[Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 73-6, 74-10, 74-15, 76-16, 77-15, 77-22, 78-7, 79-9,
82-12, 85-3, 87-4, 89-4, 91-3, 93-9, 95-11, 96-7, 97-4, 98-6, 99-3,
02-02, 05-25 and 06-01.]
[Ord. No. 06-02]
It is deemed necessary by the Mayor and Municipal Council, in
view of the critical housing shortage and increased demand for apartment
dwelling units resulting in abnormal and unwarranted increases in
rents within the Borough, that some type of rent leveling and control
be enacted by the Mayor and Municipal Council.
Under the legal powers granted to the Mayor and Municipal Council
in order to promulgate the health, safety and general welfare of the
citizens of the Borough, a Rent Leveling and Control Board is determined
to be necessary within the Borough. It is hereby declared to be in
the interest of the health, safety and general welfare of the people
of the Borough to prevent unwarranted and abnormal increases in rents;
to alleviate the effects of the critical housing shortage, and to
protect persons living in the Borough from undue impairment of their
standard of living during the housing crisis. To the end that these
purposes may be effectively carried out the provisions hereof are
enacted.
[Ord. No. 06-02; Ord. No. 12-19 § 3; amended 9-2-2020 by Ord. No. 20-22]
As used in this chapter:
Fit for habitation as defined by the statutes, codes and
ordinances in full force and effect in the State of New Jersey, County
of Passaic and Borough of Woodland Park and occupied or unoccupied
and offered for rent.
Any building or structure or garage space which may be rented
or offered for rent, to one or more tenants or family units. Exempted
from this chapter are dwellings containing five units of housing space
(or less) providing the landlord occupies a unit, and standalone garage
spaces that are not associated with another housing unit on the same
lot. Also exempted from this chapter is any motel, hotel or other
premises primarily serving transient persons within the Borough of
Woodland Park.
That portion of a dwelling rented or offered for rent for
living and dwelling purposes to one individual or family unit together
with all privileges, services, furnishings, furniture, equipment,
facilities and improvements, including, but not limited to, parking
space, garage space, storage space connected with the use or occupancy
of such portion of the property.
Any person, firm, partnership, association, corporation or
other entity and any officer, agent or employee, or any of the foregoing,
which is the owner, rental agent, manager of, or otherwise has authority
to rent any rental unit to a tenant.
Any occupant of a rental unit.
[Ord. No. 06-02]
a.
Establishment of rents between landlords and tenants to whom this
chapter is applicable shall hereinafter be determined by the provisions
of this chapter. At the expiration of a period of not less than twelve
(12) consecutive calendar months following the effective date of the
last previous rental increase for any unit of multiple dwelling housing
space subject to rent regulation under the terms of this chapter,
no landlord shall request, demand, receive or collect an increase
in rental for such unit which shall exceed one hundred (100%) percent
of the percentage increase in the Consumer Price Index in effect for
the third month next preceding the month during which the rental increase
permitted hereby is to take effect (hereinafter referred to as the
"base month") and the consumer price index in effect one (1) year
prior to the base month.
(Example: Any rent increase is limited to the increase in the
CPI from a given month in year 1 to the same month in year 2.)
b.
For purposes of this chapter, Consumer Price Index means the Consumer
Price Index for Urban Wage Earners and Clerical Workers, New York-Northeastern
New Jersey published by the Bureau of Labor Statistics, United States
Department of Labor.
c.
There shall be no increase in the rent of a month-to-month tenant
within the period of any twelve (12) months and then no landlord may
request to receive a percentage increase greater than as set forth
in paragraph a. hereof.
d.
In the event of a vacancy a landlord may request, demand, receive
and collect any increase for the rental unit from a new tenant.
[Ord. No. 06-02; Ord. No. 12-19; amended 9-2-2020 by Ord. No. 20-22]
a.
Increase; when void. Any rental increase at a time other than at
the expiration of a lease or termination of a periodic lease will
be void.
b.
Unauthorized increases prohibited. No landlord shall after the effective
date of this chapter charge any rents in excess of what he or she
was receiving from the effective date of this chapter, except for
increases authorized by this chapter.
c.
Violations and Penalties. A willful violation of any provision of
this chapter, including, but not limited to, a landlord charging a
tenant with inappropriate rents, will be charged with a violation
of this chapter, and fined $1,000 for each violation. Thereafter,
the tenant is entitled to advance a civil action in the Superior Court
of New Jersey’s Special Civil Part, seeking any and all damages
that the Court deems appropriate.
d.
Interpretation of This Chapter. This chapter shall be necessary for
the welfare of the Borough and its inhabitants, and shall be liberally
construed to effectuate the purposes thereof.
e.
Severability. If any provision of this chapter or the application
for such provision to any person or circumstances is declared invalid,
such invalidity shall not effect other provisions of this chapter
which are declared to be severable.
f.
Effective
date. This chapter is to take effect immediately upon passage and
publication according to the laws of the state of New Jersey, and
shall remain in full force and effect until such time that this ordinance
is changed.
[Added 9-2-2020 by Ord. No. 20-22]
Establishment of rent between a landlord and a tenant to whom
this chapter is applicable shall hereafter be determined by the provisions
of this chapter. At the expiration of a lease or determination of
this increase by a periodic tenant, no landlord may receive or request
a percentage increase in rent greater than 2.5% in any calendar year.
[Ord. No. 06-02]
Any landlord seeking an increase in rent shall notify the tenant
of the calculations involved in computing the increase, including
the Consumer Price Index at the date of the entry of the lease, the
Consumer Price Index one hundred twenty (120) days before the expiration
of the lease and the allowable rent increase.
[Ord. No. 06-02]
A landlord may seek a tax surcharge from a tenant because of
an increase in municipal property taxes. The tax surcharge shall not
exceed that amount authorized by the following provisions. The landlord
shall divide the change in the property tax between the previous two
(2) calendar years by the number of rooms in the dwelling to obtain
the tax increase per room. The tenant shall not be liable for a tax
surcharge exceeding the tax increase per room multiplied by the number
of rooms occupied by the tenant.
[Ord. No. 06-02]
Any landlord seeking a tax surcharge shall notify the tenant
of the calculations involved in computing the tax surcharge including
the present property tax, the total number of rooms in the dwelling,
the tax increase per room, the number of rooms occupied by the tenant
and the maximum allowable surcharge.
[Ord. No. 06-02]
The tax surcharge that each tenant is liable for shall be paid
in twelve (12) monthly installments.
[Ord. No. 06-02]
The tax surcharge shall not be considered rent for purposes
of computing cost of living rental increases. In instances when tax
surcharges shall have been imposed resulting from increases in municipal
property taxes, proportionate reductions shall be provided in instances
when municipal property taxes shall have been reduced.
[Ord. No. 06-02]
Landlord may seek additional rental for any major capital improvement
or any substantial increase in the services rendered to the tenants.
The landlord shall notify each tenant who may or shall be affected
by such rental increase by certified mail of the total cost of the
completed capital improvement, the number of years of useful life
thereof as claimed by the landlord for the purpose of depreciation
for Federal income tax purposes, the average annual cost of the improvement
or service, the total number of square feet in the structure in which
any multiple dwelling space is situated, the total number of square
feet occupied by the tenant, and the capital improvement or service
increase surcharge which the landlord is seeking from each tenant.
The tenant shall not be liable for a capital improvement or service
increase surcharge exceeding the same ratio to the total annual cost
thereof as the number of square feet occupied by the tenant to the
total number of square feet in the building or structure in question.
Any landlord seeking a capital improvement or service increase surcharge
shall appeal for the surcharge to the Municipal Council. The Municipal
Council shall determine if any improvement is a major improvement
or if the service increase is a substantial service increase. In no
event shall any surcharge granted pursuant to this chapter exceed
fifteen (15%) percent of the tenant's rent in effect at the time of
the granting of such surcharge. Commencing with the month next succeeding
the date of the granting of any such capital improvement or service
increase surcharge, each tenant affected thereby shall pay, together
with his monthly rental, one-twelfth (1/12) of the portion of such
surcharge allocated to him by application of the calculation hereinabove
set forth. Prior to any such appeal to the Municipal Council for any
such capital improvement or service increase surcharge, a landlord
shall post in the lobby of each building where the tenants of which
may or shall be affected thereby, or, if no lobby is present, then
in a conspicuous place on the premises, a notice of the appeal setting
forth the basis for the appeal and the place and date scheduled for
the hearing thereof. The notice must be posted not less than ten (10)
days in advance of the date scheduled for the hearing of the appeal.
[Ord. No. 06-02]
In the event of a tax appeal the portion of a tenant's tax surcharge
not being paid by the landlord to government will be held in an interest
bearing account.
[Ord. No. 06-02]
The Municipal Council is hereby granted, all powers necessary
and appropriate to carry out and execute the purpose 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 purpose of this chapter, which rules and regulations
shall have the force of the law until revised, repealed or amended
from time to time by the Municipal Council in the exercise of its
discretion, providing that such rules are filed with the Borough Clerk.
b.
To supply information and assistance to landlords and tenants to
help them simply with the provisions of this chapter.
c.
To hold hearings and adjudicate applications from landlords for additional
rental as determined by various sections of this chapter. The Municipal
Council shall give reasonable opportunity to both landlord and tenant
to be heard before making any determination.
d.
The Mayor is authorized to appoint and employ a Rent Leveling Clerk
whose powers and duties are to be prescribed by the Municipal Council.
The Municipal Council shall fix the compensation of the Rent Leveling
Clerk.
e.
There is hereby created the office of Attorney for the Rent Leveling
Issues handled by the Municipal Council. The attorney shall be an
attorney-at-law of the State of New Jersey. The Attorney shall be
appointed by the Mayor and shall serve for a term of one (1) year.
The Attorney shall advise the Municipal Council and shall prepare
resolutions pertinent to the rent leveling duties of the Municipal
Council in accordance with the laws of the State of New Jersey and
the Ordinances of the Municipality. The Municipal Council shall fix
the compensation of the Rent Leveling Attorney. The Borough Attorney
may serve as the Rent Leveling Issues Attorney.
[Ord. No. 06-02]
In the event a landlord cannot meet his mortgage payments and
maintenance, or he cannot realize a reasonable profit from his investment
in his property, he may appeal to the Municipal Council for increased
rents. The Municipal Council may grant the landlord a hardship rent
increase to meet these payments. The Municipal Council shall require
statements of income and expenses and current cash flow statements
in connection with all such applications and prior to the granting
of any increases the Municipal Council shall give at least ten (10)
days notice of public hearing thereon.
[Ord. No. 06-02]
a.
Maintenance of Standards. During the term of this chapter the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings or equipment in the housing space and dwelling as he provided
or was required to do by law or lease at the date the lease was entered
into.
b.
Deficiency in Maintenance of Standards, Recourse. An individual tenant
or a class of tenants who are not receiving substantially the same
standards of service, maintenance, furniture or furnishings or equipment
may have the Municipal Council determine the reasonable rental value
of the housing unit or dwelling in view of this deficiency. The tenant
or class of tenants shall pay the reasonable rental value as full
payment for rent until the landlord proves that the deficiency has
been corrected.
[Ord. No. 06-02]
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 authorized by this chapter.
[Ord. No. 06-02]
The owner of 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. 06-02]
A willful violation of any provisions of this chapter including,
but not limited to, the willful filing with the Municipal Council
of any material misstatement of fact, shall be liable, upon conviction,
to a` penalty equal to twenty-five (25%) percent of the monthly rental
fee in question; the penalty for subsequent offenses shall be equal
to one hundred (100%) percent of the monthly rental fee in question.
In addition, treble damages may be sought in a Court of competent
jurisdiction. Such fine or fines and/or damages shall be computed
on the basis of a separate violation as to each household.
[Ord. No. 06-02]
This chapter being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate the
purpose thereof.
[Ord. No. 06-02]
If any provision of this chapter or the application for such
provision to any person or circumstances is declared invalid, such
invalidity shall not effect other provisions of this chapter which
are declared to be severable.
[Ord. No. 06-02; New]
This chapter, upon passage and required publication, shall take
effect immediately (adopted by Ord. No. 06-02) and shall remain in
full force and effect until the Governing Body amends, revises or
repeals this section according to law.
[Ord. No. 12-19]
This chapter may be enforced by any properly qualified New Jersey
Code Enforcement Officer.
