[Amended in entirety 7-19-2023 by Ord. No. O-23-31. History includes
1972 Code Ch. 23; Ord. No. O-02-18; Ord. No.
O-01-32; Ord. No. O-02-26; Ord. No. O-03-23; Ord. No. O-04-34; Ord.
No. O-05-15; Ord. No. O-06-30; Ord. No. O-08-09; Ord. No. O-09-21; Ord.
No. O-11-11; Ord. No. O-11-33; Ord. No. O-20-31; Ord. No. O-21-11; Ord. No. O-22-03; Ord. No. O-22-43.]
Editor's Note: The power to control rent is part of the
general police power contained in N.J.S.A. 40:48-1,2.
[Added 7-19-2023 by Ord. No. O-23-31]
Whereas, in 1973, the City of Bayonne passed Ordinance No. O-73-06,
an ordinance that restricted the amount of rent landlords could charge
for the use and occupancy of a rental unit in their residential dwelling,
subject to a few exceptions. This type of rent restriction is known
as rent control; and
Whereas, Ordinance No. O-73-06 was extended each year by the
adoption of a new ordinance. The most recent ordinance that extended
rent control for rental units in most residential dwellings was Ordinance
No. O-11-11, which ended on June 30, 2011. Thereafter, the City of
Bayonne did not pass a new ordinance to extend Ordinance No. O-73-06,
the effect of which, lifted rent control for residential units that
were vacant on June 30, 2011. However, the rental units that housed
residential tenants as of June 30, 2011 remained subject to rent control
by virtue of their occupancy; and
Whereas, on November 9, 2011, the City of Bayonne passed Ordinance
No. O-11-33, which established protections for residential tenants
still occupying a rental unit subject to rent control; and
Whereas, the City of Bayonne has found that there is a need
to provide additional, clearer, and revised protections for residential
tenants who have been continuously residing in rental units subject
to rent control since June 30, 2011 than that was afforded to them
by Ordinance No. O-11-33;
Now, therefore, be it ordained, by the Municipal Council of
the City of Bayonne that Ordinance No. O-11-33, and every ordinance
amending it thereafter, is hereby repealed and replaced with this
Ordinance No. O-23-31, effective as of July 19, 2023. Any and all
amendments and supplements of this ordinance shall be in full force
and effect immediately after passage and this chapter may be further
amended from time to time by the Municipal Council in a manner provided
by law.
[Added 7-19-2023 by Ord. No. O-23-31]
The purpose of this chapter is to establish a method to continue
the protection for those residential who are legally occupying a rental
unit subject to rent control at the time of the passage of this chapter
as of the date of its passage. It is common knowledge that in the
State of New Jersey the interests of tenants are protected by State
Law, N.J.S.A. 2A:18-53 or Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et
seq. from evictions without just cause and directly on point for unreasonable
rent increases, N.J.S.A. 2A:18-61.1f.
[Added 7-19-2023 by Ord. No. O-23-31]
This chapter being necessary for the welfare of the City and
its inhabitants shall be liberally construed to effectuate the purpose
thereof.
[Added 7-19-2023 by Ord. No. O-23-31]
As used hereinafter in this chapter, the following terms shall
have the meanings indicated:
Yearly expenses incurred by the landlord of the Dwelling
for the following items: heating fuel; utilities; real estate taxes;
insurance; payroll; janitorial services and materials; painting and
decorating; ordinary and routine repairs and maintenance; and miscellaneous
administrative expenses. Annual Operating Expenses for purposes of
this chapter shall not include: depreciation; mortgage interest and
amortization; the cost of Major Capital Improvements or Individual
Rental Unit Improvements; or expenses derived from any commercial
or non-housing portions of the Dwelling. Where an Annual Operating
Expense benefitted both a residential tenant(s) and commercial user(s),
such Annual Operating Expense shall be apportioned accordingly between
residential and commercial tenants to determine the amount of Annual
Operating Expense attributable to residential use of a Dwelling for
purposes of calculating allowable Hardship Surcharge under this chapter.
The monetary amount approved by the Board and properly noticed according to Section 16-4, which the Rent-Controlled Tenant is required to pay to the landlord for the use and enjoyment of their Covered Rental Unit and any Core Services, but not for the use and enjoyment of any Supplemental Services, for the Rent-Controlled Tenant's applicable rental term. Base Rent shall include subsequent Rent Increases as they become authorized pursuant to Section 16-4. Base Rent shall not include any of the Surcharges authorized pursuant to Section 16-5.
Any rent control board, rent equity board, or other agency
or official authorized to administer and decide matters regarding
this Rent Control Chapter.
The Consumer Price Index for All Urban Consumers, specifically
for the "all items index, not seasonally adjusted" for the region
of the United States of which Bayonne, New Jersey, is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
The twelve-month percent change of the Consumer Price Index.
Services for which no separate or identifiable periodic surcharge
is paid by the Rent-Controlled Tenant and which are provided by a
landlord to the Rent-Controlled Tenant either: (1) to use within their
Covered Rental Unit, or (2) to use outside of their Covered Rental
Unit in the common areas of the Dwelling and its surrounding land,
use of which is available to all tenants in the Dwelling.
Any Rental Unit: (1) designated as one that was subject to
rent control pursuant to Ordinance No. O-73-06 and its progeny ordinances,
and (2) which, as of January XX, 2023,[1] continues to house a tenant who has not vacated the Rental
Unit or been legally evicted from the Rental Unit since June 30, 2011.
Exempt from this chapter are the following, which shall be defined
as "Exempt Rental Units" for the purposes of this chapter:
Rental Units occupied by persons whose rents are subsidized
in whole in part by federal or state law or regulations, including,
but not limited to:
Section 8 of the U.S. Housing Act of 1937;
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as
amended;
Section 811 of the National Affordable Housing Act of 1990 (P.L.
101-625) as amended by the Housing and Community Development Act of
1992 (P.L. 102-550), the Rescission Act (P.L. 104-19) the American
Homeownership and Opportunity Act of 2000 (P.L. 106-569), and the
Frank Melville Supportive Housing Act of 2010 (P.L. 111-374).
Rental Units permanently decontrolled pursuant to Section 16-9 of this chapter.
Any formal action taken by the Board or the Rent Control
Office to resolve a matter that was brought to it.
Any building, structure, trailer, land used as a trailer
park rented, or land offered for rent to one or more tenants or family
units.
Exempt from this chapter are the following, which shall be defined
as "Exempt Dwellings" for the purposes of this chapter:
Dwellings containing four or less Rental Units.
Motels.
Hotels.
Commercial and industrial space.
Dwellings owned or operated by the United States, the State
of New Jersey, any political subdivision, agency, or instrumentality
thereof, any municipality or any public housing authority.
Dwellings that are subject to Federal preemption by the United
States Department of Housing and Urban Development pursuant to Federal
law or regulation including, but not limited to 24 CFR 246 and 24
CFR 406, or are subject to state preemption pursuant to New Jersey
State law or regulation.
Newly constructed Dwellings rented for the first time which
have been approved by the Building Department of the City of Bayonne
for a Certificate of Occupancy after November 1, 2011. The landlord
of such newly constructed Dwellings may charge rent not subject to
the rental constraints of this chapter.
The money derived from the Dwelling, including, but not limited
to, funds resulting from usage of garages or washing machines, and
any other funds collected as a result of extra surcharges imposed
by the landlord. Gross Annual Income shall not include income derived
from any commercial or non-housing portions of the Dwelling.
Any renovation, preservation, replacement, or improvement
work which substantially adds to the value, or life, of a single Covered
Rental Unit, but does not include ordinary or routine repairs, or
maintenance, done to the Covered Rental Unit. Individual Rental Unit
Improvements shall include, but are not limited to, things in the
nature of replacing major appliances like a stove or a refrigerator,
replacing or installing fixtures, and installing cabinetry.
A landlord's recovered possession of a Rental Unit from
a Court of law under one of the causes enumerated in State law pursuant
to N.J.S.A. 2A:18-53 or N.J.S.A. 2A:18-61.1 et seq.
Any renovation, preservation, replacement, or improvement
work which substantially adds to the value, or life, of the entire
Dwelling or Covered Rental Units, but does not include ordinary or
routine repairs, or maintenance. The work must benefit more than one
Covered Rental Unit, not just a single Covered Rental Unit. Major
Capital Improvements shall include, but are not limited to, things
in the nature of installing or replacing a roof, boilers, HVAC systems
or units, plumbing, electrical wiring, security systems, community
laundry facilities, community recreation rooms or areas, or pools.
The Board's written statement explaining a Resolution
of the Board.
A tenant legally occupying a Covered Rental Unit.
(1) Tthe square feet of a Dwelling rented or offered for
rent for residential purposes to one or more tenants or family unit,
(2) fixtures contained within the designated square feet of the Dwelling,
and (3) furnishings provided by the landlord for use within the designated
square feet of the Dwelling.
A written document issued by the Board which decides a matter
that was put before the Board.
Bedrooms, living rooms, kitchens, and dining rooms. Any other
area in a Covered Rental Unit is not considered a room for the purposes
of this chapter.
Includes, without limitation: repairs; decorating and maintenance;
provision of light, heat, air conditioning, hot water, cold water,
telephone, and elevator service; privileges for use of common kitchen,
bath, or laundry facilities; privileges for use of common halls, corridors,
stairs, rooms, yards, or other common areas; maid, linen, janitorial,
garbage, or recycling services; privileges for the use of common parking
facilities; and any other benefit, privilege, or shared use of facilities
or fixtures granted to or permitted to be enjoyed by the tenant in
connection with the tenant's use or occupancy of their Rental
Unit.
Any Services for which the landlord and Rent-Controlled Tenant
have agreed the Rent-Controlled Tenant will pay for a separate or
specifically identifiable Surcharge.
An additional charge, fee, or payment paid by a Rent-Controlled
Tenant for something.
Includes Base Rent and all Surcharges authorized by this
chapter.
[1]
Editor's Note: Ord. No. O-22-43 extended the provisions
of the Rent Control chapter from January 1, 2023 to December 31, 2023.
[Added 7-19-2023 by Ord. No. O-23-31]
All rents for Covered Rental Units are hereby controlled at
the Base Rent in effect for such Covered Rental Units at the time
of adoption of this chapter, and no rent increases or surcharges shall
be hereinafter demanded or paid except as authorized by this chapter.
All previously approved rent increases and surcharges in effect
at the time of adoption of this chapter shall remain in effect and
subject to the provisions of this chapter as if the existing rent
increase or surcharge had been approved and effective under this current
chapter.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Composition of the Board. There is hereby created a Rent Control
Board ("Board") to administer this chapter. The Board shall consist
of seven Board Members: five core members and two alternate members.
b.
Appointment. Each Board Member shall be appointed by the Mayor with
the consent of the Municipal Council.
c.
Oath. An appointed Board Member shall take the following oath: "I
do solemnly swear (or affirm) that I am duly qualified, according
to the constitution of this state, to exercise the duties of a Member
of the Rent Control Board to which I have been appointed; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will, to the best of my ability, faithfully
discharge the duties of Board Member. So help me God."
d.
Term of Office. Board Members shall serve for a term of three years,
and until their successors are appointed and qualified.
e.
Vacancy on Board. If a permanent vacancy should occur among the core
members of the Board, then the Mayor, with consent of the Municipal
Council, may appoint either of the alternate members or a new member
to fill the unexpired term of the core member.
f.
Compensation. Board Members shall serve without compensation.
g.
Reimbursement for Reasonable Educational Expenses. Board Members
shall be allowed reimbursement of reasonable expenses incurred to
attend educational programs to maintain or obtain knowledge required
to serve as an effective Board Member, which shall include, but is
not limited to, attending conferences, lectures, or seminars on the
topic of rent control. In order to qualify for reimbursement, Board
Members must obtain prior approval from the Mayor and Council to attend
the educational program, which approval shall indicate the Board Members
permitted to attend, the particular educational program that will
be reimbursed, and the amount up to which each Board Member will be
reimbursed.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Chairperson of the Board. At the first Board meeting of the calendar
year, the Board, by a majority vote of Core Members, shall elect from
their number a Chairperson of the Board who shall preside at all of
its meetings. The Chairperson of the Board shall hold office for one
year and until the first Board meeting of the subsequent calendar
year. The Chairperson of the Board shall have the right to debate
and vote on all questions before the Board. If the Board, at its first
meeting of the calendar year, fails to elect a Chairperson of the
Board, the Mayor shall appoint a Chairperson of the Board, and in
that case, no confirmation by the Board shall be necessary. A Chairperson
may be removed from their position by a majority vote of Core Members.
b.
Vice-Chairperson of the Board. At the first Board meeting of the
calendar year, the Board, by a majority vote, shall elect from their
number a Vice-Chairperson of the Board who shall preside at all of
its meetings when the Chairperson of the Board does not preside. The
Vice-Chairperson of the Board shall hold office for one year and until
the first Board meeting of the subsequent calendar year. The Vice-Chairperson
of the Board shall have the right to debate and vote on all questions
before the Board. If the Board, at its first meeting of the calendar
year, fails to elect a Vice-Chairperson of the Board, the Mayor shall
appoint a Vice-Chairperson of the Board, and in that case, no confirmation
by the Board shall be necessary. A Vice-Chairperson may be removed
from their position by a majority vote of Core Members.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Quorum. A minimum of three Board Members must be in attendance in
order for the Board to hold a meeting, or a hearing.
b.
Presence at Board Meetings. All Board Members shall be entitled to
attend, and sit in on, any meeting of, or hearing before, the Board.
c.
Participation and Voting at Board Meetings. All five core members
may participate and vote at any meeting of, or hearing before, the
Board. Alternate members are generally non-participatory and non-voting,
except when a core member is absent on the day that a matter is being
determined or recuses themselves from a matter, in which case an alternate
member who has attended the full hearing or hearings on a specific
matter may participate, and vote on that matter, in lieu of the absent
or recused core member.
d.
Formal Action. In order for any formal action to be taken by the
Board, the majority of voting Board Members present must vote in the
affirmative.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
No individual shall be permitted to serve as a core member or alternate
member of the Board if the individual is a landlord or tenant subject
to the provisions of this chapter, or if the individual has an immediate
family member who is a landlord or tenant subject to the provisions
of this chapter; or if the individual has a financial interest in
a Dwelling subject to the provisions of this chapter.
b.
A core member or alternate member of the Board shall recuse themselves
from participating in any way in any determinations, hearings, complaints,
applications, or other matters brought before the Board or the Rent
Control Office relating to a Dwelling in which the member resides,
which includes that the member shall not speak on such matters at
any Board meeting or hearing, shall not question or participate directly
or indirectly in questioning a witness at a meeting or hearing, shall
not speak with other Board members or the Rent Control Office about
any matters from which they must recuse themselves, and may not vote
on such matters.
[Added 7-19-2023 by Ord. No. O-23-31]
The Board 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 chapter,
including but not limited to the following:
a.
To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this chapter, which shall have the force
of law until revised, repealed, or amended from time to time by the
Board in the exercise of its discretion, providing that such rules
or regulations are filed with the City Clerk.
b.
To hold hearings and adjudicate applications from landlords for Hardship
Surcharges, Major Capital Improvement Surcharges, and Individual Rental
Unit Improvement Surcharges, in accordance with the provisions of
this chapter.
c.
To hold hearings and adjudicate complaints from Rent-Controlled Tenants
for invalid rent increases or invalid surcharges in accordance with
the provisions of this chapter.
d.
To hold hearings and adjudicate complaints from Rent-Controlled Tenants
alleging that their landlord has failed to pay money owed according
to a Board Decision in accordance with the provisions of this chapter.
e.
To hold hearings and adjudicate applications from Rent-Controlled
Tenants for reduced rent in accordance with the provisions of this
chapter.
f.
To hold hearings and adjudicate complaints brought sua sponte by
the Board against a landlord to determine the validity of rent increases
or surcharges.
g.
To hold hearings and adjudicate applications from landlords seeking
exemption from this chapter.
h.
To hold hearings and adjudicate complaints from tenants seeking a
determination that an individual is a rent-controlled tenant.
j.
To issue subpoenas requiring the production of witnesses and documents,
and to take testimony and swear in witnesses in the execution of the
Board's powers and duties.
k.
To enact Resolutions and, if necessary, issue Opinions regarding
the various or random applications and matters that may be submitted
or brought before the Board from time to time for consideration or
adjudication.
|
At all hearings pursuant to Section 16-3.5b-f, the Board shall
give both the landlord and the Rent-Controlled Tenant(s) reasonable
opportunity to be heard before making any Decision, except that in
cases regarding multiple Covered Rental Units with one similar application,
issue, or complaint, the Board, in its discretion, may limit repetitious
testimony or ask that a spokesperson for the affected Rent-Controlled
Tenants be appointed by a majority of the affected Rent-Controlled
Tenants looking to be heard by the Board.
|
[Added 7-19-2023 by Ord. No. O-23-31]
Both core and alternate Board members may be removed from office
by the Mayor, at the Mayor's discretion, upon written notice
of a violation of duty arising out of the commission by the Board
member of any of the following infractions: inefficiency, negligence
of duties, or malfeasance.
[Added 7-19-2023 by Ord. No. O-23-31]
The Board shall have a Rent Control Office and such staff working
in the Rent Control Office, including a Rent Regulation Officer and
Rent Control Board Secretary, as may be necessary to perform the Board's
functions and duties including, but not limited to:
a.
To supply non-legal information and assistance to landlords and Rent-Controlled
Tenants to help them comply with the provisions of this chapter.
b.
To keep an accurate record of the procedures of the Board and enter
the same upon the minutes.
c.
To create and amend applications, forms, and procedures necessary
to implement the purposes of this chapter.
d.
To receive all completed applications and complaints from landlords
and Rent-Controlled Tenants and process the same for determination
by the Board.
e.
To adjudicate Applications for CPI Increase and Applications for
Permanent Decontrol in accordance with the provisions of this chapter.
[Added 7-19-2023 by Ord. No. O-23-31]
On or before December 1 of every year, all landlords of a Dwelling
that includes any Covered Rent Units must file a completed Registry
of Rent-Controlled Tenants with the Rent Control Office. All landlords
must provide the completed Registry of Rent-Controlled Tenants to
all tenants listed in the Registry.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application.
1.
For Rent-Controlled Tenants with a lease term of less than one year,
a landlord may be allowed a CPI Increase in rent based on changes
to the cost-of-living every year. A landlord shall be permitted to
apply to the Office for a CPI Increase by submitting a complete and
proper Application for CPI Increase to the Rent Control Office.
2.
For Rent-Controlled Tenants with a lease term of one year or more,
a landlord may be allowed a CPI Increase in rent based on changes
to the cost-of-living at the expiration of every lease term. A landlord
shall be permitted to apply to the Office for a CPI Increase by submitting
an Application for CPI Increase to the Rent Control Office.
b.
Rent Control Office Review. The Rent Control Office shall review
the Application for CPI Increase to determine if the application is
complete and proper. Once the Rent Control Office has reviewed the
Application for CPI Increase and determined that it is complete and
proper, the Rent Control Office shall stamp the application to indicate
that it is complete.
c.
Decision by the Rent Control Office. Within 15 days after the Rent
Control Office stamped the completed Application for CPI Increase,
the Rent Control Office shall decide whether to deny or approve of
the Application for CPI Increase.
1.
If the Rent Control Office decides to approve the Application for
CPI Increase, the Rent Control Office shall: (1) stamp the Application
for CPI Increase to indicate that it is approved; (2) determine, and
indicate on the approved Application for CPI Increase, the appropriate
CPI Increase per Covered Rental Unit based on the last reported CPI
Percentage two months prior to the date the Rent Control Office determined
that the application for CPI was complete and proper pursuant to paragraph
c. If that CPI Percentage is greater than 5.5%, then the Rent Control
Office shall cap the Covered Rental Unit's CPI Increase at 5.5%
of the Covered Rental Unit's current Base Rent; (3) fix the date
upon which the CPI Increase shall take effect, in accordance with
State Statutes, which date shall be no sooner than one year from the
expiration of the most recent CPI Increase; and (4) notify the landlord
of the application's approved status by providing the landlord
with an exact copy of the stamped approved application and a Notice
of Approval of CPI Increase that indicates therein the amount of the
approved CPI Increase for the Rent-Controlled Unit and the date that
the CPI Increase is to take effect.
2.
If the Rent Control Office decides to deny the Application for CPI
Increase, the Rent Control Office shall stamp the Application for
CPI Increase to indicate that it is denied and provide a Notice of
Denial to the landlord explaining the reason(s) for the denial. If
an Application for CPI Increase is denied and the landlord is able
to correct the issues that the Rent Control Office explained were
the reasons for denial of the Application, the landlord may submit
a new Application for CPI Increase that corrects the issues.
d.
Notice to Rent-Controlled Tenant(s) of Approved Application. Within
10 days after receipt by the landlord of a copy of the stamped approved
Application for CPI Increase and a Notice of Approval of CPI Increase,
the landlord shall, by registered or certified mail return receipt
requested or by personal service with a sworn affidavit of service,
notify the applicable Rent-Controlled Tenants of the Application for
CPI Increase's approval by providing each Rent-Controlled Tenant
subject to the CPI Increase with exact copies of both the stamped
approved Application for CPI Increase and the Notice of Approval of
CPI Increase.
e.
Notifying Rent Control Office After Notice of Approved Application
Has Been Given. Within 14 days after the landlord has finished providing
notice in accordance with paragraph e above, the landlord shall submit
a Notice Log to the Rent Control Office confirming said notice has
been provided to the Rent-Controlled Tenants.
f.
Collection of CPI Increase. A landlord shall not collect any CPI
Increase from a Rent-Controlled Tenant, and a Rent-Controlled Tenant's
obligation to pay an approved CPI Increase shall not accrue, until
the effective date of the CPI Increase stated on the Notice of Approval
of CPI Increase.
g.
Incorporation into Base Rent. Provided that the landlord's Notice
Log indicates that the appropriate Rent-Controlled Tenant(s) has received
the Notice of Approval of CPI Increase that is required by paragraph
e above, the CPI Increase shall be deemed to be part of the Base Rent
on the effective date of the CPI Increase stated in the Notice of
Approval of CPI Increase.
h.
Withdrawal of Approval of CPI Increase. An approved CPI Increase
may be declared void and ineffective where the Rent Control Office
finds that the landlord has failed to comply with the provisions of
either paragraph e and/or paragraph f.
i.
Prohibition on Future Increases. No landlord shall be permitted to apply for, or collect, a CPI Increase under this chapter if the Board has determined pursuant to Section 16-7 that the landlord has not repaid invalid rents or surcharges due or owing to the Rent-Controlled Tenant(s) in accordance with a Board Resolution and/or related Opinion. Only when all such payments due and owing are paid in full may the landlord apply for, or collect, a CPI Increase.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application. For all Dwellings containing Covered Rental Units, a
landlord may apply to the Board for a twelve-month surcharge based
on financial hardship experienced within a twelve-month period ending
one month before the filing of the Application for Hardship Surcharge,
by submitting a complete and proper Application for Hardship Surcharge
to the Rent Control Office. No documentation in support of the Application
for Hardship Surcharge will be considered by the Board if it has not
been submitted by the landlord with the Application for a Hardship
Surcharge or is not submitted to the Rent Control Office before the
Rent Control Office issues a Notice of Completed Application and Hearing
pursuant to paragraph c.
b.
Calculation of Allowable Surcharge.
1.
Calculation of the Hardship Surcharge amount per Covered Rental Unit
shall be predicated on the particular financial information and documentation
in the landlord's Application for Hardship Surcharge relating
to Gross Annual Income, Annual Operating Expenses, initial investment,
and assessed fair market value of the property where the Dwelling
is located and shall be based on the formula set forth in paragraph
2 below.
2.
To qualify for a hardship surcharge, the landlord must prove that
the Dwelling meets a minimum threshold requirement, namely, having
the Dwelling's Annual Operating Expenses exceed 60% of the Dwelling's
Gross Annual Income:
[Operating Expenses] must be greater than [Gross Annual Income x 0.60]
3.
If the landlord meets the threshold set forth above in b(ii), then
the amount of allowable monthly Hardship Surcharge per Covered Rental
Unit shall be calculated using the two-step process:
 |
4.
For purposes of calculating Hardship Surcharge pursuant to the formula set forth in subsection 2 above, for Dwellings containing 50 or more Rental Units, the Gross Annual Income and Annual Operating Expenses reported in the Application for Hardship Surcharge must be certified by a certified public accountant if requested by the Board. Any Hardship Surcharge approved by the Board shall be apportioned equally among each Rental Unit in the Dwelling, including Covered Rental Units and non-Covered Rental Units. However, only payment of Hardship Surcharge by Rent-Controlled Tenants is mandated by this chapter.
c.
Rent Control Office Review. The Rent Control Office shall review
the Application for Hardship Surcharge to determine if the application
is complete and proper. Once the Rent Control Office has determined
that the Application for Hardship Surcharge is complete and proper,
the Rent Control Office shall: (1) stamp the application to indicate
that it is complete, (2) set a hearing date for when the Application
for Hardship Surcharge will be considered by the Board, and (3) notify
the landlord of the Application's complete and proper status
by providing the landlord with an exact copy of the stamped complete
Application for Hardship Surcharge and a Notice of Completed Application
and Hearing that has the hearing date indicated therein and includes
language indicating that Rent-Controlled Tenants have a right to file
an opposition to the Application for Hardship Surcharge.
d.
Notice to Rent-Controlled Tenants of Application. Within 10 days
after receipt by the landlord of the stamped complete copy of the
Application for Hardship Surcharge and Notice of Completed Application
and Hearing, the landlord shall notify the Rent-Controlled Tenant
of the application's complete and proper status by providing
all Rent-Controlled Tenant in the Dwelling with exact copies of both
by registered or certified mail return receipt requested or by personal
service with a sworn affidavit of service.
e.
Informing the Rent Control Office that Tenant Notice Has Been Given.
After notice has been given by the landlord to the Rent-Controlled
Tenants pursuant to paragraph d above the landlord shall provide the
Rent Control Office with a Notice Log to confirm that the notice required
by paragraph d above has been sent to all Rent-Controlled Tenants
in the Dwelling. Landlord must provide the Rent Control Office with
this Notice Log no later than 30 days prior to the hearing.
f.
Opposition to the Application. No later than 20 days prior to the
hearing date, the Rent-Controlled Tenants must submit written opposition,
including copies of any and all supporting documentation, if any,
to the Rent Control Office for the Board's consideration at the
hearing. The Rent Control Office will make the written opposition
available to the landlord for copying and inspection.
g.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenants must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenants' list of witnesses
available for copying and inspection.
h.
Hearing. Provided that the Rent Control Office has determined that
the landlord's Notice Log indicates that all of the Rent-Controlled
Tenants in the Dwelling have received satisfactory notice of the Application
for Hardship Surcharge in accordance with paragraph d above, the Board
may proceed to consider the merits of the Application on the date
the matter is scheduled for hearing. At the hearing, the Board shall
give both the landlord and the Rent-Controlled Tenants an opportunity
to present their case, which shall consist of presenting evidence,
calling witnesses, and the like. No submissions or evidence will be
considered by the Board other than those provided to the Rent Control
Office in accordance with paragraphs f and g above. The only exception
to this rule is when the Board, itself, requests specific additional
submissions or evidence in order to reach a decision on the matter,
which then, in order to be considered by the Board, must be provided
to the Rent Control Office as directed by the Board.
i.
Decision by Board. Within 60 days of the completion of the hearing
for the Application for Hardship Surcharge, the Board shall determine
whether to approve or deny the Application for Hardship Surcharge,
enact a Resolution accordingly, and issue a written Opinion, if necessary.
In the event that the Application for Hardship Surcharge indicates
that the landlord is not receiving a fair net operating income, the
Board shall approve the Application for Hardship Surcharge and adopt
an appropriate Resolution, and where the Board may deem it necessary,
issue an Opinion. The Rent Control Office shall then notify the landlord
of the application's approved status by providing the landlord
with: (1) an exact copy of the Board's Resolution and Opinion,
if any, (2) a Notice of Approval of Application, which indicates therein
the amount of the Hardship Surcharge and effective date of the Hardship
Surcharge fixed by the Board in accordance with State Statutes, and
(3) exact copy of the Application for Hardship Surcharge stamped to
indicate that it has been approved. In the event the Application for
Hardship Surcharge is denied, the Rent Control Office shall then notify
the landlord of the application's denied status by providing
the landlord with: (1) an exact copy of the Board's Resolution
and Opinion, if any, and (2) a Notice of Denial of Application, which
indicates therein the reasons for denial.
j.
Notice to Rent-Controlled Tenants of Board's Decision. Within
10 days after receipt by the landlord of copies of either the Board's
Resolution and Opinion, if any, Notice of Approval of Application,
and stamped approved copy of the Application for Hardship Surcharge,
or the Board's Resolution and Opinion and Notice of Denial of
Application, the landlord shall notify the Rent-Controlled Tenants
of the Board's Decision by providing exact copies of the same
to all Rent-Controlled Tenants in the Dwelling by registered or certified
mail return receipt requested or by personal service with a sworn
affidavit of service.
k.
Notifying Rent Control Office After Notice Has Been Given. Within
14 days after the landlord has finished providing notice in accordance
with paragraph j above, the landlord shall submit an additional Notice
Log to the Rent Control Office confirming said notice has been provided
to the Rent-Controlled Tenants.
l.
Lack of Incorporation into Base Rent. No Hardship Surcharge allowed
by the Board is to be deemed to be part of the Base Rent, nor shall
any such Hardship Surcharges be used to calculate future CPI Increases.
m.
Withdrawal of Approval of Hardship Surcharge. An approved Hardship
Surcharge may be declared void and ineffective where the Rent Control
Office finds that the landlord has failed to comply with the provisions
of either paragraph j and/or paragraph k.
n.
Prohibition on Future Surcharges. No landlord shall be permitted to apply for, or collect, a Hardship Surcharge under this chapter if the Board has determined pursuant to Section 16-7 that the landlord has not repaid invalid rents or surcharges due or owing to Rent-Controlled Tenant(s) in accordance with a Board Resolution and/or related Opinion. Only when all such payments due and owing are paid in full may the landlord apply for, or collect, a Hardship Surcharge.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application. A landlord may apply to the Board for a surcharge based
on the cost of conducting Major Capital Improvements within one year
from the date of completion of the Major Capital Improvement work
that is the subject of the application by submitting a complete and
proper Application for a Major Capital Improvement Increase to the
Rent Control Office. No increase shall be permitted for Major Capital
Improvements completed more than 12 months prior to the date the Application
is submitted to the Board unless the landlord establishes to the Board
good cause for the landlord's delay in applying for the surcharge.
The Application for a Major Capital Improvement Surcharge shall itemize
each expense included as part of the landlord's cost of the Major
Capital Improvement with sufficient detail for the Board to confirm
that the expense was incurred specifically as part of the Major Capital
Improvement work, and the landlord shall all submit proofs of payment
of each such expense that is included in the landlord's Application
for a Major Capital Improvement Surcharge. No documentation in support
of the Application for a Major Capital Improvement Surcharge will
be considered by the Board if it has not been submitted by the landlord
with the Application for a Major Capital Improvement Surcharge or
is not submitted to the Rent Control Office before the Rent Control
Office issues a Notice of Completed Application and Hearing pursuant
to paragraph b.
b.
Rent Control Office Review. The Rent Control Office shall review
the Application for a Major Capital Improvement Surcharge to determine
if the application is complete and proper. Once the Rent Control Office
has reviewed the Application for a Major Capital Improvement Surcharge
and determined that it is complete and proper, the Rent Control Office
shall: (1) stamp the application indicating that it is complete, (2)
set a hearing date for when the Application for a Major Capital Improvement
Surcharge will be considered by the Board, and (3) and notify the
landlord of the application's complete and proper status by providing
the landlord with an exact copy of Application for a Major Capital
Improvement Surcharge that is stamped complete and a Notice of Completed
Application and Hearing that has the hearing date indicated therein
and includes language indicating that Rent-Controlled Tenants have
a right to file an opposition to the Application for Major Capital
Improvement Surcharge.
c.
Notice to Rent-Controlled Tenants of Application. Within 10 days
after receipt by the landlord of the stamped complete copy of the
Application for a Major Capital Improvement Surcharge and Notice of
Completed Application and Hearing, the landlord shall notify the Rent-Controlled
Tenants of application's complete and proper status by providing
the appropriate Rent-Controlled Tenants with exact copies of both
by registered or certified mail return receipt requested or by personal
service with a sworn affidavit of service.
d.
Informing the Rent Control Office that Tenant Notice Has Been Given.
After notice has been given by the landlord to the Rent-Controlled
Tenants pursuant to paragraph c above, the landlord shall provide
the Rent Control Office with a Notice Log to confirm that the notice
required by paragraph c above has been sent to all Rent-Controlled
Tenants entitled to such notice. Landlord must provide the Rent Control
Office with this Notice Log no later than 30 days prior to the hearing.
e.
Opposition to the Application. No later than 20 days prior to the
hearing date, the Rent-Controlled Tenants must submit written opposition,
including copies of any and all supporting documentation, if any,
to the Rent Control Office for the Board's consideration at the
hearing. The Rent Control Office will make the written opposition
available to the landlord for copying and inspection.
f.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenants must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenants' list of witnesses
available for copying and inspection.
g.
Hearing. Provided that the Rent Control Office has determined that
the landlord's Notice Log indicates that the appropriate Rent-Controlled
Tenants have received satisfactory notice of the Application for a
Major Capital Improvement Surcharge in accordance with paragraph c
above, the Board may proceed to consider the merits of the Application
on the date the matter is scheduled for hearing. At the hearing, the
Board shall give both the landlord and the Rent-Controlled Tenants
an opportunity to present their case, which shall consist of presenting
evidence, calling witnesses, and the like. No submissions or evidence
will be considered by the Board other than those provided to the Rent
Control Office in accordance with paragraphs e and f above. The only
exception to this rule is when the Board, itself, requests specific
additional submissions or evidence in order to reach a decision on
the matter, which then, in order to be considered by the Board, must
be provided to the Rent Control Office as directed by the Board.
h.
Decision by Board. Decision by Board. Within 60 days of the completion
of a hearing for the Application for a Major Capital Improvement Surcharge,
the Board shall determine whether to approve or deny the Application
for Major Capital Improvement Surcharge, enact a Resolution accordingly,
and issue a written Opinion, if necessary. The Rent Control Office
shall then notify the landlord of the application's approved
status by providing the landlord with (1) an exact copy of the Board's
Resolution, (2) an exact copy of the Application for a Major Capital
Improvement Surcharge that is stamped to indicate that it has been
approved, and (3) a Notice of Approval of Application indicates therein
the amount of the approved Major Capital Improvement Surcharge and
effective date of the Major Capital Improvement Surcharge fixed by
the Board in accordance with State Statutes. In the event the Application
for a Major Capital Improvement Surcharge is denied, the Rent Control
Office shall then notify the landlord of the application's denied
status by providing the landlord with: (1) an exact copy of the Board's
Resolution and Opinion, if any, and (2) a Notice of Denial of Application,
which indicates therein the reasons for denial.
i.
Maximum Amount of Major Capital Improvement Surcharge Allowed. The
total amount of all Major Capital Improvement and Individual Rental
Unit Improvement Surcharges charged against a Rent-Controlled Unit
at any given time shall be no more than 20% of the Rent-Controlled
Unit's monthly Base Rent, and the Board shall adjust the amount
of Major Capital Improvement Surcharge approved for any one Major
Capital Improvement Application accordingly.
j.
Notice to Rent-Controlled Tenants of Board's Decision. Within
10 days after receipt by the landlord of copies of either the Board's
Resolution, Notice of Approval of Application, and stamped approved
copy of the Application for a Major Capital Improvement Surcharge,
or the Board's Resolution and Opinion and Notice of Denial of
Application, the landlord shall notify the Rent-Controlled Tenants
of the Board's Decision by providing them with exact copies of
the same to all Rent-Controlled Tenants entitled to such notice by
registered or certified mail return receipt requested or by personal
service with a sworn affidavit of service.
k.
Notifying Rent Control Office After Notice Has Been Given. Within
14 days after the landlord has finished providing notice in accordance
with paragraph j above, the landlord shall submit an additional Notice
Log to the Rent Control Office confirming said notice has been provided
to the Rent-Controlled Tenants.
l.
Lack of Incorporation into Base Rent. No Major Capital Improvement
Surcharge allowed by the Board is to be deemed to be part of the Base
Rent, nor shall any such Major Capital Improvement Surcharges be used
to calculate future CPI Increases.
m.
Withdrawal of Approval of a Major Capital Improvement Surcharge.
An approved Major Capital Improvement Surcharge may be declared void
and ineffective where the Rent Control Office finds that the landlord
has failed to comply with the provisions of either paragraph j and/or
paragraph k.
n.
Prohibition on Future Surcharges. No landlord shall be permitted to apply for, or collect, a Major Capital Improvement Surcharge under this chapter if the Board has determined pursuant to Section 16-7 that the landlord has not repaid invalid rents or surcharges due or owing to Rent-Controlled Tenant(s) in accordance with a Board Resolution and/or related Opinion. Only when all such payments due and owing are paid in full may the landlord apply for, or collect, a Major Capital Improvement Surcharge.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application. A landlord may apply to the Board for a surcharge based
on the cost of conducting Individual Rental Unit Improvements within
one year from the date of the application by submitting a complete
and proper Application for an Individual Rental Unit Improvement Surcharge
the Rent Control Office. No increase shall be permitted for Individual
Rental Unit Improvements completed more than 12 months prior to the
date the Application is submitted to the Board unless the landlord
establishes to the Board good cause for the landlord's delay
in applying for the surcharge. The Application for an Individual Rental
Unit Improvement Surcharge shall itemize each expense included as
part of the landlord's cost of the Individual Rental Unit Improvement
with sufficient detail for the Board to confirm that the expense was
incurred specifically as part of the Individual Rental Unit Improvement
work, and the landlord shall submit all proofs of payment of each
such expense that is included in the landlord's Application for
an Individual Rental Unit Improvement Surcharge. No documentation
in support of the Application for an Individual Rental Unit Improvement
Surcharge will be considered by the Board if it has not been submitted
by the landlord with the Application for an Individual Rental Unit
Improvement or is not submitted to the Rent Control Office before
the Rent Control Office issues a Notice of Completed Application pursuant
to paragraph b.
b.
Rent Control Office Review. The Rent Control Office shall review
the Application for an Individual Rental Unit Improvement Surcharge
to determine if the application is complete and proper. Once the Rent
Control Office has reviewed the Application for an Individual Rental
Unit Improvement Surcharge and determined that it is complete and
proper, the Rent Control Office shall: (1) stamp the application to
indicate that it is complete, (2) set a hearing date for when the
Application for an Individual Rental Unit Improvement Surcharge will
be considered by the Board, and (3) notify the landlord of the application's
complete and proper status by providing the landlord with an exact
copy of Application for an Individual Rental Unit Improvement Surcharge
that is stamped complete and a Notice of Completed Application and
Hearing that has the hearing date indicated therein and includes language
indicating that the Rent-Controlled Tenant has a right to file an
opposition to the Application for an Individual Rental Unit Improvement
Surcharge.
c.
Notice to Rent-Controlled Tenant of Application. Within 10 days after
receipt by the landlord of the stamped complete copy of the Application
for an Individual Rental Unit Improvement Surcharge and Notice of
Completed Application and Hearing, the landlord shall notify the Rent-Controlled
Tenant of the application's complete and proper status by providing
the Rent-Controlled Tenant(s) whose Covered Rental Unit is the subject
of the Application for an Individual Rental Unit Improvement Surcharge
with exact copies of both by registered or certified mail return receipt
requested or by personal service with a sworn affidavit of service.
d.
Informing the Rent Control Office that Tenant Notice Has Been Given.
After notice has been given by the landlord to the Rent-Controlled
Tenant pursuant to paragraph c above the landlord shall provide the
Rent Control Office with a Notice Log to confirm that the notice required
by paragraph c above has been sent to the Rent-Controlled Tenants
entitled to such notice. Landlord must provide the Rent Control Office
with this Notice Log no later than 30 days prior to the hearing.
e.
Opposition to the Application. No later than 20 days prior to the
hearing date, the Rent-Controlled Tenant must submit written opposition,
including copies of any and all supporting documentation, if any,
to the Rent Control Office for the Board's consideration at the
hearing. The Rent Control Office will make the written opposition
available to the landlord for copying and inspection.
f.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenant must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenant's list of witnesses
available for copying and inspection.
g.
Hearing. Provided that the Rent Control Office has determined that
the landlord's Notice Log indicates that the Rent-Controlled
Tenant has received satisfactory notice of the Application for an
Individual Rental Unit Improvement Surcharge in accordance with paragraph
c above, the Board may proceed to consider the merits of the Application
on the date the matter is scheduled for hearing. At the hearing, the
Board shall give both the landlord and the Rent-Controlled Tenant
an opportunity to present their case, which shall consist of presenting
evidence, calling witnesses, and the like. No submissions or evidence
will be considered by the Board other than those provided to the Rent
Control Office in accordance with paragraphs e and f above. The only
exception to this rule is when the Board, itself, requests specific
additional submissions or evidence in order to reach a decision on
the matter, which then, in order to be considered by the Board, must
be provided to the Rent Control Office as directed by the Board.
h.
Decision by Board. Within 60 days of the completion of a hearing
for the Application for an Individual Rental Unit Improvement Surcharge,
the Board shall determine whether to approve or deny the Application
for an Individual Rental Unit Improvement Surcharge, enact a Resolution
accordingly, and issue a written Opinion, if necessary. The Rent Control
Office shall then notify the landlord of the application's approved
status by providing the landlord with: (1) an exact copy of the Board's
Resolution, (2) an exact copy of the Application for an Individual
Rental Unit Improvement Surcharge that is stamped to indicate that
is has been approved, and (3) a Notice of Approval of Application
which indicates therein the amount of the approved Individual Rental
Unit Improvement Surcharge and effective date of the Individual Rental
Unit Improvement Surcharge fixed by the Board in accordance with State
Statutes. In the event the Application for an Individual Rental Unit
Improvement Surcharge is denied, the Rent Control Office shall then
notify the landlord of the application's denied status by providing
the landlord with: (1) an exact copy of the Board's Resolution
and Opinion, if any, and (2) a Notice of Denial of Application, which
indicates therein the reasons for denial.
i.
Maximum Amount of Individual Rental Unit Improvement Surcharge Allowed.
The total amount of all Major Capital Improvement and Individual Rental
Unit Improvement Surcharges charged against a Rent-Controlled Unit
at any given time shall be no more than 20% of the Rent-Controlled
Unit's monthly Base Rent, and the Board shall adjust the amount
of Individual Rental Unit Improvement Surcharge approved for any one
Individual Rental Unit Improvement Application accordingly.
j.
Notice to Rent-Controlled Tenant of Board's Decision. Within
10 days after receipt by the landlord of copies of either the Board's
Resolution, Notice of Approval of Application, and stamped approved
copy of the Application for an Individual Rental Unit Improvement
Surcharge, or the Board's Resolution and Opinion and Notice of
Denial of Application, the landlord shall notify the Rent-Controlled
Tenant of the Board's decision by providing exact copies of the
same to the Rent-Controlled Tenant by registered or certified mail
return receipt requested or by personal service with a sworn affidavit
of service.
k.
Notifying Rent Control Office After Notice Has Been Given. Within
14 days after the landlord has finished providing notice in accordance
with paragraph j above, the landlord shall submit an additional Notice
Log to the Rent Control Office confirming said notice has been provided
to the Rent-Controlled Tenants.
l.
Lack of Incorporation into Base Rent. No Individual Rental Unit Improvement
Surcharge allowed by the Board is to be deemed to be part of the Base
Rent, nor shall any such Individual Rental Unit Improvement Surcharge
be used to calculate future CPI Increases.
m.
Withdrawal of Approval of an Individual Rental Unit Improvement Surcharge.
An approved Individual Rental Unit Improvement Surcharge may be declared
void and ineffective where the Rent Control Office finds that the
landlord has failed to comply with the provisions of either paragraph
j and/or paragraph k.
n.
Prohibition on Future Surcharges. No landlord shall be permitted to apply for, or collect, an Individual Rental Unit Improvement Surcharge under this chapter if the Board has determined pursuant to Section 16-7 that the landlord has not repaid invalid rents or surcharges due or owing to Rent-Controlled Tenant(s) in accordance with a Board Resolution and/or related Opinion. Only when all such payments due and owing are paid in full may the landlord apply for, or collect, an Individual Rental Unit Improvement Surcharge.
[Added 7-19-2023 by Ord. No. O-23-31]
Where not otherwise prohibited by State law, if a Rent-Controlled
Tenant fails to pay their landlord the Total Approved Rent for the
use and the occupancy of their Covered Rental Unit, this chapter shall
permit a landlord to charge the Rent-Controlled Tenant a Late Rent
Surcharge, whether termed a late rental fee or interest on rent paid
late, of no more than $35.
[Added 7-19-2023 by Ord.
No. O-23-31]
This chapter shall permit a landlord to charge a Rent-Controlled
Tenant a Returned Check Surcharge of $35, if not otherwise prohibited
by State law.
[Added 7-19-2023 by Ord. No. O-23-31]
A landlord is unrestricted by this chapter from increasing the
Surcharge associated with a Supplemental Service.
[Added 7-19-2023 by Ord. No. O-23-31]
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Filing a Complaint. Any Rent-Controlled Tenant claiming that an invalid
rent increase or an invalid surcharge has been imposed must file a
complaint stating the provision of this chapter alleged to have been
violated by the landlord and the facts upon which the allegation is
based with the Rent Control Office no later than 18 months after making
the first payment of any alleged invalid rent or invalid surcharge
increase. All documentation that the Rent-Control Tenant intends to
rely upon in support of the complaint must be filed with the complaint.
No documentation in support of the complaint will be considered by
the Board if it has not been submitted with the complaint or is not
submitted to the Rent Control Office before the Rent Control Office
issues a Notice of Complaint and Hearing pursuant to paragraph c.
b.
Failure to File a Timely Complaint. Failure to file a complaint within
18 months after making the first payment of any alleged invalid rent
or invalid surcharge shall be deemed to mean that the Rent-Controlled
Tenant agrees to the rent increase or surcharge, and as a result,
the Board may find that a Rent-Controlled Tenant is barred from filing
a complaint about the same rent increase or surcharge, and is deemed
to have waived the right to object to the rent increase or surcharge,
absent a showing by the Rent-Controlled Tenant of reasonable excuse
for failing to timely file a complaint. So long as the Rent-Controlled
Tenant files a complaint within the eighteen-month time period, any
rent increase or surcharge payments made by the Rent-Controlled Tenant
to the landlord within 18 months shall not be construed as an agreement
by the Rent-Controlled Tenant to imposition of the increase or surcharge
or be deemed to be a waiver by the Rent-Controlled Tenant of their
right to file a complaint alleging the invalidity of that rent increase
or surcharge.
c.
Rent Control Office Review. Once the complaint has been filed with
the Rent Control Office, the Rent Control Office shall determine whether
the complaint is complete and proper, meaning whether the Rent-Controlled
Tenant has sufficiently stated a claim against the landlord for violating
a provision of this chapter and provided sufficient evidence supporting
the claim.
1.
If the Rent Control Office determines that the Rent-Controlled Tenant
has not sufficiently stated a claim, then the Rent Control Office
shall: (1) deny the complaint and stamp the complaint to indicate
that it is denied, and (2) provide a Notice of Denial to the Rent-Controlled
Tenant explaining the reason(s) for the denial.
2.
If the Rent Control Office determines that the Rent-Controlled Tenant
has sufficiently stated a claim, the Rent Control Office shall: (1)
stamp the complaint to indicate that it is complete, (2) set a hearing
date for when the complaint will be considered by the Board, and (3)
notify the Rent-Controlled Tenant and the landlord of the complaint's
complete and proper status by providing the Rent-Controlled Tenant
with an exact copy of the stamped complete complaint and by providing
the landlord with an exact copy of both the stamped complete complaint
and a Notice of Complaint and Hearing that has the hearing date indicated
therein and includes language indicating to the landlord that they
have a right to file an opposition to the complaint.
d.
Opposition to the Application. No later than 20 days prior to the
hearing date, the landlord must submit written opposition, including
copies of any and all supporting documentation, if any, to the Rent
Control Office for the Board's consideration at the hearing.
The Rent Control Office will make the written opposition available
to the Rent-Controlled Tenant for copying and inspection.
e.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenant must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenant's list of witnesses
available for copying and inspection.
f.
Hearing. At the hearing, the Board shall give both the landlord and
the Rent-Controlled Tenant an opportunity to present their case, which
shall consist of presenting evidence, calling witnesses, and the like.
No submissions or evidence will be considered by the Board other than
those provided to the Rent Control Office in accordance with paragraphs
d and e above. The only exception to this rule is when the Board,
itself, requests specific additional submissions or evidence in order
to reach a decision on the matter, which then, in order to be considered
by the Board, must be provided to the Rent Control Office as directed
by the Board.
g.
Decision by Board. Within 60 days of the completion of a hearing
for the complaint, the Board shall determine whether to approve or
deny the complaint, enact a Resolution accordingly, and issue a written
Opinion, if necessary. If the Board determines that the landlord imposed
an invalid rent increase or surcharge on the Rent-Controlled Tenant,
the Board shall deem that rent increase or surcharge void and order
a refund to that particular tenant in accordance with any terms and
deadline set by the Board. Where the evidence at the hearing establishes
that the landlord has imposed a similar invalid rent increase or surcharge
on other similarly situated Rent-Controlled Tenants in the Dwelling,
the Board may find that the landlord must also issue a refund to the
similarly situated Rent-Controlled Tenants in accordance with any
appropriate terms and deadline the Board's determines, which
shall then be included in the Board's Resolution and Opinion,
if any.
h.
Notice to Rent-Controlled Tenant and Landlord of Board's Decision.
After the Board has passed a Resolution determining the matter, the
Rent Control Office shall notify the Rent-Controlled Tenant and the
landlord of the Board's Decision by providing both the landlord
and the Rent-Controlled Tenant with exact copies of: (1) the Board's
Resolution, and Opinion, if any, (2) the Complaint stamped to indicate
that it is approved or denied, and (3) a Notice of Approved, or Denied,
Complaint.
[Added 7-19-2023 by Ord. No. O-23-31]
In the absence of the filing of a complaint pursuant to Section 16-6.2 above, upon receipt of reasonable evidence that a landlord has imposed an invalid rent increase or invalid surcharge, the Board may, within the purpose of this chapter, bring its own Complaint against a landlord to determine the validity of such rent increase or surcharge, in which case the provisions and procedures of Section 16-6.2c through h shall govern the manner for adjudicating the complaint.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Filing a Complaint. Where the landlord has not refunded money due
or payable to a Rent-Controlled Tenant(s) according to a Resolution
or written Opinion of the Board, the aggrieved Rent-Controlled Tenant(s)
shall be permitted to file a complaint with the Board for the purpose
of conducting a hearing to determine whether the landlord is in default
of any the deadlines or terms set forth in the Resolution or Opinion.
b.
Rent Control Office Review. Once the complaint has been filed with
the Rent Control Office, the Rent Control Office shall determine whether
the complaint is complete and proper, meaning whether the Rent-Controlled
Tenant has provided sufficient evidence supporting their claim that
their landlord has failed to pay money owed according to a Board Decision.
1.
If the Rent Control Office determines that the Rent-Controlled Tenant
has not sufficiently stated a claim, then the Rent Control Office
will outright deny the Rent-Controlled Tenant complaint and provide
a Notice of Denial to the Rent-Controlled Tenant explaining the reason(s)
for the denial.
2.
If the Rent Control Office determines that the Rent-Controlled Tenant
has sufficiently stated a claim, the Rent Control Office shall: (1)
stamp the complaint to indicate that it is complete, (2) set a hearing
date for when the complaint will be considered by the Board, and (3)
notify the Rent-Controlled Tenant of the complaint's complete
and proper status by providing the Rent-Controlled Tenant with an
exact copy of the stamped complete complaint and by providing the
landlord with an exact copy of both the stamped complete complaint
and a Notice of Complaint that has the hearing date indicated therein
and includes language indicating to the landlord that they have a
right to file an opposition to the complaint.
c.
Opposition to the Application. No later than 20 days prior to the
hearing date, the landlord must submit written opposition, including
copies of any and all supporting documentation, if any, to the Rent
Control Office for the Board's consideration at the hearing.
The Rent Control Office will make the written opposition available
to the complainant for copying and inspection.
d.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenant must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and complainant's list of witnesses available
for copying and inspection.
e.
Hearing. At the hearing, the Board shall give both the landlord and
the Rent-Controlled Tenant an opportunity to present their case, which
shall consist of presenting evidence, calling witnesses, and the like.
No submissions or evidence will be considered by the Board other than
those provided to the Rent Control Office in accordance with paragraphs
c and d above. The only exception to this rule is when the Board,
itself, requests specific additional submissions or evidence in order
to reach a decision on the matter, which then, in order to be considered
by the Board, must be provided to the Rent Control Office as directed
by the Board.
f.
Decision by Board. Within 60 days of the completion of a hearing
for the complaint, the Board shall determine whether to approve or
deny the complaint, enact a Resolution accordingly, and issue a written
Opinion, if necessary. If the Board determines that the landlord owes
the Rent-Controlled Tenant money according to a Board Decision, then
the Board shall approve the complaint. If the Board determines that
the landlord has paid all money owed to the Rent-Controlled Tenant,
then the Board shall deny the complaint.
g.
Notice to Complainant and Landlord of Board's Decision. After
the Board has passed a Resolution determining the matter, the Rent
Control Office shall notify the Rent-Controlled Tenant and the landlord
of the Board's Decision by providing the landlord and Rent-Controlled
Tenant with exact copies of: (1) the Board's Resolution, and
Opinion, if any, (2) the complaint stamped to indicate that it is
approved or denied, and (3) a Notice of Approved, or Denied, Complaint.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application. Any Rent-Controlled Tenant may apply to the Board for
a decrease in Base Rent based on the material reduction, or elimination,
of a Core Service by submitting an Application for Rent Reduction
with the Rent Control Office, which identifies the Core Service that
the Rent-Controlled Tenant contends has been materially reduced or
eliminated, explains why and how the Core Service has been materially
reduced or eliminated, and identifies the amount of rental decrease
the Rent-Controlled Tenant contends is appropriate. An Application
for Rent Reduction must be filed with the Rent Control no later than
18 months after the landlord materially reduces or eliminates the
Core Service. All documentation that the Rent-Control Tenant intends
to rely upon in support of the Application for Rent Reduction must
be filed with the Application for Rent Reduction. No documentation
in support of the Application for Rent Reduction will be considered
by the Board if it has not been submitted with the Application for
Rent Reduction or is not submitted to the Rent Control Office before
the Rent Control Office issues a Notice of Completed Application for
and Hearing pursuant to paragraph c.
b.
Failure to File a Timely Application. Failure to file an Application
for Rent Reduction within 18 months after the landlord materially
reduces or eliminates the Core Service shall be deemed to mean that
the Rent-Controlled Tenant agrees to the material reduction, or elimination,
of that particular Core Service. As a result, the Board may find that
a Rent-Controlled Tenant is barred from filing an Application for
Rent Reduction, and is deemed to have waived the right to object to
the reduction or elimination of that particular Core Service, absent
a showing by the Rent-Controlled Tenant of reasonable excuse for failing
to timely file an Application for Rent Reduction. So long as the Rent-Controlled
Tenant files an Application for Rent Reduction within eighteen-months
of the date that the landlord materially reduces or eliminates the
Core Service, any Base Rent payments made by the Rent-Controlled Tenant
to the landlord within the eighteen-month period shall not be construed
to be an agreement by the Rent-Controlled Tenant to the reduction
or elimination of the Core Service or a waiver of their right to file
an Application for Rent Reduction based on the material reduction,
or elimination, of that particular Core Service.
c.
Rent Control Office Review. The Rent Control Office shall review
the Application for Rent Reduction to determine if the application
is complete and proper. Once the Rent Control Office has determined
that the Application for Rent Reduction is complete and proper, the
Rent Control Office shall: (1) stamp the application to indicate that
it is complete, (2) set a hearing date for when the Application for
Rent Reduction will be considered by the Board, and (3) notify the
Rent-Controlled Tenant and the landlord of the application's
complete and proper status by providing the Rent-Controlled Tenant
with an exact copy of the stamped complete Application for Rent Reduction
and by providing the landlord with an exact copy of both the stamped
complete Application for Rent Reduction and a Notice of Completed
Application and Hearing that has the hearing date indicated therein
and includes language indicating to the landlord that they have a
right to file an opposition to the Application for Rent Reduction.
d.
Opposition to the Application. No later than 20 days prior to the
hearing date, the landlord must submit written opposition, including
any and all supporting documentation, if any, to the Rent Control
Office for the Board's consideration at the hearing. The Rent
Control Office will make the written opposition available to the Rent-Controlled
Tenant for copying and inspection.
e.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenant must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenant's list of witnesses
available for copying and inspection.
f.
Hearing. At the hearing, the Board shall give both the landlord and
the Rent-Controlled Tenant an opportunity to present their case, which
shall consist of presenting evidence, calling witnesses, and the like.
No submissions or evidence will be considered by the Board other than
those provided to the Rent Control Office in accordance with paragraphs
d and e above. The only exception to this rule is when the Board,
itself, requests specific additional submissions or evidence in order
to reach a decision on the matter, which then, in order to be considered
by the Board, must be provided to the Rent Control Office as directed
by the Board.
g.
The Board's Decision. Within 60 days of the completion of a
hearing for the Application for Rent Reduction, the Board shall determine
whether to approve or deny the Application for Rent Reduction, enact
a Resolution accordingly, and issue a written Opinion, if necessary.
If the Board determines that there has been a material reduction or
elimination in Core Services formerly provided by the landlord, the
Board shall equitably reduce the Rent-Controlled Tenant's Base
Rent to reflect such reduction or elimination, accounting for any
adjustments due to CPI Increases that were approved after the landlord
materially reduced or eliminated the Core Services. Where the evidence
at the hearing establishes that the landlord has imposed a similar
reduction or elimination in Core Services on other similarly situated
Rent-Controlled Tenants in the Dwelling, the Board may find that the
landlord must also issue a refund to the similarly situated Rent-Controlled
Tenants in accordance with any appropriate terms and deadline the
Board's determines, which shall then be included in the Board's
Resolution and Opinion, if any. Any rental reduction shall take effect
from the date the Resolution is passed by the Board. If the Board's
Resolution is retroactive, then the landlord shall refund to the Rent-Controlled
Tenant(s) any amounts the landlord was not authorized to collect.
The approved rent reduction shall be deemed to be the new Base Rent,
including, but not limited to, for purposes of subsequent rent increases.
h.
Notice to Rent-Controlled Tenant and Landlord of Board's Decision.
After the Board has passed a Resolution determining the matter, the
Rent Control Office shall notify the Rent-Controlled Tenant and the
landlord of the Board's Decision and provide the landlord and
the Rent-Controlled Tenant with exact copies of: (1) the Board's
Resolution, and Opinion, if any, (2) the Application for Rent Reduction
stamped to indicate that it is approved, or denied, and (3) a Notice
of Approved, or Denied, Application.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Permanent Decontrol. A Covered Rental Unit may become forever decontrolled
and no longer subject to the rental constraints of this chapter as
result of the voluntary vacancy or legal eviction of a Rent-Controlled
Tenant from a Covered Rental Unit. Once a Covered Rental Unit becomes
decontrolled, the tenant that used to occupy the unit is deemed to
be a former Rent-Controlled Tenant.
b.
Application. In order to obtain the Permanent Decontrol of a Covered
Rental Unit, a landlord must apply to the Board by submitting an Application
for Permanent Decontrol to the Rent Control Office. In the Application
for Permanent Decontrol, the landlord must provide the Board with
proof of the vacancy. In the case of a voluntary vacancy, the landlord
shall supply an affidavit from either the formerly vacated Rent-Controlled
Tenant, the superintendent, the landlord, or the new tenant, attesting
that the former tenant has vacated the Covered Rental Unit, or other
proof that the Board deems sufficient to establish with a reasonable
degree of certainty that the formerly vacated Rent-Controlled Tenant
has permanently vacated the Covered Rental Unit. In the case of a
legal eviction, the landlord shall supply the Board with a copy of
the Court Order or other legal decree of the Court evicting the Rent-Controlled
Tenant from the Covered Rental Unit. No documentation in support of
the Application for Permanent Decontrol will be considered by the
Board if it has not been submitted by the landlord with the Application
for Permanent Decontrol or is not submitted to the Rent Control Office
before the Rent Control Office issues a Notice of Completed Application
and Hearing pursuant to paragraph c.
c.
Rent Control Office Review. The Rent Control Office shall review
the Application for Permanent Decontrol to determine if the application
is complete and proper. Once the Rent Control Office has determined
that the Application for Permanent Decontrol is complete and proper,
the Rent Control Office shall: (1) stamp the application to indicate
that it is complete and (2) notify the landlord of the application's
complete and proper status by providing the landlord with an exact
copy of the stamped complete Application for Permanent Decontrol and
a Notice of Completed Application that includes language indicating
to the allegedly former Rent-Controlled Tenant that they have a right
to file an opposition to the Application for Permanent Decontrol and
if they do not, that the Rental Unit will be deemed permanently decontrolled.
d.
Notice to Vacated Tenant of Application. Within 10 days after receipt
by the landlord of the stamped complete copy of the Application Permanent
Decontrol and Notice of Completed Application, the landlord shall
provide the allegedly former Rent-Controlled Tenant with exact copies
of both by registered or certified mail return receipt requested or
by personal service with a sworn affidavit of service. In the event
the landlord cannot reasonably locate the allegedly former Rent-Controlled
Tenant, or the post-office cannot obtain the signature of the tenant
on the return receipt, the landlord shall send the notice by regular
mail to the tenant's last known address and set forth on their
Notice Log the reasons why the landlord had to use regular mail.
e.
Informing the Rent Control Office that Tenant Notice Has Been Given.
After notice has been given by the landlord to the allegedly former
Rent-Controlled Tenant pursuant to paragraph d above, the landlord
shall provide the Rent Control Office with a Notice Log to confirm
that the notice required by paragraph d above has been sent to the
allegedly former Rent-Controlled Tenant. The landlord must provide
the Rent Control Office with this Notice Log within 40 days after
landlord receives the stamped complete Application and the Notice
of Application.
f.
Opposition to the Application. No later than 14 days after being
given notice shall Tenant file an opposition to landlord's Application
for Permanent Decontrol.
g.
The Office's Decision. If, by the time that the Rent Control
Office receives Landlord's Notice Log pursuant to section e above
and the allegedly former Rent-Controlled Tenant fails to submit opposition
to landlord's Application for Permanent Decontrol, the Rent Control
Office shall approve landlord's Application for Permanent Decontrol
so long as landlord has supplied the Office with the appropriate documentation
in support of landlord's application.
h.
Notice of Rent Control Office's Decision. After the Rent Control
has determined the matter, the Rent Control Office shall notify the
landlord, and the tenant where opposition has been received pursuant
to paragraph f above, of the Rent Control Office's Decision on
the Application for Permanent Decontrol by providing the landlord,
and the tenant where opposition has been received pursuant to paragraph
f above, with exact copies of: (1) the Application for Permanent Decontrol
stamped to indicate that it is approved, or denied, and (2) a Notice
of Approval, or Denial.
i.
When Rental Unit Becomes Permanently Decontrol. The day that the
Rent Control Office approves of the Application for Permanent Decontrol
is when the Rental Unit is decontrolled.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Application. Where a landlord reasonably believes that the landlord's
property is being treated as a Dwelling rather than an Exempt Dwelling,
or that a unit within an Exempt Dwelling is being treated as a Covered
Rental Unit rather than an Exempt Rental Unit, the Landlord shall
be permitted to file an Application for Exemption with the Board for
the purpose of conducting a hearing to determine whether the dwelling
or the unit should be deemed exempt from this chapter.
b.
Rent Control Office Review. The Rent Control Office shall review
the Application for Exemption to determine if the application is complete
and proper. Once the Rent Control Office has determined that the Application
for Exemption is complete and proper, the Rent Control Office shall:
(1) stamp the application to indicate that it is complete, (2) set
a hearing date for when the Application for Exemption will be considered
by the Board, and (3) notify the Rent-Controlled Tenant(s) and the
landlord of the application's complete and proper status by providing
the Landlord with an exact copy of the stamped complete Application
for Exemption and by providing the Rent-Controlled Tenant(s) with
an exact copy of both the stamped complete Application for Exemption
and a Notice of Completed Application and Hearing that has the hearing
date indicated therein and includes language indicating to the Rent-Controlled
Tenant(s) that they have a right to file an opposition to the Application
for Exemption.
c.
Opposition to the Application. No later than 20 days prior to the
hearing date, the Rent-Controlled Tenant(s) must submit written opposition,
including any and all supporting documentation, if any, to the Rent
Control Office for the Board's consideration at the hearing.
The Rent Control Office will make the written opposition available
to the Rent-Controlled Tenant(s) for copying and inspection.
d.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the Rent-Controlled Tenant(s) must provide the
Rent Control Office with a list of all witnesses they plan to have
testify at the hearing, if any. The Rent Control Office will make
the landlord's and Rent-Controlled Tenant's list of witnesses
available for copying and inspection.
e.
Hearing. At the hearing, the Board shall give both the landlord and
the Rent-Controlled Tenant(s) an opportunity to present their case,
which shall consist of presenting evidence, calling witnesses, and
the like. No submissions or evidence will be considered by the Board
other than those provided to the Rent Control Office in accordance
with paragraphs c and d above. The only exception to this rule is
when the Board, itself, requests specific additional submissions or
evidence in order to reach a decision on the matter, which then, in
order to be considered by the Board, must be provided to the Rent
Control Office as directed by the Board.
f.
The Board's Decision. Within 60 days of the completion of a
hearing for the Application for Exemption, the Board shall determine
whether to approve or deny the Application for Exemption, enact a
Resolution accordingly, and issue an Opinion, if necessary. If the
Board determines that the landlord's property should be exempt
from the provisions of this chapter, then the Board shall either permanently
or temporarily approve the Application for Exemption. If the Board
determines that the landlord's property is not exempt from the
provisions of this chapter, then the Board shall deny the Application
for Exemption.
g.
Notice to Rent-Controlled Tenant(s) and Landlord of Board's
Decision. After the Board has passed a Resolution determining the
matter, the Rent Control Office shall notify the Rent-Controlled Tenant(s)
and the landlord of the Board's Decision by providing the Rent-Controlled
Tenant and the landlord with exact copies of: (1) the Board's
Resolution, and Opinion, if any, (2) the Application for Exemption
stamped to indicate that it is approved, or denied, and (3) a Notice
of Approved, or Denied, Application.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
Filing a Complaint. Where an individual reasonably believes that
they are a Rent-Controlled Tenant but have been treated as a tenant
not subject to the provisions of this chapter by either their landlord
and/or the Rent Control Office/Board, the individual shall be permitted
to file a complaint with the Board for the purpose of conducting a
hearing to determine whether the individual is a Rent-Controlled Tenant.
b.
Rent Control Office Review. Once the complaint has been filed with
the Rent Control Office, the Rent Control Office shall determine whether
the complaint is complete and proper, meaning whether the complainant
has provided sufficient evidence supporting the claim that they are
a Rent-Controlled Tenant.
1.
If the Rent Control Office determines that the complainant has not
sufficiently stated a claim, then the Rent Control Office will outright
deny the complainant's complaint and provide a Notice of Denial
to the complainant explaining the reason(s) for the denial.
2.
If the Rent Control Office determines that the complainant has sufficiently
stated a claim, the Rent Control Office shall: (1) stamp the complaint
to indicate that it is complete, (2) set a hearing date for when the
complaint will be considered by the Board, and (3) notify the complainant
of the complaint's complete and proper status by providing the
complainant with an exact copy of the stamped complete complaint and
by providing the landlord with an exact copy of both the stamped complete
complaint and a Notice of Complaint that has the hearing date indicated
therein and includes language indicating to the landlord that they
have a right to file an opposition to the complaint.
c.
Opposition to the Application. No later than 20 days prior to the
hearing date, the landlord must submit written opposition, including
copies of any and all supporting documentation, if any, to the Rent
Control Office for the Board's consideration at the hearing.
The Rent Control Office will make the written opposition available
to the complainant for copying and inspection.
d.
List of Witnesses. No later than 14 days prior to the hearing date,
both the landlord and the complainant must provide the Rent Control
Office with a list of all witnesses they plan to have testify at the
hearing, if any. The Rent Control Office will make the landlord's
and complainant's list of witnesses available for copying and
inspection.
e.
Hearing. At the hearing, the Board shall give both the landlord and
the complainant an opportunity to present their case, which shall
consist of presenting evidence, calling witnesses, and the like. No
submissions or evidence will be considered by the Board other than
those provided to the Rent Control Office in accordance with paragraphs
c and d above. The only exception to this rule is when the Board,
itself, requests specific additional submissions or evidence in order
to reach a decision on the matter, which then, in order to be considered
by the Board, must be provided to the Rent Control Office as directed
by the Board.
f.
Decision by Board. Within 60 days of the completion of a hearing
for the complaint, the Board shall determine whether to approve or
deny the complaint, enact a Resolution accordingly, and issue an Opinion,
if necessary. If the Board determines that the complainant should
be considered a Rent-Controlled Tenant, then the Board shall approve
the complaint. If the Board determines that the complainant is not
a Rent-Controlled Tenant, then the Board shall deny the complaint.
g.
Notice to Complainant and Landlord of Board's Decision. After
the Board has passed a Resolution determining the matter, the Rent
Control Office shall notify the complainant and the landlord of the
Board's Decision by providing the complainant and the landlord
with exact copies of: (1) the Board's Resolution, and Opinion,
if any, (2) the complaint stamped to indicate that it is approved
or denied, and (3) a Notice of Approved, or Denied, Complaint.
[Added 7-19-2023 by Ord. No. O-23-31]
All decisions of the Board and the Rent Control Office are final.
Any landlord or Rent-Controlled Tenant wishing to appeal the decisions
may do so to a court of competent jurisdiction according to law pursuant
to its rules and procedures.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
There is hereby established the following schedule of fees for complaints
and applications to the Board which fees shall be payable to the City
of Bayonne.
|
Applications Submitted by Landlord
| |
|---|---|
|
Use
|
Fee
|
|
Application for CPI Increase
|
$50 for 1-10 Covered Rental Units,
$100 for more than 10 Covered Rental Units
|
|
Application for Hardship Surcharge
|
$100 per Application
|
|
Application for Major Capital Improvement Surcharge
|
$100 per Application
|
|
Application for Individual Rental Unit Improvement
|
$50 per Application
|
|
Application for Permanent Decontrol
|
$25 per Rental Unit
|
|
Application Seeking Exemption from Chapter 16 Rent Control
|
$25 per Rental Unit
|
|
Applications/Complaints Submitted by Rent-Controlled Tenant
| |
|---|---|
|
Use
|
Fee
|
|
Complaint for an Invalid Rent Increase or Invalid Surcharges
|
$25 per Application
|
|
Complaint for Failure to Collect on the Board's Decision
|
$5 per Application
|
|
Application for Rent Reduction
|
$25 per Application
|
|
Complaint Seeking a Determination that an Individual is a Rent-Controlled
Tenant
|
$25 per Application
|
b.
Where one of the applications/complaints submitted by a Rent-Controlled
Tenant listed in paragraph a is resolved by the Board in favor of
the Rent-Controlled Tenant, the application/complaint fee paid by
the Rent-Controlled Tenant for the matter shall be assessed against
the landlord as part of the relief granted by the Board in response
to the matter.
[Added 7-19-2023 by Ord. No. O-23-31]
a.
No person shall engage in a reckless or intentional violation of
any provision of this chapter. Such a reckless or intentional violation
may be punishable by a fine of not more than $2,000. A violation affecting
more than one leasehold shall be considered a separate violation as
to each leasehold.
b.
No person shall make, or cause to be made, any misstatement of fact
in any application, complaint, or other submission, to the Rent Control
Office or the Board, or at any hearing of the Board. Any such misstatement
may be punishable by a fine of not more than $500 per misstatement.
c.
No person or entity shall, by their wrongful actions of harassment or otherwise, cause, or attempt to cause, a Covered Rental Unit to become vacant and permanently decontrolled pursuant to Section 16-9. Any person or entity engaging in such wrongful actions may be punishable by a fine of not more than $2,000.
[Added 7-19-2023 by Ord. No. O-23-31]
If any section, paragraph, clause, or provision of this chapter
is held invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or provision shall
not affect any of the remaining provisions of this chapter which shall
remain valid and enforceable.
