As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS A 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 RENT The 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.
BOARD The Rent Control Board.
DWELLING Any 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 SPACE A. 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 EVICTION That 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.
LANDLORD As 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 AREA The amount of total rentable space applicable to any given housing space, measured either in terms of rooms or square footage.
MAINTENANCE COSTS Maintenance 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 IMPROVEMENT An 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 SERVICES An 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 TENANT All tenants, including monthly tenants, who do not have a written lease.
RENT The 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 ADJUSTMENT The 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 STATEMENT The 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.
RESALE Resale of a dwelling unit means any sale subsequent to the original sale thereof.
OFFICER The Rent Control Board Officer.
SERVICES The provision of light, heat, hot water, maintenance, painting, elevator service, air conditioning, storm windows, screens, superintendent service and any other benefit, privilege or facility connected with the use or occupancy of any dwelling or housing space.
SUBSTANTIAL CODE COMPLIANCE Substantial 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 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.
UNINHABITABLE BUILDING A 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.
There is hereby established a schedule of fees for applications to the Rent Control Board.
Fee Type | Amount |
---|
Annual registration statement filing | $10 per apartment |
Late filing fee | $20 per apartment |
Legal rent determination | $25 per apartment |
Appeal of Rent Control Officer decision | $100 per appeal |
Capital improvement or service increase application | $250 |
Hardship application | $300 |
Vacancy allowance application | $250 |
Personal service or service by certified mail that is either refused or uncalled for may be remailed by ordinary mail and shall be effective as though personal service or notice by certified mail had been accepted.
Any person found guilty of violating any provision of this chapter or of willfully filing a material misstatement of fact with the Rent Control Officer or Board shall be punishable by a fine not exceeding $2,000 or by imprisonment not exceeding 90 days or both, as determined by the Township Municipal Court. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold. This section shall be in addition to any remedies for noncompliance or violation of this chapter set forth elsewhere herein.
This chapter being necessary for the Township of Montclair and its tenants subject thereto shall be liberally construed to effectuate those purposes.
If any provision of this chapter is declared invalid, such invalidity shall not affect any other provisions of this chapter which can be given effect, and to this end, any provisions deemed invalid shall be severable and the remaining provisions shall be given the full force of law.