[Adopted by Ord. No. O-84-55, as amended through Ord. No. O-93-23 (Ch. XXIV of the 1974 Code)]
A. 
The Township Council has received numerous complaints from residents of mobile home parks within the Township relative to unusually large increases in rental payments required by the owners of said parks, which increases when considered in light of the continued existence of certain unsafe and hazardous conditions suffered and permitted by the same owners to continue in the same parks, are excessive and unjustified; and
B. 
Said serious conditions are causing acute hardship to the tenants of mobile home parks, many of whom are on fixed or low incomes and, as a consequence thereof, have an adverse effect upon the health, safety and general welfare of such citizens of the Township; and
C. 
Statistics demonstrate that of the 504 existing mobile home spaces in the Township none are vacant and that this constitutes a vacancy rate of 0%; and
D. 
By reason of the necessity for the Township Council to license mobile home parks, mobile home park operators enjoy an unintended monopoly of available mobile home park rental spaces which is being abused in several instances by the charging of unregulated excessive base rents and additional charges to mobile home park tenants; and
E. 
The Township Council finds the adoption of a chapter having as its purpose the regulation, control and stabilization of rents in mobile home parks will prevent further abuse and at the same time insure the benefits of balanced housing and regulations achieved by the licensing of mobile home parks and limitation of their number and location; and
F. 
The Township Council, under the statutory powers granted to it to protect and preserve the health, safety and welfare of the citizens of the Township of Howell and in furtherance of the statutorily granted authority to regulate mobile home parks, deems it necessary to enact this article and provide penalties for the violation of the provisions thereof.
This article shall be known and cited as the "Mobile Home Park Rent Stabilization Ordinance of the Township of Howell."
As used in this article, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS
Fit for rental and habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Monmouth and Township of Howell, and occupied or unoccupied and offered for rent.
BASE RENT
The lawful rent in effect for the mobile home and/or mobile home park space on October 1, 1984, together with all subsequent base rental increases granted by the Rent Control Board pursuant to this article. The term "base rent" shall not include the cost of supplied utilities or municipal service fees, nor shall it include any amounts granted by the Rent Control Board for major capital improvements or tax surcharges as defined in this article.
GROSS MAXIMIZED ANNUAL INCOME
The gross maximum potential rent roll less a maximum deduction of 1 1/2% for vacancies and uncollectibles, or the actual sum of rents collected, whichever amount is larger, and includes all income resulting directly or indirectly from the operation of a property or building, including but not limited to, all rent received or collectible, all earnings from commissions, vending machines, deductions from security deposits, late fees, pet fees, parking fees, and any and all other fees or income derived from operation of the rental premises.
LANDLORD
The mobile home park operator, owner or other person leasing a mobile home and/or a mobile home park space to a tenant.
LEASE
Includes any written or oral agreement pursuant to which any person is permitted to occupy a mobile home and/or a mobile home park space.
MAJOR CAPITAL IMPROVEMENT
A substantial addition to the mobile home park housing accommodations such as would materially increase the rental value of the leased mobile home and/or mobile home park space and which provides an additional service or benefit to the residents of the park not previously accorded them. The term does not include repairs or replacements which merely maintain the mobile home park in efficient operating condition. In determining whether a particular expenditure constitutes a major capital improvement under this definition, the Rent Control Board shall consider the following:
A. 
The nature of the improvement.
B. 
The extent and cost of the improvement.
C. 
The additional service or benefit to the mobile home park and to the residents' enjoyment thereof gained as a result of the improvement.
D. 
The degree of permanency of the improvement.
E. 
Whether the park owner depreciated the cost of the improvement over the useful life of the object on his tax return.
MOBILE HOME PARK
Any lot or parcel of land and premises where the owner, lessee, or other person having control thereof shall offer mobile homes or sites for mobile homes on a rental or lease or other basis.
MOBILE HOME PARK SPACE
That portion of a mobile home park rented or offered for rent for the purpose of parking a trailer or positioning a mobile home for living and dwelling purposes to one or more tenants or family units, together with all the privileges, services, equipment, facilities and improvements connected with the use or occupancy of such portion of the property. Mobile home park spaces which are newly constructed and rented for the first time are exempted, and the initial rent may be determined by the owner. All subsequent rents will be subject to the provisions of this article.
MOBILE HOME PARK SPACE-APPROVED
That portion of a mobile home park for which spaces have been approved to be built by license or variance but which at the time in question remains unimproved and unavailable for rent.
MOBILE HOME PARK SPACE-OCCUPIED
That portion of a mobile home park available for rent and which is occupied by a trailer or mobile home.
MOBILE HOME PARK SPACE-UNOCCUPIED
That portion of a mobile home park available for rent to a trailer or mobile home which is unoccupied.
NET OPERATING INCOME
Gross maximized annual income less reasonable and necessary operating expenses.
PERSON
Any natural person, or any partnership, limited partnership, joint venture, association or corporation or other entity.
PREVIOUS TWELVE-MONTH PERIOD, PREVIOUS TWELVE-MONTH BASE RENT or PREVIOUS YEAR
The twelve-month period two years immediately preceding an application to the Howell Township Rent Stabilization and Control Board. The failure to apply for an increase calculated under this article based upon the previous twelve-month period or previous year shall constitute a waiver of any earlier increase that could have been requested, and no increase shall be permitted for any period beyond the previous twelve-month period or year preceding application to the Howell Township Rent Stabilization and Control Board; provided, further, that as to any assessment error for any previous year, the foregoing shall not apply if the landlord brings an application for a tax surcharge before the Howell Township Rent Stabilization and Control Board within 30 days of being advised of such error by the Howell Township Tax Assessor.
REASONABLE AND NECESSARY OPERATING EXPENSES
All valid expenses incurred and paid by a mobile home park owner that were reasonably necessary for the operation of the park during the period reflected in income computed in accordance with the provisions and limitations of this article. In computing reasonable and necessary operating expenses the following limitations shall apply in all cases:
A. 
Expenses incurred by the sales of new or used mobile homes shall not constitute a reasonable and necessary operating expense.
B. 
Operating expenses shall not include fines, penalties, mortgage amortization (principal) payments, mortgage interest payments or depreciation.
C. 
Taxes shall be limited to amounts actually paid, including those paid in escrow pending appeal. Taxes shall not include the park owner's real estate taxes on his personal residence(s).
D. 
Repairs and maintenance expenses shall not include expenditures for major capital improvements as defined in this article. Unusual or extraordinary expenses for repairs and maintenance shall be prorated over the time period that the particular expense is not expected to re-occur, not to exceed five years.
E. 
Purchase costs for new equipment not qualifying as a major capital improvement under this article shall be prorated over the useful life of the item.
F. 
Professional fees, including legal and accounting expenses, shall be limited to actual costs for the day-to-day operation of the park.
G. 
Management expenses shall be limited to actual services performed and paid for, including the resident manager's salary, telephone expenses, postage, office supplies, stationery and the value of the resident manager's mobile home site if said value is included in gross income. In the case of self-management by a park owner performing management duties from an on-site personal residence, management expenses shall be allocated between monies expended in the operation of the park and monies expended for the park owner's personal and household expenses. In no event shall a fee for management services exceed 5% of gross income.
REBATE
Any reimbursement received by or credited to a landlord for any tax or utility charge paid by or assessed against him in connection with the operation of a mobile home park, or any reduction in the amount of any tax or utility charge or assessment a landlord is required to pay in connection with the operation of a mobile home park.
RENT
Includes any charge or charges made, fixed, demanded or charged for the use or occupancy of a mobile home or mobile home park space, whether or not commonly known as rent, be it for a landlord or tenant-owned mobile home.
REPAIR
The reconstruction or renewal of any part of an existing mobile home park for the purpose of its maintenance.
SERVICE
Mailing to the home address by certified mail, return receipt requested, or in-hand delivery certified to by affidavit, or an acknowledgment of service executed by the person served, which affidavit or acknowledgment of service must be retained in the records of the person causing service.
SUPPLIED UTILITIES
Trash removal, fuel, electrical, water and sewer services supplied directly to the individual mobile home, and not to the common areas of the park, for which services the landlord is responsible to the supplier for payment.
TENANT
An individual who rents and/or occupies a mobile home and/or mobile home park space.
A. 
Establishment of rents between a landlord and a tenant to whom this article is applicable shall hereafter be determined by the following provisions:
(1) 
At the expiration of the tenancy for a mobile home or mobile home space, no landlord may request or receive any increase in the rental income and additional space from any tenant, new or continuing, which is greater than a combination of the following:
(a) 
Any increased cost to the landlord for supplied utilities.
(b) 
Any increased cost to the landlord in mobile home space fees or license fee charges by the Township of Howell pursuant to any duly adopted ordinance, prorated amongst occupied spaces in the mobile home park concerned.
(c) 
An amount not to exceed 5% of the previous twelve-month base rent for the mobile home space. The percentage allowable increase calculated hereunder shall be applied to the tenant's existing base rent. A hearing shall be required as to this increase as provided for hereinafter, at which time the landlord shall present specific reasons supported by any data or information he chooses to present to support his request for an increase under this Subsection A(1)(c). Specific reasons shall include, but not be limited to, any increase in the annual consumer price index.
(2) 
Any new or continuing tenant at the termination of a tenancy shall not suffer or be caused to pay any rent increase for the mobile home or mobile home space in any twelve-month period which exceeds the above permitted increase for the twelve-month period.
B. 
No landlord may request or receive of the tenants any increase in rental income or additional charges except as provided by this section until such time as the landlord shall have obtained approval in writing from the Rent Control Board, as hereinafter established, for said increase. Furthermore, there shall be only one increase granted per landlord per mobile home park per calendar year for any of the increases permitted by this section. The landlord shall notify the Rent Control Board in writing at least 60 days prior to the effective date of any increase proposed pursuant to the provisions of this article. At the same time, a copy of said notice shall be served upon any tenant who may be affected by the increase applied for. Upon receipt of said notice, and where the increase sought is based on the terms of Subsection A(1)(a) or (c) herein, the Rent Control Board shall schedule a hearing on said increase, and the landlord shall post, in a conspicuous place in or about the park, a notice of said hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon the terms of Subsection A(1)(b) herein, no hearing shall be scheduled, and the increase shall become effective on the date specified in said notice, if all other applicable provisions of this article are complied with. Said notice as it applies to increases under Subsection A(1)(a) or (c) herein shall contain all the following information:
(1) 
Name, address and telephone number of landlord and of his legal counsel, if any.
(2) 
Name, address and telephone number of managing agent and superintendent.
(3) 
Address of mobile home or trailer units and tenants affected.
(4) 
Base twelve-month rental figure with reference to which increase shall be computed.
(5) 
Calculations of the increases in rent expressed both in terms of dollars and cents and in terms of percentage increase.
(6) 
A certification that a copy of the aforesaid notice has been served upon each tenant named in said notice along with a statement that the tenant may make application to the Board to review the proposed rental increase. At the same time that the Board is thus notified, a copy of said notice shall be served to any tenant who may be affected by the increase applied for. Adequate proof of service, which shall be in affidavit form, shall be filed by the landlord with the secretary of the Board.
A. 
Notwithstanding any other provisions of this article, when a mobile home space or mobile home unit rented and occupied subject to the provisions of this article is voluntarily vacated by a tenant or is involuntarily vacated pursuant to an eviction order entered by a court of competent jurisdiction, the landlord may charge as the initial rent paid by a new tenant an amount not to exceed the total of the rent paid by the tenant who vacated the space or unit plus an amount not to exceed 5% of the base rent charged the previous tenant who has vacated. No hearing for this rental adjustment shall be required to be held by the Rent Control Board prior to its taking effect, but written notice of this adjustment shall be filed with the Board within 10 days of occupancy by the new tenant. The notice shall set forth the name and address of the new tenant, the rent charged to the previous tenant and the initial rent to be paid by the new tenant. After the initial rent for a new tenant is established in accordance with the provisions of this subsection, all further rental increases or adjustments for this tenant shall be subject to the provisions of this article. There shall be only one such adjustment in rent pursuant to the provisions of this subsection in any twelve-month period.
B. 
Nothing herein shall prevent a landlord from submitting a written application to the Rent Control Board to seek a further adjustment to the initial rent that will be charged the new tenant on the basis that the rent as adjusted hereinabove will not reflect the total rent charged for a comparable space or unit offering the same services unregulated by a rent stabilization ordinance or regulation. Such an application shall require a hearing before the Rent Control Board with written notice thereof being provided to the new tenant. No further adjustment shall take effect without the approval of the Board following the hearing. At the time the application is filed, the landlord shall also file with the Board a written acknowledgement witnessed, signed and dated by the new tenant, prior to the commencement of the tenancy, indicating that the tenant has been advised of the new rent without this further adjustment and the rent proposed to be charged if this adjustment is approved and that the tenant has been further advised by the landlord that such an application for a further adjustment is being filed with the Board. Failure to provide this acknowledgement shall result in the application being dismissed, with prejudice. The application shall be filed with the Board within 30 days of the commencement of the new tenancy, and thereafter shall be barred. The Board shall schedule a hearing and render its decision within 30 days of the signing of the application, with any further adjustment granted being retroactive to the date of the application (with any retroactive adjustment payable, at the Board's option, in installments prospectively). If a further adjustment is granted, all further rental increases or adjustments for the new tenant shall be subject to the provisions of this article.
C. 
If the Rent Control Board determines on the basis of a complaint or information it has received, and following an investigation or review, that there is probable cause to conclude that a vacancy resulting in a rental adjustment or adjustments under this subsection was obtained on the basis of coercion or other misconduct by the landlord, it shall schedule a hearing on 10 days' written notice to the landlord to consider whether the adjustment or adjustments should be rolled back as the evidence, including sworn testimony, shall warrant. If the Board finally concludes that the vacancy has resulted from the misconduct of the landlord, the Board shall void all adjustments in rental charges made under the provisions of this subsection retroactive to the date they were imposed, with any retroactive readjustments reflected in installments as further reductions in prospective monthly rental payments by the affected tenant or tenants. No adjustment or adjustments imposed by a landlord or approved by the Board shall be challenged or rollbacks after one year from the date of the imposition or approval.
D. 
For the purpose of enforcing this section and all other provisions of this article and this chapter, there is hereby created the office of Mobile Home Compliance Officer in the Police Department, the head of which shall be designated by the Chief of Police with the consent of the Township Council.
Where a mobile home park or any part thereof is being operated in violation of municipal codes and where such violation adversely affects habitability, any affected tenant(s) may apply to the Board for a reasonable reduction in rent, commensurate with any such effect on habitability; whereupon, the Board shall duly notify the landlord and schedule the matter for a hearing. If, as a result of such a hearing, the Board determines that a violation of a municipal code exists and that such violation affects habitability, it may grant a reasonable reduction in rent to the affected tenant, which rent shall remain in effect until the landlord corrects the said violation(s).
Any rental income or additional charge increase at a time other than at the expiration of a tenancy or termination of a periodic tenancy shall be void, except where approved by the Board in accordance with the provisions of this article. Any rental income of additional charge increase in excess of that authorized by the provisions of this article shall be void. Periodic tenancy for the purposes of this article shall mean a tenancy that continues from month to month or other recurring period until terminated by landlord or tenant as provided by law.
A tenant shall be entitled to a rent reduction from a landlord because of a decrease in the municipal property taxes or cost of supplied utilities or any decrease in space fees or license fees charged by the municipality. The reduction shall not exceed that amount authorized by the following provisions:
A. 
Where the decrease consists of a decrease in the municipal property tax due to aid received from the State Aid for Schools Fund and where said decrease is subject to the provisions of Chapter 63, P.L. 1976 (N.J.S.A. 54:4-62 et seq.), as may be amended from time to time, the landlord shall make such rebate upon such terms as Chapter 63, P.L. 1976, provides.
B. 
Where the decrease consists of a decrease in the municipal property tax other than that decrease provided for Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of completed mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing September 1 of each year. Any tenant entitled to a rent decrease hereunder shall be served with a notice of the calculations involved in computing such reduction and the effective date of such reduction.
C. 
Where the decrease consists of a decrease in the cost of supplied utilities, space fees or license fees, the landlord shall divide the decrease in the present cost of supplied utilities, space fees or license fees over the cost of supplied utilities, space fees or license fees of the previous year by the total number of completed mobile home spaces in the mobile home park to obtain the decrease per space. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing from the effective date of said reduction. Any tenant entitled to a rent decrease hereunder shall be served with a notice by the landlord of the calculations involved in computing such reduction and the effective date of such reduction.
[Amended 5-24-2011 by Ord. No. O-11-12]
A landlord shall be entitled to a rent surcharge for any increase in municipal property taxes and sewer rates. Any landlord seeking a surcharge for property taxes and sewer rates shall serve the tenants with a notice at least 30 days prior to the date on which said surcharge is to be effective, of the calculations involved, include the property tax and sewer rates for the mobile home park for the year immediately preceding the year for which the tax surcharge and sewer rate is sought, and the increase in the present tax and sewer rate over the tax and sewer rate for the preceding year divided by the total number of completed mobile home spaces in the mobile home park. The tax surcharge each tenant is liable for shall be paid in 12 monthly installments commencing September 1 of each year. The sewer charge each tenant is liable for shall be paid in 12 monthly installments commencing 30 days after the landlord is notified of the increase.
A. 
In the event a municipal property tax appeal is taken by the landlord and the landlord is successful in said appeal and the taxes reduced, the tenants involved shall receive 50% of said reduction after the landlord's costs of securing said tax reduction have been deducted. The landlord shall receive the remaining benefits of the tax reduction. Thereafter, in succeeding years, the benefit of such successful tax appeal shall be divided evenly between the tenants and the landlord.
B. 
Any such successful landlord shall serve the tenants, within 30 days after receipt of the judgement, with a notice of the calculations involved, including an itemization of the costs of securing said reduction and the reduction each tenant is entitled to, determined by dividing 1/2 of the remainder of the amount of said tax reduction by the number of completed mobile home spaces in the mobile home park.
A. 
Hardship. It is expressly recognized that an efficient landlord is entitled to a just and reasonable rate of return from his property. To that end, a landlord is permitted to make application to the Board for rental increases on the basis that rents allowed by this article prevent the landlord from receiving a just and reasonable rate of return. Such rental increases shall be allowed on the basis of the formula set forth in this provision. Upon application duly made pursuant to the requirements of this article, the Board may grant a park owner a rental increase upon his showing that his reasonable operating expenses for his last full fiscal year exceeded 60% of his gross maximized annual income (60/40 rule). If the Board is satisfied that such a showing has been established, then the Board may grant a rental increase sufficient to restore reasonable and necessary operating expenses to 60% of the gross maximized annual income.
(1) 
Application requirements. In any application under this section, the owner shall, in addition to these requirements mandated by other sections of this article, specifically certify:
(a) 
That he is an efficient operator of the mobile home park.
(b) 
That the mobile home park is in a safe, sanitary and habitable condition.
(c) 
That the owner is in full compliance with all state and local laws pertaining to tenants' rights.
(2) 
The park owner shall make application to the Board, together with all necessary certifications, and shall further certify that the landlord is not earning a just and reasonable return pursuant to the formula set forth herein. The application shall include the amount of increase and percentage of increase requested, together with detailed statements of income and expenses for the past two complete fiscal years and must be filed within 90 days of the close of the last fiscal year included in the application. At the time of application the landlord shall notify all tenants affected, in writing, that an application is being made and shall serve a copy of the application upon each tenant. The owner shall also make available to the tenants and the Board, at reasonable times at the park office, all records and books supporting the application. If at any time during the course of consideration of an increase pursuant to the provisions of this section the Board shall determine that a landlord is not in substantial compliance with any or all of the above requirements, the Board may temporarily withhold further consideration of the application for an increase until such time as the landlord has corrected any such deficiency and may thereafter delay the effective date of any increase as a result thereof.
(3) 
Prior to the hearing by the Board on an application under this section, the owner shall serve upon each tenant, and shall post in a conspicuous place in or about the mobile home park a notice of said application setting forth the basis for said application and the date, time and location of the formal hearing. Said notice must be served and posted at least 10 days prior to the proposed date of the formal hearing.
(4) 
In order to provide the Board with sufficient time to review the required financial data and schedule a hearing, it is required that an applicant submit an application for a rental increase under this section at least 90 days prior to the effective date of the proposed rental increase.
(5) 
The most recent current rents being charged by a landlord on uncontrolled rental homes and/or spaces are admissible in evidence against such owner at any hearings held in connection with the applications for rental increases under this section, and such rents create a rebuttable presumption that the charging of the same rent on all rental homes and/or spaces would provide the owner with the sufficient funds to pay all reasonable and necessary operating and maintenance expenses and provide the permitted rate of return.
(6) 
No owner shall be permitted to receive an increase under this section until such time as the owner has owned and operated the mobile home park for a period of 12 months.
(7) 
Increases authorized under this section shall be based only on financial information of park operation for the fiscal month period which ended immediately prior to the date of application under this section. Losses carried over from prior years or unrealized income for prior years shall not be included in computing interest under this section, except for second year or subsequent year losses incurred as a result of rental agreements exceeding one year.
(8) 
Except for second year or subsequent year losses incurred as a result of rental agreements exceeding one year, no rental increase may be obtained by an owner under any provision of this section to cover operating losses resulting from the failure of the owner to either apply for or obtain rental increases or surcharges under this section. The failure of the owner to either apply for or obtain such rental increases or surcharges within three months of the close of the fiscal year in which the operating losses are incurred or in which the reasonable rate of return is not realized or the owner's charging of such insufficient rents during the fiscal year shall be deemed a waiver of the owner's right to such additional rents or surcharges.
B. 
Major capital improvements.
(1) 
An owner may apply to the Board for additional rental charges for the payment of the reasonable cost of major capital improvements.
(a) 
An owner seeking additional rent for a major capital improvement shall apply within six months of the completion of said capital improvement for said additional rent to the Board, which shall determine, after the landlord has served notice to the affected tenants of a hearing date, if said improvement is a major capital improvement and, if so, the amount of the increase granted for such major improvement, and which shall establish the term and conditions of such increase.
(b) 
Exception. An owner seeking additional rent for a major capital improvement may apply to the Board for prior approval of said capital improvement and additional rent. If the Board determines that approval is to be granted, and subject to all requirements of this article, said owner may proceed with said major capital improvement. In no instance may an owner impose additional rent for said capital improvement until such time as the improvement has been completed and the Board has determined that all requirements of this article and the Board's terms and conditions have been complied with in full.
(2) 
At least 10 days prior to the hearing by the Board on an application for additional rental charges under this section, the owner shall serve upon the tenants, and shall post in a conspicuous place in or about the mobile home park, a notice of the application setting forth the date, time and location of the hearing and setting forth the total cost of the completed capital improvement, the number of useful years of life of the improvement using the straight-line method and as claimed by the landlord for purposes of depreciation for income tax purpose, the average cost, including debt service, of the improvement (calculated by dividing the cost of the major improvement by the total number of completed mobile home spaces in the mobile home park) and the capital improvement increase he is seeking from each tenant.
(3) 
Following a hearing, the Board may grant to the owner an additional rental charge under this section for a specific period of time after considering the proofs presented by the owner. If said increase is granted, it shall not be considered rental income and shall not be used in calculating allowable increases as otherwise set forth in this article. Any increase granted by authority of this section shall be paid over the period of the actual useful life of the completed capital improvement. In any event, no increase granted by this section shall exceed 10% of the tenant's rental income, unless said increase or capital improvement is mandated by law.
(4) 
In order to provide the Board with sufficient time to review the required financial data and schedule a hearing, it is required that an applicant file an application for additional rental charges under this section at least 90 days prior to the effective date of the proposed additional rental charges.
(5) 
Where a proposed major capital improvement exceeds $50,000 in cost and said capital improvement is not required by any law, ordinance or regulation, the tenants may disapprove the making of such capital improvement by a simple majority of those tenants who actually vote on such proposal on the basis of one vote per occupied mobile home, all tenants having been given an opportunity to vote thereon.
(6) 
The cost of expanding or enlarging the mobile home park or a section thereof shall not be borne by the tenants or utilized in computing additional rental charges under this section.
C. 
Additional requirements. In connection with any application for rental increases or charged under Subsections A and B, and in addition to any other requirements contained in those subsections, the owner of the mobile home park shall serve on each individual tenant, within 10 days of the filing of such application, a summary of the basis for the rental increase, a statement of the amount of the proposed increase and its effective date, and a statement breaking down the existing and proposed rent among property taxes, license fees, tax surcharges, if any, capital improvement charges, if any, operating expenses and just and reasonable return totaling the amount of rent currently paid and proposed to be paid by the tenant. In addition, as to applications filed under Subsection B of this section, the notice shall include the information required by Subsection B(2). Said notice shall be served on individual tenants in accordance with the definition of "service" in § 204-3.
A. 
In any matter considered by the Board under § 204-12A and B, the owner of a mobile home park shall be required to submit the following financial information and statements:
(1) 
Statement of financial condition.
(2) 
Statement of operations (income and expense statements).
(3) 
Statement of retained earnings.
(4) 
Statement of changes in financial position.
(5) 
Such other financial data and information as may be required by the Board.
B. 
The financial statements, data and information which are required to be submitted shall be based upon financial data and information which is sworn to and verified by the park owner who has actual knowledge of the income, expenses and operations of the park, and in the case of applications under § 204-12A, said financial statements shall be prepared, itemized and signed by a certified public accountant licensed by the State of New Jersey, Division of Consumer Affairs. Each financial statement, or other financial data, shall be accompanied by a written statement executed by the certified or licensed public accountant indicating that he or she has examined and reviewed the financial data and information, that they are true, accurate and correct, and that they reflect the actual financial condition of the park for the period shown. Any person who willfully and intentionally submits or supplies false figures, makes gross misrepresentations or misstates such factual acts or material required by this article to obtain any rental increase whatsoever shall be considered acting to defraud such tenants.
A. 
There is hereby created a rent stabilization and control board within the Township. The Board shall consist of five regular members of whom one shall be a mobile home park owner and one a tenant of a mobile home park. None of the remaining three members shall be either a mobile home park owner or a tenant of a mobile home park. All members shall be residents of Howell Township and shall be appointed by the Township Council. The Chairman shall be chosen by the Township Council from among the non-landlord/tenant members; the Board shall designate its own Vice Chairman to serve when needed as the Acting Chairman.
B. 
All members shall serve, commencing with their initial appointments, terms of one year, two years and three years, respectively, and thereafter terms of three years or until expiration of this article, whichever event shall first occur. Each of the said terms shall be deemed to commence on the first day of January of the year of their respective appointments. There shall be four alternates appointed by the Township Council to serve in the absence or disqualification of a corresponding regular member of the Board, one of whom shall be a mobile home park owner and one a tenant of a mobile home park, but neither alternate landlord nor tenant members of the Board shall be of the same mobile home park as a regular member. In the absence, disability, or disqualification of a landlord or tenant regular member or alternate, a public alternate member not required to serve as an alternate to a regular public member may serve as a landlord or tenant alternate member as needed and designated by the Chairman for any hearings of the Board required under this article. The four alternates shall be appointed annually by the Township Council. Vacancies shall be filled for the balance of the terms.
[Amended 1-24-2012 by Ord. No. O-12-01]
C. 
The members of the Board shall serve without compensation. The Board shall have available to it such clerical, legal and auditing services as are budgeted annually by the Township Council. Legal counsel shall be assigned as needed by the Township Attorney. No member shall vote upon or enter into discussions as to any matter in which he has a direct or indirect interest, financial or otherwise.
[Amended 1-24-2012 by Ord. No. O-12-01]
A. 
The Rent Leveling Board is hereby granted, and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this article, including but not limited to the following:
(1) 
To adopt such rules and regulations including bylaws as it deems necessary for its own government not inconsistent with this article or with law.
(2) 
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this article, such rules and regulations being subject to the approval of the Township Council.
(3) 
To supply information and assistance to landlords and tenants to assist them in complying with the provisions of this article.
(4) 
To hold hearings and adjudicate applications from landlords for additional rental income or charges as hereinafter provided.
(5) 
To hold hearings and adjudicate applications from tenants for reduced rental income or charges as herein provided.
(6) 
To administer oaths, examine witnesses and by subpoena to compel the attendance and the testimony of witnesses and the production of books, papers, documents or tangible things, pursuant to the provisions of the County and Municipal Investigation Law (N.J.S.A. 2A:67A-1 et seq.).
B. 
Said Board shall give both the landlord and tenant reasonable opportunity to be heard before making any determination and shall base its determination on the reasonable, credible evidence before it, although the strict rules of evidence shall not apply. It shall be further provided that an application to restore a rental payment previously reduced by the Board under this article shall only be approved upon the presentation of clear, convincing evidence that required remedial action was taken and that the rent restoration requested is warranted in whole or in part. The Board shall render a written decision within 30 days after the close of hearings. The Board shall maintain minutes of its hearing and/or meetings. The Board shall be required to specify those facts and reasons upon which it bases any decision.
A. 
Both a landlord and tenant may appeal, in writing, the decision or findings of the Board to a court of competent jurisdiction within the time provided by court rule for the taking of such appeals.
B. 
Any tenant may appeal to the Board any calculation made by the landlord, or failure to make a calculation, pursuant to the provisions of this article.
A. 
During the term of this article, the landlord shall maintain the same standards of service, maintenance and equipment in the mobile home park and/or mobile home or mobile home spaces as he provided or was required to do by law or lease, written or oral, as of the date the tenancy was entered into.
B. 
Where the landlord fails to maintain such standards any tenant may appeal to the Board for a reasonable reduction in rent, commensurate with such failure by the landlord. Whereupon the Board shall duly notify the landlord and schedule the matter for a hearing. If a result of such a hearing, a reasonable reduction in rent is granted, it shall remain in effect until the landlord proves the standards are being maintained.
A. 
No arrangement between a landlord and an individual tenant purporting to waive any provision of this article shall be of any force and effect, and all such an arrangements are hereby declared to be against public policy and are void.
B. 
Exception. Where the owner of a mobile home park and the tenants thereof agree to a negotiated settlement of rents by a simple majority of those tenants who actually vote on such negotiated settlement, on the basis of one vote per occupied mobile home, all tenants having been given an opportunity to vote thereon, such negotiated settlement shall have the effect of authorizing the owner to increase rentals for all mobile home park rental spaces, provided that at least a majority of all occupied mobile homes vote in favor of such negotiated settlement. Such negotiated settlements shall take effect in accordance with the terms and conditions thereof, and a copy of any such negotiated settlement shall be filed with and approved by the Rent Leveling Board of the Township.[1]
[1]
Editor's Note: Original § 24-18, Payment of taxes and fees prior to increases, was repealed by Ord. No. O-91-42.
In any application or applications, or any portion or portions thereof, for a rent increase in any twelve-month period, under § 204-12A or B, the Board shall consider the economic and financial hardship imposed on the tenant or tenants to which such increase or increases shall apply. The Board may order that the rent increase or increases be denied, in whole or in part, modified or implemented on a scheduled or staggered basis as the Board shall determine. This section may only be implemented upon the claim of a tenant or tenants to be affected by the rent increase application or applications that they will suffer unreasonably severe financial or economic hardship if the application or applications are granted, in whole or in part, and the burden of proof in establishing any unreasonably severe financial or economic hardship shall be on the tenant or tenants making such claim or claims. Nothing contained in this section shall be deemed to permit or require the denial of a just and reasonable rate of return under § 204-12A as determined by the Board.
A. 
All chapters and parts of chapters inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
B. 
This article shall take effect immediately after final passage and publication as required by law and shall remain in full force and effect until a resolution for its repeal is introduced and adopted by the Township Council.
A willful violation of any provisions of this article or of a final decision or order of the Board, including but not limited to the willful filing with the Board of any material misstatement of fact, shall be punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both in the discretion of the court, for each day the violation continues. A violation affecting more than one mobile home space shall be considered a separate violation as to each mobile home space.