[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.]
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.
All Town employees and officials shall cooperate with the Tenant
Advocate as may be requested or may be necessary.
