[1974 Code § 9-7.1; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 1; Ord. No. 86-3 § 1]
The Mayor and Council finds that there exists a serious public
emergency due to the critical shortage of rental housing units within
the Borough. It is in the interest of the health, safety and general
welfare of the residents of the Borough to prevent unwarranted and
abnormal increases in rent, 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 crises.
This section is enacted to effect these goals.
[1974 Code § 9-7.2; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 2; Ord. No. 86-3 § 2; Ord. No. 97-28]
As used in this chapter:
Shall mean that date upon which a tenant's lease expires
or upon which a periodic tenant's rental term expires. The Rent Leveling
Commission shall have the power to fix anniversary dates for all dwelling
units, taking into consideration the above factors, as well as the
date of tenant's initial occupancy and the date of the last rent increase.
Shall mean a housing accommodation or portion thereof in
which there are facilities for living, sleeping, cooking and/or toilet
purposes.
Shall mean any building or structure, permanent or temporary,
or any part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent as a residence, home,
sleeping place, or lodging, together with all privileges, services,
furnishings, furniture and facilities connected with the use or occupancy
thereof, including parking privileges.
Shall mean an owner, lessor, sublessor, assignee or any other
person receiving or entitled to receive rent, or any agent of such
person.
Shall mean the maximum lawful rent for the use of housing
accommodations, as permitted under this section.
[1974 Code § 9-7.3; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 3; Ord. No. 86-3 § 3; Ord. No. 97-23; Ord. No. 09-18]
The following housing accommodations are exempt from the provisions
of this section:
a.
A hospital, nursing home or public dormitory, or any charitable,
educational or nonprofit institution.
b.
A hotel or motel characterized by the customary hotel or motel services
such as, but not limited to, laundry and maid services, telephone,
switchboard and front lobby desk.
c.
Public housing, which consists of the building but not individual
apartments.
d.
Condominiums and cooperative housing developments. However, for housing
accommodations which were subject to rent control prior to conversion
to condominiums or cooperative apartments, any dwelling unit occupied
by a tenant prior to such conversion shall remain subject to this
section for the duration of the tenancy of that tenant, and only for
that tenant, regardless of the number of rental units remaining in
any such building after conversion.
e.
Buildings and structures in which there are two or less rental units.
A dwelling unit occupied by a landlord shall not be considered a rental
unit. This exemption shall be deemed to apply retroactively to cover
all such buildings and structures.
f.
Newly constructed housing accommodations or dwelling unit, but only for a period of two years after the date of certificate of occupancy is issued for such housing accommodations or dwelling units. After the expiration of the two-year period, the housing accommodations or dwelling units shall be subject to the provisions of this section. This provision shall apply only to such housing accommodations or dwelling units, upon which construction has commenced after the effective date of this section. In addition, all such dwelling units or housing accommodations exempted under this provision shall not be deemed rental units for the purposes of Subsection e hereunder.
g.
Rental units which are occupied by a tenant who participates in a
Section 8 Housing Choice Voucher Program pursuant to rules and regulations
of the United States Department of Housing and Urban Development (HUD),
so long as the tenant's portion of the rent payment does not exceed
the base rent as otherwise established by this section. In order to
implement this exemption, the landlord shall file an affidavit stating
that the unit is vacant or is currently occupied by a Section 8 Housing
Choice Voucher Program participant, and that the previous tenant was
not harassed or coerced to move from the unit. If deemed necessary
by the Administrator, the landlord shall also be required to file
an affidavit from the previous tenant. The landlord shall also file
proof, on forms prescribed by the Rent Leveling Board, that the tenant
is a participant in a Section 8 Housing Choice Voucher Program. The
landlord shall file annually, with the Rent Leveling Board, rent roll
registrations on forms prescribed by the Board, showing what the base
rent for each unit would be if it was not exempt pursuant to this
subsection. Attached to the rent roll must be a true copy of the rent
authorization form from the agency administering the applicable Section
8 Voucher, showing the authorized affordable rent and the tenant's
portion of same. In the event the tenant ceases participating in the
Section 8 Program or a nonparticipating tenant occupies the unit,
the unit will become subject to the rent controls imposed by this
section at the same base return as if it had never been exempt, except
for such annual increases as otherwise would have been permitted during
the period of exemption.
[1974 Code § 9-7.4; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 4; Ord. No. 86-3 § 4]
a.
There is hereby created a Rent Leveling Commission, consisting of
five regular members and seven alternate members. The regular members
shall consist of one landlord owning property affected by this section,
one tenant residing in a dwelling unit affected by this section, and
three persons who do not qualify under the above two categories and
who are not landlords or tenants in this or any other municipality,
one of which shall be designated as the chairman by the Mayor and
with the advice and consent of the Borough Council. The alternate
members shall consist of two such landlords, two such tenants and
three such persons who do not qualify under these categories and who
are not landlords to tenants in this or any other municipality. A
secretary and attorney to the Commission shall also be appointed to
one-year term by the Mayor with the advice and consent of the Borough
Council. The secretary may also serve on the Commission as a regular
member. The compensation of the secretary and attorney shall be determined
by the Mayor and Council.
b.
Alternates shall have the right to sit on the Commission and have
a vote only in the absence of a regular member in the same category.
In the event there are more alternates in attendance than absences
of regular members in their category, alternates shall participate
in rotation.
c.
All regular members and alternate members together shall be appointed
by the Mayor with the advice and consent of the Borough Council. All
members shall be residents of the Borough and shall serve for one-year
terms beginning on January 1 of each year except for initial appointments
made hereunder, which shall expire on December 31, 1982. Vacancies
shall be filled for unexpired terms only. All members shall serve
without compensation.
d.
In the event that the Mayor and Borough Council are unable to secure
the services of sufficient persons to bring the Rent Leveling Commission
to full membership from the above categories, then the Mayor with
the advice and consent of the Borough Council, shall appoint sufficient
people as may be necessary to bring the Rent Leveling Commission to
full membership, which appointments may be made without regard for
categories of membership.
[1974 Code § 9-7.5; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 5; Ord. No. 86-3 § 5; Ord. No. 88-1 § 1; Ord. No. 90-40 § 1]
The Rent Leveling Commission is hereby granted and shall have
and exercise, in addition to other powers herein granted, all the
powers necessary and appropriate to carry out and execute the purposes
of this section, 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 section, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Commission in the exercise of its discretion,
provided that such rules are filed with the Borough Clerk and are
not specifically repealed or overruled by resolution of the Mayor
and Council.
b.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this section.
c.
To hold hearings and adjudicate applications from landlords for additional
rental or imposition of a surcharge as hereinafter provided, and to
hold hearings and adjudicate applications and complaints from tenants
as to rent increases, surcharges, maintenance of services by landlords,
vacancy decontrol, and any other matter within the jurisdiction of
the Commission. The Commission shall give both landlord and tenant
reasonable opportunity to be heard before rendering a final determination
on any application or complaint.
d.
To enforce the provisions of this section.
e.
To administer oaths, examine witnesses and by subpoena compel the
attendance and the testimony of witnesses and the production of books,
papers, documents or tangible things.
f.
The Board may, by resolution, determine that the services of an expert
are required for the review and rendering of a report on documentation
submitted with an application. In that event, the Board may, by resolution,
authorize the hiring of an auditor and establish a fee for the services
to be rendered. The auditor's fee shall be paid by the person making
the application to the Board. No application shall be heard by the
Board until the fee shall have been paid.
[1974 Code § 9-7.6; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 6; Ord. No. 86-3 § 1; Ord. No. 97-28; Ord. No. 00-29 § 1;
amended 2-16-2016 by Ord. No. 16-3; 7-19-2022 by Ord. No. 22-07A]
a.
Each landlord owning housing accommodations subject to this section
shall file with the Rent Leveling Commission a list of all dwelling
units and their respective rents and anniversary dates. All increases
in rents shall be filed with the Rent Leveling Commission. No landlord
shall increase rents in an amount in excess of that authorized by
this section.
b.
Upon the anniversary date, a landlord shall be entitled to increase the rent to a tenant in an amount equal to 10% of the then rental subject to Subsection f of this section.
c.
No landlord shall be entitled to raise rents to any tenant more frequently
than once each year. However, should a landlord fail to raise rent
to any tenant upon the anniversary date, landlord shall be permitted
to file for the permitted increase in any subsequent month and preserve
the same anniversary date; and shall thereafter have the right to
increase rent upon the next anniversary date. In addition, a landlord
who has not increased a rental to any tenant on an anniversary date
and thereafter does not increase the rent until the next anniversary
date, shall be entitled to increase such rent in an amount equal to
the sum of the increases which would have been allowed for the two
anniversary dates.
d.
All rental increases shall be filed by landlords with the Commission
on a form prescribed by the Commission, and a copy of such form shall
be provided to the tenant, at least 30 days prior to the effective
date of the increase.
e.
Any rental increase in excess of that authorized by this section
shall be void.
f.
The maximum allowable annual rent increase that a landlord may charge
a qualified senior citizen or disabled person shall be a 7%. The definition
that shall be used to determine qualification by a senior citizen
or disabled person is an individual or family that falls below the
50% median income levels for Bergen County as established by the HUD
guidelines.
g.
The Borough's Rent Leveling Board is hereby empowered with the authority
to hear and determine all applications for qualification as a senior
citizen and disabled person.
[1974 Code § 9-7.7; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 7; Ord. No. 86-3 § 7]
a.
A landlord shall be entitled to a tax surcharge from the 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 total rooms in the dwelling
to obtain a tax increase per room. The tenant shall not be liable
for tax surcharge exceeding the tax increase per room multiplied by
the number of rooms occupied by the tenant.
b.
Any landlord imposing a tax surcharge shall notify the tenant by certified mail or personal service of the calculations involved in computing the tax surcharge including the present property tax of the dwelling, the property tax for the dwelling for 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. The tax surcharge each tenant is liable for shall be paid in 12 monthly payments and shall not be considered rent for purposes of computing increases allowed under Subsection 12-1.6.
c.
In the event of a tax appeal, the portion of the tenant's tax surcharge
not being paid by the landlord to the government will be held in a
separate interest bearing account. In the event that the appeal is
successful and the tax is reduced, the tenant shall receive 50% of
the money left in the escrow account after payment of all taxes, plus
accrued interest on the tenant's share and landlord shall be entitled
to retain 50% and the remaining interest as reimbursement for all
expenses from such appeal and a corresponding reduction in the applicable
tax surcharge shall also accrue to tenant. Payment to the tenant will
be made in the form of a credit against the monthly rent or check
made payable to the tenant.
d.
A tenant shall be entitled to a tax rebate in the event of a reduction
in municipal property taxes. The landlord shall compute the rebate
to which the tenant is entitled by the same formula used in the this
section for computing a tax surcharge. Payment to the tenant shall
be made in the form of a credit against monthly rent or a check made
payable to the tenant.
e.
Tax surcharges shall be filed with the Commission on a form prescribed
by the Commission and a copy of such form shall be provided to each
tenant, at least 30 days prior to the effective date of the tax surcharge.
Tax surcharges may be imposed by landlords as of July 1 in each calendar
year.
[1974 Code § 9-7.8; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 8; Ord. No. 86-3 § 8; Ord. No. 90-40 § 2]
a.
A landlord may apply to the Rent Leveling Board for a surcharge for
the installation of a major capital improvement.
b.
A major capital improvement consists of a substantial change in the
housing accommodations which materially increases the rental value,
and provides the tenants with a benefit or service which the tenants
had not previously enjoyed. Replacement of facilities, materials or
equipment, in order to maintain the same level of service as previously
provided, shall not constitute a capital improvement.
c.
The landlord must apply for a capital improvement surcharge to the
Rent Leveling Board on the form provided by the Board. The following
information shall be supplied to the Rent Leveling Board:
1.
Description of the capital improvement.
2.
Total cost of the improvement.
3.
Number of years of useful life of the improvement.
4.
Copies of all permits necessary to perform the work for installation
or construction of the capital improvement.
5.
Proof that the improvement has been completed within the previous
12 months.
6.
Copies of all bills which directly relate to the capital improvement.
All bills must be itemized.
7.
Copies of all cancelled checks which must correspond to the bills
cited above.
8.
If the improvement exceeds $5,000, the landlord must provide proof
of three legitimate quotes on the capital improvement. If the lowest
bidder was not contracted, the landlord must have supporting documentation
as to the reason the low bidder was not employed.
9.
Rent roll for the current fiscal year.
d.
Ten copies of this application must be filed, and accompanied by
a fee of $20.
e.
The landlord must make available to the tenants in the applicable
building all the above information which is required by the Board.
f.
The secretary of the Board shall reject and return all applications which do not meet the minimum requirements of Subsection c of this subsection.
g.
An application for rent adjustment for capital improvement shall
be made within 12 months after completion of the work. The landlord
of record is the only person allowed to apply for a capital improvement
surcharge.
h.
The Board shall hold hearings on the landlord's application no sooner
than 30 days, or later than 120 days after receiving the application.
i.
The Board shall make the following determinations:
1.
That the bills presented directly apply to the capital improvement
application.
2.
That the work done is a major capital improvement as defined by this
subsection.
3.
That the work was completed and was done in the twelve-month time
period required by this subsection.
4.
That the amount of the cost of such improvement is exclusive of both
interest and service charges.
5.
The number of years of useful life of the improvement.
j.
The landlord shall file with the Rent Leveling Board a proposal as
to the payment of the capital improvement surcharge. The proposal
shall provide for payment of the surcharge over the useful life of
the capital improvement. The method of payment shall reflect the following:
1.
If the capital improvement benefits all housing spaces, but in varying
degrees according to the amount of living area of each housing space,
then the cost for the improvements shall be charged according to either
the number of rooms or the space in proportion to the total rentable
area in the building.
2.
If the capital improvement is equally beneficial to all housing spaces,
regardless of the living area within any housing space, then the cost
of the improvements shall be charged according to the number of housing
spaces within the dwelling.
3.
Increases in rent resulting from a capital improvement surcharge
shall be limited to 5% of the yearly base rent determined by the U.S.
Department of Housing and Urban Development (at the time the surcharge
was granted) for use in establishing subsidy levels for a one bedroom
apartment in Bergen County.
k.
If a capital improvement is granted, the landlord shall notify the
tenant of the following information within the time specified in this
subsection:
l.
The decision of the Board shall be by resolution with certified copies
mailed to the landlord and to the tenants who participated in the
hearing. The resolution shall include the following:
m.
Each landlord shall be limited to one application and approval of
increase in rent due to capital improvement during any one calendar
year. No capital improvement shall be granted while another is in
effect.
n.
Capital improvement surcharges shall not be included in base rent
for the calculation of annual rent charges.
[1974 Code § 9-7.9; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 9; Ord. No. 86-3 § 9; Ord. No. 90-40 § 3]
a.
The landlord shall be entitled to apply to the Board for a hardship
surcharge if the net operating income for the building or complex
is less than 40% of gross rents and revenues for the building.
b.
Net operating income shall be defined as gross rents and revenues,
less expenses.
c.
Revenues shall include:
1.
Surcharges.
2.
Garage rents.
3.
Laundry income.
4.
Vending machine revenue.
5.
Withheld portion of the interest due on the tenants' security.
6.
Real estate tax surcharge.
7.
Proceeds from tax appeals.
8.
Charges for late payment of rent.
9.
Security deposits retained pursuant to the terms of the rental agreement.
10.
All other sources of income resulting from the rental of the dwelling
units of the apartment building.
d.
Expenses shall include:
1.
Total payroll.
2.
All utility charges.
3.
Cost of heating fuel.
4.
Management cost.
5.
Other administrative costs.
6.
Painting and decorating.
7.
Maintenance and repairs.
8.
Supplies.
9.
Miscellaneous operating expenses.
10.
Insurance.
11.
Real estate taxes.
12.
Refunds to tenants.
Expenses shall not include mortgage principal, interest, depreciation,
penalties, fines and legal fees for services outside the normal day-to-day
operation of the building or complex.
e.
The landlord shall file the application on the form specified by
the Rent Stabilization Board. The landlord shall submit the following
information for the two-year period immediately preceding the application:
1.
Copies of the applicable parts of the landlord's tax return.
2.
Financial statements (balance sheet, profit and loss, cash flow).
3.
Analysis of gross income.
4.
Copies of the landlord's real estate tax bill, with proof of payment.
5.
Copies of State and local tax bills, with proof of payment.
6.
Documentation of management fees and identification of the recipients.
7.
Itemization of capital improvements.
8.
Description of all transactions with related person, "related persons"
shall be understood in the context ordinarily used in the accounting
and legal professions.
9.
Proof of expenditures for expense items, i.e., cancelled checks and
receipts marked "paid."
10.
Detailed analysis of payroll costs.
11.
Monthly analysis of rents and other income.
12.
Rent roll.
13.
Detailed listing of unpaid bills, uncollected receivables and claims.
14.
Analysis of accrued expenses.
15.
Description of accounting practices and policies.
f.
This statement must be certified by a certified public accountant
as to its accuracy and completeness.
g.
1.
Ten copies of this application must be accompanied by a $20 fee.
The landlord shall be required to post a $250 deposit to cover the
expenses incurred by the Rent Stabilization Board in obtaining a review
of the hardship application by an independent accountant.
2.
The landlord must make available to the independent accountant all
documents and records pertaining to the building or complex. The landlord
shall produce these documents and records at the hearing, if requested
by the Rent Stabilization Board.
h.
The secretary of the Board shall reject and return all applications which do not meet the minimum requirements of Subsection e of this subsection.
i.
The Board shall hold a hearing on the landlord's application no sooner
than 30 days, or later than 120 days, after the receiving and acceptance
of the application.
j.
The Board, after hearing all witnesses and reviewing all evidence
shall determine if:
1.
The expenses reported for a particular year are applicable to that
year; the Board shall amortize significant one time expenses over
the period during which the benefit of the time expenses over the
period during which the benefit of the expenses will be realized,
or useful life for capital assets.
2.
All items of income were reported.
k.
1.
If the Board has determined that operating expenses exceed 60% of
gross rents and income, the Board shall grant a hardship surcharge
which will bring the operating expense/gross rent ratio to 60% for
the next fiscal year.
2.
It shall be assumed that rents and expenses shall increase at the
same rate which shall be, for purposes of this subsection, the annual
allowable rent increase, or 4%.
m.
If a hardship is granted, the landlord shall notify the tenant of
the following information, 30 days prior to the implementation of
the surcharge:
n.
The decision of the Board shall be by resolution with certified copies
mailed to the landlord and to the tenants who participated in the
hearing. The resolution shall include the following:
1.
Whether the hardship application was granted.
2.
If the application was granted, the calculation and amount of the
surcharge, with the appropriate amount per tenant charge.
3.
A statement as to the beginning and ending dates of the surcharge.
4.
A description of the appeal procedure to the Mayor and Council.
o.
Each landlord shall be limited to one application and approval of
increase in rent due to hardship during any one calendar year. No
hardship surcharge shall be granted while another is in effect.
p.
All hardship surcharges shall expire after 30 months. After that
time, the landlord, if he or she wishes to continue the surcharge,
shall submit a new application, which application shall be reviewed
at a hearing of the Board.
q.
Hardship surcharges shall not be included in base rent for the calculation
of annual rent increases.
[1974 Code § 9-7.10; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 10; Ord. No. 86-3 § 10]
The landlord shall maintain all housing units in a habitable
condition and in good repair and with the same services, maintenance,
fixtures, furnishings and equipment as was provided or was required
to be provided by law or lease at the date the tenancy was commenced.
This includes the proper maintenance and repair of the common areas
of the housing complex. Any individual tenant or class of tenants
who is not receiving substantially the same standards of service,
maintenance, fixtures, furnishings or equipment, either in his or
their housing space or in the common area of the housing complex,
may apply to the Rent Leveling Commission to determine the reasonable
rental value of the housing space with reduced services. The tenant
or class of tenants shall pay the reasonable rental value as full
payment for rent until the landlord demonstrates to the Rent Leveling
Commission that the deficiency has been correct. At that time and
upon the approval of the Rent Leveling Commission, the rent may be
increased to the amount permitted pursuant to this section.
[1974 Code § 9-7.11; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 11; Ord. No. 86-3 § 11]
Housing accommodations which are the subject of this section
which become vacant after the passage of this section or are vacant
at the time of such passage qualify for vacancy decontrol. With regard
to each such vacant premises, the landlord and tenant shall be entitled
to agree and fix the rent for such dwelling unit as they deem appropriate.
Once the vacant apartment has been rented, it shall immediately be
subject to all the other terms and provisions of this section including,
but not limited to, maximum amounts of increases of rent thereafter,
unless and until it shall become vacant and again qualify for vacancy
decontrol.
[1974 Code § 9-7.12; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 12; Ord. No. 86-3 § 12]
Any tenant filing a complaint with the Rent Leveling Commission
against the landlord shall be required to sign a complaint, provide
the landlord with a copy of such complaint, and appear before the
Commission to give testimony as requested by the Commission. The landlord
and/or his representative upon due notice shall be required to appear
and give testimony. Any tenant appearing before the Commission 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.
Any person representing a tenant excepting an attorney is not permitted
to charge a fee for his service.
[1974 Code § 9-7.13; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 13; Ord. No. 86-3 § 13; Ord. No. 89-3 § 2]
There is hereby established the following schedule of fees for
complaints and applications to the Commission, which fees shall be
payable to the Tax Collector of the Borough of Fairview:
a.
Complaint filing fee: $5.
b.
Complaint hearing fee (payable by the unsuccessful party): $10.
c.
Landlord filing fee for annual increases under Subsection 12-1.6, per unit: $5 with a maximum of $50 annually per building.
d.
Landlord filing fee for tax surcharge: no fee.
e.
Landlord application for capital improvement surcharge: $15.
f.
Landlord application for hardship increase: $25.
[1974 Code § 9-7.14; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 14; Ord. No. 86-3 § 14]
A provision of a lease or other agreement whereby any provision
of this section is waived shall be deemed against public policy and
shall be void.
[1974 Code § 9-7.15; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 15; Ord. No. 86-3 § 15]
Any person aggrieved by a decision of the Commission shall appeal
to the Mayor and Council by filing a written notice of appeal with
the Borough Clerk and by serving copies of the notice to all interested
parties within 30 days of the Commission's decision. Such notice must
specify the grounds for the appeal.
[1974 Code § 9-7.16; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 16; Ord. No. 86-3 § 16; Ord. No. 88-1 § 2]
a.
Any person who violates any provisions of this section including, but not limited to, the willful filing with the Rent Leveling Commission of any material misstatement of fact, shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5 and shall be considered a separate violation as to each leasehold.
b.
Upon a finding by the Rent Leveling Commission that a willful violation
of any provision of this section may have occurred, the chairman of
the Commission shall file a complaint setting forth the nature of
and factual basis for the complaint with the Borough Prosecutor, who
shall prosecute such complaint in the Borough Municipal Court.
[1974 Code § 9-7.17; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 17; Ord. No. 86-3 § 17]
This section being necessary for the welfare of the Borough
and its inhabitants shall be liberally construed to effectuate the
purposes thereof.
[1974 Code § 9-7.18; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 18; Ord. No. 86-3 § 18]
If any provision of this section or the application of such
provisions to any person or circumstances is declared invalid, such
invalidity shall not affect the remainder of this section and, to
this end, the provisions of this act are declared to be severable.
[1974 Code § 9-7.19; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 19; Ord. No. 86-3 § 19; Ord. No. 88-1 § 3; Ord. No. 89-3 § 3]
This section shall remain in full force and effect until such
time as the Mayor and Council deem it is no longer necessary to have
a Rent Leveling Commission or unless otherwise repealed or amended.
[1]
Editor's Note: Retroactive to January 1, 1989.
[1974 Code § 9-7.20; Ord. No. 76-11; Ord. No. 78-13; Ord. No. 80-6; Ord. No.
82-1 § 20; Ord. No. 86-3 § 20]
This section shall take effect immediately upon publication
and passage according to law.
[1974 Code § 9-7.21; Ord. No. 90-40 § 4]
a.
All owners and landlords shall be required to register all rental
dwellings units with the Rent Leveling Board on or before the first
of each year. Registration shall be accomplished when a landlord files,
on a form specified by the Rent Leveling Board, the following information:
1.
Address of the dwelling units.
2.
Name and address of owner/landlord.
3.
Name and address of the manager/superintendent of the building.
4.
Rent being paid by each tenant as of January 1 of the year (base
rent + surcharge = total).
5.
Each surcharge shall be listed separately with the effective date
and the expiration date clearly stated for each tenant.
6.
Number of rooms occupied by each tenant.
7.
Number of individual dwelling units in building.
8.
Facilities and/or utilities provided.
9.
Rental period of each tenant and date when the rental period terminates.
10.
Identify any apartment on any subsidy program.
11.
Identify all units vacated in the prior 12 months and the certificate
of occupancy numbers for the vacant apartments.
b.
No landlord who has failed to register a unit properly shall at any
time increase rents for a controlled rental unit until the units are
properly registered.
c.
The landlord shall print or otherwise insert on each new lease or
lease renewal, the following language: "Rent on this apartment is
required to be computed in accordance with certain guidelines established
by municipal rent leveling ordinances which ordinance is administered
by the Fairview Rent Leveling Board." The language shall be in capital
letters and in a conspicuous location on each new lease.
