The cost of housing in New Jersey, including rental housing,
constitutes one of the most substantial financial challenges faced
by residents of this state, and a substantial number of New Jersey
renters pay more than 35% of their household income on rent. Due to
the summary nature of landlord-tenant proceedings, limited discovery,
case-by-case determinations of unconscionability, disparity in bargaining
power, and limited precent setting forth a bright line standard for
unconscionable rent increases, residential tenants, including tenants
that reside in mobile homes, are limited in their ability to dispute
a rent increase, which for many tenants has exceeded 9%. Therefore,
to protect the health and well-being of residential tenants, it is
in the public interest to establish a reasonable limitation on annual
rent increases for tenants that live in rental housing commonly known
as "mobile homes."
For the purpose of this chapter, the terms used herein are defined
as follows:
COVERED DWELLING UNIT
A structure, or a room or a group of rooms within a structure:
A.
Offered for rent by a landlord for residential purposes, other
than a dwelling unit in an owner-occupied premises of not more than
three dwelling units;
B.
That is rented to a residential tenant for their principal place
of residence; and
C.
That is a mobile home rental space.
LANDLORD
Any person or entity who rents or leases or offers to rent
or lease a covered dwelling unit, for a term of at least one month,
dwelling units, except dwelling units in owner-occupied premises of
not more than three dwelling units, or in hotels, motels or other
guest houses serving transient or seasonal guests. "Landlord" includes
a person or entity who rents or leases or offers to rent or lease,
for a term of at least one month, mobile home pad space for living
or dwelling purposes in a mobile home park.
MOBILE HOME PARK
A parcel of land, or two or more contiguous parcels of land,
containing at least 10 sites equipped for the installation of mobile
homes, where these sites are under common ownership and control, other
than as a cooperative, for the purpose of leasing each site to the
owner of a mobile home for the installation thereof, and where the
owner provides services, which are provided by the municipality in
which the park is located for property owners outside the park, which
services may include, but shall not be limited to:
A.
Construction and maintenance of streets;
B.
Lighting of streets and other common areas;
E.
Provision for the drainage of surface water from home sites
and common areas.
MOBILE HOME RENTAL SPACE
That portion of a trailer or mobile home park rented or offered
for rent for the purposes of parking a trailer or mobile home for
living and dwelling purposes to one individual or family unit, together
with all privileges, services equipment, facilities and improvements
connected with the use or occupancy of such portion of the property.
Mobile home rental spaces which are vacant or are newly constructed
and rented for the first time are exempted, and the initial rent may
be determined by the owner. All subsequent rents will be subject to
the provisions of this chapter.
TENANCY
The lawful occupation of a dwelling unit and includes a lease
or sublease, oral or written.
The Township Housing Inspector is specifically granted authority
to sanction violations of this chapter by a summons in Municipal Court
or any other court permissible by law.
A willful violation of any of the provisions of this chapter
shall be punishable by a fine of not more than $2,000 or imprisonment
for not more than 90 days, or both. A violation affecting more than
one rental space shall be considered a separate violation as to each
rental space.