[HISTORY: Adopted by the Board of Commissioners of the City
of Union City Ord. No. 1996-1 (Ch. XIV of the 1996 Revised General Ordinances); amended
in its entirety 11-6-2019 by Ord. No. 2019-26. Subsequent amendments
noted where applicable.]
A.
The character of the City of Union City has changed over the years;
the governing body has revised and amended the rent leveling ordinance
to reflect those changes.
B.
The original rent control ordinance was enacted in response to a
housing emergency crisis which existed in the early 1970s.
C.
The history of rent control and housing within Union City discloses
that since that time, through the early 2000s, the economic conditions
in the City's housing market changed so that it was no longer
in the public interest to maintain rent control on all types of residential
units and the rent control ordinance was amended so that rent control
no longer applied to residential properties of three units or less,
and six units or less if owner-occupied. The intent being to encourage
owner-occupancy.
D.
Housing conditions in the City have again changed. The Board of Commissioners
of the City of Union City does hereby declare that an emergency exists
within the City with respect to rental housing space. This emergency
has been created by housing demolitions, deterioration of a substantial
portion of the existing housing stock, insufficient new housing construction,
increased cost of construction and finance, growing inflation and
absence of a competitive housing market. This has caused a substantial
and increasing shortage of affordable rental housing accommodations
for families of low and moderate income and abnormally high rents.
Therefore, residents who are an integral part of the City are having
difficulty finding housing that is affordable. It is in the public
interest to have a cross section of people residing in Union City
across all socioeconomic backgrounds. An additional concern arises.
The fear of being evicted without just cause and being forced to seek
housing in such a market discourages Union City tenants from complaining
about exorbitant increases in rent and about the continued deterioration
of housing. Under the police powers granted to the City of Union City
and in order to protect the health, safety and welfare of the citizens
of the City of Union City, it is necessary to regulate, control and
stabilize rents.
E.
Unless residential rents of tenants are regulated and controlled,
there will be an inevitable housing crisis that will inevitably lead
to homelessness. In light of the current housing market, the City
hereby reaffirms the necessity for rent control to provide affordable
housing for all its residents and hereby amends the ordinance in accordance
with this need.
F.
It is further acknowledged that the Union City rent control ordinance
is a form of affordable housing, the purpose of which is to maintain
rental apartments that are affordable for mid- and lower-income residents
of the City. However, the conversion of apartments into condominiums
and cooperatives results in the removal of affordable housing from
the housing rental housing market within the City. In light of such
loss of affordable rentals, through conversion of rental units, the
City desires to continue the availability of affordable housing for
its residents. The City recognizes that there can be an inconsistency
between the statutorily authorized conversion of apartments and the
constitutional obligation to provide affordable housing. It is therefore
the desire of the City to address this inconsistency and meet both
its constitutional obligation while attending to the statutorily authorized
conversion of apartments. This inconsistency can be addressed in part
through affordable housing set-aside of converted units.
A.
Applicability. The terms of this chapter apply to individual dwelling
units within a building, including condominium or cooperative units
in the process of being converted, or having been converted, rather
than to an individual tenant occupying a dwelling unit. An agreement
for occupancy of the dwelling unit shall not circumvent the application
of this chapter by titling the agreement as other than a lease, such
as, but not limited to, a "use and occupancy agreement."
B.
Exceptions. This chapter shall not apply to:
(1)
Units in buildings that are owner-occupied and contain one, two or
three units. Units in buildings that are not owner-occupied and contain
one or two units. For clarification, see the below chart:
|
Units in Building
|
Owner-Occupied Building
|
Non-Owner-Occupied Building
|
|---|---|---|
|
1
|
This chapter does not apply
|
This chapter does not apply
|
|
2
|
This chapter does not apply
|
This chapter does not apply
|
|
3
|
This chapter does not apply
|
This chapter applies
|
(2)
Three-family buildings.
(a)
Owners of three-family buildings, claiming exception from this
chapter, as part of their registration, must file an affidavit stating
that they reside in the building and comply with the regulations established
by the Rent Stabilization Board, which regulations shall set forth
criteria to establish proof of residency. The affidavit shall be in
a form provided by the office of the Rent Board Administrator. Additional
criteria may be requested by the Board at any hearing regarding this
section. The burden remains on the owner to demonstrate owner-occupancy.
(b)
Rental units in three-family buildings that become owner-occupied
after April 1, 2018, shall only become exempt from the protections
of the rent control ordinance, upon the tenant, who resided in one
of the non-owner-occupied units in the building prior to the occupancy
by the owner, vacating the unit.
(c)
The property owner-occupier of a three-family building, prior
to entering into any lease with a person for tenancy of the exempted
rental, shall furnish the prospective tenant with a written statement
that the rental unit is exempt from this chapter. The owner shall
file a copy of this statement with the Rent Control Office. Each lease
offered to a prospective tenant for any rental unit therein during
the exemption period shall contain a provision notifying the tenant
of the exemption.
(3)
Condominiums and cooperative units which are rented are not exempt
from this chapter, and the residence of the owner of said units, or
the number of units the landlord owns in the building, shall not be
a basis for exemption under this section, except for the unit in which
the owner resides.
(4)
Motels, hotels and similar type building and buildings intended for
transient use, floor space used strictly for commercial purposes in
any type building, including state-licensed rooming houses. Dwelling
units rented for the first time after the adoption of this chapter
are exempt, and the initial rent may be determined by the landlord,
but all subsequent rents shall be subject to the provisions of this
chapter.
(5)
New construction, consistent with N.J.S.A. 2A:42-84.1 et seq., shall
be exempt from this chapter, as follows:
(a)
The owner of a newly constructed dwelling and the owner of newly constructed housing space which is rented for the first time shall not be restricted in the initial rent charged, provided that the owner has registered the rent with the Rent Leveling Board. Except as provided in Subsection C of this section, any subsequent rental increases shall be subject to the provisions of this chapter.
(b)
Permits as required by law are to be secured from all agencies
having control and jurisdiction. All work must adhere to appropriate
code standards and must be inspected by all agencies having control
and jurisdiction and their approval obtained. A certificate of occupancy
must be secured as required by law.
(c)
In accordance with N.J.S.A. 2A:42-84.1 et seq., L. 1987, c.
153, the provisions of this chapter shall not apply to a new dwelling
which is constructed after June 25, 1987, and which is not constructed
for occupation by senior citizens, for a period of time not to exceed
the period of amortization of any initial mortgage loan obtained for
the dwelling, or for 30 years following completion of construction,
whichever is less. This exemption applies only where an owner complied
with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including
the filing with the municipal construction official required by N.J.S.A.
2A:42-84.4 and the service of a written statement upon the tenant
required by N.J.S.A. 2A:42-84.3.
(6)
Units receiving state or federal subsidies directly to the owner
and where federal preemption from local rent control is ordered by
the United States Department of Housing and Urban Development pursuant
to federal law or regulation. The burden is on the property owner
to demonstrate the preemption. Once the grounds for preemption are
no longer in effect, the unit will be protected in accordance with
this chapter. The base rent for the unit will be set at the amount
of rent established in accordance with the federal regulations. Section
8 housing does not exempt a unit from the provisions of this chapter.
(7)
Five- and six-unit buildings, that were owner-occupied at the time
of the adoption of Ordinance No. 17-_____ are hereby recognized as
still exempt from the rent control ordinance, as long as the owner
that owned and occupied the building at the time of the ordinance
amendment, on July 18, 2017, and continues to owner-occupy the property;
and four-unit buildings that were owner-occupied at the time of the
adoption of Ordinance No. 18- _____ on April 3, 2018, are hereby recognized
as still exempt from the rent control ordinance, as long as the owner
that owned and occupied the building at the time of the ordinance
amendment continues to owner-occupy the property. When the owner occupying
a property, as referenced herein, vacates an exempt building, the
property shall become subject to this chapter.
[Added 6-7-2023 by Ord. No. 2023-69]
C.
Existing tenants; establishment of base rent. Existing tenants will
continue to be protected by rent control while they remain in their
units. For these tenants, a landlord must still comply with the requirements
of this chapter. All rents established by landlords and tenants on
March 1, 1973, and any subsequent increase shall represent the base
rent from which permitted increases are calculated.
D.
Tenure of rent stabilization. This chapter shall remain in effect
until the Board of Commissioners determines, by ordinance, that rent
control is no longer necessary in the City of Union City and that
it is in the public interest to permit the unrestrained operation
of the competitive rental market.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit is fit for habitation as defined by the statutes,
codes and ordinances in full force and effect in the City, and is
occupied, or unoccupied and being offered for rent.
The Rent Stabilization Board.
A permanent improvement, including a major additional service,
that adds to value or substantially extends the useful life of the
landlord's property and can be claimed by the landlord for depreciation
on his or her federal tax returns. The improvement is not a replacement
or improvement to cure a code violation. Specifically excluded are
ordinary repairs, maintenance and conversion of common utilities for
individual apartments.
That the housing space and dwelling are free from all heat,
hot water, elevator and all health, safety and fire code violations
as well as free of all other violations of the chapter, the Property
Maintenance Code and other applicable federal, state, county or local
laws or regulations.
The owner, or representative of the owner, of property containing
dwelling units covered by this chapter, who proposes to or takes any
action for the purpose of effecting a conversion of such property
or dwelling units, from some other form of ownership into a cooperative
or condominium form of ownership.
A cooperative housing association or corporation which entitles
the holder of a membership interest therein to possess and occupy
a unit of dwelling space owned and leased by such association or corporation.
The Division of Housing and Urban Renewal of the New Jersey
State Department of Community Affairs.
Any building or structure, including land, cooperative apartments
and condominium apartments, or trailer, or land used as a trailer
park, rented or offered for rent to one or more tenants or family
units. Furnished rooms are subject to the terms of this chapter notwithstanding
the fact that furniture is provided by the landlord and/or rent is
paid on a weekly or biweekly basis.
Any unit used for residential purposes, including both rental,
cooperatively owned and condominium units.
The value of the residential portion of real property, calculated
by dividing the assessed value of the property for municipal tax purposes,
by the equalization ratio published by the Director of the Division
of Taxation of the State of New Jersey, and multiplying the result
by the fraction of the square footage of the floor area of the building
and the area of the adjacent lot used for residential purposes, including
corridors, storage space, stairwells and other such uses required
in residential space, over the total square footage of the floor area
of the building and the area of the adjacent lot, with areas used
in common being allocated according to the same proportion.
Combinations of building units or tenants which shall be
recognized and permitted to proceed jointly if the Board finds a sufficient
common basis of interest, facts or related connection; but such representation
shall be established by appropriate landlord, tenants or others with
such direct interest in the premises. Persons without such direct
interests shall not represent a landlord, tenants or others, nor shall
the unauthorized practice of law or other profession be authorized
or permitted.
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.
Includes a garage, carport or parking space, which is a service
associated with the residential housing space, whether or not it is
explicitly included in the agreement for the rental of housing space.
The fact that the garage, carport or parking space is owned by an
entity separate from the owner of the residential dwelling is not
determinative of whether the garage, carport, or parking space is
associated with the residential housing space.
That the landlord recovered possession of a housing space
or dwelling for one of the reasons outlined in N.J.S.A. 2A:18-61.1,
as amended, and in conformity with the provisions of this chapter,
as amended. Removal of a tenant due to a change in ownership is not
permissible unless said removal is done in accordance with N.J.S.A.
2A:18-61.1.
As used in this chapter, the person who owns or purports
to own any building, structure or complex of buildings or structures
in which there is rented or offered for rent housing space for living
or dwelling purposes under either a written or an oral lease, provided
that this definition shall not include owner-occupied two- and three-family
dwelling premises.
The amount of total rentable space applicable to any given
housing space, measured either in terms of rooms or square footage.
Maintenance costs include real estate taxes, utility expenses,
expenses for repairs, upkeep and maintenance respecting a dwelling
unit, but shall not include principal or interest payments on any
blanket encumbrance or other mortgage or encumbrance.
A permanent improvement that is reasonably expected to last
more than three years. The improvement must benefit the dwelling and
must be subject to an allowance for depreciation under federal income
tax provisions, but the Rent Stabilization Board, taking all factors
into consideration, will make the ultimate determination.
The annual maintenance costs divided by 12.
An owner of the premises that has one of the units, on the
premises, as his or her principal residence. In the event a legal
entity claims to be an owner occupant, all shareholders, partners
or members of the entity must have a unit or units, on the premises,
as their principal residence.
A tract of land with the structures on it.
The place in which a person resides at least 183 days of
the year and at which such person regularly carries on basic living
activities at the dwelling place. For the purposes of this chapter,
a person may have only one principal place of residence. In determining
if a person occupies a dwelling unit as their principal residence,
that person must produce the following so that the Rent Control Board
can make a determination:
Whether a person carries on basic living activities at the dwelling
place;
Whether any of those that reside in the unit maintain another
dwelling place, and, if so, the amount of time that the person spends
at each dwelling place;
Whether the person has filed for and received a homestead rebate
for homeowners for the dwelling place or any other dwelling place;
Whether the person maintains utility services in his/her name
at the dwelling place and whether the utility bills in the person's
name are actually paid by the person;
Whether all those that reside in the unit are a registered voter
at the dwelling place;
Whether the vehicle registration, driver's license or identification
card of all those that reside in the unit contains the address of
the dwelling;
Whether the people receive mail at the dwelling place and at
other locations; and
Any other relevant factors as determined by the Board.
Any price for the use of a housing space. It includes any
charge, no matter how set forth, paid by the tenant for the use of
any service in connection with the housing space. Security deposits
and charges for accessories, such as boats, mobile homes and automobiles,
not used in connection with the housing space shall not be construed
as rent. No charges shall be permitted for additional rent, whether
termed a late rental fee, attorneys' fee, interest on rent paid late,
or any other fee, returned check fees, or any other similar charges
in excess of $25.
The notice forwarded by the landlord to the tenant, or by
the tenant to the landlord, by letter or in any other form, setting
forth the proposed amount of rent increase, rent decrease or other
rent adjustment. Each such notice shall state in detail the reasons
justifying or requiring the rent increase, rent decrease or other
rent adjustment. A landlord/owner is prohibited from commencing an
eviction proceeding against a tenant for failure or refusal to pay
a rent increase unless and until this provision has been complied
with.
The statement which the landlord shall be required to sign
and deliver to each tenant at the inception of the tenancy, identifying
the name and address of the landlord, if the record owner is a corporation
or limited liability company, the name and address of the corporate
officers or members of the limited liability company, and agent, if
any, identifying the name, address and telephone number of the superintendent,
if any, providing a twenty-four-hour emergency telephone number for
the landlord or his or her agent. The rental statement shall also
describe the housing space rented, the related services and equipment
involved, whether such include the use of the basement, garage, parking
space, clotheslines, washing equipment, utilities, heat, hot water,
garbage removal, repairs, maintenance and the like, the base rent
and charge as of March 1, 1973, or other applicable date and notification
of the existence of the rent control ordinance.
Resale of a dwelling unit means any sale subsequent to the
original sale thereof.
The Rent Stabilization Board Secretary.
The provision of light, heat, hot water, maintenance, painting,
elevator service, air conditioning, storm windows, screens, parking,
superintendent service and any other benefit, privilege or facility
connected with the use or occupancy of any dwelling or housing space.
The regulations that apply to the landlord and tenant under
this chapter shall also apply, wherever appropriate, to the tenant/subtenant
relationship and any other rental tenancy unless otherwise expressly
excluded.
A structure which is completely vacant and unfit for human
habitation as defined by the statutes, codes and ordinances in full
force and effect in the State of New Jersey, County of Hudson and
City of Union City.
A.
Established. The Rent Stabilization Board, consisting of five members
as hereinafter established, is hereby continued in existence and maintained
as the Rent Stabilization Board of Union City.
B.
Composition; terms.
(1)
The Board shall consist of five members who shall be appointed by
the Board of Commissioners by resolution adopted by a majority vote
of the Commissioners. For reasons of continuity and in the best interests
of the public, the terms of the first members appointed pursuant to
this subsection shall be staggered terms of one-, two-, three-, four-,
and five-year term appointments.
(2)
Thereafter the term of office of the members of the Board shall be
for five years each. Each member shall serve without compensation,
but each shall receive such expenses and per-diem allowances as the
Board of Commissioners, from time to time, may deem appropriate. The
Board shall select a Chairperson and a Vice Chairperson from among
its commissioners. The Chairperson shall preside at all hearings.
C.
Alternate members. In addition to the five members of the Rent Stabilization
Board, the Board of Commissioners, as it deems necessary, may appoint
two alternate members to the Rent Stabilization Board, by resolution
adopted by a majority vote of the Commissioners. The term of an alternate
member shall be for one year. If any vacancy should occur among the
regular members, then the Board of Commissioners may appoint either
of the alternate members to fill the unexpired term. An alternate
member shall be entitled to sit with, and participate as a member,
in any meeting of or hearing before the Board. An alternate member
who has attended the full hearing or hearings on a specific matter
may participate in, and may vote upon, any determination made during
the absence or disqualification of any regular member.
D.
Disqualification of member. No member or alternate member of the
Rent Stabilization Board shall be permitted to act on any matter in
which that individual has, either directly or indirectly, any personal
or financial interest.
E.
Powers of Board. The Rent Stabilization Board is hereby granted and
shall have and exercise all the powers necessary and appropriate to
carry out and execute the purposes of this chapter, including, but
not limited to, the following:
(1)
To issue and promulgate such rules and regulations as it deems necessary
to implement the purpose of this chapter, including, but not limited
to, the use of subpoenas, which rules and regulations shall have the
force of law until revised, repealed or amended, in its description,
providing that such rules are filed with the City Clerk. The City
Board of Commissioners may reject any regulation within 45 days of
its filing with the City Clerk.
(2)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
(3)
To hold hearings and adjudicate applications from landlords for adjustments
or additional rental, as herein provided.
(4)
To hold hearings and adjudicate applications from tenants for adjustment
or reduced rental, as herein provided.
(5)
To approve and accept a settlement or other agreement on the subject
matter of a dispute between a landlord and tenant.
(6)
To require a landlord to produce for examination his/her books, records,
tax returns, balance sheets, profit and loss statements and such other
records as the Board may require in connection with any application,
hearing, proceeding or purpose, as set forth herein.
(7)
The Rent Stabilization Board, upon an application by a landlord or
tenant or upon its own motion, may set a date for a hearing, consider
proofs and grant, deny, modify or otherwise adjust all rentals, by
increasing or decreasing same, and the Board may make such determinations
as to conditions, services, equipment, terms and related matters pertaining
to rentals and controlled premises as may be warranted within the
intent and purview of this chapter and applicable state laws.
(8)
There shall be no limitation on how far back a property owner will
be required to provide a rent rebate to a tenant, in the event there
is a determination by the Board or Rent Regulation Officer that a
tenant is entitled to a rebate.
F.
Quorums. A quorum for hearing shall consist of three members or alternate
members, and a majority shall be authorized to issue orders relating
to the powers and functions of the Board.
A.
Rent Regulation Officer; duties.
(1)
Position created. There is hereby created the position of Rent Regulation
Officer in the Department of Revenue and Finance.
(2)
Qualifications. The Rent Regulation Officer shall be appointed by
and under the direction of the Director of the Department of Revenue
and Finance.
(3)
Duties. The duties of the Rent Regulation Officer shall be as follows:
(a)
To obtain, keep and maintain all relevant records and other
data and information.
(b)
To supply information and assistance to landlords and tenants
and to bring together tenants and landlords in formal conferences
and suggest resolutions of conflicts between them in order to assist
them in complying with the provisions of this chapter.
(c)
To notify landlords that there is no record of compliance by
the landlord with the provisions of this chapter.
(d)
To remedy violations of this chapter by ordering rebates and
increases and bring appropriate legal charges as provided by this
chapter.
(e)
To accept and process complaints from tenants of illegal rental
increases and to investigate such complaints prior to any decision
being rendered.
(f)
To accept, process, review and investigate applications from
landlords for rental increases or surcharges under the hardship increase
or capital improvement recovery sections of this chapter.
(g)
To coordinate and supervise all staff associated with the operation
of this chapter.
(h)
To attend all meetings of the Rent Stabilization Board.
(i)
To perform such other duties as the Rent Stabilization Board
may specifically direct and as allowed by this chapter.
(j)
To process all complaints regarding the withholding of certain
residential units from the rental housing market with the City and
forward them to the Construction Code Official or his/her duly appointed
designee, whose responsibility shall be to conduct an investigation
in accordance with law. Upon completion of such investigation, a report
shall be issued to the Rent Regulation Officer, who shall be authorized
to issue a complaint in accordance with the above section.
(k)
To conduct rent calculations to determine the correct rent to
be applied to a dwelling unit. In making his or her calculation, the
Rent Regulation Officer shall utilize the earliest recorded rent registration
filed with the Rent Control Office or, in the event a rent calculation
was performed by the Rent Control Office, the most recent rent calculation
performed by the Office. The permissible annual adjustments will be
applied to the rent set forth on the first registration statement
or rent calculation. There shall be no rent increase applied to the
rent for those years that the landlord failed to file a registration
statement. This provision is retroactive to the date of the first
registration statement filed with the Rent Control Office. In addition
to conducting a rent calculation, the Rent Regulation Officer shall
determine whether there was an overcharge in rent to the tenant as
a result of the illegal rent. In the event there was an overcharge,
the landlord shall refund to the tenant the amount of the overcharge,
within 10 days of notice from the Rent Regulation Officer, or from
any appeal from the Rent Regulation Officer's determination.
In the event a refund is not made within 10 days, the Rent Board and
its agents may authorize the tenant to take the refund as a credit
against future rent or, in the alternative, file a civil action in
the Superior Court for damages. Any overcharge rent calculation by
the Rent Regulation Officer shall run with the property and, in the
event the property is sold, the successor owner shall also be responsible
for the refund.
(4)
Compensation. The Rent Regulation Officer shall receive such compensation
as established by the Board of Commissioners.
(5)
Term. The term of the Rent Regulation Officer shall be one year and
thereafter until a successor is chosen and qualifies.
(6)
Determination. Any determination of the Rent Regulation Officer under
this section or such duties as may be delegated to him/her by the
Rent Stabilization Board, by regulation, will be rendered by the officer,
in writing.
(7)
Appeal.
(a)
In the event an affected party wishes to appeal that determination, that party shall have 30 calendar days from the date of that decision to file a formal appeal of the determination with a fee as set forth in Chapter 155, Fees, of the Code of the City of Union City for each unit which is the subject of the appeal. The notice of appeal shall be forwarded to the Rent Leveling Office by ordinary and certified mail within that thirty-day period.
(b)
Upon receipt of the notice of appeal setting forth in detail
the grounds for the appeal and the required fee, the matter shall
be placed upon the Rent Stabilization Board agenda at the earliest
convenient date for determination. During the pendency of the appeal,
the rent for the subject unit shall be the rent as established by
the Rent Regulation Officer.
B.
Assistant Rent Regulation Officer.
(1)
Position created. There is hereby created the position of Assistant
Rent Regulation Officer in the Department of Revenue and Finance.
(2)
Qualifications. The Assistant Rent Regulation Officer shall be appointed
by and under the direction of the Director of the Department of Revenue
and Finance.
(3)
Duties. The duties of the Assistant Rent Regulation Officer shall
be to assist the Rent Regulation Officer in any and all matters which
may be required of him/her or delegated to him/her by the Rent Regulation
Officer, including those duties performed by the Rent Regulation Officer.
C.
Bilingual Principal Account Clerk/Typist, English and Spanish.
(1)
Position created. There is hereby created the office or position
of Bilingual Principal Account Clerk/Typist, English and Spanish,
in the Department of Revenue and Finance.
(2)
Appointment and salary. The appointment of the Bilingual Principal
Account Clerk/Typist, English and Spanish, shall be made by the Director
of the Department of Revenue and Finance. The person so appointed
shall be under the direction of the Director of the Department of
Revenue and Finance. The salary for this position shall be as set
forth by ordinance.
(3)
Qualifications. The qualifications of the Bilingual Principal Account
Clerk/Typist, English and Spanish, shall be as follows:
(4)
Duties. The duties of the Bilingual Principal Account Clerk/Typist,
English and Spanish, shall be:
(a)
To receive and categorize rent inquiries from tenants and landlords.
(b)
To prepare an agenda for Rent Stabilization Board meetings.
(c)
To schedule Rent Stabilization Board meetings and forward notification
of the dates and times of the meetings to the appointed members of
the Board and the Board's attorney.
(d)
To prepare and distribute legally required notification of the
meetings, such as newspaper advertisements, and the posting on designated
buildings involved in rent matters to be reviewed by the Board.
(e)
To calculate the proposed rent increases or reductions approved
by the Board.
(f)
To maintain files on all registered buildings covered under
the present rent stabilization ordinance.
(g)
To assist tenants and landlords on the method and categories
for which rent increases or reductions may be applied for and coordinate
such request with the Rent Stabilization Board attorney.
(h)
To interpret the provisions of the present rent stabilization
ordinance with the aid and assistance of the Rent Stabilization Board
attorney.
A.
Retention of professional services. In the event the Rent Stabilization
Board determines that a landlord or tenant's application for
relief contains calculations of a complex nature, then the Board,
in the interest of fairness and efficiency, may determine that the
services of professional experts are required to assist the Board
in evaluating and processing the application.
B.
Estimate of fee. Should the Board determine that professional assistance
is required, then the Board shall forthwith send a copy of the application
and supporting documents to any professional expert retained to assist
the Board in evaluating and processing the application. Within five
days of receipt thereof, the professional expert shall submit to the
Board and to the applicant an estimate of funds necessary to undertake
the professional services to be rendered.
C.
Escrow funds. The applicant shall forthwith deposit such funds in
an escrow account maintained by the City. The professional expert
shall submit vouchers for all reasonable and necessary fees for the
professional services rendered, which fees shall be paid from the
escrow account in the manner prescribed by N.J.S.A. 40A:5-16 through
40A:5-18 and the ordinances of the City of Union City. The professional
expert, at the time of submission of any such voucher, shall forward
a copy of same to the applicant.
D.
Appeal of fee. In the event that the applicant questions the reasonableness
of any such voucher, the applicant may make written protest of such
voucher to the Board. In no event shall the Board authorize the payment
of any voucher submitted pursuant to this section sooner than 10 days
after its submission. Any of the aforesaid moneys which are left in
the escrow account upon completion of the application shall be returned
to the applicant after the Board reaches its decision. Should additional
funds be required after the original funds are exhausted, such funds
as shall be necessary in the judgment of the Board shall be paid by
the applicant to the City and placed in the escrow account.
E.
Action upon application. The Board shall take no formal action on
any application unless and until all escrow funds have been deposited
with the City, and any time limitations set forth in this chapter
shall be extended until all such escrow funds are deposited with the
City.
A.
Opportunity to be heard. All interested persons shall be given the
opportunity to be heard, with or without counsel, except that the
Board, in its discretion, may limit repetitious testimony or ask that
a spokesperson for the tenants be appointed.
B.
The Rent Regulation Officer shall advise the appealing party of the
date of the initial hearing on an appeal of his or her determination.
The appealing party shall serve notice of the hearing date to the
nonappealing party by regular and certified mail, return receipt requested,
at least 20 days in advance of the hearing.
C.
Oral decision by Board. In the event the Board renders its decision
orally, immediately following the hearing the landlord shall notify
the tenants of the Board's decision if that decision affects
the rent or term of any tenancy. The notice shall be by regular and
certified mail, return receipt requested. Within 30 days thereof,
the landlord shall provide the Board with a copy of any notice served
upon any tenant. The Rent Stabilization Board shall not be required
to render its decision in writing unless requested to by the landlord
within 30 days of the hearing.
D.
Reserved decision. In the event the Board reserves decision, the
Board shall render a written decision within 45 days of the hearing
unless the Board, in its discretion, determines that an additional
hearing is necessary.
E.
Additional hearings. If an additional hearing is necessary, the Board
shall so notify the landlord within 20 days of the initial hearing.
A copy of the notice of hearing shall be posted conspicuously in the
lobby of the building. The landlord shall serve notice of the hearing
date to the tenant, by regular and certified mail, return receipt
requested, at least 20 days in advance of the hearing.
Either the landlord or a tenant may appeal the decision of the
Rent Stabilization Board. All decisions of the Board are final. Any
landlord or tenant wishing to appeal the decisions of the Board may
do so in the Superior Court of New Jersey pursuant to its rules and
procedures. The Board, on its own motion, may reconsider any of its
prior determinations, or those of the Rent Regulation Officer, upon
a finding that there is new evidence not readily available at the
time of the prior determination.
A.
Established; appointment.
(1)
There is hereby established within the Department of Public Affairs
the office of Tenants' Advocacy Attorney. The Tenants' Advocacy
Attorney shall be appointed by the governing body for the term of
one year or until a successor is appointed and qualified.
(2)
The Attorney shall be a duly licensed attorney at law and shall be
compensated by the Mayor and Board of Commissioners.
B.
Duties. The Tenants' Advocacy Attorney, among other duties,
shall:
(1)
Provide and distribute information to tenants regarding federal,
state and municipal laws affecting the rights and duties of landlords
and tenants.
(2)
Distribute information specifically dealing with tenants' legal
rights.
(3)
Write and publish information, pamphlets, leaflets or booklets providing
information on tenant/landlord rights and duties.
(4)
Operate a hotline to provide advice to tenants.
(5)
Promote, sponsor and organize tenants' rights workshops to disseminate
information between tenants and tenant groups in organizing to protect
tenants' rights.
(6)
Receive and forward to appropriate agencies of the City complaints
from tenants relating to the administrative action or inaction of
any department.
(7)
Give free advice and assistance to apartment dwellers in their dealings
with the City Rent Stabilization Board and/or before any court or
administrative tribunal as may be assigned by the appropriate official
of the City.
(8)
Receive rent calculations issued pursuant to tenant complaints, for
review.
A.
Rent control established. All units, unless otherwise specifically
exempted, shall be subject to the provisions of this chapter. Any
and all increases not in accordance with the provisions of this chapter
shall be refunded or credited to the tenant.
B.
Annual increases for covered units.
(1)
The maximum permissible annual rent increase is either 3.0% or the
amount equal to the percentage increase in the latest available consumer
price index for the New York-Northern New Jersey Metropolitan Area,
for the twelve-month period preceding the date of the notice of the
proposed rental increase, whichever amount is less.
(2)
Exception for qualified senior tenants.
(a)
The maximum annual permissible rent increase for a qualified
senior tenant is either 2.0% or the amount equal to the percentage
increase in the latest available consumer price index for the New
York-Northern New Jersey Metropolitan Area, for the twelve-month period
preceding the date of the notice of the proposed rental increase,
whichever amount is less.
(b)
A qualified senior tenant, eligible for this exception, is one
who satisfies all of the below criteria:
[1]
Sixty-two years of age or older, as established in N.J.S.A.
2A:42-84.1; and
[2]
Whose annual income combined with the annual income of all other
occupants of the unit does not exceed the combined annual income of
an applicant and spouse to be eligible for Pharmaceutical Assistance
to the Aged and Disabled "PAAD" except for a caregiver employed to
provide care or services to the senior tenant.
[3]
The permissible rent increase, as set forth herein, shall be
applied prospectively from the date of the determination by the Rent
Control Office that the senior tenant qualifies.
C.
Hardship increase. This subsection applies where the annual operating
expenses for any one building exceed at least 75% of the total annual
gross income. Operating expenses shall include all reasonable expenses
necessary to carry out the proper operation and maintenance of the
property, including property taxes allocated to the year. Operating
expenses shall exclude mortgage amortization, mortgage interest, interest
or costs of financing, attorney's, expert's or engineer's
fees related to the filing of hardship or capital improvement applications,
depreciation or expenditures for capital improvements. In reviewing
operating expenses, the Board shall consider normal and recurring
expenses and may make adjustments for extraordinarily high or low
operating expenses in any given year. Annual gross income shall include
all income realized in connection with the operation of the premises
including rentals from all residential and commercial units, as well
as fees collected for parking, rental from machines, concessions and
garages or other services. As to cooperatives and condominiums, the
rent charges shall be at least equivalent to the maintenance costs
charged by the association. This figure becomes the new base rent
and may be increased by 10% after the first year.
(1)
In considering a hardship application, the Board shall give due consideration
to any and all relevant factors, including, but not limited to the
following:
(2)
An applicant for hardship relief shall submit to the Board 10 copies
of the following:
(a)
A statement for three prior twelve-month periods of gross rentals
and actual expenses incurred for that time in connection with the
operation of the building to be adjusted to reflect the actual period
of time the applicant has owned the building if owned for less than
three years.
(b)
A list of all present owners of the property.
(3)
A landlord shall not be entitled to apply for a hardship increase
until (s)he has owned the property for at least 18 months.
(4)
The Board's decision shall become effective after full 30 days'
statutory notice to tenants.
(5)
The Board shall promulgate rules, regulations and necessary forms
to be utilized, notice to tenants of hardship applications and notice
to tenants and landlords regarding hearings and general procedure.
Those rules and regulations shall have the force of the law and shall
be filed with the City Clerk.
(6)
With the filing of a hardship increase application, the landlord
shall simultaneously deliver notice thereof to each affected tenant.
At a minimum, a landlord seeking a hardship increase shall notify
tenants, in writing, by regular and certified mail, return receipt
requested, and provide tenants with a summary of the application and
state the increase sought. Any tenant who receives such notice shall
have 30 days to file any written comments with the Board regarding
the application.
(7)
Within 30 days of receipt of a complete application, the Board shall
notify the landlord, in writing, of the time and place for the hearing.
The hearing shall be held not more than 90 days nor less than 30 days
from the date of receipt of a complete application. The landlord shall
immediately, upon receipt of such notification of hearing, serve such
notice upon each affected tenant. The landlord shall serve notice
of the hearing date to the tenant by regular and certified mail, return
receipt requested, at least 20 days in advance of the hearing. Prior
to any hearing on such application, the landlord shall present the
Board with proof of service of notice to the affected tenant.
(8)
No hardship application shall be considered or granted by the Board
for a period of time more than one year after the expiration of applicant's
last tax reporting year.
(9)
The Board shall render a decision on a hardship application within
45 days of the conclusion of the hearing before the Board. Failure
of the Board to render its decision within the time period, absent
consent of the landlord, shall result in the application being deemed
granted.
(10)
A hardship increase shall become part of the base rent.
D.
Capital improvement surcharge.
(1)
Application; notice.
(a)
A landlord may apply for a capital improvement surcharge or
for a surcharge for major additional services not formerly provided
to the tenants of units of housing space in the affected dwelling.
The landlord shall make written application to the Board upon forms
adopted by the Board for these purposes. Simultaneously with filing
of a capital improvement application, the landlord shall serve notice
upon each affected tenant. The landlord shall submit with its application
a letter of code compliance from the Union City Building Department.
(b)
The Board shall promulgate rules, regulations, forms to be utilized
and notice procedures to the tenant. At a minimum, a landlord seeking
a capital improvement surcharge shall notify tenants, in writing,
by certified mail and provide tenants with a summary of the application
and state the increase sought.
(2)
Nature and cost of improvement. A landlord shall submit a detailed
contract or proposal and proof of payment as to each improvement.
(3)
Amortization of cost. The cost for a capital improvement shall be
amortized over the useful life of such capital improvement as determined
by the Rent Stabilization Board and the Rent Stabilization Board's
accountant.
(4)
Notice of hearing. Within 30 days from receipt of all required application
forms, the Board shall notify the landlord, in writing, of the time
and place of the hearing. The landlord shall immediately, upon receipt
of such notification of hearing, serve notice thereof upon each affected
tenant. Prior to any hearing on this application, the landlord shall
present the Board with proof of service of notice of the hearing upon
each affected tenant.
(5)
Time for application. No capital improvement application shall be
considered or granted by the Board for work completed more than one
year before the date of filing of a request for a letter of code compliance
from the Building Department.
(6)
Finding of improvement; apportionment of surcharge. Upon determination that the proposed improvement is a capital improvement that the proposed service is a major additional service not formerly provided to the affected tenant or tenants, the Board may grant a surcharge based upon the cost of the capital improvement or major addition service. These costs shall include reasonable interest thereon. Any surcharge granted by the Board shall be fairly apportioned among the affected units based on the size of the units and the benefit of the improvement by each unit. If any such surcharge is granted, it shall not be considered a part of base rent and shall not be included in calculating the rent increases allowable under § 334-2.
(7)
Notice of decision. The Board shall notify the landlord, in writing,
of its determination under this subsection, and the landlord shall
forthwith deliver a copy of the determination by certified mail to
each affected tenant, to become effective upon thirty-day notice.
(8)
Protected tenancy status.
(a)
No capital improvement surcharge shall be imposed upon any tenant
who has been granted protected tenant status pursuant to N.J.S.A.
2A:18-61.22 or 2A:18-61.40.
(b)
Any capital improvement surcharge awarded within two years prior
to the date of notice to the municipal administrative officer required
by N.J.S.A. 2A:18-61.27 or 2A:18-40 shall immediately become null
and void upon the grant of protected tenancy status. The protected
tenant's rent shall be recalculated and reduced accordingly;
however, no rebate of previously paid surcharge shall be granted.
(9)
Compliance with codes. Permits, as required by law, are to be secured
from all agencies having control and jurisdiction for alterations,
repairs, replacements, extensions and new buildings. All work done
shall adhere to appropriate code standards and shall be inspected
by any agency having control and jurisdiction, and their approval
obtained. Copies of such permits shall accompany the capital improvement
application.
E.
Maximum annual increase. The maximum annual increase from all sources listed under this § 334-10, Permitted increases, shall not exceed 15% unless an efficient landlord cannot meet operation expenses or make a fair return on his/her investment. A tenant shall not receive an aggregate increase from all sources of more than 15% any twelve-month period.
F.
Compliance with housing and building codes. Any landlord seeking
an increase under this section must file, with its application, a
letter from the Building Department that the building and grounds
are in code compliance with City building and housing codes.
G.
Applicability of Consumer Fraud Act.
(1)
In addition to the rights conferred on a tenant herein, a tenant
may seek redress against a landlord for reasonable attorneys'
fees and damages pursuant to the Consumer Fraud Act, N.J.S.A. 56:8-1
et seq.
(2)
The Consumer Fraud Act shall act as an enforcement mechanism to an
individual tenant who may seek redress by an award of attorneys'
fees for a successful suit, in the New Jersey Superior Court, against
a landlord for overcharging of rent. Therefore, tenants who successfully
bring an action against a landlord for overcharging of rent may be
awarded attorneys' fees and damages pursuant to the Consumer
Fraud Act.
[Added 10-18-2022 by Ord. No. 2022-18]
A.
DISABLED PERSON
FAMILY MEMBER
SENIOR CITIZEN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Is defined as a person who has an impairment which results
from anatomical, physiological or psychological conditions, other
than addiction to alcohol, gambling or any controlled substance, which
are demonstrable by medically acceptable clinical and laboratory diagnostic
techniques, and which substantially limit one or more of such person's
major life activities.
Is defined as either a spouse, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister, grandfather,
grandmother, grandson, granddaughter, father-in-law, mother-in-law;
son-in-law or daughter-in law of the tenant or primary tenant. It
also includes any other person(s) residing with the tenant or primary
tenant in the dwelling as a resident who can prove emotional and financial
commitment and interdependence between such person(s) and the tenant.
Is defined as a person who is 62 years of age or older.
B.
Succession rights of family members.
(1)
A family member has the right to a renewal lease or protection from
eviction if he or she resided with the tenant as a resident in the
apartment for two years immediately prior to the death of or permanent
departure from the apartment by the tenant. The family member may
also have the right to a renewal lease or protection from eviction
if he/she resided with the tenant from the inception of the tenancy
or from the commencement of the relationship. If the family member
trying to establish succession rights is a senior citizen or disabled
person, then the minimum period of co-occupancy is reduced to one
year.
(2)
The minimum periods of required residency set forth in Subsection B(1) will not be considered interrupted by any period during which the family member temporarily relocates because he or she:
(a)
Is engaged in active military duty;
(b)
Is enrolled as a full-time student;
(c)
Is engaged in employment requiring temporary relocation from
the rent-controlled dwelling unit;
(d)
Is hospitalized for medical treatment; or
(e)
Has such other reasonable grounds that shall be determined by
the Rent Regulation Officer or his designee upon application by such
person.
C.
Determinations under this section. Determinations of a family member's
rights to succession shall be made by the Rent Regulation Officer
or his designee upon the application of the family member to the Rent
Control Board office. A copy of the application with supporting proof
shall be served by ordinary mail or email, if available, by the Rent
Control office upon the landlord providing that any opposition to
the application must be served upon the Rent Control Board office
and family member within 14 days of the date of the Rent Control Board's
notice. The Rent Control Board office shall have the right to make
a determination under this chapter without providing the fourteen-day
notice in the event exigent circumstances exist.
A.
Designation of administrative agency. Pursuant to Section 5 of Chapter
226 of the Laws of 1981, the Rent Control Board of the City of Union
City be and it hereby is designated to act as the municipal administrative
agency to perform the tasks set forth in Chapter 226 of the Laws of
1981 (N.J.S.A. 2A:18-61.26).
B.
Procedure for conversion; notice to tenants; protected tenancy. The
following procedures shall apply to any building being converted to
the condominium or cooperative form of ownership:
(1)
The owner of the conversion of any building shall, prior to filing
of an application for registration, notify the Rent Regulation Officer
of the Rent Control Board of the intention to file the application
for registration and shall supply the Rent Regulation Officer with
a current tenant list and stamped envelopes addressed to each tenant,
each such envelope containing copies of all required notices to be
given to such tenants and all documents required pursuant to N.J.A.C.
5:24-2.9.
(2)
Within 10 days of the receipt of the notice of intention, the current
tenant list and the stamped, addressed envelopes and copies of all
notices, the Rent Regulation Officer shall mail to each tenant the
notice required by the Act and all necessary forms and, within two
business days of mailing, shall submit to the owner or sponsor an
affidavit that the Rent Regulation Officer has notified each tenant
as aforesaid.
(3)
A tenant seeking protected tenancy status shall file a completed
application form with the Rent Regulation Officer within 60 days of
receipt of such notice and application form.
(4)
The Rent Regulation Officer shall accept all applications completed
and submitted by the tenants seeking the benefits of the protected
tenancy status of the Act and shall determine eligibility in accordance
with the criteria of the Act. Such determinations of eligibility shall
be made with respect to each application within 30 days after receipt
of the completed application.
(5)
An application form shall be deemed to be completed when all supplementary
documentation required by the Rent Regulation Officer has been submitted.
Upon request of the Rent Regulation Officer, a tenant seeking protected
tenancy status shall supplement the form with such documentation as
the Rent Regulation Officer shall deem necessary to make determination
as to eligibility. An application shall be deemed incomplete and shall
not be accepted if supplementary documentation is not provided to
the Rent Regulation Officer within 10 days of request therefor.
(6)
Any tenant qualifying for protected status shall be promptly notified
of eligibility by the Rent Regulation Officer. Any tenant who does
not qualify for protected status shall be likewise notified of the
determination, and the reasons for ineligibility shall be set forth
in such notice. Notices of determination as to eligibility and ineligibility
as to each tenant who has applied shall be provided to the owner or
sponsor of the plan or conversion.
C.
Standards for annual conversions.
(1)
All condominium conversion applications must be submitted to the
Union City Planning Board and/or the Redevelopment Agency for final
approval. The converter/applicant has the burden of proving that the
proposed conversion does not conflict with Union City's Constitutional
obligation to provide affordable housing. Specifically, the converter
must show that the proposed conversion will not negatively impact
the City's affordable housing obligations.
(2)
The converter shall provide for a 20% set-aside, of the units being
converted, for low- and moderate-income households. The units will
meet the requirements established in accordance with the City's
Housing Plan.
D.
Fees. Pursuant to Section 16 of Chapter 226 of the Laws of 1981,[1] the Rent Control Board is authorized to levy and collect
the following fees which shall be paid by the owner applying for conversion
at the time the application is filed with the Rent Control Board:
(1)
The owner shall submit a fee of $200 per dwelling unit with his or
her notice of intention and submission of tenant lists under this
chapter in the form of a check or money order made payable to the
City of Union City.
(2)
The owner shall submit a $100 administrative hearing fee, per unit,
upon submission of application for an appeal. In the event of an appeal
by a tenant, a hearing fee of $100 shall be submitted by the tenant.
The fee shall be waived upon a showing by the tenant that he or she
is on public assistance.
(3)
The application fee set forth in Subsection D(1) above shall be based upon each unit listed for conversion in the application. In the event that one building or structure as listed on the tax rolls is converted in stages, the building shall be considered as a single building for determining the fee without consideration of the number of units listed in the application for conversion.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.35.
E.
Designation of administrative officer. The Rent Regulation Officer
is hereby designated as the administrative officer who shall assume
the duties under this chapter and shall collect the fees prescribed
herein.
F.
Appeals. The determination of the Rent Regulation Officer may be
appealed to the Rent Control Board by any aggrieved person through
an administrative hearing:
(1)
Application for an administrative hearing shall be made to the Rent
Regulation Officer within 10 days of receipt by the aggrieved person
of notice of determination. Said application shall have attached thereto
the administrative hearing fee of $40.
(2)
The administrative hearing shall be held within 30 days of application
therefor, except in extenuating circumstances, at the discretion of
the Rent Regulation Officer.
(3)
Notice of hearing shall be given to all known parties in interest
who may testify, present evidence and examine adverse witnesses and
evidence.
(4)
The hearing shall be before the Rent Control Board.
(5)
Within 10 days of the close of the hearing by the Rent Control Board,
it shall issue a final written decision and state the reasons therefor.
Pursuant to N.J.A.C. 5:24-2.7(g), appeal from such final decision
shall be to the courts.
G.
Tenant Protection Act of 1992. The owner of the conversion of any
building shall submit proof of compliance with the requirements of
N.J.S.A. 2A:18-40 et seq.
H.
Statutory authority. This chapter shall be subject to the provisions
of Chapter 226 of the Laws of 1981, N.J.A.C. 5:24-2.1 et seq., and
forthcoming rules and regulations of the Department of Community Affairs
promulgated to implement the provisions of this Act are specifically
incorporated by reference into this chapter.
A.
Harassment; reduction of services prohibited. Any tenants desiring
to remain in their units may do so without provocation or retaliation
from landlords. For the purposes of this section, harassment of tenants
shall mean conduct, whether direct or indirect, committed intentionally
or negligently by a landlord, or anyone acting on his/her behalf.
These actions include, but are not limited to:
(1)
A reduction in the quality of basic services necessary to the health,
safety and welfare of the tenants.
(2)
Heat, hot water.
(3)
Adequate security.
(4)
Intermittent failures.
(5)
Bothersome telephone calls or letters.
(6)
Frivolous eviction threats or legal proceedings.
(7)
Actions which would cause a reasonable person of like age and physical
condition of a tenant to fear for his/her life, limb, property or
home.
(8)
Questions or statements pertaining to a tenant's country of
origin or immigration status, issued with the intent to intimidate
the tenant.
(9)
Discrimination on the basis of race, creed, color, national origin,
nationality, ancestry, age, sex (including pregnancy), familial status,
marital status, domestic partnership or civil union status, affectional
or sexual orientation, gender identity or expression, atypical hereditary
cellular or blood trait, genetic information, liability for military
service and mental or physical disability, perceived disability and
AIDS or HIV status.
B.
Investigation/prosecution of harassment complaints. The Rent Regulation Officer is hereby authorized to investigate and/or prosecute complaints involving harassment filed by either tenants or landlords. Penalties for violation of this section shall be in accordance with § 334-21. This provision will not prevent a party from filing an action pursuant to the Fair Housing Act or other federal or state provision.
A.
Required. No person shall occupy or use any residential unit after
such unit has been vacated or sold or where there has been a change
in occupancy until the landlord has applied for and secured a certificate
of continuing occupancy. Upon receipt by the enforcement officer of
an application for a certificate of continuing occupancy and payment
of the required fee, an inspection of the premises shall take place.
The inspection shall ensure compliance with all applicable building,
health, safety, property maintenance and fire codes, regulations,
ordinances and statutes of the City of Union City. In the event the
owner wishes to occupy a unit, or the owner has entered a contract
for sale of the property with a prospective purchaser who wants to
occupy the unit, the owner must apply for the certificate of continuing
occupancy prior to filing an action for eviction pursuant to N.J.S.A.
2A:18-61.1(l). As part of the application for the certificate of continuing
occupancy, in the case where the prospective purchaser desires to
occupy the premises, the owner must provide the contract of sale which
contains the language that the purchaser wishes to personally occupy
the unit.
B.
Failure to obtain certificate. A landlord who fails to obtain a certificate of continuing occupancy shall be subject to any one or a combination of the penalties listed in § 334-21. Any fines shall be payable to the City of Union City.
C.
Prior to sale and as a condition to obtaining a certificate of continuing
occupancy, a purchaser of a property, subject to this chapter, shall
be required to obtain a rent calculation from the Rent Control Office.
The rent calculation shall be provided to the tenants upon purchase
by the new landlord. In the event the rent calculation establishes
that the rents being charged to the tenants, by the seller, are in
breach of this chapter, the new landlord shall reduce the rents accordingly.
D.
A tenant who learns of an overcharge in rent, as set forth herein,
may pursue an action for rebate against the prior landlord(s) and/or
current landlord.
A.
Continuation of services. During the term of this chapter, the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings and equipment in the housing space and dwelling as required
under the lease or otherwise mandated by law.
B.
Decline in services. When services, care or maintenance, or when
the standards of service, maintenance, furniture, furnishings and
equipment in the housing space or dwelling are not substantially maintained
as specified above, any tenant, or group of tenants, may apply to
the Board for a decrease in rent. A copy of such application shall
be served upon the landlord setting forth, in detail, the reasons
for the application.
(1)
At the time of any application made pursuant to this section, the
tenant or group of tenants on behalf of a tenant in the subject premises
may request an inspection from the local health department, housing
or property maintenance department, which department shall undertake
the inspection, submit a report and be available to testify before
the Board at a hearing on the application.
(2)
Any rent reduction, if granted by the Board, shall remain in effect
until the landlord proves to the Board that the deficiency has been
corrected.
(3)
The Board shall adopt guidelines for rent reductions under this section
and shall consider the type of deficiency, the cause of deficiency,
steps taken to alleviate the deficiency and the severity of the deficiency.
C.
Applicability to parking spaces. The provisions of this section shall also apply to any on-site parking or garage space occupied by the tenant in conjunction with rental and occupancy of housing space. If it is determined, after a hearing of the Board, as described in § 334-15, that the parking was a previously provided service, then the rent shall be decreased by 25% of the current monthly rent.
D.
Hearing notice procedure. Upon receipt of the application by the
Rent Regulation Officer, the Rent Regulation Officer shall schedule
a hearing on the application and shall notify both landlord and tenant
of the date, time and place of the hearing.
E.
Maintenance of services. During a tenant's occupancy of a unit
in which the landlord provides utilities to the units of the building,
the landlord will be prohibited from constructing a separate apartment
unit meter and/or billing for any utility service previously provided
by the landlord as part of the services to the units of the building,
including but not limited to heat, hot water, water and sewerage.
F.
Utility conversion in vacant unit(s).
(1)
In the event a unit or building is vacant and the landlord desires
to convert a central utility system to an individual utility system,
the landlord must file an application before the Board seeking approval
for the conversion. In the event the new tenant is responsible for
the monthly utility costs, the base rent for the unit will be reduced
by 20% upon reoccupancy by a new tenant.
(2)
Should a landlord fail to file an application for conversion, it
shall be a breach of this chapter.
G.
Violation and penalties. A first violation of § 334-15E of this chapter shall be punishable by a fine of not more than $2,000 for each unit in violation. Subsequent violations shall be punishable by a fine of not less than $2,000 for each unit. Each day during which an owner is in violation of § 334-15E of this chapter shall constitute a separate violation.
A.
Registration information; fee.
(1)
All landlords of units governed by this chapter must file a registration
statement with the Board in a manner and at a time prescribed by the
Board. Any such statement shall include at least the following:
(a)
The name and phone number of each tenant and the apartment number.
(b)
The number of rooms for each apartment.
(c)
The current rent for each apartment.
(d)
The amount of the last increase for each apartment unit.
(e)
The date of the last increase for each apartment unit.
(f)
If applicable, the services provided to the building and the
telephone number.
(g)
If applicable, the superintendent's name, address and telephone
number.
(2)
This annual registration statement shall be filed with the Rent Regulation Officer once every 12 months on the anniversary date that the landlord may file for a permitted increase pursuant to § 334-10B. In addition to the rental statement, the landlord shall provide to each tenant, prior to the creation of a new tenancy, a written statement containing all of the information required to be filed with the Rent Regulation Officer, pertaining to that tenant. The landlord shall provide to the Rent Control Office a statement, upon a form to be supplied by the Rent Control Office, affirming that the landlord has provided the information required herein to the tenant. The landlord shall post information necessary for the health, safety and welfare of the tenant in accordance with forms established by the Rent Control Office. This information shall be posted at all times in the lobby, hallway or other conspicuous place within the building. In the event there is a change in the information set forth in the registration statement, the landlord shall provide an amended written statement within 30 days. The Board shall establish a schedule of fees for the filing of said registration statement. The landlord shall affirm that the information set forth in the registration statement is true and accurate. Failure to register or the filing of false registrations shall be punishable pursuant to § 334-21 of this chapter and the perjury laws of the State of New Jersey.
(3)
A landlord who shall fail to file the required annual rent registration statement shall not be entitled to file any application for a permitted increase under § 334-10 of this chapter. In addition, in the event a landlord or a prior property owner for the same property has not filed an annual registration statement, the Rent Regulation Officer in determining a legal rent calculation and the Board upon any review of that determination shall disallow any increase related to a rise in the consumer price index pursuant to § 334-10B for that year that the landlord or prior landlord failed to file a rent registration statement.
(4)
This section shall be applied to any rent calculation made by the
Rent Regulation Officer or the Rent Stabilization Board to any determination
that comes before it subsequent to the adoption of this section. In
addition, the Officer and the Board shall also have the authority
to disallow a rent increase a landlord is otherwise entitled to under
this chapter for any year that a landlord has failed to file a rent
registration statement prior to the effective date of the adoption
of this section.
(5)
When a rental unit has previously been registered, but becomes vacant
or the personal residence of the landlord, such property shall continue
to be considered a rental dwelling unit under the provisions of this
chapter and shall also be registered consistent with the provisions
of this section.
(6)
The rent for a new rental unit, within a building subject to the
provisions of this chapter, which unit is created by way of a variance
before the Zoning Board of Adjustment, merger of two or more units
or by other means, shall have a new rent equal to the average of the
calculated rents within the building. Upon creation of and prior to
renting the unit, the landlord shall apply for a rent calculation
from the Rent Control Office to determine the new rent and further
comply with the provisions of this chapter.
B.
Public document. For the purpose of disclosure, the registration
statement shall be considered a public document which shall be made
available for inspection pursuant to reasonable regulations established
by the City Clerk.
A.
Compliance required prior to granting increase.
(1)
Any landlord who seeks a hardship or major capital improvement increase under § 334-10 shall file with an application a certification from the office of the Building Department to the effect that the building and grounds are in substantial compliance with City building and housing codes, which certification shall be based on an application made by the landlord to the Building Department not more than one month before the filing of his/her application with the Board. No such increase may be granted until such certification had been filed and, if a tenant contests the accuracy of such certification, until the Board has determined that there is substantial compliance.
(2)
The Board shall deny the application until there has been such compliance.
B.
Assistance of Board in obtaining certificate of code compliance.
Whenever a party who is seeking a certificate regarding code compliance
from the office of the Building Department notifies the Board that
the party seeks the assistance of the Board in expediting that Department's
inspection, then the Board shall utilize its best efforts to have
the office of the Building Department expedite such inspection. Nothing
contained in this section shall prevent the Rent Stabilization Board
from considering testimony by the landlord and tenants as to the condition
of the property.
C.
Tenant's right to return to premises rehabilitated after a fire.
(1)
Repair of fire-damaged building. Whenever any building or buildings
which contain residential units leased to tenants shall be injured
or damaged by fire, the landlord shall repair same as speedily as
possible.
(a)
Upon notification of the fire, the landlord shall forthwith
advise the insurance company providing insurance coverage to the property
of the fire. The landlord shall advise the construction official that
the insurance company has been put on notice concerning the fire and
shall copy the construction official with all correspondence pertaining
to the claim for coverage.
(b)
The landlord shall take all steps determined by the Building
Department to protect the property.
(c)
Upon receipt of the insurance proceeds, the landlord shall forthwith
apply to the Building Department for the permits necessary to repair
the property.
[1]
The landlord shall have six months from the date of receipt
of the insurance proceeds to complete repair of the building. The
landlord may request, from the construction official, an extension
of time to complete repairs; providing, in detail, the basis for the
request. In the event the landlord has not completed the repair of
the building within the time frame set forth herein, the landlord
shall pay to the tenant relocation costs in the amount of six months'
rent.
(2)
Tenant's right to return.
(a)
In the event, as the result of injury or damage to the residential
leased premises as a result of fire, a tenant is displaced, the tenant
who is displaced shall have the right to return to his/her unit as
soon as the building is in complete repair and has been approved for
occupancy by the Construction Code Official of the City pursuant to
the usual procedures for occupancy under applicable law.
(b)
Upon receipt of the aforementioned approval, the landlord shall
contact the tenants and advise that the tenant's unit is available
for occupancy.
(3)
Rent.
(a)
During the period of time that the tenant is displaced from
the building, the tenant shall have no obligation to pay rent for
his/her unit.
(b)
In the event that the residential building is subject to rent
stabilization, the tenant shall return to his/her unit upon its complete
repair at the legal rent existing at the time of his/her vacation
of the unit.
(4)
Exception. The above provisions, which must be liberally construed
in favor of tenants, shall not apply to any tenant whose fault caused
the fire which resulted in the displacement of tenants.
(5)
Violations and penalties.
(a)
Any person found guilty of violating any part of this subsection
shall be subject to a penalty existing of a fine not exceeding $1,000
or imprisonment not exceeding 90 days, or both, subject to the discretion
of a court of competent jurisdiction.
(b)
In the event of any continuing violation, which shall include
each day a landlord delays repair of the premises beyond the time
required by this chapter, or as extended by the construction official,
or prevents a former tenant from reoccupying the premises after those
premises have been repaired and are ready for occupancy, each day
shall constitute a separate offense for the purposes of the imposition
of a fine and/or imprisonment.
D.
Tenant's right to return to premises after abatement of UCC
and building code violations.
(1)
Abatement of UCC and building code violations. Whenever any building
or buildings which contain residential units leased to tenants shall
require the completion of work in order to abate UCC and/or building
code violations, the landlord shall repair same as speedily as possible.
(2)
Tenant's right to return. In the event, as the result of the
need to abate UCC and/or building code violations, a tenant is displaced,
the tenant who is displaced shall have the right to return to his/her
unit as soon as the building is in complete repair and has been approved
for occupancy by the Construction Code Official of the City pursuant
to the usual procedures for occupancy under applicable law.
(3)
Rent. During the period of time that the tenant is displaced from the building pursuant to this subsection, the provisions of § 334-17C(3)(a) and (b) herein shall apply.
(4)
Exception. The above provisions, which must be liberally construed
in favor of tenants, shall not apply to any tenant whose fault caused
the need for the completion of work to abate UCC and/or building code
violations which resulted in the displacement of tenants.
(5)
Violations and penalties. The provisions of § 334-17C(5)(a) and (b) herein shall apply to violations of this subsection.
(6)
When a lawful occupant(s) is required to vacate a rental unit due
to any code enforcement action, including but not limited to enforcement
of the City's property maintenance code, fire prevention code,
construction code, health code and zoning code, there shall be a prohibition
of any annual rent increase, hardship increase or capital improvement
increase by the landlord of the rental unit found to be in violation
for a period of two years commencing at the next lease renewal or
rerental following the Board's finding. A unit with a month-to-month
tenancy shall be prohibited from adding an annual rent increase, hardship
increase or capital improvement increase by the landlord of the rental
unit found to be in violation for a period of 24 months from the date
of the last month found to be in violation.
There is hereby established a schedule of fees for applications to the Rent Stabilization Board, which fees shall be as set forth in Chapter 155, Fees, and payable to the City of Union City.
Personal service or service by certified mail that is either
refused or uncalled for may be remailed by ordinary mail and shall
be effective as though personal service or notice by certified mail
had been accepted.
A.
Obligation to register vacant apartments.
(1)
Owners of multifamily structures of four or more units shall report
any vacancy or unrented apartment to the Rent Stabilization Board
office if the vacancy or nonrental continues for 90 continuous days.
(2)
Owners shall report the rental of the unit to the Rent Stabilization
Board office within 90 days of the date of the new rental. The rental
report shall include a copy of the inspection approval certificate
issued by the Union City Community Development Office, address of
building, date of rental, rent charged, name of new tenant, and date
of move-in by the new tenant.
B.
Exempt structure or units. The following are exempt from the provisions
of this chapter:
(1)
Units in owner-occupied structures where there are three units or
fewer and one of the units is owner-occupied.
(2)
Units in newly constructed buildings which have complied with N.J.S.A.
2A:42-84.2.
(3)
Units in hotels or motels that have been duly licensed by the City
and the State of New Jersey.
C.
Requirements. All such units shall be rented and occupied by a tenant within 90 days after the end of the preceding tenancy, which shall be defined as the last day of occupancy by the preceding tenant(s), except where an extension has been granted by the Rent Stabilization Board under the provisions of § 334-20D(4) below, in which event the unit shall be rented and occupied within the time period specified in the extension. Failure to comply with the requirements of this Subsection C shall be considered a violation of this section and subject the owner to the penalties set forth herein.
D.
Extension of time period.
(1)
An owner may apply for an extension of the time period set forth in § 334-20C where the condition of the structure or unit or other special circumstances make rental within such time period impossible. In order to obtain an extension, the owner must submit an application in writing to the Rent Stabilization Board within 90 days or less from the date the preceding tenancy ended, setting forth with specificity:
(2)
The owner shall provide the Rent Stabilization Board with all documentation
necessary to support the application, including but not limited to
code violation reports, engineering or inspection reports, copies
of advertisements, etc.
(3)
Any extension granted by the Rent Stabilization Board shall specify
the date by which the structure or unit must be rented and occupied.
Additional extensions may be sought by the owner, but the total extension
permitted in the aggregate shall not extend beyond six months from
the date the previous tenancy ended.
(4)
The following circumstances shall constitute grounds for the granting of an extension pursuant to this § 334-20D by the Rent Stabilization Board:
(a)
An owner wishes to reserve a vacant unit for a family member.
The owner shall provide in the time extension application full documentation
including the name of the future tenant, the family relationship and
the date of occupancy.
(b)
An owner desires to maintain a unit vacant in order to improve
the conditions of said structure or unit. The owner shall provide
full documentation in the application, including up-to-date building
and housing inspection reports, improvement plans, all related required
permits and the date by which the structure or unit shall be rented
and occupied.
(c)
An owner maintains a vacant structure or unit in order to correct
code violations in said structure or unit. The owner shall provide
in the application full documentation such as code violation reports,
correction plans, permits and the date by which the structure or unit
shall be rented and occupied.
(5)
Extension of the time period provided in Subsection C above beyond the maximum time prescribed by § 334-20D shall be only granted upon a clear and convincing showing by the owner that a good faith effort has been made to rent the structure or unit at the legal rent, and that no tenant can be found. In this circumstance, the maximum extension granted beyond the maximum time provided in this Subsection D shall be 60 days, renewable upon a new showing by the owner.
E.
City to inspect vacant structure or units and buildings.
(1)
If a structure or unit is not rented within 90 days, or filed for
an extension, the recording agency will notify the Building Department,
Health Department, Fire Official and Northwest Regional Fire and Rescue,
which currently provides fire-related services to Union City. The
above departments shall send inspectors to the building to inspect
the entire building and the unrented structure or unit in particular
to assure compliance with all applicable codes. If violations are
found or if a dangerous or unsafe condition exists, proper measures
are to be taken.
(2)
The above departments will continue to inspect both the building
and the individual unrented structure or unit on a regular basis.
The building and unrented structure or unit shall be inspected at
least once every 10 business days until the structure or unit is rented
and occupied.
F.
Violations and penalties. A first violation of § 334-20A of this chapter or the conditions upon which a waiver has been granted by the Rent Stabilization Board shall be punishable by a fine of not more than $500 for each unit in violation. Subsequent violations shall be punishable by a fine of not less than $100 nor more than $500. Each day during which an owner is in violation of Subsection A of this section or the conditions upon which a waiver has been granted shall constitute a separate violation.
G.
Vacancies upon effective date. Any landlord of any unit which has been vacant 30 days or more from the end of the preceding tenancy as of the effective date of this chapter shall be required to file the notifications required under § 334-20A of this chapter within 15 days of the effective date of this chapter.
A.
A violation of any of the provisions of this chapter, including,
but not limited to, the filing with the Rent Stabilization Board or
Regulation Officer of any material or statement of facts, shall be
punishable by a fine not exceeding $1,000 or by imprisonment not exceeding
90 days, or both. A violation affecting more than one leasehold or
tenancy shall be considered a separate violation as to each leasehold
or tenancy.
B.
In addition to the penalties set forth in this chapter, a finding
by the Board that a landlord has charged a rent to a tenant that exceeds
the maximum allowable rent permitted to be charged by this chapter
shall result in the prohibition of any annual rent increase, hardship
increase or capital improvement increase by the landlord of the rental
unit found to be in violation for a period of two years commencing
at the next lease renewal or rerental following the Board's finding.
A unit with a month-to-month tenancy shall be prohibited from adding
an annual rent increase, hardship increase or capital improvement
increase by the landlord of the rental unit found to be in violation
for a period of 24 months from the date of the last month found to
be in violation.
This chapter, being necessary for the welfare of the City and
its inhabitants, shall be liberally construed to effectuate the purposes
thereof.
