[HISTORY: Adopted by the Municipal Council of the Town (now
Township) of Irvington 7-14-1981 by Ord. No. MC 2635 (Ch. 151 of the 1981 Revised Code);
amended in its entirety 1-23-2023 by Ord. No. MC 3811. Subsequent amendments
noted where applicable.]
From and after the effective date of this chapter, no landlord
in the Township of Irvington shall charge any rent in excess of that
which he was charging as of the effective date hereof, except for
such increases as are provided herein. Establishment of rents charged
on dwelling units to which this chapter is applicable shall hereafter
be determined by this chapter. At the expiration of a lease or at
the termination of the lease of a periodic tenant, no landlord may
request, charge or receive an increase in rent greater than that allowed
by Subsection A of this section. A periodic tenant whose lease term
is less than one year shall not be caused to pay any increase in any
twelve-month period which exceeds that allowed by Subsection A of
this section. No tenant shall be caused to pay more than one increase
in any twelve-month period.
A.
The increase in rents permitted under this section shall be as follows:
(1)
Where the landlord supplies heat to the dwelling unit, the increase
in rent shall not exceed 4% of the prior year's rent.
(2)
Where the landlord does not supply heat to the dwelling unit, the
increase in rent shall not exceed 3% of the prior year's rent.
(3)
An individual age 65 or older who is a sole tenant or living with
other adults all aged 65 or older within the unit shall be limited
to a 2% increase annually regardless of whether the landlord provides
heat to the unit.
C.
A landlord shall not be entitled to request, charge or receive any
tax surcharge by reason of increase in municipal property taxes.
D.
Tenants of any residential properties may present a written petition
signed by a majority of the tenants and consented to by the landlord
of the property agreeing to a specific rent surcharge for a specific
purpose or project, and providing for the landlord's permission to
permit the tenant's representative to review the expenditures involved
for the particular purpose or project surcharge. Each dwelling unit
shall be considered a single tenant for the purposes of this subsection.
If the aforementioned surcharge is approved by the Rent Leveling Officer,
the surcharges shall run for maximum of two years, if so provided.
If there are in existence joint agreements which have been in existence
for more than two years, they shall expire within 60 days after the
effective passage of this amendment.
E.
Unbundling.
(1)
A landlord shall not be allowed to unbundle service in order to defeat
the intent of this chapter.
(a)
"Unbundling" shall include, but not be limited to, subcontracting
or providing for a separate charge for parking. Unbundling shall also
include changing the term(s) of any previously received security deposit
by increasing the amount to be deposited with the landlord beyond
the amount agreed to in the original lease or in the event of valid
rent increases requiring a tenant to deposit more than the proportional
increase of deposit which would make the security deposit consistent
with the terms of the original lease.
(b)
Any person or persons residing as a tenant on the effective
date of said unbundling shall be entitled to remain in their then-existing
status as long as they shall remain as a tenant.
(2)
Fines may be levied on a daily basis for anyone found to be in violation
of this section. Each day the violation continues to exist can be
treated as a separate violation subject to a daily fine. Fines shall
be issued by the Rent Leveling Officer and/or designee.
F.
Fees for late payment of rent and bounced checks. Prospectively,
upon renewal of a lease or upon entering a new lease, the landlord
shall include a provision in the lease agreement limiting fees for
payment of rent by the tenant more than seven days late to a maximum
of $50 and limiting fees for bounced checks to a maximum of $25.
A.
Any landlord who shall increase rents as provided in § 472-1 hereof shall give 60 days' written notice to his/her tenants by any reasonable means of said increase; provided, however, that when said notice is not mailed to the tenant's residence, delivery is not considered to have been accomplished unless a signed receipt is obtained from the tenant or his/her representative. If a tenant is notified by mail other than certified or registered mail, the landlord or the landlord's representative shall certify in writing that the landlord mailed the notice to the tenant. Said certification shall be retained for a period of three years.
B.
Rent increases for any unit in the entire property shall be prohibited
in any calendar year in which the landlord failed to timely file a
rent registration for the property where landlord seeks to increase
any rent.
The provisions of this chapter shall not apply to:
A.
Motels, hotels and similar dwellings.
B.
Dwellings of two units or less.
C.
Dwellings of three and four units, at least one of which is occupied
by one or more of the owners thereof.
D.
Dwellings subject to rent control or stabilization under any state
or federal law.[1]
[1]
Editor's Note: Former § 151-3E of the 1981 Revised
Code, pertaining to dwelling units available for occupancy on or after
July 1, 1981, which previously followed this subsection, was repealed
4-9-1985 by Ord. No. MC 2777.
A.
If, as the result of circumstances which the landlord could not reasonably have foreseen or anticipated or which are beyond his/her control, a landlord is unable to earn a fair rate of return on the landlord's investment, the landlord may apply to the Rent Leveling Officer (hereafter "RLO") for an increase in rent in excess of that permitted under § 472-1 hereof, via an application and pay the fee of $50 per unit. In connection with any appeal filed hereunder, the landlord shall prove his/her expenses of operation, including but not limited to payment of the purchase money mortgage or mortgages and any subsequent mortgages, the proceeds of which were used for major capital improvements as defined in Subsection B of this section, fuel, utilities, taxes, sewer user charges, maintenance and repairs, a management fee not to exceed 5% of gross rents, and related charges. Management fees may be allowed as an expense, whether paid to the landlord or a management company. For good cause shown, the RLO may grant either an increase in the rent charged or permit the landlord to receive a surcharge to be collected for a specified period of time only in order to enable the landlord to earn said fair rate of return.
B.
Major capital improvement surcharge.
(1)
A major capital improvement consists of a substantial change in the
housing accommodations such as would materially increase the rental
value in a normal market and will provide tenants with a benefit or
service which they had not previously enjoyed. Replacement of facilities,
materials or equipment so as to maintain the same level of services
as previously provided or bargained for shall not constitute a major
capital improvement.
(2)
Major capital improvement adjustment.
(a)
A landlord may seek a rent surcharge for a major capital improvement.
Any landlord seeking a major capital improvement surcharge shall apply
to the Rent Leveling Officer and pay the application fee of $75 per
unit, via the above proposed application, which the RLO shall, upon
a showing of satisfactory proof, determine if said improvement is
a major capital improvement and, if so, shall permit such surcharge.
In no event shall any surcharge permitted under this section exceed
the annual cost of the capital improvement per room multiplied by
the number of rooms occupied by the tenant, or exceed 15% of the tenant's
base rent, whichever is the lesser. The surcharge may be granted for
the entire premises or the particular units benefited by the improvement.
(b)
Any major capital improvement surcharge granted by the RLO shall
be paid in equal monthly installments over the period set by the RLO.
C.
No application filed pursuant to Subsection A or B of this section may be heard by the RLO unless the landlord shall have attached to his/her application proof under oath that he has given notice of same to all affected tenants by posting a copy thereof in the front lobby or entranceway to the premises and by mailing same at least two weeks prior to the first scheduled hearing of the matter by the RLO. Said notice, a copy of which shall be attached to said application, shall clearly set forth the content and basis of the application. Notice of application for relief pursuant to Subsection B of this section shall include the total cost of the completed capital improvement, the number of years of useful life of the improvement as claimed by the landlord for purposes of depreciation for income tax purposes, the actual cost of the improvement, the total number of square feet of the dwelling or unit affected, the total square feet occupied by the tenant, if applicable, and the capital improvement surcharge he is seeking from each tenant.
D.
No hardship or capital improvement increase or surcharge may be granted
unless the landlord shall have held title to the premises in question
for a period of at least one year prior to the date of his/her application
for said relief, unless, for good cause shown, the RLO waives this
requirement.
No application made pursuant to § 472-4A of this chapter may be heard by the Board unless attached thereto is an informational certificate or report of inspection issued by the New Jersey Department of Community Affairs or the Department of Housing Services pursuant to § 355-26 of this Code not more than 18 months prior to the date of said application. No such application may be approved by the Board unless the Board shall have first determined that there are no substantial violations of the health, safety or housing laws, codes or regulations of the Township of Irvington affecting said premises. In the event that said informational certificate or report of inspection discloses substantial violations of said laws, codes or regulations, the Board may approve such application; conditioned, however, upon the submission by the landlord within 180 days of said conditional approval of an informational certificate or report of inspection indicating that all of said violations have been corrected. Failure to submit said supplemental certificate or report within 180 days shall render any conditional approval void as of the date granted, and any hardship rent increase or surcharge collected during said period of time shall be returned forthwith to the tenant.
[Amended 9-11-2023 by Ord. No. MC 3841]
A.
In every dwelling containing five or more dwellings or rooming units,
or combination thereof, the owner shall provide and designate a superintendent
who shall be licensed by and registered by the State of New Jersey
to practice a trade (e.g., electrical, plumbing, building). The licensing
and registration requirement shall become effective January 1, 2023.
The superintendent information shall be submitted as part of the annual
rent registration. Whenever a licensed superintendent is no longer
associated with and/or responsible for a dwelling, the owner of the
dwelling has 45 days to replace the licensed superintendent with another
licensed superintendent as prescribed by this code, including the
requirement to be licensed as explained herein and detailed below.
(1)
The superintendent shall be licensed by and registered (on a building-by-building basis) with the Division of Neighborhood Services. Each license and registration shall be renewed annually. The license fee shall be $150 and payable to the Township of Irvington. The nonrefundable license fee shall be paid prior to the written examination required by Subsection A(2);
(2)
The Director of the Division of Neighborhood Services, as Public
Officer, shall establish reasonable rules and regulations to effectuate
the purpose of this chapter. The Public Officer shall provide for
a written examination reasonably related to the functions of superintendent
for each applicant for a license who has not held superintendent license
issued by the Township of Irvington within the past two calendar years.
The purpose of the written examination shall be to determine the qualifications,
competence and sense of responsibility of the applicant. Any applicant
failing to pass the written examination may request an additional
examination, which shall be given within 15 days of the request. No
fee shall be required for any subsequent examinations within one calendar
year of the initial application. All applicants for a superintendent
license must be able to read, write and speak English.
B.
In any premises containing 25 or more dwelling units, rooming units
or combination thereof, the superintendent shall be a full-time employee
and shall reside on the premises. Where more than one building on
adjoining premises or premises in close proximity to each other are
in common ownership or under common management or maintenance supervision,
the requirements contained in this subsection shall apply separately
to each building; provided, however, that if premises are commonly
owned or managed and are within 200 feet of each other as measured
from door to door along public streets between the two, and if the
manager or owner thereof can demonstrate to the satisfaction of the
Rent Control Officer or his authorized representative that operation
of both premises and all essential services and facilities as required
under this chapter or other ordinances can be provided for both of
such premises by a single resident superintendent, janitor, caretaker
or housekeeper who shall reside in one of such premises, the Rent
Control Officer may, in his discretion, allow one such person to act
for both of such premises, which shall not constitute more than two
in number.
C.
The owner or operator of premises required to have a licensed superintendent by Subsection A shall register the name, address and telephone number of the licensed superintendent and shall indicate the premises to which he is assigned as well as the duties which the superintendent is normally required to perform. This information shall be posted at all times in a conspicuous place in a common area on the premises and shall have been made available to all tenants. The name, address and telephone number of an alternative individual who shall be responsible for the superintendent's duties in his absence is also subject to the above requirements. No fee is required for registration.
D.
The superintendent shall have sufficient knowledge, competence and
responsibility and shall have authority from the owner or operator
to attend to or arrange for continual operation of all essential services
and facilities required under this chapter. The superintendent shall,
at all times, maintain the premises in compliance with this chapter
and shall be regularly available on the premises to perform his duties.
The superintendent shall provide adequate and proper janitorial service
at all times for the purpose of keeping the premises in a clean and
sanitary condition and shall have removed daily, on a regular schedule,
at a reasonable time, all garbage, litter, debris and other household
refuse from the premises and place the same out for collection. As
agent of the property owner, any failure of the superintendent to
act in compliance with Township ordinances shall be the responsibility
of the property owner.
In order to administer the provisions of this chapter, the prior
authority exercised under the auspices of the Rent Leveling Board
within the Town of Irvington shall be exercised by the Rent Leveling
Officer.
No landlord of dwelling units to which this chapter is applicable
shall do, or cause to be done, any act or thing with the intent to
cause a tenant to vacate said dwelling unit in order that said dwelling
unit shall become vacant and no longer subject to this chapter as
provided by § 151-3E hereof.[1] In any proceeding instituted by a tenant under this section,
the reduction of standards of service, maintenance, health and safety
conditions, furniture, furnishings or equipment in and for said dwelling
unit shall create a rebuttable presumption that the act or thing done
or caused to be done by the landlord was done with the intent to cause
said tenant to vacate said dwelling unit.
[1]
Editor's Note: Former § 151-3E, pertaining to dwelling
units available for occupancy on or after July 1, 1981, was repealed
4-9-1985 by Ord. No. MC 2777.
[Added 12-26-2023 by Ord. No. MC 3853]
A.
Any tenant
who receives a notice of eviction pursuant to Section 3 of P.L. 1974,
c .49 (N.J.S.A. 2A:18-61.2), that results from zoning or code enforcement
activity for an illegal occupancy, as set forth in Paragraph (3) of
Subsection g of Section 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.1),
shall be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner-landlord of the structure shall
be liable for the payment of relocation assistance pursuant to this
section.
B.
If the Township must provide relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection A of this section from a revolving relocation assistance fund established pursuant to Section 2 of P.L. 1987, c. 98 (N.J.S.A. .20:4-4.1a), all relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed and collected under Section 1 of P.L. 1983, c. 536 (N.J.S.A. 20:4-4.1) and Section 1 of P.L. 1984, c. 30 (N.J.S.A. 20:4-4.2). These repayments shall be deposited into the municipality's revolving relocation assistance fund.
C.
In addition to requiring the relocation assistance pursuant to Subsection A of this section, the landlord shall also pay an additional fine for zoning or housing code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the municipality by the owner-landlord of the structure.
D.
In addition
to this penalty, the Township may, after affording the owner-landlord
an opportunity for a hearing on the matter, impose upon the owner-landlord,
for a second or subsequent violation for an illegal occupancy, a fine
equal to the annual tuition cost of any resident of the illegally
occupied unit attending a public school, which fine shall be recovered
in a civil action by a summary proceeding in the name of the municipality
pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274
)N.J.S.A. 2A:58-10 et seq.). The Municipal Court and the Superior
Court shall have jurisdiction of proceedings for the enforcement of
the penalty provided by this section. The tuition cost shall be determined
in the manner prescribed for nonresident pupils pursuant to N.J.S.A.
18A:38-19, and the payment of the fine shall be remitted to the appropriate
school district.
E.
For the
purposes of this section, the owner-landlord of a structure shall
exclude mortgagees in possession of a structure through foreclosure.
For the purposes of this section, a second or subsequent violation
for an illegal occupancy shall be limited to those violations that
are new and are a result of distinct and separate zoning or code enforcement
activities and shall not include any continuing violations for which
citations are issued by a zoning or code enforcement agent during
the time period required for summary dispossession proceedings to
conclude if the owner has initiated eviction proceedings in a court
of proper jurisdiction.
The Rent Leveling Officer shall have the following powers:
A.
To promulgate such rules and regulations as he/she deems necessary
to implement the purposes of this act, which rules and regulations
shall be approved by the Township of Irvington Council and have the
force of law until revised, repealed or amended from time to time
by the resolution of the Township of Irvington Council, in the exercise
of his/her discretion.
B.
To supply information and assistance to landlords and tenants to
enable them to comply with the provisions of this chapter.
C.
To hold hearings and adjudicate applications by landlords for additional
rent or surcharges.
D.
To hold hearings and consider complaints by tenants that the premises is not in substantial compliance with the health, safety and housing laws, codes and regulations of the Township of Irvington. In the event that the Board determines that substantial violations of said laws, codes and regulations exist, it may order the return to the tenant of all or any portion of the increase provided for in § 472-1A and B hereof; provided, however, that before ordering any such return of rent, the Board shall afford the landlord 90 days within which to abate such violations.
E.
To hold hearings and consider complaints that a landlord has violated § 472-8 of this chapter. For good cause shown, the Board may order that said dwelling unit shall remain or again become, as the case may be, subject to the provisions of this chapter for such period of time as the Board considers just, the provisions of § 151-3E notwithstanding.[1]
[1]
Editor's Note: Former § 151-3E, pertaining to dwelling
units available for occupancy on or after July 1, 1981, was repealed
4-9-1985 by Ord. No. MC 2777.
F.
To employ an attorney to attend meetings and advise and represent
the RLO, and such other consultants, including a certified or public
accountant, as the RLO may deem necessary or advisable upon approval
of the Rent Leveling Board.
G.
To issue fines for any violations of Township Code, to rescind a
certificate of habitability, certificate of occupancy and/or take
any other action permitted under applicable code enforcement/housing/building
construction state or local laws, rules and regulations. In such instances
where the RLO shall pursue fines against a landlord for violations
and/or noncompliance with a ruling of the RLO, the RLO shall seek
restitution damages for the Township for any cost(s) incurred outside
the normal operations of the RLO and/or any additional staff of the
Township of Irvington to address the violation(s) and/or noncompliance.
H.
To afford both landlords and tenants reasonable opportunity to be
heard before making any determination.
I.
Landlord property/unit registration.
(1)
Between the first Monday in January and the first Friday in March
of each calendar year, all owners and/or landlords of dwellings shall
file with the Township of Irvington Department of Housing and Building
Construction a new landlord registration statement for each dwelling
unit owned. An owner and/or landlord who purchases a dwelling on or
after April 1 of any year shall file a landlord registration statement
within 30 days of purchase. Owner(s) and/or landlords(s) entitled
to an increase in the base rent as a result of improving vacant housing
spaces shall immediately file an amended landlord registration statement.
(2)
Every owner and/or landlord shall, within 90 days following the effective
date of this subsection or the creation of the first tenancy in any
dwelling containing five or more housing spaces, whether or not subject
to the restriction of rent increases in this chapter, file a landlord
registration statement with the Department of Housing and Building
Construction containing the following information.
(a)
The name and address of the record owner or owners of the dwelling
and the record owner or owners of the rental business if not the same
person.
(b)
If the record owner is a corporation, the name and address of
the registered agent and corporate officers of the corporation.
(c)
If the address of any record owner or owners is not located
in the County of Essex, the name and address of a person who resides
in the County of Essex or has an office in the County of Essex and
is authorized to accept notices from tenants and to issue receipts
for notices from tenants to accept services of process on behalf of
the record owner or owners.
(d)
The name and address of the managing agent of the dwelling,
if any.
(e)
The name and address, including the dwelling unit, apartment
or room number of the superintendent, janitor, custodian or any other
individual employed by the record owner or managing agent to provide
regular maintenance service if any.
(f)
The name, address and telephone number of any individual representative
of the record owner or managing agent who may be called at any time
in case of an emergency affecting the dwelling or any housing space
within the dwelling, including such emergencies as the failure of
any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair to the
building or expenditure in connection with the building.
(g)
A list of the base monthly rents of each housing space, by apartment
or room number, within the dwelling as of the date of registration.
(h)
Provided the owner/landlord file the required rent registration between the dates provided in Subsection I(1) there shall be no charge.
(i)
If the owner/landlord fails to file the required rent registration
on or before the first Friday in March of each calendar year, he/she
shall be subject to a registration fee of $300 per property to register
the rent(s) for the property. If the owner/landlord fails to file
the required rent registration on or before the first Monday in July
of each calendar year, a registration fee of $500 per property shall
be charged to file the rent registration.
(j)
Landlords are required to conspicuously post the rent registration
license for each property in a common area(s) of each building. Landlords
who fail to conspicuously post the rent registration license are subject
to a fine of $100 for failing to post the notice.
J.
Nonregistration penalty.
(1)
Failure to register fee:
(a)
The Tax Collector shall add a special charge of $1,000 to the
annual tax bill as a penalty to any property subject to this chapter
if the owner/landlord fails to file a rent registration for their
property on or before the first Friday in March. Failure to pay such
special charge(s) shall result in the property being listed on the
annual tax sale and a possible lien being attached to the property.
(b)
The Tax Collector shall add a special charge of $1,500 to the
annual tax bill as a penalty to any property subject to this chapter
if the owner/landlord who fails to file a rent registration for their
property on or before the first Friday in July. Failure to pay such
special charge(s) shall result in the property being listed on the
annual tax sale and a possible lien being attached to the property.
Decisions of the RLO may be appealed to the Rent Leveling Board,
which shall consistent of the seven-member Township of Irvington Municipal
Council. Any appeal(s) of the RLO must be filed, in writing, with
the Council Clerk within 30 days of the date of the written decision.
Any appeal upon a decision by the Municipal Council shall be appealable
to the New Jersey Superior Court in Essex County, within 45 days of
the date of the Council's written determination, pursuant to its rules
governing administrative appeals.
Upon the filing of an application for relief to the Rent Leveling
Board, the applicant shall pay the following fees:
A.
For hardship or capital improvement relief, the fee shall be $5 per
dwelling unit, but not less than $25 nor more than $200.
B.
For all other applications or complaints, the fee shall be $10.
C.
The fee for a copy of this chapter shall be $2.50.
D.
The fee for a copy of the hardship application forms shall be $2.
A willful violation of any provision of this chapter, including but not limited to the willful filing with the RLO of any material misstatement of fact, shall be punishable as provided in Chapter 1, Article III. A violation affecting more than one dwelling unit shall be considered a separate violation as to each such dwelling unit. If a landlord has been in violation of the chapter, then the tenants shall have a remedy to receive a refund for an over charge retroactive to two years from the date of the complaint. The RLO (or any designee) shall have the authority to issue all penalties outlined in this chapter for any violation or noncompliance with this chapter.
This chapter, being necessary for the welfare of the inhabitants
of the Township of Irvington, shall be liberally construed to effectuate
the purposes thereof.
Any complaint by a tenant respecting a violation of this chapter shall be in writing and filed with the Rent Leveling Board within one year from the date of the violation; provided, however, that complaints filed pursuant to § 472-8 shall be filed within 60 days of the date of the last act or thing alleged to violate said section. Failure to file within the aforesaid periods shall bar the acceptance of the complaint by the Board.
Ordinance No. MC 2597 is hereby repealed.
