[1982 Code § 177-1]
As used in this chapter:
Shall mean for habitation as defined by any appropriate Borough
ordinance or State law.
Shall mean the Consumer Price Index-U which is published
periodically by the Bureau of Labor Statistics, United States Department
of Labor, for all urban consumers, New York — Northeastern New
Jersey.
Shall mean any building or structure rented or offered for
rent to three (3) or more tenants of family units. Exempt from this
chapter are premises primarily serving transient guests, buildings
in which up to one-third (1/3) of the occupied floor space is commercial
and dwellings containing three (3) or fewer units in which the owner
of the premises resides.
Shall mean and include that portion of a dwelling rented
or offered for rent for living and dwelling purposes to one (1) individual
or 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.
Shall mean a dwelling not subject to rent leveling or rent
control.
Shall mean and include all tenants, including monthly tenants,
who do not have a written lease.
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Editor's Note: Regulation pertaining to the establishment, powers and duties of the Rent Leveling Board may be found in Chapter 2, Administration.
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[1982 Code § 177-2; Ord. No. 1380-09-13]
a.
Establishment of rents 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 at the termination
of the lease of a periodic tenant, no landlord shall request or receive
a percentage increase in rent which is greater than the percentage
difference between the Consumer Price Index-U ninety (90) days prior
to the expiration or termination of the lease and the Consumer Price
Index-U ninety (90) days prior to the date the lease was entered into,
which shall in no event be in excess of ten (10%) percent.
b.
A landlord may not change the form of tenancy during the tenancy
of a particular tenant. The "form of tenancy" is to be defined to
include the utilities that are to be provided by the landlord at no
additional cost to the tenant. By way of example but not limitation,
a tenancy may include heat, hot water and/or water to be included
with the rent at no additional cost to the tenant. The terms of the
rental agreement between the landlord and the tenant may not be changed
during a tenancy.
[1982 Code § 177-3; Ord. No. 1380-09-13]
Any rental increase at a time other than at the expiration of
a lease or termination of a periodic lease shall be void. Any rental
increase in excess of that authorized by the provisions of this section
shall be void.
[1982 Code § 177-4; Ord. No. 1380-09-13]
Any landlord seeking an increase in rent shall notify the tenant
of the increase in writing, by certified mail, return receipt requested,
at least thirty (30) days prior to the increase becoming effective,
together with the reasons for the increase and calculations involved
in the computation of the proposed increase, including the consumer
price index at the time of the notice. All oral or verbal notices
of proposed rental increases shall be ineffectual and void.
[1982 Code § 177-5; Ord. No. 1380-09-13]
All leases entered into after the effective date of this chapter
shall specify the consumer price index on the date the lease becomes
effective.
[1982 Code § 177-6; Ord. No. 1380-09-13]
A landlord may seek additional rental for capital improvements
made by him in the rental unit or attributable to the rental unit.
[1982 Code § 177-7; Ord. No. 1380-09-13]
As used in this section:
Shall mean an improvement which is depreciable pursuant to
the Internal Revenue Code of the United States and rules and regulations
promulgated thereunder and allowed as depreciable expense by the Internal
Revenue Service.
[1982 Code § 177-8; Ord. No. 1380-09-13]
The amount of the monthly increase which a landlord may charge shall be determined as follows: the total amount of the cost of the capital improvement as allowed by the Internal Revenue Service shall be divided by the depreciation period allowed by the Internal Revenue Service. That annual amount so obtained shall be prorated among all tenants in accordance with the formula provided in Section 15-4, and all such rent increases shall be charged for no period greater than the original depreciation period of the improvements without regard to subsequent adjustments in the basis of the dwelling.
[1982 Code § 177-8; Ord. No. 1380-09-13]
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 increase in the present property tax over the property
tax of the previous year by the number of all rented 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 rented
room multiplied by the number of rooms occupied by the tenant.
[1982 Code § 177-9; Ord. No. 1380-09-13]
Any landlord seeking a tax surcharge shall notify the tenant
of the calculations involved in computing the tax surcharge, including
the present property tax for the dwelling, the property tax for the
dwelling for the previous year, the number of rooms in the dwelling,
the tax increase per room, the number of rooms occupied by the tenant
and the maximum allowable surcharge.
[1982 Code § 177-10; Ord. No. 1380-09-13]
The tax surcharge each tenant is liable for shall be paid in
twelve (12) monthly payments commencing with the first month immediately
following receipt of notification from the landlord.
[1982 Code § 177-11; Ord. No. 1380-09-13]
The tax surcharge shall not be considered rent for the purposes
of computing cost-of-living rental increases.
[1982 Code § 177-12; Ord. No. 1380-09-13]
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.
[1982 Code § 177-13; Ord. No. 1380-09-13]
In the event the appeal is successful and the tax is reduced,
the tenant shall receive sixty-five (65%) percent of the reduction
as applied ratably to its tax portion after deducting from the total
tax reduction all expenses incurred by the landlord in prosecuting
the appeal.
[1982 Code § 177-14; Ord. No. 1380-09-13]
In the event the landlord receives interest on any tax overpayment, such interest shall be deemed part of the tax reduction for purposes of reimbursement under subsection 15-4.6 above.
[1982 Code § 177-15; Ord. No. 1380-09-13]
In the event that a landlord cannot meet his mortgage payments
and current operating expenses on the dwelling or cannot otherwise
earn a fair and reasonable return upon his investment in the dwelling,
he may make application to the Rent Leveling Board for increased rentals.
The Rent Leveling Board shall, on notice to the parties, conduct public
hearings on the application and shall afford such relief to the landlord
as it may deem necessary under the circumstances, upon detailed findings
of fact regarding all relevant financial aspects of the landlord's
profit, expense and rate of return.
[1982 Code § 177-16; Ord. No. 1380-09-13]
In all cases, combined rent increases for any and all cause
shall not exceed ten (10%) percent in any one (1) year, including
tax surcharge.
[1982 Code § 177-17; Ord. No. 1380-09-13]
During the term of this section, 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.
[1982 Code § 177-18; Ord. No. 1380-09-13]
An individual tenant or class of tenants who are not receiving substantially the same standards of service, maintenance, furniture, furnishings or equipment as specified in subsection 15-7.1 may have the Rent Leveling Board determine the reasonable rental value of the housing unit or dwelling in view of this deficiency. Such deficiency may be found and disclosed only after a duly noticed hearing. 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.
[1982 Code § 177-19; Ord. No. 1380-09-13]
The permissible rental increase for any tenant whose term is
less than one (1) year by written lease, oral lease or otherwise shall
be that sum equal to the increase in consumer price index for the
period of one (1) year prior to the date of the termination of the
term divided by twelve (12) and multiplied by the number of months
in the term; however, not to exceed one (1) rental increase for any
twelve (12) month period.
[1982 Code § 177-20; Ord. No. 1380-09-13]
The landlord shall notify the tenant of the proposed rental
increase at least thirty (30) days prior to the expiration of the
lease if such an expiration date is fixed therein. If the expiration
date is fixed therein, then the aforesaid notification shall be given
according to the law governing the giving of notices to quit and demand
for possession for the specific rental period. The contents of this
notification shall conform to the requirements herein set forth for
leases of one (1) year or greater.
[1982 Code § 177-21; Ord. No. 1380-09-13]
Tenancies at will and at sufferance shall be treated as if they
were month-to-month tenancies for the purposes of this chapter.
[1982 Code § 177-22; Ord. No. 1380-09-13]
The tax surcharge for tenancies of less than one (1) year shall
be computed in the same manner as previously provided herein, but
no tenant shall be liable in any month for more than one-twelfth (1/12)
of the tax surcharge so computed.
[1982 Code § 177-23; Ord. No. 1380-09-13]
Notwithstanding any limitations upon permissible rent increases
under any other provisions of this chapter, upon voluntary, uncoerced
vacation of any apartment, rent increases for which are controlled
in this chapter, the landlord shall have the right to fix the rent
for such vacated apartment at such a sum as he deems appropriate.
[1982 Code § 177-24; Ord. No. 1380-09-13]
Upon a tenant vacating a unit, the unit shall no longer be governed
by rent leveling and the provisions of this chapter and the property
owner/landlord may increase or decrease the rent as the housing/rental
market dictates. When a tenant's lease is of less than one year
as described elsewhere or a month to month lease on the effective
date of this chapter, the unit will still be subject to rent leveling
and the provisions of this chapter. At no point may the property owner
attempt to evict or remove the tenant to create a "market rate unit."
[1982 Code § 177-25; Ord. No. 1380-09-13]
The decontrol provisions of this section shall only apply to
dwelling units which are physically vacated subsequent to the effective
date of this section.
[1982 Code § 177-26; Ord. No. 1380-09-13]
Upon vacation of any apartment hereafter, the landlord shall
file a statement with the Rent Leveling Board, certifying to the Board:
a.
The apartment and building numbers of such dwelling unit.
b.
The rent paid by the vacating tenant.
c.
The maximum rent increase which would be permissible under the other
provisions of this chapter.
d.
The number of days such apartment remains vacant.
e.
The rent agreed to by the new tenant for such apartment.
f.
That the vacation of such apartment was the voluntary act of the
vacating tenant and that such vacation was not the result of landlord
harassment or pressure upon such vacating tenant.
g.
When a unit becomes a market rate unit, the landlord shall file a
statement with the Rent Leveling Board of the increase/decrease in
rent.
h.
The landlord shall file an annual statement not later than January
31st of each year on how many units became market rate units in the
previous year and how many units are still subject to Rent Leveling.
The statement shall also identify each unit by building, floor, number
of bedrooms and unit number. The statement shall also include a statement
of average rents for the year of each type of unit.
[1982 Code § 177-27; Ord. No. 1380-09-13]
a.
The following fees shall apply to all applications or other proceedings
of the Rent Leveling Board:
1.
Tenant request for written ruling without hearing: fifteen ($15.00)
dollars.
2.
Tenant request for written ruling with hearing before the Board:
twenty-five ($25.00) dollars.
3.
Landlord request for increase in permitted rental: twenty-five ($25.00)
dollars per dwelling unit, up to ten (10) units, and an additional
ten ($10.00) dollars for each additional unit over ten (10).
b.
Fees shall be paid only by check or money order made payable to the
Borough of Little Ferry. All legal tender shall be accepted.
[1982 Code § 177-28; Ord. No. 1380-09-13]
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.
[1982 Code § 177-29; Ord. No. 1380-09-13]
The owner of housing space or dwelling being rented for the
first time shall not be restricted in the initial rent charges. Any
subsequent rental increases, however, shall be subject to the provisions
of this chapter.
[1982 Code § 177-30; New; Ord.
No. 1380-09-13]
Any person who violates any provision 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 the penalty stated in Chapter 1, Section 1-5. A violation affecting more than one (1) leasehold shall be considered a separate violation as to each leasehold.
[1982 Code § 177-31; Ord. No. 1380-09-13]
This chapter, being necessary for the welfare of the Borough
and its inhabitants, is remedial and shall be liberally construed
to effectuate the purposes thereof.
