[Ord. No. 6-1984; Ord. No. 7-1985]
The Township has adopted previously, Rent Control Ordinances and amended same based upon the emergency which existed in the Township with respect to the rental of housing space in multiple dwellings. The Township Council does hereby declare that an emergency now exists in the Township with respect to the rental of housing space and parking space in multiple dwellings not subject to rent control by reason of the demands for increases in rent which are determined by the Township Council to be exorbitant, speculative and unwarranted and causing severe economic hardships upon tenants and are adversely affecting the health, safety and general welfare of the citizens of the Township warranting legislative action by the Township Council. This emergency has been created by a deterioration of a substantial portion of the existing housing stock, insufficient new housing construction, insufficient new area for construction of added parking, increased cost of construction and finance, and growing inflation. This has caused a substantial and increasing shortage of rental housing accommodations and parking facilities for families of low and moderate income and abnormally high rents. The fear of being evicted without just cause and being forced to seek housing and parking in such a market discourages Weehawken tenants from complaining about exorbitant increases in rent for housing and parking and about the continued deterioration of housing, and this fear thus contributes to these harmful conditions; this warrants legislative action by the Township Council.
[1]
Editor's Note: For regulations regarding fuel oil supply for tenants when landlord fails to obtain, see Chapter 9, Building and Housing, § 9-8.
[Ord. No. 6-1984 § 1; amended Ord. No. 7-1985 §§ 2 – 4; Ord. No. 20-2002 § 1; Ord. No. 12-2013 § 1; 12-12-2018 by Ord. No. 20-2018; 6-12-2019 by Ord. No. 19-2019]
As used in this chapter:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Hudson and Township of Weehawken and occupied or unoccupied and offered for rent.
BASE RENT
The lawful rent in force and effect for housing space on January 1, 1974, plus any increases allowed by the chapter or prior ordinances of the Township.
DWELLING
Includes any building or structure or trailer or land used as a trailer park, occupied, rented or offered for rent or lease or available for rent to tenants. Exempt from this chapter are motels, hotels and similar type buildings and buildings intended for transient use, floor space used strictly for commercial purposes in any type building, owner-occupied two- and three-family dwellings in accordance with and subject to the provisions of Subsection 12-3.12. A newly constructed dwelling rented for the first time is exempt to the extent that the initial rent may be determined by agreement between the landlord and the first tenant thereof, and certified by the Board Secretary in a form approved by the Board, but all subsequent rents are subject to the rent limitations of this chapter, except that any newly constructed dwellings qualifying under Subsection 12-3.1g1 shall be exempt from the rent control provisions of this Chapter 12 for a period of 30 years from completion of construction, as more specifically set forth and provided therein. This provision shall apply to all qualifying rental units, nunc pro tunc, from the date of completion of construction.
FAIR RETURN
The percentage of return on equity in a real property investment. Equity shall be determined by the actual purchase price, plus any capital improvements since the purchase unless the cost of the capital improvement has been previously recovered by way of capital improvement surcharges pursuant to this chapter, minus any and all existing liens on the property. Further, the amount of return shall be measured by the net income before depreciation. A fair return on the equity investment in real property shall be considered to be up to 6% above the maximum passbook demand deposit savings account interest rate available in the Township. The 6% reflects the higher risk, 3%, and the lesser liquidation 3%, of a real estate investment in comparison to other investments.
HOUSING SPACE or DWELLING UNIT
Includes that portion of a dwelling (including furnished housing spaces or dwelling units) occupied, rented, offered for rent, or available for rent to tenants for living purposes to one or more individuals of a 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.
MAJOR CAPITAL IMPROVEMENT
Any improvement to the property that substantially enhances its value or substantially prolongs its life and:
a. 
Is deemed depreciable (such as under the Internal Revenue Code) other than an ordinary repair; and
b. 
Enhances the operation, preservation, habitability and maintenance of the building; and
c. 
Directly or indirectly benefits tenants of the building; and
d. 
That the need for the requested improvement did not result from the failure of the landlord to provide proper regular maintenance and reinvestment in the building.
The qualification of any improvement as a major capital improvement, as well as the useful life thereof, shall be in the discretion of the Board, and may be standardized and published by the Board from time to time.
OWNER
A person or entity who is vested with legal title to real property which vesting shall be documented by a deed, or other legally recognized instrument, duly filed or recorded in the public record. The Board may, within its reasonable discretion, consider a fiduciary or beneficiary, during the settlement of an estate, as an owner.
OWNER-OCCUPIED
A residential unit in which an owner, who holds at least a 50% interest in the property and who is a natural person, resides as that owner's primary residence. The burden to prove the owner's occupied status of a unit shall be on the owner and shall be determined by the Board after submission of proofs satisfactory to the Board.
PARKING SPACE
Includes the area provided for on site parking.
SERVICES
The provision of light, heat, hot water, maintenance, painting, elevator service, air conditioning, laundry service, storm windows, screens, superintendent services, and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
SUBSTANTIAL COMPLIANCE
That the housing space and dwelling are free from all heat, hot water, elevator, and all health, safety, and fire hazards as well as 90% qualitatively free of all other violations of the ordinances of the Township and the Property Maintenance Code of the State of New Jersey where applicable.
[Ord. No. 6-1984 § 2; Ord. No. 7-1985 §§ 6-8; Ord. No. 20-2002 § 2; Ord. No. 09-2009 § 1; Ord. No. 12-2013 § 2]
a. 
All rents for rental of housing space and services are hereby controlled at the base rent level received or established as of January 1, 1974, and no rent increases shall hereafter be demanded except for increases as authorized by this chapter.
b. 
Establishment of rents between a landlord and a tenant to whom this act is applicable shall hereafter be determined by the provisions of this chapter. It shall be unlawful for any landlord to demand, receive or collect any rental increase more than once in any twelve-month period, irrespective of the number of different tenants occupying the housing or parking space during the twelve-month period. Any rental increase in excess of that authorized by the provisions of this chapter shall be void and of no effect and only an increase, decrease, or adjustment determined pursuant to this chapter shall have any effect.
c. 
At the expiration of a lease or at the termination of the lease of a periodic tenant, no landlord may request or receive percentage increases in rent with respect to any housing or parking space which is greater than the permitted annual increase fixed by the Board for any twelve-month period, consistent with the prerequisites, conditions and limitations hereinafter provided. The permitted annual increase shall be set annually by the Board and shall be the percentage annual increase in the Consumer Price Index, All Items, for New York - New Jersey - Long Island (NY-NJ-CT-PA 1982-84=100), first half-year average (HALF1), or its successor index published by the United States Department of Labor; provided, however, that in no event shall the permitted annual increase be less than 1% or greater than 4%. The Board shall determine and fix the Permitted annual increase percentage, and notify the public, following publication of the applicable CPI data, but in no event later than November 1 of the year prior to the calendar year for which the permitted annual increase percentage will be effective.
d. 
All rents for rental of parking spaces are hereby controlled at the base rent level received or established as of January 1, 1985, and no increase shall hereafter be demanded except for increases as authorized by this chapter.
e. 
Whenever an occupied rental unit in an owner-occupied property that is exempt from the controls of this chapter becomes subject to the controls of this chapter due to the cessation of an owner's occupancy, the initial, controlled base rent for that occupied unit may be established by written agreement between the tenant and landlord, prior to, or within 30 days after, the unit becomes subject to the controls of this chapter. The agreement may provide for a "phase in" of increased rent, but shall not exceed 12 months in duration unless approved by the Board. A sample form of agreement may be promulgated by the Board.
f. 
Whenever a vacant rental unit in an owner-occupied property that is exempt from the controls of this chapter becomes subject to the controls of this chapter due to the cessation of an owner's occupancy, the base rent for that vacant unit shall be the actual rent established upon the rental of that unit.
g. 
Newly constructed dwellings on or after June 25, 1987, not subject to Township rent controls for 30 years; required notices to tenants; statements required to be filed with the Rent Leveling Board.
[Added 12-12-2018 by Ord. No. 20-2018]
1. 
Any multiple dwelling (as "multiple dwelling" is defined in N.J.S.A. 2A:42-84.1e) that is constructed (as "constructed" is defined in N.J.S.A. 2A:42-84.1b), after the first construction permit therefor which is issued on or after June 25, 1987 (referred to herein as a "newly constructed dwelling"), shall not be subject to the limitations on rent increases contained in Chapter 12 (Rent Control) of the Revised General Ordinances of the Township of Weehawken for a period of 30 years following completion of construction thereof. The date of completion of construction shall be the date of issuance of the first certificate of occupancy, whether temporary or permanent, with or without conditions.
2. 
The owner of any newly constructed dwelling exempted from the Township's rent control laws (Chapter 12) pursuant to this subsection shall, prior to entering into any lease with a person for tenancy of any rental unit located therein, furnish the prospective tenant with a written statement that the premises is exempt from rent control for such time as may remain in the exemption period. Each lease offered to a prospective tenant for any rental unit therein during the period of the exemption shall contain a provision notifying the tenant of the exemption and of the exemption period.
3. 
The owner of any newly constructed dwelling exempted from the Township's rent control laws (Chapter 12) pursuant to this subsection shall, within 60 days of effective date of this subsection, file with the Rent Leveling Board a written statement, certified by the owner, that the premises is exempt from rent control and setting forth the commencement and expiration dates of the exemption period.
h. 
Two- and three-family dwellings will be exempt from the provisions of this chapter if the dwelling: a) is owner-occupied on the date of adoption of this section; or b) is sold or transferred by an owner-occupant to a person or persons who take personal occupancy of the unit occupied by the immediate prior owner as the new owner's primary residence within a reasonable period of time under the circumstances, as determined by the Board in the event of doubt, after the purchase or transfer and so long as no rental of the said prior owner's unit(s) intervenes; or c) becomes owner-occupied by virtue of an owner moving into a unit therein other than a unit occupied by the immediate prior owner, but in that case only after the owner-occupant has lived in the dwelling as that owner's primary residence for a period of two uninterrupted years and the Rent Leveling Board certifies the dwelling as owner-occupied exempt. A qualifying owner must obtain a certificate of exemption from the Board by submitting an application on forms provided by the Board together with all required proofs. The Board shall notify the owner and each tenant of the dwelling of the Board's determination. The notice shall advise the owner and each tenant of the dwelling that they are entitled to a hearing before the Board if they dispute the Board's determination, whereupon the Board shall hold a hearing on notice to all parties. Any exemption(s) pursuant to Subsection 12-3.1hc) shall remain in effect only for so long as the said new owner maintains the unit as said owner's primary residence and, thereafter, the rent for units therein shall revert back to the last legal controlled rents, plus any intervening increases allowed pursuant to Subsection 12-3.1c of this chapter.
[Added 6-12-2019 by Ord. No. 19-2019]
i. 
An exempt two- or three-family dwelling will automatically become nonexempt and subject to the controls of this chapter upon the cessation of an owner's occupancy except in cases where Subsection 12-3.1hb) applies.
[Added 6-12-2019 by Ord. No. 19-2019]
j. 
Whenever an owner shall take occupancy of a previously non-owner-occupied dwelling unit and fails to occupy that unit for a period of two years or more, the base rent of the subject unit shall remain the base rent in effect at the time of the owner occupying the unit plus any permitted annual increase for the year. Where the owner shall have occupied the unit for a period of two years or more the provisions of Subsection 12-3.1f shall apply.
[Added 6-12-2019 by Ord. No. 19-2019]
[Ord. No. 6-1984, § 4; Ord. No. 20-2002, § 3]
Any landlord seeking an increase in rent shall notify the tenant of said increase, in the form, manner and within the time periods required by the laws of this State provided for that purpose. Any such notice must include, in addition to the requirements of law, the calculations in computing the increase, including the current rent, the allowable percentage increase and the allowable rental increase together with the date of the last increase in rent. Notwithstanding the above, a landlord seeking an increase in rent shall notify the tenant at least one month in advance by regular and certified mail or personal service.
[1]
Editor's Note: Former §§  12-3.4, 12-3.5 and 12-3.6, regarding the right of a landlord to impose a tax surcharge, adopted by Ord. No. 6-1984, as amended, were repealed 11-17-2017 by Ord. No. 20-2017. Said ordinance also provided that "any unpaid installments of a tax surcharge lawfully imposed upon a tenant pursuant to §§ 12-3.4 and 12-3.5 based upon taxes assessed for the year 2016 and in effect as of August 15, 2017, may be collected pursuant to § 12-3.6, as in effect at that time."
[Ord. No. 6-1984, § 8; Ord. No. 20-2002, § 6; amended 11-17-2017 by Ord. No. 20-2017]
a. 
Any tax surcharge that was lawfully imposed pursuant to Subsections 12-3.4 and 12-3.5, based upon taxes assessed for the year 2016 and in effect as of August 15, 2017, may, upon proper notice to a tenant given on or before December 31, 2017, be added to base rent for all purposes, including the computation of future allowable rent increases.
b. 
Where any landlord has levied a tax surcharge and where that landlord successfully appeals the assessment, any tenant who has paid the tax surcharge shall receive 100% of the reduction applied to the surcharge, after the landlord has deducted all expenses incurred in the tax appeal process, within 45 days of the landlord's receipt of the notification that the taxes have been reduced. Where a landlord has his taxes reduced for any other reason, there shall be a rebate to tenants on a prorated basis of 100% less expenses.
[Ord. No. 6-1984, § 9; New; Ord. No. 20-2002, § 7]
a. 
Any landlord seeking an increase in rent pursuant to Subsection 12-3.1 of this chapter must demonstrate that the dwelling is in substantial compliance with the Building Codes, Housing Codes, Fire Prevention Codes and Property Maintenance Codes of the Township and the State of New Jersey. The landlord may not charge or collect such rental increase unless the dwellings are in such substantial compliance. For all buildings subject to this chapter containing four or fewer dwelling units, a general certification shall be executed by the landlord at the time of, and filed with, the annual registration statement certifying that the building and all units are in substantial compliance. For all buildings subject to this chapter containing five or more dwelling units, a detailed certification, in a form provided by the Board, shall be executed by the landlord at the time of, and filed with, the annual registration statement, certifying that the building and all units are in substantial compliance. No annual increases shall be levied or collected until after the expiration of 30 days from the filing of the said certification by the landlord. Should the Board, the Board's staff, or any other municipal agency having authority over compliance of any applicable code contest the validity or accuracy of the landlord's claimed compliance, or report any code compliance violations to the Board, the Board shall: (i) notify the landlord and tenants that collection of the annual increase is stayed and postponed pending a determination of the Board; and (ii) schedule the matter for hearing and determination by the Board, which hearing shall not be unreasonably delayed. If the Board should determine at the hearing regarding the accuracy of such certificate that the dwelling is not in substantial compliance with all of the aforesaid codes, then the Board may order the rental increase be rescinded, and may order that amounts previously paid towards the increase be refunded or withheld from future rent, and may assess penalties against the landlord as are generally provided for under or pursuant to this chapter. The Board may adopt by rule such requirements and procedures to be employed to implement and enforce the provisions of this section, including the authority to compel landlords to obtain inspections and/or certificates of compliance from various agencies, at the landlord's sole cost and expense.
b. 
In connection with any hardship or capital improvement increase application under Subsection 12-3.9, the landlord shall, consistent with the findings of the Board, ensure that substantial compliance with the aforesaid codes is achieved either prior to or subsequent to the increase being implemented. The Board shall retain jurisdiction to modify, limit or revoke any increase if the Board finds that a landlord has failed to achieve and maintain substantial compliance consistent with the Board's prior findings. The Board shall review the landlord's compliance upon the reasonable request of a tenant of the property, a Board member, the Board's staff, the office of the Construction Official or any other municipal, county or state agency having jurisdiction over the property, apartment or tenancy.
[Amended 10-26-2016 by Ord. No. 22-2016]
c. 
Whenever there is an issue as to whether or not a landlord is in substantial compliance, that issue shall be determined by the Rent Leveling Board after a hearing based on the evidence produced at the hearing. At that hearing, any certification or inspection by the office of the Construction Official regarding substantial compliance shall be evidential but shall not be determinative.
d. 
Whenever a party who is seeking a certificate regarding substantial compliance from the office of the Construction Official notifies the Rent Leveling Board that the party seeks the assistance of the Board in expediting that Department's inspection, then the Rent Leveling Board shall utilize its best efforts to have the office of the Construction Official expedite the inspection. Nothing contained in this section shall prevent the Rent Control Board from considering testimony by the landlord and tenants as to the condition of the property.
[Ord. No. 6-1984, § 11; Ord. No. 7-1985, §§ 9-10; New; Ord. No. 20-2002, § 8; amended 10-26-2016 by Ord. No. 22-2016]
a. 
In the event that the landlord cannot meet his operating expenses, or cannot make a fair return on his investment, he may apply to the Rent Leveling Board for a hardship increase on forms prescribed by the Board. In considering a hardship, the Rent Leveling Board shall give due consideration to any and all relevant factors, including, but not limited to, the following:
1. 
Compliance with local and state housing codes; level and quality of service rendered by the landlord in maintaining and operating the building.
2. 
Whether the landlord made a reasonably prudent investment in purchasing the property and in arranging financing of the property.
3. 
The presence or absence of reasonably efficient and economical management; and whether the operating expenses are reasonably incurred and reasonably likely to recur.
4. 
Such other factors as the Board deems relevant or proper for a sound consideration of the application.
5. 
The Board shall also consider and the landlord shall provide the following documents, and an application for hardship shall not be considered as filed until such data set forth below is submitted to the Board:
(a) 
Proof of ownership for a minimum of 12 months prior to filing of the hardship application.
(b) 
Detailed financial statements of condition, profit and loss and cash flow statements, income tax returns for three years, and rent rolls for a three-year period. Profit and loss statements shall include in gross income any and all income, direct or indirect. Expenses from gross income have to be actual, documented, reasonable, usual, necessary and unavoidable.
(c) 
Operating expenses shall not include capital expenditures, mortgage interest or amortization, fees or insurance attributable to financing or any other expenses related to debt, depreciation or income tax. Operating expenses may also not include any one-time expense which is not likely to recur on an ongoing basis. The Board shall have the authority to apportion the cost of allowable but nonrecurring operating expenses (i.e., operating expenses which are not major capital improvements) according to the duration of the expense or period of time the expense covers. The Board shall also have the authority to limit the duration of rent increases resulting from such nonrecurring operating expenses to the length of time necessary for the landlord to recover the cost thereof. This provision includes, but is not limited to, such items as balloon mortgages and periodic inspection fees (such as the five-year cyclical multiple-dwelling inspections of the Department of Community Affairs).
(d) 
A yearly bank statement on mortgage payments, copies of bills, invoices and any other evidence of payment of operating expenses for the year in question.
(e) 
Purchase agreement, deeds, mortgage documents and any other pertinent data related to ownership and financing of the building.
(f) 
Disclosure of current professional and management fees and the relation, if any, between the landlord and the recipients of such fees.
(g) 
Disclosure of present and past rates of vacancy in the dwelling within a three-year period.
6. 
The Board may also require information submitted to be certified by an independent certified public accountant.
7. 
Interest on mortgage may be allowed as an administrative expense if the Board specifically finds that the landlord made a reasonably prudent investment in: (a) purchasing the property; (b) the level of cash investment in the property; and (c) the terms of financing, including, but not limited to, the mortgage interest rates. The Board must also find that the property was purchased in an arm's length transaction and the level of debt is not disproportionately high in relation to the net worth of the purchaser. The Board may consider any other factor which it deems relevant in determining whether interest on the mortgage will be allowed as an administrative expense. Interest shall not be allowed on a refinance. Where the proceeds of a refinance are used to make capital improvements to the property, the Board may consider such improvements in arriving at a fair return.
b. 
A landlord may seek an increase for major capital improvements to the dwelling.
1. 
All applications for rental increases due to major capital improvements shall be filed prior to the commencement of any proposed capital improvement project or within 90 days following emergent improvements. An emergent improvement application may only proceed on a finding by the Board that the improvements were emergent in nature or otherwise of such a character that delay in making the improvements would have been detrimental to the tenants.
2. 
Any landlord seeking to impose an increase shall file with the Board an application on a form prescribed by the Board. The capital improvement increase application shall include the total cost of the completed capital improvement, the number of years of useful life of the improvement as published by the Board, the average cost of the improvement, the total number of square feet of all rental space in the building, including any nonresidential space, space which is vacant and space which is owner-occupied (the "total square footage"), the total number of square feet occupied by each tenant and the capital improvement increase the landlord is seeking from each tenant. The landlord shall divide the cost of the improvement by the number of years of useful life of the improvement as published by the Board. This figure shall be divided by the total square footage to obtain the capital improvement increase per square foot. The tenants shall not be liable for a capital improvement increase exceeding the increase per square foot multiplied by the number of square feet of housing space occupied by each tenant. In the event that the property contains residential space only, and the rooms in all units are of similar size, the landlord may substitute the number of rooms in place of square-foot calculations. The appropriateness of such substitution will rest within the discretion of the Board.
3. 
The Board, in considering a capital improvement application, may consider the cost of the improvement, the nature of the improvement, the number of years of useful life of the improvement, the condition of the premises, and what portion of the building the improvement enhances. The Board may consider all the foregoing criteria, and any recommendations in the Construction Official's report, in determining whether the landlord shall be entitled to impose the entire improvement upon the tenants or a portion thereof.
c. 
The following shall be applicable to all hardship and capital improvement applications:
1. 
Upon filing the application, the landlord shall also file a request with the Municipal Construction Official for a substantial compliance inspection. Assuming the landlord cooperates with scheduling inspections, the Construction Official, or a designee, shall use his/her best efforts inspect the premises and provide a report to the Board within 30 days. In the case of a capital improvement application, the report shall contain preimprovement photos. The Board may consider any recommendations in the report and may, in its discretion, make all or part of any increase given conditioned on satisfying some or all of the recommendations of the Construction Official's office, either prior or subsequent to the effective date of the increase. In the latter case, the Board shall retain jurisdiction to assure that any required post-increase conditions are satisfied. In the case of nonemergent capital improvement applications, a landlord may, at its own risk, commence proposed capital improvements only after the completion of the substantial compliance inspection by the Construction Official's office.
2. 
Upon receipt of the report from the Construction Official's office, the Board shall schedule a meeting between the landlord and the Capital Improvement and Hardship Subcommittee. The attendance at the scheduled meeting by the landlord or its agent will be mandatory; however, attendance at any subsequent or follow-up meeting will be at the discretion of the Subcommittee. Once the Subcommittee is satisfied that all required information and documentation has been provided by the landlord and that all issues regarding substantial compliance have been or will be addressed, the Subcommittee shall refer the application, with the Subcommittee's recommendations, to the Board for hearing. The Board will advise the landlord of the date on which the application will be heard, which date shall not be sooner than 45 days.
3. 
Not less than 30 days prior to the scheduled hearing, the landlord shall serve a notification, in a form prescribed by the Board, on each tenant by certified mail, regular mail and by posting a copy of the notification in the lobby or other conspicuous common area of the building. The notice shall advise the scheduled date and time of the hearing and provide that the tenants may inspect a full copy of the application, any amendments, exhibits and expert reports at the office of the Rent Leveling Board during business hours and that the tenants have the right to object to the application in person at the hearing or in writing no later than five days prior to the hearing. In the case of a capital improvement application, the notification shall also include, at a minimum, a description of the proposed capital improvement, the total cost of the proposed capital improvement, the total square footage or number of rooms in the property, the square footage or number of rooms for each apartment, and the amount of the proposed monthly increase for each unit.
4. 
Not less than 10 days prior to the hearing, the landlord shall file with the Board a certification of proof of service and posting, with stamped certified mail receipts attached. No hearing will be held until satisfactory proof of timely mailing and posting is presented to the Board. Should any hearing be postponed, the Board may, in its discretion, require renotification by the landlord.
5. 
In the event that a capital improvement increase is being requested for renovations to be made to an individual dwelling unit which is, or will be, vacant at the time of the renovations, the notice requirements will be waived and the hearing may be scheduled sooner than 45 days after notice to the landlord. If the requested monthly rent increase is not more than 10% of the current monthly base rent, the landlord's mandatory attendance at a Subcommittee meeting may be waived by the Subcommittee.
6. 
In the event a landlord shall be entitled to a capital improvement increase for an occupied unit under Subsection b above in excess of 6% of the monthly base rental in effect at the time of the imposition of the increase, the increase will be limited each year to 6% of the monthly base rental in effect each year, until the full increase has been phased in or the occupant has vacated the unit.
7. 
The Board may not accept more than one hardship or capital improvement increase application in any twelve-month period for any building, with the exception of applications for emergent improvements or vacant unit renovations under Subsection c5 above.
[Ord. No. 20-1994, § 1]
a. 
In the event that a landlord wishes to completely rehabilitate a residential unit which is subject to the controls imposed by this chapter and place such unit into the Weehawken Residential Rental Preservation Program (the "Program"), which is hereby created, the landlord may make application to the Weehawken Township Council (the "Council") and to the Weehawken Housing Agency (the "Agency") as hereinafter provided, to have such unit designated a Preserved Affordable Housing Unit and admitted into the Program.
b. 
In order to qualify a unit for the Program:
1. 
First, the landlord must receive preliminary approval from the Council, which may be granted or denied in the discretion of the Council, upon application filed with the Township Clerk. The application shall include:
(a) 
Proof that such unit(s) have been accepted into a governmental affordable housing program under which the landlord will receive grant money, a subsidized loan or a combination of both for the rehabilitation work to be performed;
(b) 
An affidavit of the landlord that no person who occupied such unit(s) for the three-year period prior to the application was in any way harassed or coerced to move from the unit(s) or to be involved in the Program. If deemed necessary by the Council, the applicant shall be required also to file affidavits to that same effect from the present tenant(s), or the last tenant(s) to occupy the unit(s) if then vacant, and from all other tenants who occupied the unit(s) during that three-year period; and
(c) 
Proof of the pre-rehabilitation condition of the unit and the appropriateness of the rehabilitation. However, this condition will be deemed satisfied if the governmental grant or loan program covering the unit(s) imposes requirements or conditions deemed by the Council to address its concerns in this regard adequately.
The Council may impose such other requirements or conditions of approval as it deems appropriate; and
2. 
Next, after receiving preliminary approval from the Council, the landlord shall make application to the Agency and have the unit(s) accepted by the Agency into the Program. This application shall include proof that the unit(s) have been completely rehabilitated. The Agency may require such photographs, financial and other evidence thereof as it deems appropriate.
c. 
All tenants who are to occupy a unit accepted into the Program must first be approved by the Agency.
d. 
The initial rent for a unit upon admission into the Program and all increases thereafter while the unit remains in the Program must not exceed the guidelines established for the applicable governmental affordable housing program. If the applicable program does not govern increases after establishment of the initial rent, then all increases shall be in accordance with the provisions of this Chapter 12.
e. 
In order to remain in the Program, the subject unit, the exterior and all other common areas of the building in which the unit is located must be maintained to the satisfaction of the Agency.
f. 
The landlord must file, annually, with the Weehawken Rent Leveling Board, rent roll registrations on forms prescribed by that Board, showing what the rent-controlled base rent for each unit would be if it was not in the Program, as well as all other information required by the registration form. Attached to the rent roll registration form must be a true copy of the rent authorization from the governmental agency administering the applicable affordable housing program, showing the authorized affordable rent for each unit in the Program. The said rent authorization shall also be filed annually with the Agency.
g. 
Notwithstanding the limits otherwise imposed by § 12-3 of this chapter, the rent for any unit admitted into the Program will be established as provided in this Subsection 12-3.10 as long as the unit remains in the Program. However, immediately upon the occurrence of any event which would disqualify a unit from the Program, that unit again becomes subject to the rent controls imposed by this Chapter 12, at the same base rent as if it had never been admitted into the Program, except for such annual increases as otherwise would have been permitted during the period of qualification under the Program.
[Ord. No. 25-2008, 1]
a. 
Creation. There is hereby created the "Affordable Dwelling Availability and Maintenance Program of the Township of Weehawken" (the ADAM Program).
b. 
Qualified dwellings. Apartments that have been both totally rehabilitated, as defined below, and made available for rent by tenants with government assistance are eligible to participate in the ADAM Program.
c. 
Total rehabilitation. An apartment will be deemed to have been totally rehabilitated, in order to qualify under this paragraph of the subsection, if the apartment has been "Federally qualified" as defined below, or the apartment has been recently rehabilitated, as defined below.
d. 
"Federally qualified" apartments. An apartment will be "Federally qualified" within the meaning of this paragraph of the subsection if the apartment meets all of the following criteria:
The apartment has in the past been completely renovated with the use of Federal funds and has been accepted into a Federally-qualified low-income housing program; and
The landlord has complied with all affordable housing restrictions under the applicable Federal program, and
Those affordable housing restrictions have expired by their terms not less than one year before application by the landlord for acceptance of the apartment into the ADAM Program.
e. 
"Recently renovated" apartments. An apartment will be "recently renovated" within the meaning of this paragraph of the subsection if all of the following have occurred:
Each room of the apartment has been completely renovated;
The total cost of the renovation for the particular apartment has been not less than $30,000; and
The Building Department of the Township of Weehawken has certified that the apartment meets all standards of the building code following such renovation, and the landlord has applied for and received before renovation all necessary permits for such renovation.
f. 
Availability of apartment. To be eligible to participate in the ADAM Program, an apartment must have been made available by the landlord for rental by tenants with government assistance. In order to be deemed available under this subsection of this section, the landlord must do the following:
Upon a qualified apartment becoming vacant, the landlord must notify both the Weehawken Housing Authority and Weehawken Housing Agency in writing that the apartment is available to be rented to a tenant who receives governmental rental assistance; and
The landlord must accept as a tenant for such apartment such person(s) referred to the landlord by the Township of Weehawken as a tenant for such available apartment.
Notwithstanding the foregoing, if neither the Weehawken Housing Authority nor the Weehawken Housing Agency has referred a tenant to the landlord within 15 days after such written notification described above of the availability of the apartment, the landlord shall be free to rent the apartment to any prospective tenant located by the landlord, whether or not such person receives governmental rental assistance; and the apartment shall still be eligible to participate in the ADAM Program, provided that the landlord has met all other requirements of this ordinance.
g. 
Acceptance of apartment into the ADAM program. A landlord shall apply for acceptance of an apartment into the ADAM Program by completing such forms as may be prescribed by the Township of Weehawken. Upon satisfactory proof that the apartment is eligible to be accepted into the ADAM Program, an apartment may be formally accepted into the ADAM Program by the Rent Board Secretary. Such application shall include an affidavit of the landlord that no person who occupied such apartment for the three-year period prior to the application was in any way harassed or coerced to move from the apartment or to be involved in the ADAM Program. If deemed necessary by the Rent Board Secretary, the applicant shall be required also to file affidavits to that same effect from the present tenant or from the last tenant to occupy the apartment, if then vacant, and from all other tenants who occupied the apartment during the said three-year period.
h. 
Limitation on base rent. Notwithstanding any other provision of this subsection and irrespective of the base rent which may be registered for such apartment under this subsection, a landlord shall be limited to charge as rent for each apartment that is accepted into the ADAM Program, during the period of its participation in the ADAM Program, such rents as may be prescribed for such apartment-type as established by the United States Department of Housing and urban Development (HUD) for Section 8 tenants.
i. 
Election against capital improvement surcharge. The application by a landlord for acceptance of an apartment into the ADAM Program, where such apartment might otherwise by reason of renovations made by the landlord qualify for a capital improvement surcharge under this subsection, shall constitute an irrevocable election by the landlord not to apply for a capital improvement surcharge. Thereafter, no capital improvement surcharge may be granted for such apartment based upon the renovations made by the landlord prior to application for acceptance of the apartment into the ADAM Program.
j. 
Term of restrictions. Notwithstanding the limits otherwise imposed by § 12-3 of this chapter, the rent for any apartment admitted into the ADAM Program will be established as provided in this subsection as long as the unit remains in the ADAM Program. However, immediately upon the occurrence of any event that would disqualify an apartment from participation in the ADAM Program, provided that such event occurs not less than seven years after acceptance of the apartment into the ADAM Program, that apartment shall again become subject to the rent controls imposed by this Chapter 12 at the same base rent as if it had never been admitted into the ADAM Program, except for such annual increases as otherwise would have been permitted during the period of qualification under the ADAM Program.
k. 
Election against conversion to condominium or cooperative. The acceptance of an apartment into the ADAM Program based upon an application by a landlord under this subsection of the section shall constitute an irrevocable election by the landlord not to convert the building in which such apartment is located to the condominium or cooperative form of ownership for a period of seven years next following the latest acceptance of an apartment located in such building into the ADAM Program.
l. 
Establishment of new base rent. Each apartment which has been accepted into the ADAM Program and has remained therein for a continuous period of seven years following such acceptance shall, at such time as such apartment may no longer be participating in the ADAM Program, have established as its new base rent under this Chapter 12 the higher of: (a) the last rent charged for such apartment during the period of its participation in the ADAM Program; or (b) the same base rent as if it had never been admitted into the ADAM Program, except for such annual increases as otherwise would have been permitted during the period of qualification under the ADAM Program.
m. 
Continuation of eligibility. In order to remain in the ADAM Program, the subject apartments, the exterior and all other common areas of the building in which the apartment is located must be maintained to the satisfaction of the Township of Weehawken.
n. 
Annual registrations.
[Added 6-12-2019 by Ord. No. 19-2019]
a. 
Only the following two-family and three-family dwellings shall be exempt from this chapter:
1. 
A dwelling that is owner-occupied as of July 1, 2019, for so long as the dwelling remains owner-occupied by that owner;
2. 
An owner-occupied dwelling that is sold or otherwise transferred to one or more persons who, within 90 days after the purchase or transfer, take personal occupancy of the unit occupied by the immediate prior owner as the new owner’s primary residence. The said ninety-day period may be expanded by the Board for good cause shown, and so long as no rental of the said prior owner’s unit intervenes; and
3. 
A dwelling that is granted a certificate of exemption by the Board in accordance with Subsection 12-3.12b.
b. 
An owner of a dwelling that becomes owner-occupied by virtue of an owner personally moving into a previously non-owner-occupied dwelling or a dwelling unit in a previously owner-occupied dwelling, other than that unit occupied by the immediate prior owner in accordance with subsection 12-3.12a2 above, may apply to the Board, on written notice to all tenants of the dwelling, on forms provided by the Board and upon submission of such proof as the Board may reasonably require for:
1. 
A certificate of owner-occupancy upon establishing to the satisfaction of the Board that:
(a) 
An owner, who holds at least a 50% interest in the property and who is a natural person, has taken personal occupancy of a unit in the dwelling; and
(b) 
Has notified the Board of those facts either in the registration filed in accordance with § 12-7d, or in writing thereafter, in a form and manner approved by the Board; and
(c) 
The owner has resided in that same dwelling unit as that owner's primary, personal residence for a period of two uninterrupted years following the notice provided for in paragraph b1(b) above; and
(d) 
Annual rent registrations have been filed for each year that the owner has owned the dwelling.
2. 
A certificate of exemption upon establishing to the satisfaction of the Board that:
(a) 
The owner-occupant has obtained from the Board a certificate of owner-occupancy with respect to a unit in the dwelling and has resided in that same unit as that owner's primary, personal residence for a period of five uninterrupted years; and
(b) 
Annual rent registrations have been filed for each year that the owner has owned the dwelling.
c. 
Additional regulations for owner-occupied two-family and three-family dwellings not exempt under subsection 12-3.12a shall be as follows:
1. 
Until such time as a certificate of exemption is issued by the Board for a dwelling, all regulations of this chapter shall apply in the same manner as are applicable to dwellings that are not owner-occupied.
2. 
Upon the issuance of a certificate of owner-occupancy, the limitations of subsection 12-3.1c shall be expanded such that the maximum permitted annual increase shall be 15%.
3. 
An owner-occupant shall comply with annual rent registration requirements and shall include the owner’s unit in the registration’s list of units, designating the unit as owner-occupied, and continuing the base rent in effect immediately prior to the time that the owner takes occupancy of the dwelling unit, subject to the annual rent increases permitted for other units in the dwelling generally.
4. 
In the event that an owner-occupant vacates the dwelling unit prior to obtaining a certificate of exemption, the maximum rent that may be charged for such vacated unit shall be the base rent for the unit in effect immediately prior to the time that the owner took occupancy of the dwelling unit, subject to the annual rent increases permitted for other units in the dwelling generally.
d. 
All single-family, condominium and cooperative unit dwellings that are owner-occupied dwellings are exempt from the provisions of this chapter; however, upon rental of a previously owner-occupied single-family, condominium and cooperative unit dwelling, the base rent shall be established pursuant to subsection 12-3.1f.
[Ord. No. 6-1984, § 12; Ord. No. 10-1985, § 1]
There is hereby created a Rent Leveling Board within the Township. The Board shall consist of seven members and two alternate members. The members and alternate members of the Board, who shall be residents of Weehawken, shall be appointed by the Township Council and their terms of office shall commence with the date of appointment and shall end on April 25 next following the date of their appointment or until their respective successors shall have been appointed and qualified. The members and alternate members of the Board shall, insofar as practicable, as a group, be representative of the effected interest in the Township.
Alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2" at the time of their appointment. Alternate members shall be entitled to participate in discussions of the proceedings before the Board but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
No member or alternate member of the Board shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. A member, or alternate member as provided for herein, who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such member or alternate member has available to him the transcript or recording of all of the hearing from which he was absent, and certified in writing to the Board that he has read such transcript or listened to such recording.
Each member and alternate member appointed to the Board shall serve without compensation. Members and alternate members may, after a public hearing, be removed for inefficiency, negligence of duties or malfeasance in office by the Township Council.
Anything to the contrary in this chapter notwithstanding, it is the intention of the Township Council that no member or alternate of the Rent Leveling Board shall be appointed to a term in excess of one year from the date of his appointment without being reappointed by a roll call vote of the Township Council.
[Ord. No. 6-1984, § 13]
The Rent Leveling Board is hereby granted, and shall have and exercise in addition to the powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this chapter including but not limited to the following:
a. 
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this act, which rules and regulations shall have the force of law until revised, repealed or amended by the Board in the exercise of its discretion, providing that such rules are filed with the Township Clerk.
b. 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this chapter.
c. 
To hold hearings and adjudicate applications from landlords for additional rental as hereinafter provided.
d. 
To hold hearings and adjudicate applications from tenants for reduced rental as hereinafter provided.
e. 
If the Rent Leveling Board determines that it needs certain information, it has the power to subpoena the information and witnesses before the Board.
The Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination.
[Ord. No. 6-1984, § 14]
Any determination of the Rent Leveling Board may be appealed by landlord or tenant to the Township Council. The appeal shall be made in writing within 30 days from receipt of the determination and shall set forth the specific basis or reason for the appeal. The appellant shall deliver a copy of the notice of appeal and reason by certified mail to each affected party. The Township Council may thereafter notify all affected parties of the time and place of a hearing upon the appeal, which hearing shall be de novo unless a transcript or a stipulation of facts is supplied by the parties. In the event the Township Council does not hold a hearing on the appeal within 30 days from receipt of application for the appeal, the determination of the Rent Leveling Board shall be final.
[Added 10-26-2016 by Ord. No. 22-2016]
There shall be formed from time to time as needed a Capital Improvement and Hardship Subcommittee of the Rent Leveling Board. The Subcommittee shall consist of the Board Chairman, at least one other member or alternate member of the Board who will be appointed by the Mayor, the Board Secretary, the Board Attorney, the Construction Official or his designee, and the Board's accounting expert, if required by the Board's Chairman. The Subcommittee shall not have the power to take any official action but shall review applications for capital improvement increases and hardship increases and make recommendations to the Board once the Subcommittee is satisfied that the application is complete and all requested supplemental documentation has been received.
[Ord. No. 6-1984 § 15]
During the term of this amended chapter, the landlord shall maintain the same standards of service, maintenance, furniture, furnishings and equipment that was provided or required by law or lease to be provided on the date the tenant took occupancy.
If it is determined by the Rent Leveling Board that there is a diminishment of services, maintenance, furniture, furnishings or equipment or that the dwelling is not in substantial compliance with the chapter of the Township or with the Property Maintenance Code of the State of New Jersey, the Rent Leveling Board has the right to evaluate the reasonable value of the diminishment and subtract this value from the rent charged.
[Ord. No. 6-1984 § 16]
No landlord shall after the effective date of this chapter charge any rents in excess of what he was receiving from the effective date of this chapter except for increases as authorized by this chapter. The Landlord shall have the burden of proof of service of any notice required under this chapter.
[Ord. No. 6-1984 § 17]
The owner of the housing space or 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 chapter.
[Ord. No. 6-1984 § 18; Ord. No. 12-2013 § 3]
A willful violation of any provisions of this chapter including but not limited to the willful filing with the Rent Leveling Board of any material misstatement of fact, shall be liable to a penalty as established by Chapter 1, § 1-5. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold. A violation involving a required filing shall be considered a separate violation as to each required filing, including the annual registration statement.
[Ord. No. 6-1984, § 21; Ord. No. 7-1985, § 11; Ord. No. 3-1991, § 1; Ord. No. 4-1995, § 1; Ord. No. 7-1999, § 1; Ord. No. 06-2003, § 1; Ord. No. 8-2007, § 1; Ord. No. 7-2011; Ord. No. 8-2015; amended 4-10-2019 by Ord. No. 10-2019; 4-12-2023 by Ord. No. 5-2023]
This chapter, as may be amended from time to time, is hereby extended for a period of four years from the effective date of this amendatory ordinance.[1]
[1]
Editor's Note: This amendatory ordinance, Ord. No. 5-2023, was adopted 4-12-2023 and took effect immediately upon final adoption and publication according to law.
[Ord. No. 6-1984 § 22; New; Ord. No. 4-1988 § 1; Ord. No. 1994-19 § 1]
a. 
There is hereby established the following schedule of fees for complaints, applications, and rent roll registrations to the Rent Leveling Board, which fees shall be payable to the Township.
[Amended 10-26-2016 by Ord. No. 22-2016]
Tenant complaint filing fee (except that there shall be no charge for the filing of a tenant complaint by a tenant over the age of 62 years and approved disabled)
$8
Landlord application for increased rent due to hardship or capital improvement:
Base fee for all buildings
$100
Additional fee for units 10 through 25
$5 per unit
Additional fee for units 26 +
$4 per unit
Inspection and issuance of a report or certificate of substantial compliance by the Office of Construction Official
Fee for all building inspections
$50
Additional fee for capital improvement increase application inspections
$5 per unit
Rent roll registration filing fee
$1 per unit
Minimum fee
$10
Maximum fee
$50
b. 
Professional fees and costs; establishment and administration of escrow fund. Upon filing an application for rent increase due to hardship, a capital improvements surcharge or decontrol of rents by reason of substantial rehabilitation, and in addition to those fees required by paragraph a., the applicant shall be required to make payments to the Township for the purpose of the establishment of an Escrow Fund to be administered in accordance with this section.
Upon the filing of a completed application for any of the purposes described in this subsection, the Board shall forward a copy thereof to any persons whose professional opinions the Board deems it necessary to receive to assist it in the processing of the application. Within 10 days of the receipt of the materials by any such Professionals, those Professionals shall submit to the Board an estimate of the funds sufficient in amount for that Professional to undertake the services requested, including but not limited to, review of those materials, the preparation of a report to the Board, and attendance at the hearings on the application.
The Board shall notify the applicant of the amount of funds estimated by any such professionals and the applicant shall pay to the Clerk of the Township the amount of the estimates, to be held in trust in accordance with this subsection.
Thereafter, the Professionals shall submit vouchers to the Board, with a copy to the applicant, for all services rendered and costs incurred in connection with the application. The Board must approve all such vouchers prior to payment, which shall be made from the Escrow Fund. The Board shall not approve any vouchers sooner than 10 days from the date submitted.
In the event the applicant questions the reasonableness of the amount of any such voucher he shall file with the Board a written protest thereto, within seven days of his notice of that voucher. In order to be considered by the Board, any such protest must set forth specifically and in full detail the nature and reasons for the protest. Thereafter, the Board shall decide the matter in difference between the applicant and the Professional, after Notice to the Professional and opportunity to respond, with or without a public hearing, and shall communicate that decision in writing to the applicant, the Professional, and the Township Clerk as soon as practicable.
Should the Board deem it necessary at any time, it shall notify and require the applicant to deliver additional funds to the Clerk of the Township to be added to the Escrow Fund.
In the event any monies remain in the Escrow Fund after a determination on the application and any Appeals therefrom the Board shall direct the Township Clerk to return the monies to the applicant as soon as is practicably possible.
c. 
No complaint, application or rent roll registration will be deemed filed with the Board unless and until submitted on the Board's Official Forms and accompanied by all appropriate supporting documents and information and the required filing fees.
The Board shall take no action on any application unless and until all Escrow Funds required, and any additions thereto, as provided in this section have been deposited with the Clerk of the Township. Any time limitations set forth in this chapter or Ordinances No. 13-1981 and No. 3-1982 shall be suspended until all such Escrow Funds have been deposited with the Township Clerk.
[Ord. No. 6-1984 § 23; New; Ord. No. 20-2002 § 9; Ord. No. 12-2013 § 4; 6-12-2019 by Ord. No. 19-2019]
a. 
The landlords of all dwellings which are subject to the provisions of this chapter shall file, within 30 days of the final adoption of this section, and on or before January 15th of each year thereafter, a registration statement to include the following information as of January 1 of each year: The name and apartment number of each tenant; the number of rooms for each apartment; the amount and date of the last annual increase for each apartment; date of lease expiration for each apartment (if applicable); amount and date of hardship increase (if applicable); amount and date of capital improvement increase (if applicable); services provided to the building; name, address and telephone number of the owner of the building; superintendent's name, address and telephone number (if applicable). Landlord may file the registration out of time for good cause, on payment of the registration fee and a late charge equal to 50% of the registration fee. No rental increase, including the 4% annual increase permitted under this chapter, shall be allowed until the landlord files the registration statement required under this section, together with such other documentation as the Board may require, with the Rent Leveling Board.
b. 
Late filing of annual registration statements. The following shall apply to the acceptance and filing of late statements.
1. 
Where a new owner of a property fails to file an annual registration statement for a period of not more than one year, or where an owner who has previously filed an annual rent registration statement for a property, fails to file annual registration statement(s) for that property for a period of not more than two years, the Board Secretary may accept the late filing of the statement(s) and the owner shall pay a late fee of $5 per unit, in addition to the normal registration fees, for each late statement filed.
2. 
Where an owner not covered by paragraph 1 above, fails to file annual registration statement(s) for a property, the Board Secretary may conditionally accept late statement(s) and the owner shall pay a late fee of $15 per unit, in addition to the normal registration fees, for each late statement submitted. The statement(s) however shall not be deemed filed until the owner complies with paragraph 3 below.
3. 
When required by the provisions of paragraph 2 above, an owner's late submission will not be deemed filed unless the owner has submitted proof to verify the information contained in the registration statements, in a form and manner satisfactory to the Board. The Board shall notify each residential tenant in the building of the submitted late filing and advise that should the tenant dispute any information reported therein, the tenant may notify the Board within 30 days. If any objection is raised by a tenant, the matter shall be reviewed by the Board at public meeting on notice to all parties.
c. 
Upon receipt of a rent registration statement or any other documents submitted with that statement, the Board's staff may review same for apparent completeness and accuracy. If the registration is rejected, the Board Secretary shall notify the owner and provide the owner with 30 days in which to submit a corrected and/or supplemental statement and other documents. If the registration is rejected upon such resubmission, or if not resubmitted, the matter shall be referred to the Board for hearing at public meeting on notice to all parties.
d. 
Whenever title to any dwelling within the Township is sold or otherwise transferred, the new owner of the dwelling shall file the following with the Board, within 30 days of the sale or transfer, on forms provided by the Board:
1. 
Where at the time of sale or transfer the dwelling is subject to the provisions of this chapter, a supplemental registration statement;
2. 
Where at the time of sale or transfer the dwelling is not subject to the provisions of this chapter, and where the provisions of Subsection 12-3.12a do not apply, a full annual registration statement.
[Ord. No. 6-1984, § 24]
The Rent Control Board has the authority to assess costs against the landlord where the tenant has filed a complaint based upon a landlord's violation of any provisions of this chapter.
[Ord. No. 6-1984, § 25; New]
The applicant shall be responsible for paying the stenographic fee of the Rent Control Board for recording the proceedings and the cost of having the Rent Control Board's accountant review the material submitted by the applicant. The fee shall be established by the Rent Control Board and shall be reasonable.
[Ord. No. 6-1984, § 26]
All of the rights, privileges, duties and obligations conferred or imposed upon any tenant or landlord or upon any person, firm, legal entity or corporation by Ordinances No. 6-1975, No. 3-1976, No. 6-1979, No. 13-1981, No. 3-1982, and No. 10-1983 are hereby continued in full force and effect during the lifetime of this chapter except as such rights, privileges, duties or obligations have been specifically modified, altered, amended, or rescinded by this chapter.
[Ord. No. 6-1984 § 28; Ord. No. 20-2002 § 10; Ord. No. 12-2013 § 5]
Except for a rent established pursuant to the provisions of Subsection 12-3.1e, combined rent increases, for all causes, shall be limited to 15% of the base rent in any one, twelve-month period.
[Ord. No. 15-1982]
The Legislature of the State of New Jersey enacted the Senior Citizen and Disabled Protected Tenancy Act under which, as of July 27, 1981, all eligible senior citizens and disabled individuals who qualified would be eligible for protected tenancy status in rental housing units that were converted to condominium or cooperative forms of housing; and under the terms of this Act, each Township must designate an agency to carry out the municipal functions of administering this Act.
[Ord. No. 15-1982, § 1]
The Rent Control Board of the Township is hereby appointed to serve as the designated agency to carry out the municipal functions of administering this Act.
[Ord. No. 15-1982, § 2]
The Township Council is hereby appointed as the appellate body to hear any appeals of the decisions of the Weehawken Rent Control Board with respect to determinations made under the Senior Citizen and Disabled Protected Tenancy Act. All appeals must be filed with the Township Clerk within 10 days of the date of the determination.
[Ord. No. 15-1982, § 3; Ord. No. 1-1983, § 3]
The following fees are established for applications filed under this Act:
a. 
Application to the Rent Control Board for eligibility $25 per apartment unit.
b. 
Hearing Fee before the Weehawken Rent Control Board:
1. 
Ten units and under: $25.
2. 
Eleven units and over: $50.
c. 
Filing fee for appeal to governing body: $150.
[Added 10-26-2016 by Ord. No. 22-2016]
Any landlord, or any agent, employee, manager, contractor, subcontractor or other person acting on behalf of the landlord, who has, directly or indirectly, harassed any tenant, willfully, or by such negligent acts or omissions of such significance or frequency as to substantially interfere with or disturb the comfort, safety and quiet enjoyment of any person lawfully entitled to occupancy of a dwelling unit, whether or not intended or likely to cause such tenant to vacate the dwelling unit or to surrender or waive any legal rights relating thereto, may be found by the Board to be liable to the tenant(s) of such unit for a diminishment of services in accordance with Subsection 12-13.2. Specifically prohibited acts and omissions include, but are not limited to:
a. 
Habitual interruption, termination or failure to provide housing services (such as electric, water, heat, hot water, and security), or maintenance and repairs required by contract or by state or local housing, health or safety laws and regulations, or failure to exercise due diligence in making and completing repairs and maintenance once undertaken.
b. 
Repeatedly entering into a dwelling unit under the guise of conducting emergency maintenance and repairs, or otherwise repeatedly failing to give the tenant adequate notice prior to entering the dwelling unit to conduct routine maintenance and repairs, or for showing the unit to potential renters or purchasers of the property without adequate prior notice, or otherwise interfering with a tenant's right to privacy.
c. 
Influencing or attempting to influence a tenant to vacate a dwelling unit through fraud, intimidation or coercion, including bothersome telephone calls, letters or notices.
d. 
Threatening a tenant or tenant's household members, by word or gesture, with physical harm or taking such other actions that would cause a tenant or tenant's household members, visitors or guests to fear for their safety or property.
e. 
Excessively offering a tenant monetary payments to vacate, or making any such offer accompanied by threats or other forms of intimidation.
f. 
Purposely violating any law which prohibits discrimination, including, but not limited to, those based on actual or perceived race, gender, sexual orientation, religion, age, disability, marital status or occupancy by a minor child.
g. 
Repeatedly refusing to accept or acknowledge receipt of a tenant's lawful rent payment(s) or serving, sending or filing unreasonable or frivolous rent increase notices, eviction notices or other notices or communications or eviction actions or other legal proceedings.
[Added 10-26-2016 by Ord. No. 22-2016]
A finding of harassment under this § 12-13, in addition to any other penalties provided for in this chapter or elsewhere, is hereby determined by the Township to be a substantial and significant failure of the landlord to maintain services as defined in Subsection 12-5.1 of this chapter. A tenant claiming to have suffered such harassment may file a complaint with the Rent Board for a reduction in rent in the same manner as any other diminishment-of-services complaint. The Board shall hear all such complaints at a public hearing on not less than 15 days' notice to the tenant and landlord, and with both parties having the opportunity to be represented by legal counsel. Should the Board determine that a landlord is responsible for harassment under this § 12-13, the Board may, in its discretion, order an abatement of rent in an amount commensurate with the severity of the violation and may, upon a finding of a continuing violation, order a continuing rent reduction until such time as the continuing violation has ceased.
[Added 10-26-2016 by Ord. No. 22-2016]
Nothing herein shall limit the ability of a court of competent jurisdiction from enforcing the provisions of this section in the same manner as any other violation of this chapter provided for under Subsection 12-5.4. Nothing herein shall limit the Board's authority to refer any such matters to the Municipal Court or Prosecutor's office, without regard to whether the Board takes action or makes any findings under Subsection 12-13.2.