As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTSA dwelling unit is fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the Township, and is occupied, or unoccupied and being offered for rent.
BASE RENTThe rent is as defined in the lease between the landlord and tenant that was charged as of the effective date of this chapter except as follows:
A. For any dwelling unit where the landlord collected an increase in rent from an existing tenant on or after May 1, 2020, the base rent shall be the rent in effect as of May 1, 2020;
B. For any dwelling unit where the landlord provided notice of a rent increase to an existing tenant but did not collect such increase on or after May 1, 2020, or did not otherwise seek or collect any increase from an existing tenant on or after May 1, 2020, the base rent shall be the rent in effect as of May 1, 2020; and
C. For any dwelling unit that became vacant since May 1, 2020, the base rent shall be the rent in effect as of the effective date of this chapter.
D. A landlord can request a rent increase on covered units once every 12 months in an amount not to exceed 4% (or 2.5% for seniors 65+) provided the unit is in substantial code compliance with the applicable building laws and is properly registered with the Rent Control Office. The base rent plus the allowable rent increase will become the new base rent.
[Added 5-23-2024 by Ord. No. O-24-13]
BOARDThe Rent Control Board.
DWELLINGAny building or structure rented or offered for rent to one or more tenants or family units. Furnished rooms are subject to the terms of this chapter notwithstanding the fact that furniture is provided by the landlord and/or rent is paid on a weekly or biweekly basis.
HOUSING SPACEA. That portion of a dwelling rented or offered for rent for living and dwelling purposes to one individual or family unit, together with all privileges, services, furnishings, furniture, equipment, facilities, and improvements connected with the use or occupancy of such portion of the property.
B. Includes a garage, carport or parking space, which garage, carport, or parking space is included in the agreement for the rental of housing space.
JUST CAUSE FOR EVICTIONThat the landlord recovered possession of a housing space or dwelling for one of the reasons and in accord with the procedures set forth in N.J.S.A. 2A:18-61.1, as amended.
LANDLORDAs used in this chapter, the person who owns or represents the ownership of any building, structure or complex of buildings or structures in which there is rented or offered for rent housing space for living or dwelling purposes.
LIVING AREAThe amount of total rentable space applicable to any given housing space, measured either in terms of rooms or square footage.
MAINTENANCE COSTSMaintenance costs include, but are not limited to, real estate taxes, utility expenses, insurance costs, management fees, expenses for repairs, upkeep and maintenance respecting a dwelling unit, but shall not include principal or interest payments on any blanket encumbrance or other mortgage or encumbrance.
MAJOR CAPITAL IMPROVEMENTAn addition to the dwelling or housing space units that inures to the benefit of the tenant, that was not previously provided or required to be provided by law or lease, that materially adds to the value of the dwelling or housing space and prolongs its life, and that must not be upkeep, maintenance, repairs, rehabilitation or replacement of items or services.
MAJOR ADDITIONAL SERVICESAn addition to the dwelling or housing space units that inures to the benefit of the tenant, that was not previously provided or required to be provided by law or lease, that materially adds to the value of the dwelling or housing space and prolongs its life, that includes a substantial increase in services, furniture, furnishings or equipment provided to tenants since the date of the most recent rent increase under any section of this chapter, and that must not be upkeep, maintenance, repairs, rehabilitation or replacement of items or services.
PERIODIC TENANTAll tenants, including monthly tenants, who do not have a written lease.
RENTThe consideration demanded or received in connection with the use or occupancy of housing space, including, but not limited to, parking, pets, facilities, privilege services, equipment, furnishings, or any charge, no matter how set forth, paid by the tenant in connection with the housing space.
RENT INCREASE, DECREASE OR ADJUSTMENTThe notice forwarded by the landlord to the tenant, or by the tenant to the landlord, by letter or in any other form, setting forth the proposed amount of rent increase, rent decrease or other rent adjustment. Each such notice shall state in detail the reasons justifying or requiring the rent increase, rent decrease or other rent adjustment.
RENTAL STATEMENTThe statement which the landlord shall be required to sign and deliver to the tenant, when requested by the tenant, and vice versa, describing the housing space rented, the related services and equipment involved, whether such include the use of the basement, garage, clotheslines, washing utilities, heat, hot water, garbage removal, repairs, maintenance and the like, and the base rent and charge.
RESALEResale of a dwelling unit means any sale subsequent to the original sale thereof.
OFFICERThe Rent Control Board Officer.
SERVICESThe provision of light, heat, hot water, maintenance, painting, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
SUBSTANTIAL CODE COMPLIANCESubstantial compliance means that the housing space and dwelling units are free from all heat, hot-water, elevator and all health, safety, and fire hazards as well as 90% qualitatively free of all other violations of the Montclair Property Maintenance Code, Montclair Code Chapter
190 and the Regulations for Construction and Maintenance of Hotels and Multiple Dwellings promulgated by the State Department of Community Affairs, N.J.A.C. 5:10-1.1 et seq., and other applicable ordinances of the Township of Montclair.
[Amended 5-23-2024 by Ord. No. O-24-13]
UNINHABITABLE BUILDINGA structure which is completely vacant and unfit for human habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Essex, and Township of Montclair.