As used in this chapter, the following terms shall have the meaning indicated:
APARTMENT
All or a portion of a building or structure which is available for rent to tenants, as a single unit, for living and dwelling purposes together with all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with the use or occupancy of this portion of the property.
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by state and local housing and health codes, whether occupied or unoccupied, and offered for rent to tenants.
BASE RENT
The rent paid upon initial occupancy plus any percentage increases based on the Consumer Price Index as specified in this chapter.
CAPITAL IMPROVEMENT
Any improvement, addition or alteration of housing space or equipment that provides a new benefit to a tenant, as well as any improvements mandated by law or replacement systems that provide a significant benefit to the tenant, and that must not be upkeep, maintenance, repairs, rehabilitation of items or services.
COMPLEX
A group of adjoining dwellings under common ownership with centralized management.
CONSUMER PRICE INDEX
The Consumer Price Index for All Items for New York Region/Northeastern New Jersey and Philadelphia Metro for All Urban Consumers, as issued by the United States Department of Labor, Bureau of Labor Statistics.
DWELLING
Any building or structure, all or part of which consists of apartments.
GROSS RENTAL INCOME
The total rental income derived by the landlord from the rental of all rental units, which shall also include, but not be limited to, rents, garage rentals, commissions, vending machines and laundromats.
HARDSHIP INCREASE
A situation wherein a landlord's net operating income shall have decreased below a just and fair return. A just and fair return formula is set forth in Article VIII of this chapter.
LANDLORD
The owner of the dwelling or complex, whether individual or organization, including but not limited to partnership, corporation, or limited liability company.
NET OPERATING INCOME
The difference between the gross rental income and the necessary and reasonable operating expenses.
OPERATING EXPENSES
Expenses incurred during the period which were necessary for the efficient operation of a residential rental property. The rent control board will review these expenses to determine the reasonableness under the circumstances. Debt service cost, depreciation and amortization are excluded from necessary and reasonable operating expenses.
RENT
The consideration demanded or received in connection with the use or occupancy of housing space, including, but not limited to, parking, pets, facilities, privileged services, equipment, furnishings, or any charge, no matter how set forth, paid by the tenant in connection with the housing space. Laundry, pet fees, extra person fees, late fees and legal fees are not considered rent unless specifically included in the calculation of rent. If so they shall be governed by this chapter.
SUBSTANTIAL COMPLIANCE
That the housing space and dwelling are free from all heat, hot water, elevator and all health, safety and fire hazards as well as 90% qualitatively free of all other violations of the current City Housing Code, and the International Property Maintenance Code, where applicable.
SURCHARGE
Charge in addition to base rent, as specified by this chapter, payable by the tenant to the landlord. Surcharges are not to be considered part of the base rent when calculating percentage increases based on the Consumer Price Index.
TENANT
Anyone who rents or is a subtenant, lessee, or sublessee of a rental unit, or successor to a renter's interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.
This chapter applies to all rental dwellings in the City, including single-, two-, three- and four-family dwelling units. The following classes and types of property are exempt from the provisions of this chapter:
A. 
Motels, hotels, and those parts of buildings or structures which primarily serve transient guests or are rented for commercial uses and purposes; that part of the building or structure which remains after any exempted sections are deleted is referred to as the dwelling or complex.
B. 
Any apartment or building or complex and/or a part thereof which is a stock cooperative or a condominium where the charges to all residents are fixed by a board elected by the residents. Any remaining portion shall be subject to this chapter as provided herein.
C. 
Newly constructed units and units rented for the first time; the rent in such units shall be determined by the landlord. "Newly constructed units" as used herein shall mean any original new construction requesting and receiving exemption pursuant to N.J.S.A. 2A:42-84.2 subject to the requirements in Subsection H hereinbelow and any reconstruction or substantial renovation of nonresidential property for residential use.
D. 
All multiple dwelling may claim an exemption from this chapter for a period of time not exceeding the period of amortization of any initial mortgage loan obtained for the multiple dwelling, or for 30 years following completion of construction, whichever is less. In the event that there is no initial mortgage financing, the period of exemption from this chapter shall be 30 years.
(1) 
The owner of the multiple dwelling may claim an exemption pursuant to N.J.S.A. 2A:42-84.4 by filing with the Department of Code Enforcement, at least 30 days prior to the issuance of a Certificate of Occupancy for newly constructed multiple dwellings, a written statement of the owner's claim of exemption from this chapter, including therein a statement of the date upon which the exemption period so claimed shall commence, the address of the property, the block and lot number of the property and the number of rental units in the multiple dwelling for which the exemption is being claimed. Further, the owner shall at least 30 days prior to the termination of the exemption period granted by the City file with the Department of Code Enforcement a notice of termination of the exemption period for the effected multiple dwelling.
(2) 
The owner of any of any multiple dwelling exempt from this chapter pursuant to N.J.S.A. 2A:42-84.2 shall, prior to entering into any lease with a person for tenancy of any rental unit located in the multiple dwelling, furnish the perspective tenant with a written statement that the multiple dwelling in which the rental unit is located is exempt from this chapter for such time as may remain in the exemption period. Each lease offered to a perspective tenant for any rental unit therein during the period of the multiple dwelling is so exempt and shall contain a provision notifying the tenant of the exemption and that the unit being rented is not subject to the City of Pleasantville Rent Control Ordinance.
Establishments of rents between landlords and tenants for dwellings and rental units as defined in this chapter shall hereafter be determined by the provisions of this chapter.
A. 
The allowable annual rent increase shall be published by the City and posted on the City website and in City Hall in a public location by October 15 of each year for the upcoming calendar year. No landlord shall request or receive a percentage increase in rent from an existing tenant that is greater than the lesser of the following:
(1) 
The average of the Consumer Price Index (CPI) for All Urban Consumers over the previous twelve-month period; or
(2) 
5% of the rent in effect under such lease at the expiration thereof.
B. 
All prospective tenants shall be furnished by the landlord with a written statement that the rental unit is subject to the terms and conditions of the City of Pleasantville Rent Control Ordinance. Said statement shall further provide that a copy of said ordinance may be obtained from the Clerk of the City of Pleasantville, 18 N. First Street, Pleasantville, New Jersey 08232 or by calling (609) 484-3613. Said notice shall also be prominently posted on the premise wherein the rental unit is located.
A. 
The landlord shall notify the tenant of any increase in total rent at least 30 days before the increase takes effect. The notification to the tenant shall include a copy of the landlord's notification required by Subsection B below. In the event a proposed increase is not effective because of a landlord's failure to comply with the requirements of this section, new notice shall be given prior to the increase becoming effective.
B. 
The copy of the notification shall have attached thereto the certification of the landlord that the apartment and dwelling are in substantial compliance with the City's Property Maintenance Code in Chapter 207, as amended, and/or the New Jersey State Housing Code.
C. 
A tenant who believes that any increase under § 215-3 sought to be imposed by his or her landlord is not authorized, is not accurately calculated or is otherwise improper under the provisions of this chapter or that the certification required by Subsection B of this section is materially false may challenge such increase in base rent before the City Administrator, or his or her designee, by filing a written challenge with the City Administrator, or his or her designee, and serving a copy thereof on the landlord or his agent, attorney or employee in person or by registered or certified mail to the usual place of business of the landlord or his agent or to the address to which rent has been mailed during the preceding six months. Such written challenge shall set forth, in reasonable detail, the basis for the challenge and shall identify the provisions of the chapter with which the landlord has failed to comply. During the pendency of any challenge authorized by this chapter, the increase in rent shall continue to be paid as a part of total rent.
D. 
In the event the City Administrator, or his or her designee, finds that any increase in rent is improper under the terms of the chapter, they may order a refund of excess rent paid during the period commencing six months prior to the filing of the written challenge to any tenant who challenged such increase or adjustment. Any refund so ordered shall be promptly made by the landlord, failing which the tenant may deduct the amount of the refund from the rent in the month or months due on and after 45 days from the decision of the City Administrator, or his or her designee, until the refund is paid in full; provided, however, that the tenant may deduct from total rent only the amount of the increase in rent or such part thereof as is found to be improper by the City Administrator, or his or her designee, for each month's rent due on and after the decision of the City Administrator, or his or her designee.
E. 
Only one increase in rent based on § 215-3 may be allowed to the landlord during any twelve-month period, the increase to be determined as provided in § 215-3.
F. 
All increases and adjustments to the total rent of an apartment in the City must be in compliance with the provisions of this chapter.
G. 
Any increase or adjustment in total rent in excess of that authorized by the provisions of this chapter shall be void.