[R.O. 1966 C.S. § 15:9A-1]
It is found and hereby declared that many citizens of the City
of Newark are required to reside in multiple dwelling units which
fail to meet minimum standards of safety and sanitation, and which
impair or threaten the health and safety of those citizens. It is
therefore necessary, in order to insure the improvement of substandard
multiple dwelling units, to impose rent controls on such dwelling
units until they satisfy minimum standards of safety and sanitation.
[R.O. 1966 C.S. § 15:9A-2; Ord.
6PSF-F, 6-15-2016]
As used in this chapter:
Shall mean that portion of a multiple dwelling rented or
offered for rent for living or dwelling purposes in which cooking
equipment is supplied; and includes all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy of such portion of the property. The term shall not
mean nor include public housing or dwelling space in any hotel, motel
or established guest house, commonly regarded as a hotel, motel or
established guest house, as the case may be, in the City of Newark.
Shall mean and include any building or structure and land
appurtenant thereto containing three or more apartments or rented
or offered for rent to three or more tenants or family units.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a multiple dwelling, and who are in
actual possession thereof; and any person authorized to receive rents
payable for housing space in a multiple dwelling.
Shall mean the Director of the Department of Engineering
of the City, any subordinate officer appointed by him/her, or such
other person designated by the Business Administrator.
Shall mean any multiple dwelling determined to be substandard
by the Public Officer.
[R.O. 1966 C.S. § 15:9A-3]
Whenever it appears by preliminary investigation that a multiple
dwelling is substandard, the Public Officer shall cause a complaint
to be served upon the owner of and parties in interest in such multiple
dwelling, stating the reasons why the multiple dwelling is deemed
to be substandard and setting a time of not less than 20 nor more
than 25 days thereafter, and place for hearing before the Public Officer.
The owners and parties in interest shall be given the right to file
an answer which shall be filed with the Public Officer within 10 days
of the service of the complaint, and to appear and give testimony.
The rules of evidence shall not be controlling in hearings before
the Public Officer. Any occupant of the dwelling in question shall
also have the right to appear and give testimony at the hearing upon
the complaint. In the event that the occupant joins in the complaint
becoming signatory thereto, the occupant shall have the right to be
represented by counsel.
[R.O. 1966 C.S. § 15:9A-3]
A preliminary investigation shall be completed within 15 days
of the date a charge of substandard conditions in a multiple dwelling
is made in writing to the Public Officer by an occupant thereof. If
the Public Officer decides that the multiple dwelling is not substandard,
he/she shall so inform the interested occupant at the completion of
the preliminary investigation.
[R.O. 1966 C.S. § 15:9A-3]
Where a charge of substandard conditions in a multiple dwelling is made by a nonoccupant, the Public Officer shall cause notice of the filing of the charge to be served on all the occupants of the dwelling in question requesting the occupant to appear before him/her to join in the charge. The nonoccupant shall supply the Public Officer with a list of the occupants in the multiple dwelling and the failure of any occupants to reply to the notice of the Public Officer within 10 days shall cause the complaint of the nonoccupant to lapse. When any occupant in response to the notice of the Public Officer joins in the charge previously made by a nonoccupant, the matter shall proceed to a preliminary investigation under subsection 19:1-3.2 above.
[R.O. 1966 C.S. § 15:9A-4]
If, after notice and hearing, the Public Officer determines
the multiple dwelling under consideration is standard or substandard
he/she shall state his/her findings in writing within 15 days of the
hearing and shall issue and cause to be served upon the owner or other
person entitled to receive rents, a copy of the findings and an order
requiring that such repairs, alterations or improvements necessary
to bring such property up to minimum standards be made within 30 days
of the order. Extensions of time may be ordered by the Public Officer
upon a showing that repairs in process require additional time for
completion.
[R.O. 1966 C.S. § 15:9A-4]
Copies of all findings and orders issued pursuant to this section
shall be sent to any occupant of the multiple dwelling under consideration
whose charges initiated the hearing under this chapter, or who subsequently
became signatory to the complaint.
[R.O. 1966 C.S. § 15:9A-5]
Failure to complete such repairs, alterations or improvements
within the time fixed by the Public Officer shall be cause to impose
rent control on the substandard multiple dwelling.
[R.O. 1966 C.S. § 15:9A-5]
In establishing maximum rents which may be charged for housing
space in a multiple dwelling subject to rent control, the permissible
rents shall be sufficient to provide the owner or other person entitled
to receive rents with a fair net operating income from the multiple
dwelling. The net operating income shall not be considered less than
fair if it is 20% or more of the annual income in the case of a multiple
dwelling containing less than five dwelling units or is 15% or more
in the case of a multiple dwelling containing five or more dwelling
units. In determining the fair net operating income, the Public Officer
shall consider the following items of expense: heating fuel, utilities,
payroll, janitorial materials, real estate taxes, insurance, interior
painting and decorating, depreciation, and repairs and replacements
and additions to furniture and furnishings, which expenses shall be
deducted from the annual income derived from the multiple dwelling.
All items of expense and the amount of annual income shall be certified
by the owner or other person entitled to receive rents on forms provided
by the Public Officer.
[R.O. 1966 C.S. § 15:9A-5]
The imposition of rent control on any substandard multiple dwelling
shall not operate to impair leases existing at the time of the adoption
of this chapter, but shall take effect at the expiration of the term
of any such lease and shall remain in effect thereafter so long as
the multiple dwelling is subject to rent control.
[R.O. 1966 C.S. § 15:9A-5]
It shall be unlawful for any person to demand or receive any
rent in excess of the maximum rent established for housing space in
multiple dwellings subject to rent control or to demand possession
of the space or evict a tenant for refusal to pay rent in excess of
the established maximum rent. The owner or other person entitled to
receive the rents shall not be prevented, however, from exercising
his/her rights to obtain possession of housing space from a tenant
as a result of the tenant's violation of law or contract; and
the owner or other person entitled to receive the rents shall be provided
reasonable grounds to obtain possession of premises for his/her own
personal use and occupancy and for purposes of substantially altering,
remodeling or demolishing the multiple dwelling. However, if such
owner or other person entitled to receive rents exercises his/her
right to obtain possession of the premises for purposes of making
repairs, he/she must make such stated repairs before the premises
are relet to another tenant. Before the premises are relet to another
tenant, the Public Officer shall cause an on site inspection of the
premises to be made and shall be satisfied that the owner has in fact
performed the alterations, remodeling or repairs. Where the owner
has exercised his/her right to obtain possession of the premises for
his/her own personal use and occupancy, the premises may not be relet
to another tenant except after personal possession by the owner exceeding
six months.
[R.O. 1966 C.S. § 15:9A-5]
a.
Change of Status; Notification. Whenever the Public Officer finds
that a multiple dwelling subject to rent control is no longer substandard,
he/she shall so inform the Governing Body and rent control on the
multiple dwelling shall be removed.
b.
Effect of Change. Any occupant of a multiple dwelling wherein rent
control is removed from operation and whose initial charges were the
cause of a complaint issuing under this chapter, or any occupant who
subsequently joined in the complaint shall be served with a copy of
the Public Officer's findings that the premises are no longer
substandard. The occupant shall have 10 days to state his/her objections
in writing to the findings to the Public Officer who may affirm his/her
findings or reinstitute proceedings by complaint and hearing as aforesaid.
All objections shall be resolved within 20 days of filing.
[R.O. 1966 C.S. § 15:9A-6]
Any determination that a multiple dwelling is substandard within
the meaning of this chapter shall be based upon the standards set
forth in the State Housing Code.
[R.O. 1966 C.S. § 15:9A-7]
In the event the owner of a substandard multiple dwelling fails
to comply with an order for repair, alteration or improvement after
notice and opportunity to do so and where such failure to comply results
in the continuation of a condition or conditions harmful to the health
and safety of the occupants of the multiple dwelling or to the general
public, the Public Officer shall, by and with the approval of the
Municipal Council, bring an action in the Superior Court pursuant
to N.J.S. 2A:42-79, or as hereafter amended or supplemented, to be
appointed receiver ex officio of the rents and income from such property
and expend the same for the purpose of making such repairs, alterations
or improvements as are necessary to correct the harmful condition
or conditions. The rents and income so collected by the receiver shall
also be available for the payment of such costs and expenses of the
receivership as may be adjudged by the Court and for the payment to
the municipality of any fines or penalties which may have been imposed
on the owner for violations of the chapter and which have not been
paid by the person liable therefor.
[R.O. 1966 C.S. § 15:9A-8]
Upon his/her appointment the receiver, by and with the approval
of the City Council, in all cases where the real property in question
is encumbered by a first mortgage, shall appoint such first mortgagee,
if such mortgagee is a proper person and is willing to accept such
appointment, as the receiver's agent to collect the rents and
income from such real property and manage the same; and in all other
cases the receiver, by and with the approval of the City Council,
may designate some other competent person as the receiver's agent
to collect the rents and income from such real property and manage
the same, which mortgagee or other person shall account promptly to
the receiver for the rents and income so collected; provided, however,
that if the mortgagee or other persons so designated are derelict
in collecting or accounting for such rents and income or in the management
of such real property the receiver shall apply to the Court for the
removal of such designated mortgagee or other person, upon notice
in writing to him/her, and for the designation in the Court's
discretion, of another person to collect the rents and income from
such real property and manage the same and account to the receiver
for the rents and income of such real property as aforesaid.
[R.O. 1966 C.S. § 15:9A-9]
Upon the failure of an owner of a substandard multiple dwelling
to comply with an order for repairs, alterations or improvements within
time, the Public Officer shall impose rent control on the substandard
multiple dwelling and in addition ask the Municipal Council to permit
him/her to apply to the Superior Court to be appointed rent receiver
of the dwelling.
[R.O. 1966 C.S. § 15:9A-9]
Rent control shall be imposed only after a hearing held on not
less than 20 days' notice to the owner at which time the Public
Officer shall determine a fair net operating income for the multiple
dwelling. The Public Officer shall thereupon establish a maximum rent
for each unit of housing space in the multiple dwelling and the effective
date thereof.
[R.O. 1966 C.S. § 15:9A-10]
Every owner and managing agent of a multiple dwelling within
the City of Newark shall be registered. Such registration shall be
with the City Clerk upon forms prescribed by and furnished by the
City of Newark. Every such registration form shall include the name
and address of the owner and the name and address of an agent, in
charge of the premises, residing in Newark.
[R.O. 1966 C.S. § 15:9A-11]
Any person aggrieved by an order issued by a Public Officer
under this chapter may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief in accordance with the provisions of
N.J.S. 2A:42-83, or as hereafter amended or supplemented.
[R.O. 1966 C.S. § 15:9A-12]
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or of any department of the City of Newark
to enforce any provisions of its Charter or its ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other law.
[R.O. 1966 C.S. § 15:9A-13]
Records of orders, findings and determinations made by the Public
Officer under this chapter shall be deemed public records and shall
be permanently retained.
[R.O. 1966 C.S. § 15:9A-14]
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by a fine not exceeding $500, or by imprisonment
in the County jail for a term not exceeding 90 days, or be punished
by both such fine and imprisonment.
