City of Newark, NJ
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2023-12-20
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Title XIX Rent Control
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Chapter 19:3 Provision of Legal Services in Eviction Proceedings.
- C Charter
- Ch C Charter
- AO Adopting Ordinance
- Ch AO Adopting Ordinance
- 1 Title I General Provisions
- Ch 1:1 Definitions, Rules of Construction and Other General Provisions
- 2 Title II Administration
- Ch 2:1 Organization of City Government
- Ch 2:2 Office of the Mayor and Agencies
- Ch 2:3 Office of the City Clerk
- Ch 2:4 General Administration
- Ch 2:5 Department of Administration
- Ch 2:6 Department of Law
- Ch 2:7 Department of Finance
- Ch 2:8 Department of Engineering
- Ch 2:9 (Reserved)
- Ch 2:10 Department of Economic and Housing Development
- Ch 2:11 (Reserved)
- Ch 2:12 Department of Recreation, Cultural Affairs and Senior Services
- Ch 2:13 Department of Health and Community Wellness
- Ch 2:14 (Reserved)
- Ch 2:15 (Reserved)
- Ch 2:16 (Reserved)
- Ch 2:17 Department of Water and Sewer Utilities
- Ch 2:18 Department of Public Works
- Ch 2:19 (Reserved)
- Ch 2:20 (Reserved)
- Ch 2:21 (Reserved)
- Ch 2:22 Department of Public Safety
- Ch 2:23 (Reserved)
- Ch 2:24 Personnel Practices and Policies
- Ch 2:25 (Reserved)
- Ch 2:26 (Reserved)
- Ch 2:27 (Reserved)
- Ch 2:28 Council Rules
- Ch 2:29 Policies and Procedures
- Ch 2:30 Divestment in South Africa
- Ch 2:31 Assistance for the Successful Reintegration of Formerly Incarcerated People Into the Community ("BAN the BOX")
- Ch 2:32 City of Newark Identification Card Program
- 3 Title III City Council
- Ch 3:1 Organization of City Government
- Ch 3:2 Form of Government
- Ch 3:3 Election of Council
- Ch 3:4 Legislative Powers
- Ch 3:5 Meetings of Council
- Ch 3:6 Ordinances; Adoption Procedure
- Ch 3:7 Residency Requirements
- Ch 3:8 Defense Against Criminal or Civil Charges
- Ch 3:9 Council Rules
- Ch 3:10 Appointments of the Council; Attendance Information
- Ch 3:11 City Council Policies and Participation in Committees and Commissions
- Ch 3:12 Constables
- 4 Title IV Alcoholic Beverages
- Ch 4:1 Purpose and Definitions
- Ch 4:2 Licenses
- Ch 4:3 The Regulation of Licenses
- Ch 4:4 Enforcement
- Ch 4:5 Persons Under the Legal Age
- 5 Title V Amusements and Amusement Businesses
- Ch 5:1 Arcades
- Ch 5:2 Coin-Operated Amusement Devices
- Ch 5:3 Shooting Galleries
- Ch 5:4 Miscellaneous Amusement Businesses
- Ch 5:5 Mobile Merry-Go-Rounds, Whips and Similar Devices
- Ch 5:6 Street Musicians
- Ch 5:7 Public Dance Halls and Public Dance
- Ch 5:8 Shows and Exhibitions
- Ch 5:9 Sunday Games of Chance
- Ch 5:10 Special Events
- Ch 5:11 Discotheques
- Ch 5:12 Social Clubs
- Ch 5:13 Redemption Amusement Games
- Ch 5:14 Hiring of Special Police Officers
- 6 Title VI Animals and Fowl
- Ch 6:1 Domestic Animals
- Ch 6:2 Other Animals; Fowl
- 7 Title VII State Uniform Construction Code Enforcing Agency
- Ch 7:1 Code Enforcing Agency
- Ch 7:2 Permits and Fees
- Ch 7:3 Construction Board of Appeals
- Ch 7:4 Miscellaneous Provisions
- Ch 7:5 Enforcement; Violations; Penalties; Emergencies
- Ch 7:6 Redevelopment: Construction Requirements
- 8 Title VIII Businesses and Occupations
- Ch 8:1 Auctions and Auctioneers
- Ch 8:2 Automobile Parking Lots Open to the General Public
- Ch 8:3 Barbershops/Personal Service Establishments
- Ch 8:4 Cartmen
- Ch 8:5 Close-Out Sales
- Ch 8:6 Distribution of Advertising Matter
- Ch 8:7 Hawking and Peddling; Canvassing and Soliciting
- Ch 8:8 Junk and Scrap Metal Processing Facilities
- Ch 8:9 (Reserved)
- Ch 8:10 (Reserved)
- Ch 8:11 Public Markets
- Ch 8:12 Restaurants and Retail Sales and Service Establishments
- Ch 8:13 Retail Florists
- Ch 8:14 Shoe Shine Parlors and Cigar Stores
- Ch 8:15 Transient Merchants and Itinerant Vendors
- Ch 8:16 Used Clothing Stores
- Ch 8:17 Used Motor Vehicle Sales Lots
- Ch 8:18 (Reserved)
- Ch 8:19 Wreckers
- Ch 8:20 Public Garages
- Ch 8:21 Building Contractors
- Ch 8:22 Tire Repair Shops
- Ch 8:23 Precious Metals and Gems
- Ch 8:24 Garage Sales
- Ch 8:25 Vendor Licenses for the Sale of Food and Merchandise at Public Festivals
- Ch 8:26 Hub Cap Business Licenses for the Sale of New and Used Automobile Hub Caps
- Ch 8:27 Regulation of Coin-Operated Telephones and Other Telecommunication Devices
- Ch 8:28 Laundries and Dry Cleaning and Dyeing Plants
- Ch 8:29 Advertising Structure
- Ch 8:30 Regulation of Convenience Stores
- Ch 8:31 Purchase of Secondhand Cell Phones and Other Wireless Communication Equipment by Secondhand Dealers.
- Ch 8:32 Wage Theft
- Ch 8:33 Registration and Standards for Privately Owned Automatic Teller Machines (ATMS)
- Ch 8:34 Retail License
- Ch 8:35 Bakeries
- Ch 8:36 Consolidated Business Licenses
- Ch 8:37 Convenience Stores
- Ch 8:38 Travel Service and Building Service Worker Retention Requirements Upon Transfer of Ownership
- 9 Title IX Hotels
- Ch 9:1 Quality Hospitality Hotels
- 10 Title X Finance and Taxation
- Ch 10:1 Fiscal Policy of Council
- Ch 10:2 Bonds and Notes
- Ch 10:3 Sale of City Property by Bid
- Ch 10:4 Duplicate Tax Bills
- Ch 10:5 Annual Audits of Funded Programs
- Ch 10:6 Disbursement of Community Development Block Grant Funds
- Ch 10:7 Municipal Liens on Fire Damaged Properties
- Ch 10:8 Cancellation of Uncollectible Taxes, Assessments and Tax Sale Certificates
- Ch 10:9 Open Space and Recreational Trust Fund.
- Ch 10:10 (Reserved)
- Ch 10:11 "SHOP NEWARK" Property Tax Rebate Program
- Ch 10:12 (Reserved)
- Ch 10:13 (Reserved)
- Ch 10:14 (Reserved)
- Ch 10:15 (Reserved)
- Ch 10:16 (Reserved)
- Ch 10:17 (Reserved)
- Ch 10:18 (Reserved)
- Ch 10:19 (Reserved)
- Ch 10:20 Hotel Occupancy and Transient Accommodation Tax
- Ch 10:21 Newark Payroll Tax
- Ch 10:22 Motor Vehicle Parking Taxes and Surcharges
- Ch 10:22A Motor Vehicle Rental Tax
- Ch 10:23 Five-Year Tax Exemption and Abatement
- Ch 10:24 Procedures for Application, Approval and Administration of Long Term Tax Exemptions
- Ch 10:25 Extension of Tax Abatement Agreements
- Ch 10:26 Tax Abatement for Qualified Residential Properties
- Ch 10:27 Tax Exemptions on Improvements to Certain Multiple Dwellings
- Ch 10:28 Tax Exemption of Qualified Real Property for Environmental Opportunity Zones
- Ch 10:29 City Prohibited From Doing Business With Certain Financial Institutions
- Ch 10:30 Admission Ticket Surcharge
- Ch 10:31 Designate Downtown District as an Urban Growth Zone; Explore the Creation of an "OFFICE of Transformative PROJECTS"
- Ch 10:32 Special Improvement Districts
- Ch 10:33 Medical Cannabis Transfer Tax
- 11 Title XI Fire Prevention Code
- Ch 11:1 New Jersey Uniform Fire Safety Code Enforcing Agency, Amendments to the Code
- Ch 11:2 Portable Kerosene Heaters
- Ch 11:3 Sale, Display and Discharge of Fireworks
- 12 Title XII Flood Damage Prevention
- Ch 12:1 Title, Purpose, Objectives
- Ch 12:2 Definitions; General Provisions
- Ch 12:3 Administration
- Ch 12:4 Provision for Flood Hazard Reduction
- Ch 12:5 Construction Methods
- Ch 12:6 Dissemination of Information Pertaining to Flood Hazard
- Ch 12:7 Severability
- Ch 12:8 Enactment
- 13 Title XIII Food, Drugs and Cosmetics
- Ch 13:1 General Administrative Provisions
- Ch 13:2 Miscellaneous Health and Sanitation Regulations for Food, Drugs and Cosmetics Businesses
- Ch 13:3 Dairy Establishments: Special Inspection Fund Regulations
- Ch 13:4 Milk and Milk Products
- Ch 13:5 Live Poultry and Certain Live Animals (Goats, Etc.): Retail and Wholesale
- Ch 13:6 Poultry Killing and Dressing Establishments
- Ch 13:7 Meat, Meat Products and Meat Establishments
- Ch 13:8 Ice
- Ch 13:9 Soft Drinks; Bottled Water
- Ch 13:10 Cosmetology and Manicurist Shops
- 14 Title XIV Cannabis
- Ch 14:1 Purpose and Definitions
- Ch 14:2 Cannabis Establishments
- Ch 14:3 Licenses
- Ch 14:4 Application for New and Renewed Licenses
- Ch 14:5 Federal, State and/or Local Incentives
- Ch 14:6 General Regulations
- 15 Title XV Solid Waste Management
- Ch 15:1 Definitions
- Ch 15:2 General Administrative Provisions
- Ch 15:3 General Sanitation Requirements for Vehicles Carrying Solid Waste
- Ch 15:4 Collection and Disposal
- Ch 15:5 Containerized Yard Waste
- Ch 15:6 Disposal Facilities and Illegal Dumping
- Ch 15:7 (Reserved)
- Ch 15:8 Brush, Weeds, Waste Matter and Debris
- Ch 15:9 Littering
- Ch 15:10 Inoperable Vehicles
- Ch 15:11 (Reserved)
- Ch 15:12 Recycling
- Ch 15:13 Recycled Product Procurement Policy
- Ch 15:14 Solid Waste Management Requiring Uniform Packaging Practices
- Ch 15:15 Ozone-Depleting Compounds
- Ch 15:16 Improper Disposal of Waste Into Municipal Storm Sewer System
- 16 Title XVI Health, Sanitation and Air Pollution
- Ch 16:1 General Administrative Provisions
- Ch 16:2 Communicable Diseases
- Ch 16:3 Childhood Lead Poisoning
- Ch 16:4 Lead Paint
- Ch 16:5 City Lead Abatement Assistance Agreement
- Ch 16:6 Child Care
- Ch 16:7 Drug Abuse Treatment Facilities
- Ch 16:8 Blood Banks
- Ch 16:9 Midwifery
- Ch 16:10 (Reserved)
- Ch 16:11 Swimming Pool Code Adoption by City
- Ch 16:12 Fencing of Vacant Lots
- Ch 16:13 Posting of Sign on Vacant Lots
- Ch 16:14 Public Sanitation
- Ch 16:15 Nuisances
- Ch 16:16 Industrial Hygiene
- Ch 16:17 (Reserved)
- Ch 16:18 Sick Leave for Private Employees
- Ch 16:19 Extermination and Fumigation
- Ch 16:20 Vermin Control
- Ch 16:21 Air Pollution Control Code of the City
- Ch 16:22 Regulation of Cooling Towers
- Ch 16:23 Mandatory Replacement of Lead Service Line
- 17 Title XVII (Reserved)
- 18 Title XVIII Housing Code
- Ch 18:1 Establishment of Housing Code
- Ch 18:2 Informational Inspection
- Ch 18:3 Responsibilities of Owners/Operators
- Ch 18:4 Occupants: Responsibilities Under This Housing Code.
- Ch 18:5 Security
- Ch 18:6 Housing and Zoning Regulations (Certificate of Code Compliance)
- Ch 18:7 Other Housing Regulations
- Ch 18:8 Fair Housing
- Ch 18:9 Anti-Warehousing
- Ch 18:10 Certificate of Necessity
- Ch 18:11 Unfit Buildings
- Ch 18:12 Nonresidential Property Maintenance Code
- Ch 18:13 Vacant Buildings
- Ch 18:14 Short-Term Rentals
- Ch 18:15 Establishment of Land Bank
- Ch 18:16 Change of Locks/Order of Protection
- Ch 18:17 Rental Property Registration
- 19 Title XIX Rent Control
- Ch 19:1 Rent Control in Substandard Multiple Dwellings.
- Ch 19:2 Rent Control Regulations; Rent Control Board.
- Ch 19:3 Provision of Legal Services in Eviction Proceedings.
- § 19:3-0 DECLARATION OF PUBLIC NECESSITY.
- § 19:3-1 DEFINITIONS.
- § 19:3-2 PROVISION OF LEGAL SERVICES.
- § 19:3-3 REPORTING.
- § 19:3-4 PUBLIC HEARING.
- 20 Title XX Offenses, Miscellaneous
- Ch 20:1 Violations
- Ch 20:2 Disorderly Conduct
- Ch 20:3 Noise Control
- Ch 20:4 Burglar and Robbery Alarms
- Ch 20:5 Interference With Police
- Ch 20:6 Swimming and Swimming Pools
- Ch 20:7 Glue: Sale and Use
- Ch 20:8 Blockbusting
- Ch 20:9 Libraries and Museums
- Ch 20:10 Regulating Motor Vehicles in Streets
- Ch 20:11 (Reserved)
- Ch 20:12 Fair Employment Practices
- Ch 20:13 Sale or Display of Paraphernalia Relating to Controlled Dangerous Substances
- Ch 20:14 Materials Used for the Storage and Concealment of Illegal Drugs
- Ch 20:15 (Reserved)
- Ch 20:16 (Reserved)
- Ch 20:17 Parental Liability for Destruction of Property by Children
- Ch 20:18 Sale, Transfer, Possession, and/or Use of Spray Paint Containers and Indelible Markers
- Ch 20:19 Rewards
- Ch 20:20 Rules and Regulations for Parks and Recreational Facilities
- Ch 20:21 Regulation of Team Membership to the Newark Contingency of the U.S. Youth Games
- Ch 20:22 Sale of Noxious or Foul Perfumes or Odors
- Ch 20:23 Unlawful Use of Taxicabs and Limousines or Livery Service at Newark International Airport, Pennsylvania Station and Any Other Public Transportation Facilities.
- Ch 20:24 Anti-Terrorism
- Ch 20:25 Paging Devices on School Property
- Ch 20:26 Registration of Convicted Sexual Offenders
- Ch 20:26A Convicted Sexual Offenders Residency Restrictions
- Ch 20:27 Map Establishing Drug-Free Zones for Schools, Public Housing Facilities, Public Parks and Public Buildings
- Ch 20:28 Drunk Driving-Free School Zones
- Ch 20:29 Trespass Affidavit Program ("TAP")
- Ch 20:30 Pedestrian Corridors
- Ch 20:31 Fire Alarms; Registration; False Alarms
- Ch 20:32 Off-Road Vehicles: All-Terrain Vehicles and Dirt Bikes
- 21 Title XXI (Reserved)
- 22 Title XXII (Reserved)
- 23 Title XXIII Traffic
- Ch 23:1 In General
- Ch 23:2 One-Way Streets
- Ch 23:3 Prohibited Turns
- Ch 23:4 Limiting Use of Streets to Certain Vehicles
- Ch 23:4A Temporary Closing of Streets
- Ch 23:5 Parking, Stopping and Standing, Generally
- Ch 23:6 Snow and Other Emergencies
- Ch 23:7 Parking Meter Regulations, Generally
- Ch 23:8 Municipal Public Parking Lots
- Ch 23:9 Municipal Parking Lots for Officials and Employees
- Ch 23:10 Public, Semi-Public or Private Roads, Driveways and Parking Places
- Ch 23:11 Installation and Operation of Traffic Control Signals
- Ch 23:12 Mid-Block Crosswalks
- Ch 23:13 Speed Limits
- Ch 23:14 Lane Use
- Ch 23:15 Stop Intersections, Yield Intersections and Through Streets
- Ch 23:16 Traffic Island and Safety Zones
- Ch 23:17 (Reserved)
- Ch 23:18 Bus Stops
- Apx 23:A Schedule of Penalties for Violations - Violations Bureau, Newark Municipal Court
- 24 Title XXIV (Reserved)
- 25 Title XXV (Reserved)
- 26 Title XXVI (Reserved)
- 27 Title XXVII Parks, Trees and Plants
- Ch 27:1 Trees and Shrubbery
- Ch 27:2 Conduct in Parks and Parkways
- 28 Title XXVIII Soil Erosion and Sediment Control
- Ch 28:1 Title; Purpose
- Ch 28:2 Definitions
- Ch 28:3 Soil Erosion and Sediment Control Plans
- Ch 28:4 Procedures
- Ch 28:5 Fees
- Ch 28:6 General Provisions
- 29 Title XXIX Streets and Sidewalks
- Ch 29:1 General Administrative Provisions; Definitions
- Ch 29:2 Street and Sidewalk Improvements: General Provisions; Contracts
- Ch 29:3 Sidewalks, Curbs and Gutters; Construction, Maintenance, Alteration and Repair; Specifications.
- Ch 29:4 Encumbrances Upon and Injury to Streets and Sidewalks; Miscellaneous Provisions
- Ch 29:5 Construction and Street Work Activities; Disturbance of Street Surfaces
- Ch 29:6 Walls and Fences
- Ch 29:7 Vaults and Vault Sidewalk Glass
- Ch 29:8 Area Ways Extending Beyond Building Lines
- Ch 29:9 Cellar Entrances Extending Beyond Building Line
- Ch 29:10 Coalholes and Manholes
- Ch 29:11 Installation of Storage Tanks
- Ch 29:12 Sidewalk Elevators
- Ch 29:13 Railroad Sidings, Pipe Lines, Conduits, Wires, Cables, Permanent Bridges, Subways and Tunnels
- Ch 29:14 Monuments
- Ch 29:15 House Numbering
- Ch 29:16 Sidewalk Newsstands
- Ch 29:17 Snow and Ice
- Ch 29:18 Removal of Grass, Weeds and Other Impediments
- Ch 29:19 Trimming of Brush, Hedge and Other Plant Life Near Intersections
- Ch 29:20 Littering in Public Places
- Ch 29:21 Signs, Notices and Advertisements
- Ch 29:22 Posting of Political Signs and/or Promotional Signs
- Ch 29:23 (Reserved)
- Ch 29:24 Street Vacations
- Ch 29:25 Permits for Pay Phones on Streets and Sidewalks
- Ch 29:26 Sidewalk Cafes
- Ch 29:27 Regulating News Racks in Public Rights-Of-Way
- Ch 29:28 Use of Streets for Telecommunications; Fees
- Ch 29:29 Permits for Shared Dockless Vehicles in Public Right-Of-Way
- Ch 29:30 Streateries, Parklets, and Permanent/Semi-Permanent Structures for Outdoor Dining
- Ch 29:31 Clear Zones
- 30 Title XXX Waterfront
- Ch 30:1 Cleanup Program
- Ch 30:2 Abandoned Vessels
- 31 Title XXXI Weights and Measures
- Ch 31:1 General Administrative Provisions; Enforcement; Penalties
- Ch 31:2 Standards; Regulatory Requirements.
- 32 Title XXXII Sewers and Sewage Disposal
- Ch 32:1 General Provisions
- Ch 32:2 Public Sewers; General Provisions
- Ch 32:3 Public Sewers; Regulation of Discharge
- Ch 32:4 (Reserved)
- Ch 32:5 Public Sewers; PVSC Requirements
- Ch 32:6 Public Sewers; JMEUC Requirements
- Ch 32:7 Private Sewers
- Ch 32:8 User Charges
- Ch 32:9 Joint Meeting of Essex and Union Counties
- 33 Title XXXIII Water
- Ch 33:1 Water Shortage
- Ch 33:2 Water Conservation
- Ch 33:3 Use of Water for Refrigeration and Air Conditioning
- Ch 33:4 Rates and Charges
- Ch 33:5 Water Rules and Regulations
- 34 Title XXXIV Transportation
- Ch 34:1 Taxicabs
- Ch 34:2 Autocabs, Limousines and Livery Service
- Ch 34:3 Intermunicipal for Hire Vehicle Operation Rules
- Ch 34:4 Financial Access Agreements With Transportation Network Companies
- 35 Title XXXV (Reserved)
- 36 Title XXXVI (Reserved)
- 37 Title XXXVII (Reserved)
- 38 Title XXXVIII (Reserved)
- 39 Title XXXIX (Reserved)
- 40 Title XL (Reserved)
- 41 Title XLI Zoning and Land Use Regulations
- Ch 41:AO Zoning and Land Use Adopting Ordinance
- Ch 41:1 Introduction
- Ch 41:2 Definitions
- Ch 41:3 Zoning Districts
- Ch 41:4 Permitted Uses by District
- Ch 41:5 Building Bulk and Design Requirements
- Ch 41:6 Conditional Use Standards
- Ch 41:7 Off-Street Parking and Loading
- Ch 41:8 Requirements for Off-Street Parking and Loading Areas
- Ch 41:9 Signs
- Ch 41:10 Historic Sites and Districts
- Ch 41:11 Central Planning Board
- Ch 41:12 Zoning Board of Adjustment
- Ch 41:13 Subdivision Procedures
- Ch 41:14 Subdivision, Site Plan, Zoning and Design Standards
- Ch 41:15 Site Plan Procedures
- Ch 41:16 Additional Zoning and Design Standards
- Ch 41:17 Storm Drainage
- Ch 41:18 Administration, Enforcement and Violations
- Ch 41:19 Escrow Fees for Redevelopment Matters
- Ch 41:20 Environmental Justice and Cumulative Impact
- Ch 41:20A Exhibit A: Environmental Review Checklist
- Ch 41:21 Inclusionary Zoning for Affordable Housing
- Ch 41:22 Shipping Containers
- Apx 41:A1 Appendix 1: Newark Redevelopment Area Boundary Map
- Apx 41:A2 Appendix 2: Newark Zoning Maps
- Apx 41:A3 (Reserved)
- Apx 41:A4 Appendix 4: Illustrated Bulk and Design Requirements
- Apx 41:A5 Appendix 5: Historic Landmarks and Landmarks Districts Maps
- Apx 41:A6 Appendix 6: Illustration of Decision Making Process
- Apx 41:A7 Appendix 7: Notice of Public Hearing
- Ch 41:DL Zoning and Land Use Ordinances
- DL Disposition List
- Ch DL Disposition List
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a.
The Governing Body of the City of Newark does hereby declare that an emergency exists, within the City of Newark, where many of its residents are homeless or are at risk of homelessness and/or reside in uninhabitable living conditions due to a shortage of affordable housing and a lack of knowledge and awareness of tenants' rights; and
b.
This emergency was created, in part, by the filing of frivolous and/or retaliatory eviction actions by landlords renting residential property in the City of Newark; and
c.
A landlord will be less likely to file a frivolous lawsuit if she/he is aware that her/his tenant will be assisted by legal counsel in preparing and asserting available legal defenses to the tenant's eviction action; this will mitigate the aforementioned emergency and reduce the serious threats to the public health, safety and general welfare of the citizens of the City of Newark created by said emergency; and
d.
A lack of knowledge and awareness of their legal rights, the fear of being evicted without good cause, and being forced to seek housing in a limited housing market, discourages many Newark tenants from fighting eviction actions and/or from protesting against substandard housing conditions; it is this fear that contributes to homelessness as well as to the harmful, uninhabitable conditions in which many Newark tenants live; this warrants legislative action by the Governing Body; and
e.
The Governing Body of the City of Newark does hereby declare that these conditions pose a serious threat to the public health, safety and general welfare of the residents of the City of Newark, particularly the approximately 78.2% of Newark residents who, according to 2016-2017 U.S. Census Bureau data, are renters. N.J.S.A. 40:48-2, allows any municipality to make ordinances, rules, regulations, and by-laws, as the municipality deems necessary and proper for the good government, order and protection of its residents and for the protection of the health, welfare and safety of the municipality and its residents; and
f.
Pursuant to these aforementioned police powers, in order to protect the health, safety and welfare of the citizens of the City of Newark, it is necessary to provide access to legal services to tenants who are facing eviction or the threat thereof.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019; amended 8-4-2021 by Ord. No. 6PSF-C, 08-04-2021]
For the purposes of this Chapter, the following terms have the following meanings:
Shall mean any of the following: (1) A summary proceeding in The Superior Court of New Jersey - Essex County, seeking to evict an Eligible Newark Tenant, including a summary proceeding seeking removal of a tenant for non-payment of rent, or an alleged holdover; (2) Administrative/Grievance hearings with public housing and/or public agencies that provide rental assistance after said agency has taken some action (including termination/notice of termination of subsidy) that adversely affects a tenant's rights, duties, welfare or status and could result in eviction; and (3) an appeal of the rent control board before the Law Division of the Superior Court of New Jersey-Essex Vicinage, that adversely affects a tenant's rights, ability to pay the rent, or otherwise retain occupancy.
Shall mean a not-for-profit organization, or a for profit legal services provider, including law firms and solo practitioners, that has the capacity to provide legal services to Newark's tenants of low income facing eviction in the Superior Court of New Jersey - Essex County or the threat thereof.
Refers to a single tenant or household of a rental dwelling located in the municipality of Newark, New Jersey whose household income is 200% or less of the current federal poverty level, who is either facing eviction or some action by a governmental assistance-providing agency (including termination/notice of termination of subsidy) that adversely affects a tenant's rights, duties, welfare or status and could result in eviction, and whose case poses no conflict of interest to the City.
Shall mean an individual whose annual gross household income is not in excess of 200% of the official federal poverty guidelines defined by the United States Department of Health and Human Services, pursuant to Subsection (2) of 42 U.S.C.A. § 9902.
Shall mean the Landlord/Tenant Section of the Special Civil Part of the Superior Court of Essex County.
Shall mean ongoing legal representation provided by a designated organization to an income-eligible individual and all legal advice, advocacy, and assistance associated with such representation.
Shall mean any form of legal assistance to an Eligible Newark Tenant.
Shall mean the Mayor of the City of Newark, New Jersey.
Shall mean the Governing Body of the City of Newark, New Jersey that comprises the legislative branch of the City of Newark, New Jersey's government.
Shall mean an attorney employed by or affiliated with a Designated Organization that agrees to provide legal services to residents pursuant to this ordinance.
Shall mean a contract between the Eligible Newark Tenant and the Partner Attorney from the Designated Organization for the provision of legal assistance or services.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019; amended 8-4-2021 by Ord. No. 6PSF-C, 08-04-2021]
a.
There is established in the Department of Economic and Housing Development, the Office of Tenant Legal Services to establish a pilot program to provide access to legal services for Newark residents in eviction proceedings in the Superior Court of New Jersey — Essex County. Subject to appropriations, the City of Newark shall provide funding to be used exclusively to provide access to legal services and shall ensure that:
1.
The Office of Tenant Legal Services be coordinated by a Coordinator who shall, no later than April 1, 2019, establish a program to provide access to legal services for Newark residents in the Superior Court of New Jersey — Essex County; and
2.
The Coordinator shall establish a program that complies with the procurement process of the New Jersey Local Public Contracts Law, N.J.S.A. 40A;11-1 et seq. to select legal services providers that have the capacity to provide legal services to eligible Newark tenants facing eviction or the threat thereof; and
3.
Every Eligible Newark Tenant shall receive access to full legal representation no later than their first scheduled appearance in a Covered Proceeding, or as soon thereafter as is practicable; and
4.
The Coordinator shall conduct annual reviews to establish key performance indicators; and
5.
Any legal services performed by a Designated Organization pursuant to this Chapter shall not replace, or satisfy any obligations or responsibilities of such designated organization pursuant to any other program, agreement, or contract; and
6.
The Coordinator shall submit a proposed annual budget to the Mayor to be considered at a budget hearing to be conducted by the Mayor and/or Business Administrator. Subject to appropriation, the Mayor and/or the Business Administrator shall determine the level of funding for the Office of Tenant Legal Services; and
7.
If authorized by State and Federal law, the creation of a Landlord Tenant Fund, to receive funds to be used exclusively to provide legal defense services to Newark tenants facing eviction; and
b.
Nothing in this Chapter or the administration or application thereof shall be construed to create a private right of action on the part of any person or entity against the City or any agency, official, or employee thereof.
c.
An Eligible Newark Tenant, facing eviction or some action by a private landlord that adversely affects that tenant's rights, duties, welfare, or status and could result in eviction, in a "Covered Proceeding" as defined in 19:3-1(3), shall be referred to the Law Department of the City of Newark for appointment of an attorney from a Designated Organization, independent of the Office of Tenant Legal Services program, to provide free legal representation for the Covered Proceeding.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a.
No later than 60 days after the end of each fiscal year, the Coordinator of the Office of Tenant Legal Services shall submit to the Mayor and the Municipal Council, and post online, a report on the legal services program and information regarding its implementation, to the extent such information is available, including, but not limited to:
1.
The number of covered individuals;
2.
The number of individuals currently receiving legal services and the actual number of individuals who received legal services for the prior year, identified by the following characteristics of such individuals:
(a)
Ward and postal code of residence;
(b)
Age of head of household;
(c)
Household size;
(d)
Estimated length of tenancy;
(e)
Approximate household income;
(f)
Whether the Tenant resides in rent-regulated housing;
(g)
Whether the Tenant resides in housing operated by the Newark Housing Authority; and
(h)
Whether and how the tenancy is federally subsidized.
3.
Outcomes immediately following the provision of full legal representation, as applicable and available, including, but not limited to, the number of:
4.
Non-payment and holdover petitions filed in Landlord-Tenant Court, and warrants of removal served by landlords.
[Ord. 6PSF-L, 12-19-2018; Ord. 6 PSF-J, 9-18-2019]
a.
The Coordinator of the Office of Tenant Legal Services shall conduct a public hearing each year, no later than 60 days before the end of each fiscal year, to receive recommendations and feedback about the program; and
b.
The Coordinator shall provide notice of the public hearing within 30 days of the hearing which shall be open to the public and shall be:
c.
Written and/or oral testimony may be submitted at the hearing; and
d.
The Coordinator shall cause a transcript of the hearing to be produced and shall make the transcript available to the public in the Office of Tenant Legal Services or through other available means available to the Coordinator.
