As used in this article, the following terms
shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by the statutes, codes and
ordinances in full force and effect in the State of New Jersey, County
of Union and Township of Union, and occupied or unoccupied and offered
for rent.
BASE RENT
Rental period for the housing space exclusive of capital
improvement surcharges, hardship surcharges or any other surcharge
which may be allowable under this article.
DWELLING
Includes any building or structure or trailer, or land used
as a trailer park, rented or offered for rent, to one or more tenants
or family units. Exempt from this article are motels, hotels and similar
type buildings and housing units of two units or less, and all buildings
which are presently subject to rent control or rent stabilization
by the governments of the United States or the State of New Jersey.
Housing units newly constructed or rented for the first time to any
tenant are likewise exempt and the initial rent may be determined
by the landlord.
HOUSING SPACE
Includes 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.
JUST CAUSE
Action on the part of the landlord in refusing to let, rent,
rerent or rerent to a tenant, or basis for dispossess for any one
or more of the following:
A.
Failure on the part of the tenant to pay rent
due and owing under the lease, whether the same be oral or written.
B.
Disorderly or disturbing noises or conduct on
the part of the tenant that destroys the peace and tranquility of
the landlord, other tenants or other persons living in or about the
neighborhood.
C.
Intentional or persistent neglect, damage or
injury by the tenant to the property of the landlord.
D.
Constant violation by the tenant of the rules
and regulations of the landlord, if signed by the tenant or incorporated
in the lease, with a copy being given to the tenant.
E.
Substantial breach of the terms and conditions
of the lease agreement by the tenant.
F.
The owner seeks to occupy premises himself.
G.
The owner seeks to close the premises down without
permitting any further occupancy.
[Amended 3-8-1994 by Ord. No. 4297]
A. Establishment
of rents between a landlord and a tenant to whom this article is applicable
shall hereafter be determined by the provisions of this article. At
the expiration of a lease, or at the termination of the lease of a
periodic tenant, no landlord may request or receive an increase in
rent of more than 4% over and above the base rent paid by said tenant
during the leasehold period. For a periodic tenant whose lease terms
shall be less than one year, said tenant shall not suffer or be caused
to pay any rent increase in any calendar year which exceeds the aforementioned
4% for the calendar year prior thereto. The effective date of any
lease, regardless of the date of the instrument shall be the date
of taking possession.
B. Where the total
number of dwelling units exceed 500 units, the following shall apply:
[Added 9-13-2005 by Ord. No. 4893]
(1) The permitted
rent increase in this section shall be 8.0%.
(2) For those
units rented after the adoption of this subsection, no rent control
shall apply provided that the landlord sets forth in a conspicuous
manner that rent control of the Township of Union does not apply to
this unit.
Any rental increase at a time of other than
at the expiration of a lease or termination of a periodic lease shall
be void. Any rental increase in excess of that authorized by the provisions
of this article shall be void. No charge, except those specifically
authorized by this article, shall be allowed in connection with any
rental.
Any landlord seeking an increase in rent shall
notify the tenant no less than 30 days prior to the proposed increase
by certified mail, return receipt requested, or by personal service,
provided that the landlord obtains the tenant's signature acknowledging
receipt of said notice, of the calculations involved in computing
the increase, the allowable percentage increase and the allowable
rental increase.
[Amended 7-26-1988 by Ord. No. 3977]
A. There is hereby
created a Rent Leveling Board within the Township of Union. Said Board
shall consist of seven members, one of whom shall be a landlord, two
of whom shall be tenants and the remaining four of whom shall be not
either a tenant or a landlord of residential real estate. The members
of said Board shall be appointed by the Township Committee, and the
terms of office shall be for a period of three years; however, the
members of the Board first appointed hereunder shall have terms as
follows:
(1) Three for
three years each, one landlord, one tenant and one nonlandlord nontenant.
(2) Two for two
years each, one tenant and one nonlandlord tenant.
(3) Two for one
year only, two nonlandlord nontenant.
B. In addition to
the above members of said Rent Leveling Board, the Township Committee
is authorized to appoint one alternate for each of the categories
identified as "tenant" and not to be either a tenant or a landlord,
in order that there will be an alternate for the "tenant" category
and for what constitutes the public category, which said alternates
shall serve in the absence of their respective category member or
members. The term of office of each of said alternates shall be for
a period of one year from the date of appointment.
The Rent Leveling 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 article, 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 article, which rules and regulations shall have
the force of law until revised, repealed or amended from time to time
by the Board in the exercise of its discretion, provided that such
rules are filed with the Township Clerk.
B. To supply information
and assistance to landlords and tenants to help them comply with the
provisions of this article.
C. To hold hearings
and adjudicate applications from landlords for additional rental as
herein provided.
D. To hold hearings
and adjudicate applications from tenants for reduced rental as herein
provided.
E. To subpoena any
and all records, documentary evidence, witness testimony and any and
all other information necessary to the rendering of a decision by
the Board.
A quorum for the purpose of conducting a meeting
or acting upon matters before the Board shall require the attendance
of a majority of the membership of the Board.
Both the landlord and tenant may appeal the
findings of the Board to the proper courts in accordance with the
rules pertaining to administrative appeals. The findings and rulings
of said court shall be final.
A tenant who is aggrieved by the failure of
a landlord to comply with the terms of the chapter may file for a
hearing with the Board.
For the purposes of considering the reasonableness
of the rents being charged on an appeal by the landlord or the tenant,
the Board shall take into consideration whether the landlord has maintained
the same standards of service, maintenance, health and safety conditions,
furniture, furnishing and equipment in and for the rented housing
space and dwelling as the landlord provided at the date the tenancy
was entered into or as required by the current health, safety and
housing laws and regulations. The Board may reduce the base rent of
any tenant, in the event that the landlord reduces the standards of
services, maintenance, health and safety conditions, furniture, furnishings
and equipment which were provided at the outset of the tenancy.
No landlord shall, after the effective date
of this article, charge any rents in excess of what he was receiving
from the effective date of this article, except for increases as authorized
by this article.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A violation of any of the provisions of this
article, including, but not limited to, the willful filing with the
Rent Leveling Board of any material misstatement of fact, shall be
punishable by one or more of the following: imprisonment in the county
jail or in any other place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days or by a fine not exceeding
$2,000 or by a period of community service not exceeding 90 days,
to become effective on the effective date of this section. A violation
affecting more than one leasehold shall be considered a separate violation
as to each leasehold.
This article, being necessary for the welfare
of the Township of Union and its inhabitants, shall be liberally constructed
to effectuate the purposes thereof.
[Added 10-25-2016 by Ord.
No. 5402; amended 2-28-2017 by Ord. No. 5418]
A. The rent control provisions of this article shall no longer apply to the Crossroads Garden Apartments Rehabilitation Area subject to the terms and conditions of this §
447-27. For purposes of this section, the phrase "Crossroads Garden Apartments Rehabilitation Area" is defined as the property commonly known as "Block 405, Lots 19 and 57" on the Tax Map of the Township of Union that has been designated as an area in need of rehabilitation pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.).
B. The exclusion of the Crossroads
Garden Apartments Rehabilitation Area from the rent control provisions
is explicitly limited by and conditioned upon the following:
(1) Capital improvements made
or caused to be made by the landlord into the Crossroads Garden Apartments
Rehabilitation Area in an amount at least equal to $5,000 per unit;
(2) The capital improvements
shall be made to the Crossroads Garden Apartments Rehabilitation Area
within 10 years of the effective date of this section;
(3) The exclusion from the rent control provisions in this §
447-27 shall not apply to any current tenants who have been residents of the Crossroads Garden Apartments Rehabilitation Area for at least 10 years as of the effective date of this section, and such long-term residents shall remain subject to the protections and administrative relief of this article for so long as they remain tenants within the Crossroads Garden Apartments Rehabilitation Area; and
(4) The landlord shall provide
notice of the passage of this section and the exclusion of the Crossroads
Garden Apartments Rehabilitation Area from the provisions of this
article, including the terms and conditions thereunder, to all residents
within this article within 30 days of the effective date of this section.
C. In the event the conditions of §
447-27B are not satisfied, the exclusion granted in this §
447-27 shall terminate automatically and the full provisions of this article shall be reinstated and applied to the Crossroads Garden Apartments Rehabilitation Area with no further action of the Township or the Rent Leveling Board.