As used in this article, the following terms shall have the
meanings indicated:
ACCUMULATED FAIR RENTAL
An amount of rental applicable to each dwelling unit covered by this article as of the commencement of the letting of that unit as such amount may have subsequently been actually increased thereafter from year to year by the landlord pursuant to §
212-13 of this article, including any accumulated tax surcharge added thereto pursuant to §
212-17 of this article in effect prior to April 29, 1999.
DWELLING UNIT
One or more rooms providing living facilities designed or
used for one household in a multiple dwelling as herein defined.
EXTREME HARDSHIPS
As applied in §
212-16A(2) hereof means any circumstance or set of circumstances directly resulting from the ownership, operation and/or maintenance of the subject multiple dwelling which renders the continued operation or maintenance of the subject multiple dwelling in a good, safe and efficient condition unduly difficult or economically unreasonable. Specifically excluded are such circumstances or set of circumstances that are directly or indirectly the result of the act or omission of the landlord in a manner other than that of a reasonably prudent business person.
MULTIPLE DWELLINGS
Means and includes any building or group of several buildings
upon a single lot, tract, or parcel of land or upon several lots,
tracts, or parcels which are adjacent to each other and in the same
ownership and which such buildings or group of several buildings contain
three or more dwelling units.
QUALIFIED SENIOR TENANT
A tenant to whom this article otherwise applies who is further
all of the following:
A.
A person who has made his or her permanent residence and domicile
for at least one year in an apartment covered by this article and
who has no other residence; and
B.
A person who is residing and domiciles as aforesaid in such
a household the total income of which, including the incomes of all
other persons in that household and including all income from sources
either earned or unearned and whether taxable or nontaxable, does
not exceed the average per capita annual income for Bergen County
residents most recently determined and published by the New Jersey
Department of Community Affairs; and
C.
A person who is at least 62 years of age; or a person of at
least 55 years of age and who is the surviving spouse of a formerly
qualified senior citizen tenant.
RENT
Any and all charges made by the landlord to the tenant in
consideration of the tenant's occupancy of the dwelling unit. "Rent"
includes parking charges, garage charges or any other charges relating
to any automobile owned or maintained or used by a tenant. "Rent"
further includes any charges for any privileges, services, furnishings,
furniture, equipment and facilities in common areas in connection
with the use or occupancy of such portion of the property.
RENT BOARD
The board created by this article for the purpose of hearing
appeals and complaints from owners and tenants dealing with rents
and issuing rulings on the same.
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 unit.
Commencing on the date upon which this article becomes effective,
the landlord shall no longer seek a further separate tax surcharge
from the tenant because of any increase in municipal property taxes
levied upon the demised premises.
A landlord shall only be entitled to the rental increases provided
herein only if it maintains the premises in accordance with this article
and the other ordinances of the Borough providing for the construction,
maintenance or zoning of said property, with no decrease of any services,
and only if it has fully complied with all of the terms and conditions
of this article.
There may be no waiver or avoidance of the provisions of this
article by private agreement, directly or indirectly.
Every owner of a multiple dwelling shall register the same with
the Borough Clerk within 30 days of the adoption of this article.
Such registration shall include the name of every tenant, the respective
designation of that tenant's dwelling unit, the term of each respective
lease, the rent for that term and a description of the respective
demised area sufficient to indicate the basis for any proration of
rent among all tenants of the multiple dwelling.
The owner of housing space or a dwelling being rented for the
first time shall not be restricted in the initial rent charged. Any
subsequent rental increase, however, shall be subject to the provisions
of this article.
This article, being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof.