[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 1-22-1986 by Ord. No. 1702;[1] amended in its entirety 11-23-2009 by Ord. No. 28/09.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Housing — See Ch. 49.
Affordable housing — See Ch. 221.
Rent control — See Ch. 312.
Rooming, lodging and boarding houses — See Ch. 316.
Zoning — See Ch. 414.
[1]
Editor's Note: This ordinance originally comprised Art. I, Municipal Tenants Advocacy Attorney.
[2]
Editor's Note: This ordinance also repealed former Art. II, Office of Tenants Advocacy, adopted 7-18-2001 by Ord. No. 13/01.
WHEREAS, it has been recognized by the Board of Commissioners that a serious emergency exists with respect to the housing of a substantial number of citizens of the Town of West New York; and
WHEREAS, it has been recognized by the Board of Commissioners that there are few safe, decent and reasonably priced rental housing units available; and
WHEREAS, it has been recognized by the Board of Commissioners that many people of limited economic means, particularly the elderly, handicapped, single parents, large families and minority members have been suffering since they are unable to find habitable rental housing units within the Town of West New York at prices they can afford; and
WHEREAS, it has been recognized by the Board of Commissioners that there is a need to inform tenants of their rights as tenants in a protection granted to them; and
WHEREAS, it has been recognized by the Board of Commissioners that there are abuses against tenants because of the housing crisis exacerbated in times of economic downturn; and
WHEREAS, it has been recognized by the Board of Commissioners that it is in the public interest to have an informed, educated renting public; and
WHEREAS, there are times where, due to a tenant's limited means or knowledge about a tenant's rights, such rights are not enforced and such benefits foregone; and
WHEREAS, unscrupulous landlords may and do take advantage of this on the expectation that they may violate the law with impunity on the mistaken belief that the violations will not be uncovered or brought to the attention of lawful authorities; and
WHEREAS, it is beyond debate that it is in the public interest to assure safe and adequate housing to all citizens of the Town of West New York; and
WHEREAS, it is not within the realm of acceptable economic behavior to lease residential space that presents a health or safety hazard on the expectation that no force will come to bear on those creating or maintaining such health or safety hazards, or that penalties will not be incurred; and
WHEREAS, the creation and maintenance of safe and adequate housing is a public concern and purpose, and of utmost interest to the Board of Commissioners; and
WHEREAS, the failure to maintain adequate and safe housing causes economic loss to the Town; and
WHEREAS, the furtherance of this interest is best served by the creation of a strong Office of Municipal Tenants Advocacy Attorney; and
WHEREAS, the above described interests are furthered by assuring that the Rent Control Board carry out its assigned functions in a deliberative and informed manner:
A. 
There is hereby established within the Department of Public Affairs within the Law Department the Office of Municipal Tenants Advocacy Attorney ("Tenant Advocate"), under the supervision of the Town Attorney.
B. 
The Tenant Advocate shall be appointed by the Director of Public Affairs for a term of one year or until the successor is appointed and qualified.
C. 
The Attorney shall be a licensed attorney at law admitted to the Bar of the State of New Jersey.
D. 
The salary range for said position shall be as set out in a professional contract or as set out in the salary ordinance then in effect.
The duties of said Attorney shall include, but not be limited to:
A. 
Providing and distributing information to tenants regarding federal, state and municipal laws affecting the rights and duties of landlords and tenants.
B. 
Distributing information specifically dealing with tenants' legal rights, including information on local legal aide agencies.
C. 
Writing and publishing information pamphlets, leaflets, and/or booklets providing information on tenant/landlord rights and duties in accord with applicable law within the Town of West New York.
D. 
Promoting, sponsoring and organizing tenants' rights workshops to disseminate information between tenants and tenant groups and to assist tenants' rights and to organize to protect tenants' rights.
E. 
Receiving and forwarding, to appropriate agencies of the Town, complaints from tenants relating to the administrative action or inaction of any Town department.
F. 
Referring tenants in the Town with complaints regarding their tenancies to the appropriate Town department.
G. 
Providing such reports as may be requested, necessary, or proper, to the Board of Commissioners or any Town department, body or agency regarding tenancies within the Town of West New York.
H. 
Advising both tenants and landlords as to their rights and obligations flowing from leases, Town ordinances, and applications and to have such power, authority and/or duties to aid both landlords and tenants to conform with municipal ordinances and state statutes.
I. 
The Tenant Advocate shall be empowered to coordinate various Town departments in order to ensure the rights, duties and obligations of tenants and landlords and the maintenance of safe and adequate rental housing within the Town of West New York.
J. 
On behalf of the Board of Commissioners, the Tenant Advocate shall have standing to appear, as an interested party, before any department or board of the Town of West New York, including the Rent Control Board, the Code Enforcement Department, the Health Department, as well as in any administrative, judicial, or alternative dispute resolution proceeding, in regard to any matter dealing with, regarding, or touching upon any landlord-tenant relationship, or the condition of any rental structure or dwelling, within the Town of West New York,
K. 
Any other ordinance notwithstanding, the Tenant Advocate shall have the right to request an investigation or hearing by any department of the Town regarding any landlord-tenant relationship, or the condition of any rental structure or dwelling, within the Town of West New York, unless contrary to any state or federal law. Any Town department receiving such request shall conduct such hearing or investigation forthwith in accordance with such department's standards and procedures, upon the receipt of such request from the Tenant Advocate.
L. 
The Tenant Advocate shall have all powers necessary and appropriate to carry out and execute the purposes of this chapter.
M. 
In the absence of a duly appointed Tenant Advocate, or at the request of the Director of the Department of Public Affairs, the Town Attorney may assume all or any of the duties of the Tenant Advocate. The Town Attorney may, in turn, delegate such responsibilities to any other attorney under employment or contract with the Town or any of its boards.