[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
The purpose and intent of this chapter is to create reasonable
rent leveling regulations in order to control increasing housing cost
burdens affecting residential tenants in the City of Asbury Park,
while also allowing landlords to achieve a reasonable rate of return.
The City Council believes that the within regulations achieve that
purpose, and are in the best interests of the health, safety and welfare
of the citizens of Asbury Park.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the Rent Leveling Board.
Shall mean a substantial change in the housing accommodations,
such as would materially increase the rental value in a normal market.
It shall not include ordinary repair, replacement and maintenance.
A "capital improvement" is of such a nature, extent and expense that
it benefits the building and the tenants' enjoyment thereof with a
degree of permanency. A "capital improvement," to qualify under this
chapter as such, must have a useful life of at least five years.
Shall mean constructed, erected or converted but excludes
rehabilitation of premises rented previously for residential purposes
without an intervening use for other purposes for a period of at least
two (2) years prior to conversion. Mere vacancy shall not be considered
an intervening use for the purpose of this section.
Shall mean one (1) or more rooms, designed, occupied, or
intended for occupancy as separate living quarters with cooking, sleeping
and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household.
Shall mean an owner, lessor, sub-lessor or any other person
entitled to receive rent for the use and occupancy of any dwelling
unit, or an agent or successor of any of the foregoing.
Means a written agreement between landlord and tenant setting
forth the duration of the agreement, the rent to be charged, and such
other provisions mutually agreeable to the parties and must include
notification to the tenant that the property is subject to rent control.
Lease Agreements shall be maintained by the landlord for a period
of six (6) years from the effective date of the lease.
Means the amount of total rentable space applicable to any
given dwelling unit, measured either in terms of rooms or square footage.
Shall mean the tenant has not vacated or has been forced
to vacate the dwelling involuntarily; that is, due to harassment,
duress, wrongful acts or unreasonable pressure from the landlord or
his agents. A legal eviction is not an involuntary vacation under
this definition. A bona fide written release of the landlord by the
tenant with respect to this issue shall be evidence of a voluntary
vacancy which may be considered in determinations under this chapter.
Shall mean the Rent Regulation Officer.
Shall mean the form filed by the landlord pursuant to this
chapter.
Shall mean any price for the use of a dwelling unit. All
charges that are mandatory for the dwelling unit, including but not
limited to refurbishment fees, administrative fees, mandatory parking
fees, sewer or water fees, etc., shall be included. Optional charges,
which are chosen by tenants such as pet fees, pool fees, recreation
fees, optional parking fees, and the like, shall not be included and
shall not be subject to the terms of the chapter. Enforcement fees
or security fees such as late fees, bounced check fees, legal fees
and costs of court for enforcement of a breach of lease agreement
and increases in security deposit are also not considered "rent" for
purposes of this chapter. Security deposits and charges for accessories,
such as boats, mobile homes and automobiles not used in connection
with the dwelling unit, shall not be construed as "rent."
Shall mean the intent and policy of the governing body to
interfere in landlord-tenant relations and legitimate operation ownerships,
occupancy and development of real estate, only when necessary to protect
the public interest. "Rent increase," "Rent decrease" and "rent adjustments"
shall consist in the first instances of the notice sent by the landlord
to the tenant, or by the tenant to the landlord, in letter or other
form, setting forth the proposed notice of "rent increase," "rent
decrease" or other "rent adjustment."
Shall mean the body created to hear appeals and undertake such other actions as set forth in Section 15-15 of this Chapter.
Shall mean the person responsible to oversee day to day operations of the policies enacted by this chapter, as well as to take those actions set forth in Section 15-16 of this Chapter.
Shall mean the provision of light, heat, hot water, maintenance,
painting, elevator service, air conditioning, storm windows, screens,
superintendent service and any other benefit, privilege or facility
connected with the use or occupancy of any dwelling unit.
Shall mean that the Asbury Park Department of Code Enforcement
has certified the dwelling unit is in compliance with this chapter,
is free from all heat, hot water, elevator and all health, safety
and fire violations, as well as ninety (90%) percent qualitatively
free of all other violations of the Asbury Park Property Maintenance
Ordinance, Uniform Construction Code, and the Hotel and Multiple Dwelling
Law.
Means the regulations that apply to the landlord and tenant
under this chapter shall also apply, wherever appropriate, to the
"tenant/subtenant" relationship and any other rental tenancy unless
otherwise expressly excluded.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
This chapter shall apply to all properties on which three (3) or
more residential rental dwelling units are located on one parcel as
assessed by the municipal tax assessor, inclusive of whether any of
the units are owner-occupied; except for the following exemptions:
1.
Motels and hotels.
2.
Multiple dwelling units as defined in N.J.S.A. 2A:42-84.1 in a building
constructed on or after June 25, 1987 which was not constructed for
occupation by senior citizens, for a period of time not to exceed
the period of amortization of any initial mortgage loan obtained for
the multiple dwelling, or for thirty (30) years following completion
of construction, whichever is less. This exemption applies only where
an owner has complied with all requirements contained in N.J.S.A.
2A:42-84.1 et seq., including the filing with the municipal construction
official required by N.J.S.A. 2A:42-84.4 and the service of a written
statement upon the tenant required by N.J.S.A. 2A:42-84.3. This exemption
shall not apply to rehabilitated buildings that during their rehabilitation
maintained at least two (2) rigid walls and a secured roof.
3.
Housing restricted to students by a school, college or similar accredited
institution which owns or controls that housing.
4.
Dwellings in any building containing two (2) or fewer dwelling units.
5.
Dwellings which are owner-occupied for not less than six (6) months
per year.
6.
Dwelling units licensed as a rooming or boarding home by the New
Jersey Department of Community Affairs.
7.
Dwelling units licensed as a group home by the New Jersey Department
of Community Affairs.
8.
Dwelling units licensed as an emergency shelter for the homeless
by the New Jersey Department of Community Affairs.
9.
Dwellings in a building that is completely vacant on or before and
since June 1, 2021, provided that said building did not become vacant
through unlawful means which can be attributed to the applicant for
this exemption. In order to qualify for this exemption, the building
vacant since June 1, 2021, must be registered by an applicant with
the Rent Regulation Officer, on forms provided by said Officer, before
the renting of dwelling units within the vacant building. After the
first rental, such dwelling units shall be exempt from initial rent
or lease agreement, but all subsequent rents shall be subject to the
provisions of this chapter.
10.
Dwellings which are restricted to low-, moderate- or middle-income
households via affordability controls, such as but not limited to
a deed restriction or funding restriction.
11.
Dwellings in any hospital, convent, monastery, extended medical care
facility, asylum, non-profit home for the aged.
b.
A dwelling being rented for the first time shall not be restricted
in the initial rent charged. Any subsequent rental increases, however,
shall be subject to the provisions of this chapter.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
All landlords of dwellings which are subject to the provisions of
this chapter shall initially file with the Rent Regulation Officer,
by February 1, 2022 and annually thereafter, by February 1 of the
then current year, a complete and updated DCA Multiple Dwelling Registration
or Landlord Registration Form, as well as a Tenant Lease Property
Information Form (and any necessary supporting information).
1.
Landlord Registration Form. The Landlord Registration Form shall
include, at a minimum, the following:
(a)
Full name, address, mobile phone number and email address of the
landlord;
(b)
If an entity, the Registered Agent;
(c)
Full name, address, email address and mobile phone number of president/managing
member, if applicable;
(d)
This form will collect data including, but not limited to, personal
contact information of all individuals that have an ownership, financial
or management interest for all entities and principals for the property
subject to this chapter;
(e)
Name and phone number of Superintendent, if applicable;
(f)
All services provided to the building, if applicable;
(g)
Name and phone number of utility company.
2.
Tenant Lease Property Information Form. The Tenant Lease Property
Information Form shall include, at a minimum, the following:
b.
The Rent Regulation Officer may amend all Forms and/or request any
additional information necessary to further the purposes of this chapter.
Any amendments or additional forms shall be approved by the City Council.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
If a contract between a landlord and a governmental agency duly provides
for that governmental agency to regulate the amount of rent received
by that landlord, and if the authority of that governmental agency
supersedes the authority of the City of Asbury Park to regulate such
rents, then the application of this chapter shall be preempted during
the period of governmental agency regulation specified in the contract.
Until such a contract begins, and immediately after the contract terminates,
this chapter shall continue to regulate such rents. Upon termination
of such a contract, the "base rent" for dwelling units under this
section shall be the last rent level received by the landlord prior
to the termination of the preemptive governmental agency regulation.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Should a lease entered into subsequent to the effective date[1] of this chapter between a landlord and a tenant prove
to be in conflict with the within Rent Leveling regulations, the within
regulations shall take precedence where the within regulations are
more restrictive.
[1]
Editor's Note: Ord. No. 2021-5 is effective June 1, 2021.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Establishment of rents between landlord and tenant in a dwelling
unit to which this chapter is applicable shall hereafter be determined
by the provisions of this chapter.
b.
At the expiration of a lease or at the termination of the lease of
a periodic tenant, no landlord may request or receive an increase
greater than 3.5%.
c.
The rent resulting from the imposition of any increase provided hereunder
may be rounded to the nearest dollar with regard to the final step
of calculation only. Calculation of percentages shall be calculated
out two decimal points only and then dropped and not rounded.
d.
No landlord shall request or receive more than one annual rental
increase during a 12 month period per dwelling unit unless said dwelling
becomes vacant through lawful means.
e.
The allowable annual increase will not be permitted if the dwelling
is not in substantial compliance and/or if the landlord has not met
the rental registration requirements as specified in this chapter.
f.
Any rental increase at a time other than at the expiration of a lease
or termination of the periodic lease shall be void. Any rental increase
in excess of that authorized by the provisions of this chapter shall
be void. Determinations under this section shall be made by the Board.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Upon the voluntary, uncoerced or court authorized termination of
a tenancy, during or at the end of any lease, the rent shall be decontrolled
and the rent may be raised by the landlord without regard to the limitations
imposed by this chapter, subject to the provisions set forth below.
The rent to be charged to a new tenant, as well as the rent previously
charged for the same space, shall be reported to the Rent Regulation
Officer via an application for a Certificate of Rental Compliance.
Upon being re-rented, the rental space shall be considered recontrolled
to the same extent and under the same conditions as any space originally
controlled.
b.
Failure to report the information required within the 25 days specified
shall result in the rental space remaining controlled to the same
extent and under the same conditions as if it had not been vacant
and any rental charged the new tenant in excess of that controlled
rate shall be void.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
In the event a tax appeal is taken by the landlord and the landlord
is successful in the appeal and the tax is reduced, the landlord shall
remit, and the tenant shall receive 50% of the reduction as applied
to its tax portion, after deducting all expenses incurred by the landlord
in prosecuting the appeal.
b.
A tenant who has resided in a dwelling unit for less than the entire
tax year to which a reduction pertains (hereinafter "tax year") shall
be entitled to receive a percentage of the tax refund pertaining to
his dwelling unit that is equivalent to the percentage of the tax
year which the tenant resided in the dwelling unit.
c.
Within 45 days of receipt by the landlord of the monies or the crediting
of such monies against the landlord's outstanding taxes, the landlord
shall notify and provide each tenant of such tax reduction. The notification
shall include the calculations involved in computing the tenant's
credit, including the property tax for the dwelling unit before the
appeal, the reduced property tax for the dwelling unit after the appeal,
the number of square feet of the dwelling subject to the lease between
the tenant and landlord, the tax decrease per square foot of dwelling
unit, the number of square feet occupied by the tenant, the credit
to which the tenant is entitled, and how it is being credited to the
tenant.
d.
The landlord shall provide the Board a copy of the notification to
the tenant, including but not limited to the calculation.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
In the event that a landlord cannot receive a fair return after having
received the increase provided in this chapter, they may appeal to
the Rent Leveling Board for increased rental. The Board may grant
a hardship appeal rent increase to meet this requirement. The landlord
must provide evidence according to the standards recognized at law
for determining fair return. The Board will rely upon the recognized
standard that a landlord should receive a net operating income of
at least 40% of the gross annual income after deducting reasonable
and necessary operating expenses, in the absence of an adequate showing
that utilization of this standard will result in an unfair return
to the landlord. Operating expenses shall not include mortgage principal
or interest payments, depreciation or amortization. Any hardship appeal
increase granted by the Board will take the place of the annual permitted
rent increase and shall be equally prorated to all units within the
structure sixty (60) days after the decision of the Rent Leveling
Board, provided that no increase shall take effect with regard to
any tenant who has a written lease until the expiration of the lease
unless the lease provides otherwise.
b.
Landlord may seek additional surcharges for major capital improvements
or services. To qualify for a major improvement surcharge, claimant
must show a benefit to the tenant, in the form of improved lifestyle,
convenience, ease and/or security. The landlord must notify each tenant
of the total cost of the completed capital improvement or service,
the number of years of useful life of the improvement as claimed by
the landlord for purposes of depreciation for income tax purposes,
the cost of the improvement, the total number of square feet to the
dwelling or garden apartment complex, the total square feet occupied
by the tenant and the capital improvement surcharge he is seeking
from each tenant. The landlord seeking a capital improvement or service
surcharge shall appeal for the surcharge to the Rent Leveling Board,
who shall determine if the improvement is a major improvement and
if so, may permit such increase to take place and may direct that
the increase shall be collected in equal monthly payments spread over
the useful life of the capital improvement. If the increase is granted,
it shall not be considered rent and calculated in cost of living increases.
In any event, no increase authorized by this section shall exceed
15% of the tenant's rent.
c.
As used in this section:
1.
"Fair net operating income" shall mean the amount determined by subtracting
reasonable and necessary operating expenses from gross annual income,
which amount should not be less than 40% of the gross annual income.
2.
"Gross annual income" shall mean all income resulting directly or
indirectly from the operation of a property or building such as all
rent received or collectable, including any rent from a less than
arm's length transaction, the landlord's share of interest on security
deposits, all earnings from commission, vending machines, late fees,
pet fees, parking fees, pool fees, key charges, finder's fees, amount
received from successful tax appeals, income from rebates, tax surcharges,
capital improvement surcharges, computed in accordance with the provisions
and limitations of this section.
3.
"Reasonable and necessary operating expenses" includes all expenses
incurred and paid by a landlord necessary to the operation and maintenance
of the residential rental property during the period reflected in
the income computed in this section, excluding mortgage, principal
or interest payments, depreciation or amortization, computed with
these limitations:
(a)
Taxes shall be limited to amounts actually paid, including those
in escrow for appeal;
(b)
Repairs and maintenance shall be limited to arm's length transactions
and shall be reasonable and necessary. Cost of service contracts shall
be prorated over the period covered. Painting shall be prorated at
a period of three years for the interior of dwelling units or five
years for the exterior and common areas;
(c)
Purchase of new equipment shall be reflected and prorated over
the useful life of the item;
(d)
Legal and auditing expenses shall be limited to reasonable and
necessary costs of the operation of the property;
(e)
Management fees shall be limited to actual services performed,
such as the resident manager's salary, telephone expenses, postage,
office supplies, stationery, and the value of the apartment provided
if included in income. In no event shall management fees exceed 5%
of the first $50,000 of gross maximized annual income, 4 1/2%
of the next $25,000, 4% of the next $100,000, 3 1/2% of the next
$100,000, and 3% of any amount over $275,000;
(f)
Salaries not included in management fees shall be limited to
actual services performed and reasonable for similar position in the
area, including rental value, if included in income and expenses and
wages and benefits paid;
(g)
Advertising shall be actual costs that are reasonable to insure
occupancy only;
(h)
Utilities such as gas, electric, water and oil, shall derive
from arm's length transactions, and the landlord shall demonstrate
that all reasonable efforts to conserve energy and fuels have been
used;
(i)
Insurance costs shall derive from all arm's length transactions
prorated over item of policies;
(j)
The history of the income and expense shall be consistent with
the application or fully documented as to any changes.
(k)
No attorney's fees, expert fees, permit fees, parking fees,
accountant's fees nor application fees incurred by a landlord in connection
with any application to the Board shall be included in determining
whether a landlord is entitled to any rent increases.
d.
In any such application for a hardship appeal increase, the landlord
shall specifically submit adequate proof to demonstrate the following:
1.
The landlord is an efficient operator of the residential rental property;
and
2.
The dwelling unit(s) is in a safe and sanitary condition and in substantial
compliance with State Health Codes and the Property Maintenance Code;
and
3.
There are no outstanding property taxes and water and sewer charges
or other outstanding municipal fees relating to the subject property.
The Board may temporarily withhold further consideration of
the appeal until the landlord has corrected any deficiency relating
to any of the items specified above.
e.
If after a full hearing, the Rent Leveling Board shall determine
that the landlord is in full compliance with the provisions of this
article, it may permit a rental increase sufficient to reestablish
the 60% relation of reasonable and necessary operating expenses to
the 40% fair net operating income. Any increases shall be equally
prorated to all of the affected units within the structure or on the
property, upon 30 days notification after the Board has approved the
hardship appeal increase.
f.
Reasonable rate of return.
1.
In determining rent increases under this section, the Rent Leveling
Board shall consider whether the rent increase permitted by this section
provides the landlord with a just and reasonable rate of return. The
Rent Leveling Board shall be guided in its determination by whether
the rental increase will result in a rate of return which is sufficiently
high so as to:
g.
If the Rent Leveling Board determines that the rental increase does
not provide the landlord with a fair and reasonable rate of return,
as defined herein, the Rent Leveling Board shall have the authority
to appropriately adjust the rental increase to provide the landlord
with a fair and reasonable rate of return.
h.
Any property owner that receives a hardship appeal increase pursuant
to this Section may not apply for vacancy decontrol for three (3)
years, measured from the date of approval of the hardship appeal increase.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Since an immediate rent increase of more than 20% above the prior
monthly rent paid by an existing tenant may be considered unconscionable
and imposes a hardship on a tenant, the Rent Leveling Board shall
not grant increases exceeding 20% in any one year for any tenant.
b.
For the purpose of determining whether the rent increase exceeds
20% of the monthly rent, all increases in monthly payments by the
tenant occurring within 12 months prior to the effective date of the
increase shall be added to determine if that amount exceeds 20% of
the prior monthly rent.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
The landlord shall rebate to the tenant any amount of rent collected
in excess of that permissible pursuant to the terms of this chapter
by crediting the tenant over a period not to exceed three months with
the amount of excess rent paid, or in the event the tenant is no longer
in occupancy, by refunding within a one month period. This provision
is not intended to preclude a tenant from seeking judicial remedies
under statutory or common law. If a landlord fails to return any excess
collected rent to their tenant within the aforementioned relevant
time periods, they will be liable to their tenant for double the unreturned
balance plus attorney's fees and costs.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Any landlord seeking an annual rent increase, a lease renewal or
an agreement to extend or renew leases shall provide notice of said
action in writing to the tenant at least 60 days prior to the effective
date of increase renewal, extension or other action. The landlord
shall also send a separate notice by certified mail/return receipt
requested or personal service to each tenant at least 60 days prior
to the proposed date of any hardship appeal increase or capital improvements
increase, which notice shall include a copy of the application, including
all exhibits supplied in connection with it. No tenant shall be required
to sign any such rent increase notice, renewal or agreement to extend
or renew lease until such tenant has had the opportunity to review
the documents for a period of five business days.
b.
Prior to any such hardship appeal to the Board for an increase or
capital improvements increase, a landlord must post in the lobby of
each building, or if no lobby is present, in a conspicuous place in
and about the premises a notice of the appeal setting forth the basis
for the appeal. The notice must be posted for at least 15 business
days prior to the proposed date of appeal. The landlord shall also
send a separate notice by certified mail/return receipt requested
or personal service to each tenant at least 15 business days prior
to the proposed date of the hardship appeal, which notice shall include
a copy of the complaint filed or application, including all exhibits
suppled in connection with the appeal, and the date, time and place
that the hardship appeal will be heard.
c.
Notice shall minimally include the following: the calculations involved
in computing the increase, the allowable and rental increase (if applicable),
the previous year's rent, and evidence that the dwelling unit is in
substantial compliance.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
During the term of the tenancy, the landlord shall maintain the same
standards of service, maintenance, furnishings and equipment in the
dwelling unit and dwelling as required to do by law or lease at the
date the lease was entered into. In the event that the landlord fails
to provide such service, tenants may petition the Rent Leveling Board
for a reduction in rent, credit for reduced services and/or right
of reimbursement in cases where the tenant cannot receive a benefit
through credits.
b.
Disclosure Statement.
1.
Every landlord subject to the provisions of this chapter shall be
required to provide to each tenant a Disclosure Statement, which shall
be obtained from the Rent Regulation Officer, or from the City's website.
The Disclosure Statement shall include a description of the tenant's
rights under this chapter; and an acknowledgement by the landlord
advising the tenant of the Truth-in-Renting Act, N.J.S.A. 46:8-43
et seq., and the statement/booklet prepared therein, which can be
obtained from the New Jersey Department of Community Affairs Division
of Codes and Standards, Landlord-Tenant Information Service, P.O.
Box 805 Trenton, New Jersey 08625. The landlord shall post the Disclosure
Statement, in a conspicuous place, in the common area of the building;
2.
The Disclosure Statement is to be signed and dated by the tenant
and filed by the landlord with the Rent Regulation Officer. In the
absence of a Disclosure Statement that is signed and dated by the
tenant, a landlord may also establish proof of service of the Disclosure
Statement by filing both a copy of the Disclosure Statement and a
receipt indicating that the Disclosure Statement was delivered and
received by the tenant via certified mail.
3.
The Rent Regulation Officer shall be authorized to prepare and revise
the Disclosure Statement as needed in an effort to comply with the
intention and purpose of this Section. Any revised Disclosure Statement
shall be approved by the City Council.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 5-26-2021 by Ord. No. 2021-22; 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Rent Leveling Board Created.
1.
There is hereby created a Rent Leveling Board, also referenced as
the "Board", under the direction and supervision of the Department
of Finance or other Department as designated by the City Manager of
the City of Asbury Park. The Board shall be subject to the Open Public
Meetings Act.
2.
The Board shall consist of seven regular and two alternate members
appointed by the Municipal Council via resolution. The regular members
of the Board shall consist of not less than two tenants and not less
than two landlords. All members shall be either a resident of the
City of Asbury Park and/or an owner of property in the City of Asbury
Park. Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2." Alternate members may
participate in discussions of the proceedings 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.
3.
The initial
appointments of regular and alternate board members shall be for a
term to expire on 12/31/21. Thereafter, the terms of the regular members
of the Rent Leveling Board shall be staggered with two members serving
three year terms, two members serving two year terms, and three members
serving one year terms. All terms of regular members thereafter shall
be for three years each. The terms of the alternate members, after
the initial appointment, shall be staggered with one member serving
for a two year term and one member serving for a three year term.
All terms of alternate members thereafter shall be for three years
each.
4.
A quorum for a hearing shall consist of not less than four members.
5.
One member shall be elected chairperson for a one year term at the
first meeting of the calendar year by the Board members. One member
shall be elected vice-chairperson for a one year term at the first
meeting of the calendar year by the Board members.
6.
Decisions of the Board may be rendered by a majority of members present,
so long as the Board has a quorum.
7.
No Board member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
8.
Municipal Council may remove any member of the Board for cause upon
written charges served upon the member after a hearing thereon at
which the members shall be entitled to be heard and represented by
counsel.
9.
A vacancy during the term of any member shall be filed for the unexpired
portion thereof only in the same manner aa the initial appointment.
10.
Candidates for the positions of Rent Leveling Board member and Rent
Regulation Officer shall submit a verified statement listing all of
their interests and dealings in real property, including but not limited
to the ownership, sale, rental or management thereof, employment,
and their investment in, membership in or association with partnerships,
corporations, joint ventures, groups, associations, syndicates or
other entities engaged in the ownership, sale, rental or management
of real property during the previous three years.
b.
Attendance.
1.
Whenever a member of the Rent Leveling Board has not been present
at three consecutive meetings of the Board, then the remaining members
of the Board shall determine by a majority vote whether the absence
of the member shall be excused pursuant to N.J.S.A. 40A:9-12.1(g).
If the failure to attend is due to a legitimate personal concern,
such as illness, the member's absence shall be excused. However, if
the Board determines that the personal concern is so serious that
it may affect the member's continued ability to participate at meetings,
then the Board shall request the Municipal Council to determine whether
the member is physically or mentally incapable of service pursuant
to N.J.S.A. 40A:9-12.1(d). The Municipal Council shall review the
Board's request and may replace the Board member. Replacement of the
Board member shall be at the sole discretion of the Municipal Council.
c.
Meetings and Dockets.
1.
The Rent Leveling Board shall determine the schedule of meetings
and hearings as is necessary to carry out the provisions of this chapter.
Special meetings may be scheduled at the discretion of the Board.
2.
The Rent Leveling Board shall maintain and keep in its office meeting
and hearing dockets. The dockets shall list the time, date, place
of hearing, the names of the parties involved, the addresses of the
dwellings involved, the issues involved, and positions taken, and
the final disposition of the petitions heard by the Board.
d.
Language.
1.
All rules, notices, orders, rulings and regulations of the Rent Leveling
Board shall be printed in English and Spanish. Information disseminated
to the public by the Board shall be disseminated in English and Spanish.
At the request of a Board member or involved party, provision shall
be made for concurrent oral translation into Spanish of any hearings
or meetings of the Board.
e.
Rights and authority of the Board.
1.
The Rent Leveling Board shall have the right to exercise, in addition
to other powers herein granted, all powers necessary and appropriate
to carry out and execute the purpose of this chapter, in the hearing
of all matters brought before it by the Rent Regulation Officer, including
the right to the exercise of equitable authority to depart from the
strict interpretation of the provisions of this chapter in instances
where justice and fairness requires equitable intervention. Equitable
authority should only be exercised in truly exceptional circumstances
where justice and fairness so demand.
2.
These powers of equity do not permit the Rent Leveling Board to act
in contradiction to the purposes of this chapter nor in an arbitrary,
capricious or unreasonable manner. Notwithstanding this general power
of equity, the Rent Leveling Board shall also have the following powers:
(a)
To issue and promulgate such rules and regulations as it deems
necessary to implement the purposes of this chapter, with regard to
hearings that are brought before it by the Rent Regulation Officer,
provided said rules and regulations are not in conflict with this
chapter or State statute, and which rules and regulations shall have
the force of law until revised, repealed or amended from time to time
by the Board in the exercise of its discretion, provided that such
rules are filed with the Municipal Clerk.
(b)
To supply information and assistance to landlords and tenants,
including but not limited to documents regarding tenant protection,
to help them comply with the provision of this chapter, municipal
code, and State law and regulations.
(c)
To hold hearings and adjudicate applications and complaints
from landlord/tenants pursuant to this chapter. Said Board shall give
both landlord and tenant reasonable opportunity to be heard before
making any determination, with or without counsel. All determinations
shall be in writing with copies to any parties of record.
(d)
To require the production of books, records, tax returns, balance
sheets, profit and loss statements and such other records as the Board
may require and deem necessary for its determination.
(e)
To authorize the issuance of subpoenas.
3.
Any tenant filing a complaint with the Rent Leveling Board against
the landlord shall be required to sign a complaint and appear before
the Board to give testimony as requested by the Board. The landlord
and/or his representative upon due notice shall be required to appear
and give testimony. Any tenant appearing before the Board may select
someone to represent them who need not be an attorney provided the
person representing the tenant is authorized to do so in writing.
f.
Appeals of Rent Leveling Board Decisions.
1.
Any determination of the Rent Leveling Board shall be deemed a final
determination by the City. Either the landlord or tenant may appeal
the findings of the Rent Leveling Board to the Law Division of the
Superior Court in accordance with New Jersey Court Rules.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
Rent Regulation Officer. The position of Rent Regulation Officer,
in the Department of Community Development, is hereby created, and
the individual serving in this position shall be compensated based
on existing salary controls and provisions within the Department.
The Rent Regulation Officer shall be under the direction and supervision
of the Director of Community Development, or their designee.
1.
The duties of the Rent Regulation Officer shall be as follows:
(a)
To require, obtain, keep and maintain all relevant records and
other data and information.
(b)
To supply information and assistance to landlords and tenants
and to bring together tenants and landlords in formal conferences
and suggest resolutions of conflicts between them in order to assist
them in complying with the provisions of this chapter.
(c)
To ensure compliance by the landlord and tenants with the provisions
of this chapter.
(d)
To remedy violations of this chapter as provided by this chapter.
(e)
To accept, process, investigate and determine complaints from
tenants as provided for in this chapter.
(f)
To accept, process, review and investigate applications from
landlords as provided for in this chapter.
(g)
To coordinate and supervise all staff associated with the operation
of this ordinance.
(h)
To attend all meetings of the Rent Leveling Board.
(i)
To prepare meeting agendas for the Board in consultation with
the Chair.
(j)
To review Rent Information Forms and applications by tenants
and landlords to confirm conformity with this chapter and to obtain
additional documentation as necessary.
2.
Any person aggrieved by a determination of the Rent Regulation Officer
may appeal to the Rent Leveling Board, which may sustain, vacate,
modify or reverse said determination. An appeal shall be filed no
later than 45 calendar days after the date that the determination
is issued. The appeal shall be in the form detailed herein, and shall
be accompanied by the fee as set forth in this chapter.
3.
Upon receipt of the appeal setting forth in detail the grounds for
the appeal of a determination by the Rent Regulation Officer and the
required fee, the matter shall be placed upon the Rent Leveling Board
agenda within 60 days of receipt. During the pendency of the appeal,
the rent for the subject unit shall be the rent as established by
the Rent Regulation Officer.
b.
Additional Staff. Additional staff, as needed, shall be hired or
designated by the City Manager and compensated based on existing salary
controls and provisions within the relevant Department.
c.
Special Counsel. The Mayor and Council may appoint special counsel
to advise the City regarding the implementation of this chapter, and
to provide legal services to the Rent Regulation Officer and the Board.
Special counsel will serve under the direction and supervision of
the Mayor and Council, the City Manager and their subordinate designees.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
The following fees shall apply to all applications or other proceedings
of the Rent Leveling Board and Rent Regulation Officer. Each of the
following fees shall be per dwelling unit:
b.
A single application may be filed for several apartments in the same
building for which similar or substantially identical facts are involved.
[Added 3-10-2021 by Ord.
No. 2021-5; amended 12-22-2021 by Ord. No. 2021-40; 12-20-2023 by Ord. No. 2023-48]
a.
A violation of any provisions of this chapter, including but not
limited to the making of any material misstatement of fact to the
Rent Leveling Board or Rent Regulation Officer, or a determination
by the Rent Leveling Board that a landlord caused a dwelling unit
to be vacated by unlawful means or raised a tenant's rent in violation
of this chapter, or that a landlord rented to a tenant without filing
a Landlord Registration Form for the unit, shall result in the violator
being subject to a fine in an amount not to exceed $2,000 per dwelling
unit. The Rent Regulation Officer is hereby authorized to issue charges
to be heard in the Municipal Court.
