the federal government in an account bearing
interest at the highest rate currently paid by such institution and
association for such accounts.
A lease between a tenant and a landlord shall cease to exist
upon the death of the tenant provided the tenant's estate pays for
any rent due for the apartment if it is still being used by the heirs
of the deceased tenant. Once all personalty and belongings of the
deceased have been removed, the lease shall expire.
The Board shall annually review each of the provisions of this
chapter and recommend to Council all changes it deems appropriate
to reflect change of conditions affecting the local rental housing
market.
A. In the event a tax appeal is taken by the landlord and the landlord
is successful in the appeal, and the taxes are reduced, or if taxes
are decreased by virtue of other circumstances, 75% of the net benefit
of the decrease shall be credited to each rental unit in proportion
to its pro rata unit tax burden. No landlord may request or receive
any increase in rent unless and until it has paid all outstanding
rebates due pursuant to this subsection.
B. No landlord may request or receive any increase in rent unless and until it has been certified to the Township of Lawrence that the landlord has remitted the most recent rebate to the tenant under the provisions of this section. The landlords shall post and maintain in a prominent place within its premises, a notice containing a listing of current specific rebates. A failure to comply with the provisions of this section shall also be punishable under §
325-25 above.
[Amended by Ord. No. 1315-92]
A. All landlords of properties covered by this chapter shall register
all rental units located therein with the Board. The registration
shall include pertinent information related to the rental history
and status of the units as required by the Township.
B. The registration provided for in this section shall be performed annually using forms provided by the Board, with each annual registration due on or before February 15 of the current year. Each registration shall be filed with the Township Clerk, who shall forward such registration to the Rent Stabilization Board for its review. No landlord may request or receive any increase in rent after February 15 of the current year unless and until the landlord has filed the registration required by this section with the Township Clerk. In addition, a failure to comply with the provisions of this section shall also be punishable under §
325-25 above.
[Amended by Ord. No. 1001-85]
Any new construction rental development providing for 20% set
aside to comply with Mount Laurel II low- and moderate-income housing
provisions is exempt from Ord. No. 87-84.
All ordinances and resolutions and all provisions thereof inconsistent
or conflicting with the provisions of this chapter are hereby repealed
to the extent of such conflict or inconsistency; provided, however,
that the provisions of Ord. No. 954-83 (Ord. Nos. 954-83, 997-84 and
1001-85 are contained in this chapter.) adopted September 7, 1983
as amended and supplemented, shall remain fully enforceable for the
period during which they were in effect.