[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 7-21-1982 by Ord. No. 1550. Amendments noted where
applicable.]
WHEREAS, the Board of Commissioners of the Town of West New
York has determined that a critical shortage of housing space still
exists in the Town of West New York as a result of which an emergency
exists within the Town of West New York with respect to the rental
of housing space and, that in the absence of a Rent Control Ordinance,
numerous rent increases, excessive and unwarranted, would result thereby
causing severe hardship to tenants and their families, which in turn
would cause other deprivations and adversely affect the health, safety
and general welfare of the community, all of which warrants legislative
action by the governing body of the Town of West New York continuing
rent control in the public interest; and
WHEREAS, under the police powers granted to the Mayor and Board
of Commissioners of the Town of West New York, New Jersey, in order
to protect the health, safety and welfare of the citizens of the community,
it has been determined that a Rent Control Board is necessary and
must likewise be continued in the order to effectuate and carry out
the effective regulation, stabilization and control of rents within
the Town of West New York:
As used in this chapter, the following terms
shall have the meanings indicated:
An addition to the property that substantially enhances in
value or substantially prolongs its life. It is not a replacement
or improvement to cure a code violation or otherwise to comply with
the repair of something required by law. It is in the nature of a
fixed asset which has a minimum useful life of five years.
Includes any buildings or structures or trailer or land used
as a trailer park rented or offered for rent to one or more tenants
or family units and contains the usual facilities of a residence which
includes a permanent kitchen, bathroom and at least one room sufficient
in size to accommodate sleeping quarters for at least one person or
family unit. It includes condominium and cooperative apartments that
are rented.
Includes 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 all tenants, including those tenants who do not
have a written lease. Comment: A "periodic tenant" could be a weekly
tenant.
The Consumer Price Index (all items) for the region of the
United States of which West New York, New Jersey, is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
The statement the landlord shall be required to sign when
requested by the tenant and vice versa describing the housing space
rented, the related services and equipment involved (whether or not
including use of basement, garage, clothesline, washing, utilities,
heat, hot water, garbage removal, repairs, maintenance and the like)
and the base rental as of March 1, 1973.
It is the intent and policy of the governing body to interfere
in landlord-tenant good relations and legitimate operation, ownership,
occupancy and development of real estate only when necessary to protect
the public interest. Rent increases, rent decreases and rent adjustments
shall consist, in the first instance, of the notice sent by the landlord
to the tenant or by the tenant to the landlord in letter or other
form, setting forth proposed notice of rent increase or rent decrease
or other rent adjustment. Each notice shall set forth all the reasons
justifying or requiring such increase, decrease or adjustment and
an itemized computation of elements thereof.
Includes services and equipment associated with the base
rental at no extra rent or cost. It includes but shall not be limited
to the provision of light, heat, hot water, maintenance, painting,
elevator service, air conditioning, storm window, screens, superintendent
services and any other benefit, privilege or facility connected with
the use or occupation of any dwelling or housing space.
The housing space and dwelling are free from all heat, hot
water, elevator and all health, safety and fire hazards as well as
90% qualitative free of all other violations of the ordinances of
the Town of West New York and the Property Maintenance Code of the
State of New Jersey or any other law or regulation governing the operation
and maintenance of residential dwelling as applicable.
Any building or structure in which at least 80% of its residential
units are vacant as of September 1, 2010, and thereafter renovated
for residential use and occupancy by reconstruction or rehabilitation
of residential units by the replacement of a combination of plumbing
and electrical systems, interior walls, ceilings and interior finishes
where the actual costs of such work (including reasonable soft costs)
exceeds the equalized value of the structure (exclusive of its land)
as of October 1, 2009.
[Added 10-20-2010 by Ord.
No. 23/10]
All notices shall be served on the tenant by
certified mail, return receipt requested, or any other form of receipted
delivery at least one month before the effective date, which date
shall be the date rent is legally due. A copy of such notice shall
likewise be served by the landlord upon the Rent Control Board by
certified mail, return receipt requested, simultaneously with service
upon the tenant. Certified mail that is refused may be remailed by
ordinary mail and will be effective as though the certified mail notice
has been accepted. The landlord shall also file a notarized affidavit
of service with the Rent Control Board.
A.
Subject to the provisions of this chapter during the
period beginning with the effective date of this chapter and ending
on the date this chapter ceases to be in effect, no person shall demand,
accept or receive any rent for the use or occupancy of any controlled
housing space greater than the maximum rent established under the
authority of Ordinance Nos. 1116, 1141, 1149, 1164 and 1172, as amended.[1]
[1]
Editor's Note: These ordinances contain former
provisions on rent control continued by this chapter.
B.
The following structures are exempt from this chapter:
[Amended 8-15-1984 by Ord. No. 1651; 4-20-1994 by Ord. No. 19/94; 9-7-1995 by Ord. No. 43/95]
(1)
Motels, hotels and similar-type buildings intended
for transient use.
(2)
Owner-occupied two-, three- and four-family dwellings. Condominiums and cooperative units which are rented are not exempt from this chapter, and the residence of the owner of said units, except if it falls within the exemption set forth in Subsection B(5) below in the same dwelling, shall not be a basis for exemption under this section; provided, however, that rental units of four-family owner-occupied dwellings shall only become exempt upon the tenant who resided in the unit on or before April 20, 1994, vacating said unit. Any tenant whose initial occupancy in an owner-occupied four-family dwelling occurs, after April 20, 1994, is not protected by this chapter.
(3)
Commercial buildings containing not more than three
residential units in addition to a single commercial use where the
individual who owns, rents or leases the commercial use also resides
in one of the three residential units, and provided that the owner
for purposes of this exemption is a natural person whose individual
interest in the premises constitutes 100% of the legal ownership of
the property, or is an owner of such one-hundred-percent interest
jointly with his or her spouse.
[Amended 10-20-2010 by Ord. No. 23/10]
(4)
Premises newly constructed (from the ground up) where
construction has commenced after October 1, 1995. This exemption shall
continue for the initial and all subsequent rentals.
(5)
Any condominium or cooperative apartment that is rented
on or after August 1, 1995, and has a monthly base rent in excess
of $1,000.
(7)
All
residential units in a building or structure which has been substantially
rehabilitated as such term is defined herein, but excluding from this
exception any residential unit that is not so renovated. Any such
unrenovated residential unit shall be exempted upon its later substantial
rehabilitation and nothing in this chapter shall be construed to prohibit
a landlord from rehabilitating such unit(s) upon the subsequent vacancy
of such unit(s) or upon the relocation of its tenant(s) for purposes
of such rehabilitation.
[Added 10-20-2010 by Ord.
No. 23/10]
C.
All rents for rental of housing space and services
are hereby continued at the base rent level received or established
as of March 1, 1973, and no rent increases shall hereafter be demanded,
paid or accepted, except as provided in this chapter.
D.
Any unexpired lease, the term of which commenced prior
to March 25, 1975, or any option to renew any lease in existence prior
to March 25, 1975, which option provided for a specified rent, shall
not be affected by this chapter, but no new leases shall be executed
or performed, except as provided in this chapter; and the base rent
level for leased housing space shall be the rental legally in effect
at the expiration of the lease, after which date the tenant may remain
as a periodic tenant at such base rental and the premises shall thenceforth
remain subject to the provisions of this chapter.
E.
At the expiration of a lease or at the termination date or renewal date of a periodic tenant, no landlord may request or receive an increase in rent, subject to the limitation set forth in Subsection F, which is greater than the percentage difference between the Consumer Price Index 90 days prior to the expiration or termination or renewal of the tenancy or lease and the Consumer Price Index for the preceding twelve-month period.
F.
Such increases shall be deemed basic economic cost-of-living
increases and shall be limited to one such increase, if otherwise
justified, in any one twelve-month period, without prejudice to any
other rent increase or decrease provided for in this chapter. Such
increase shall be limited to 5% in any one year, subject nevertheless
to the following: No landlord shall charge or receive and no tenant
shall pay such basic economic cost-of-living increase at 5% unless
and until the landlord has certified to the tenant and to the Rent
Control Board that he is in substantial compliance with all municipal
and state laws and regulations pertaining to the maintenance and servicing
of the premises in question and, in addition, has filed with the Rent
Control Board simultaneously with service upon the tenant, a copy
of the notice to the tenant.
[Amended 4-20-1994 by Ord. No. 21/94]
G.
With respect to the letting or rental of any apartment
subject to the provisions of this chapter, the landlord shall furnish
to the tenant, no later than receipt of the first month's rent, a
statement in writing stating the name of the previous tenant, the
rent charged for said apartment and the date and amount of the last
rental increase. A copy of such written notice furnished to the tenant
shall, within 10 days of delivery to the tenant, be filed with the
Rent Control Board with a certification by the landlord of service
upon the tenant or, in lieu thereof, an acknowledgment by the tenant
thereon of the receipt of such statement.
Any rental in excess of the maximum rental established
by this chapter shall be void and of no effect, and only an increase,
decrease or adjustment legally established or determined pursuant
to this chapter shall have any effect.
Any landlord seeking an increase in rent for
whatsoever reason under this chapter shall notify the tenant of the
proposed increase in writing by certified mail, return receipt requested,
with copies to the Rent Control Board, likewise by certified mail,
return receipt requested. Said notice shall specifically set forth
the reasons and calculations involved in computation of the proposed
increase including the Consumer Price Index at the date of the last
rent increase, the Consumer Price Index 90 days before the latest
increase, the allowable percentage increase and the allowable rental
increase. Oral or verbal notices of increase shall be ineffectual
and void.
In cases in which a tenant is paying a tax surcharge,
which was allowed under a previously enacted rent leveling ordinance
which is superseded by this chapter for a particular year, if by virtue
of a successful tax appeal the landlord shall become entitled to a
reduction or rebate in taxes for that particular year, the tenant
shall receive 100% of said reduction or rebate as applied to the number
of rooms of rentable housing space of the tenant after deducting all
reasonable expenses actually paid by the landlord in connection with
said rebate or reduction.
In cases in which a tenant is paying a tax surcharge,
the tenant shall be entitled to a tax rebate in the event of a reduction
in municipal property taxes. The landlord shall compute the rebate
to which the tenant is entitled as follows: The landlord shall divide
the decrease in the present property tax over the property tax of
the previous year by the total number of rooms in the dwelling. The
tenant shall be entitled to receive 100% of such decrease. Payment
shall be made in the form of a credit against the monthly rate in
equal monthly increments for the next succeeding six monthly rent
payments or, at the option of the landlord, a check made payable to
the tenant within 30 days from the landlord's receipt of notice of
the reduction.
In the event that a landlord is suffering a
hardship and demonstrates that he is unable to realize a reasonable
return on his investment or, in the event that a landlord makes major
capital improvements to the dwelling, he may make application to the
Rent Control Board for additional rental by reason of hardship or
capital improvement expenditures. Prior to any such application to
the Board, the landlord shall serve on each tenant a notice of said
application, setting forth the basis in detail for such hardship or
capital improvement application. Said notice shall be served by certified
mail, return receipt requested, at least 20 days before any hearing
thereon, and the landlord shall be required to file an affidavit or
sworn certification of proof of such services; same to be filed with
the Rent Control Board. In considering hardship (and capital improvement)
applications, the Board, in addition to other relevant factors and
information pertaining to each individual building, shall be guided
by the following standards and considerations:
A.
All claims for relief must be sustained by the applicant
by clear and convincing evidence, and all supporting documents required
by the Board should be submitted prior to the hearing with sufficient
copies of distribution to all members; no application shall be deemed
complete and accepted for filing until it has been reviewed by the
Secretary as to contents of the application, supporting documents
and payment of fee.
B.
The Board may consider whether rent being paid in
one building is substantially lower than rent being received for comparable
apartments within the municipality.
C.
Hardship may exist under either one of the following
two approaches:
(1)
Where the annual operating expenses for any one building
exceeds 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 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 improvement or rehabilitation.
Total management fees may not exceed 7% including superintendent services.
In reviewing operating expenses, the Board should consider normal
expenses and may make any adjustments in its computations 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.
(2)
Where the landlord is not earning a fair return on
his equity in the real property investment. Equity shall be determined
in this approach by the actual purchase price minus any and all existing
liens on the property plus any payments towards amortization of any
financing incurred at the time of the purchase of the property. The
amount of return shall be measured by the net income before depreciation.
A fair return on the equity investment and real property shall be
considered to be up to 6% above the maximum passbook demand deposit
savings account interest rate available in the Town of West New York.
Six percent is reflective of the higher risk and the reduced liquidity
of a real estate investment in comparison to other investments. Operating
expenses shall exclude mortgage amortization, mortgage interest, interest
or costs of financing, attorney's fees, expert or engineer's fees
related to filing the hardship or capital improvement applications,
depreciation or expenditures for capital improvements or rehabilitation.
Total management fees may not exceed 7% including superintendent services.
In reviewing operating expenses, the Board should consider normal
expenses and may make adjustments in its computations for the extraordinarily
high or low operating expenses in any given year. Interest on a mortgage
may be allowed as an operating expense if the Board specifically finds
that the landlord made a reasonably prudent investment in purchasing
the property, level of his cash investment in the property and terms
of financing, including but not limited to the mortgage interest rates.
The Board may also consider the level of risk that the landlord took
in looking at the level of cash investment of the property. The Board
must also find that the property was purchased in an arm's-length
transaction and the level of debt is not disproportionately high in
relation to the net worth of the purchase. Interest shall not be allowed
on a mortgage instrument other than mortgage which arises at the time
of the purchase of the property by the landlord.
D.
The Board, in determining which of the two formulas
(ratio of income to expenses or fair return on equity) it will employ
when considering a hardship application, shall consider each of the
formulas, but shall adopt that formula which the Board shall determine,
consistent with the intent of this Ordinance and for reasons stated
on the record, most nearly provides a fair return to the landlord
and that is fair to the tenants.
[Amended 8-4-1982 by Ord. No. 1554; 4-20-1994 by Ord. No. 20/94]
E.
[1]In considering a hardship application, the Board shall
give due consideration to any and all factors it deems relevant, including
but not limited to the following:
(1)
Compliance with local and state housing codes; level
and quality of service rendered by the landlord in maintaining and
operating the building.
(2)
Whether the landlord made a reasonably prudent investment
in purchasing the property and in arranging financing on said property.
The Board may consider the purchase price and fair market value or
the property to determine if the debt servicing expenses are excessive.
The Board may also consider the amount of cash invested in the property
in relation to said fair market value and purchase price, the interest
rate of the mortgage, the term of the mortgage and whether the mortgage
instrument was arrived at and executed in an arm's-length transaction.
The Board may also consider the level of cash investment in the property
to determine the level of risk that the landlord has incurred in purchasing
the property.
(3)
The presence or absence of reasonably efficient and
economical management and whether the operating expenses are reasonably
incurred.
[1]
Editor's Note: Former Subsection E, Proof
of ownership, was repealed 9-7-1995 by Ord. No. 43/95.
F.
An applicant for hardship relief shall submit to the
Secretary of the Board nine copies of the following:
(1)
A statement for three preceding twelve-month periods
of gross rentals and actual expenses incurred for said 12 months in
connection with the operation of the building.
(2)
Federal tax returns pertaining to the property for
the same preceding three years.
(3)
A statement containing the date of purchase, purchase
price, original investment and financing arrangements and present
assessed value.
(4)
Any and all appraisals of the property prepared in
connection with a property tax appeal or for any other purpose.
(5)
A list of all present owners of the property which
must show the full name and address of each partner or shareholder
owning an equity interest in excess of 10% of the entity which is
the owner of record.
(6)
A full copy of any tax appeal application filed by
the owner within a five-year period prior to the filing of the application.
Any tax appeal pending during the year of the application filed with
the Board.
G.
An application for capital improvement surcharge shall
be accompanied by nine copies of the following: invoice bills, proposals
or contracts for work performed with proof of payment. Each of same
shall show the specific charge from the contractor for the expenditures
for the subject building. Allocation of bulk purchases or commingled
invoices will not be acceptable. The applicant must attach a copy
of its canceled check as proof of payment of each charge. The landlord
shall also certify that the capital improvement has been completed
and paid for in full prior to the application. Interest on loans or
other financing charges incurred by the landlord in order to make
the capital improvements shall not be allowed as part of the capital
improvement application nor shall such charges be allowed as an operating
expense on a hardship application.
H.
Any landlord who seeks a hardship or capital improvement increase under § 312-14 of this chapter must file with his application a certification from the Office of the Construction Official to the effect that the building and grounds are in substantial compliance with the Town of West New York Building and Housing Codes and the Property Maintenance Code of the State of New Jersey, which certification shall be based on an application made by the landlord to the Construction Official not more than one month before the filing of his complaint with the Board. "Substantial compliance" means 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% qualitative free of all other violations of the ordinances of the Town of West New York and the Property Maintenance Code of the State of New Jersey or any other law or regulation governing the operation and maintenance of residential dwellings, as applicable. No such increase may be granted until such certification has been filed, and, if a tenant contests the accuracy of such certification, then until the Board has determined that there is substantial compliance. If the landlord fails to file a certificate with his application for increase but later does so, then the Board may process the application, but any increase granted by the Board shall be retroactive to the date of the certificate. Whenever there is an issue as to whether or not a landlord is in substantial compliance, that issue shall be determined by the Rent Control Board[2] after a hearing based on the evidence adduced at the hearing.
At that hearing, any certification or inspection by the Office of
the Construction Official regarding substantial compliance shall be
evidential but shall not be determinative. Whenever a party who is
seeking a certificate regarding substantial compliance from the Office
of the Construction Official notifies the Rent Control Board that
the party seeks the assistance of the Board in expediting that department's
inspection, then the Rent Control Board shall utilize its best efforts
to have the Office of the Construction Official expedite said inspection.
Nothing contained in this section shall prevent the Rent Control Board
from considering testimony by the landlord and tenant as to the condition
of the property. With respect to certification of substantial compliance
with capital improvement applications, the certification shall also
include a statement that the inspector has inspected the subject dwelling
unit/building and he certifies that the capital improvements set forth
in the application have in fact been performed.
[Amended 9-7-1995 by Ord. No. 43/95]
[2]
Editor’s Note: Ordinance No. 23/10 stated that ‘all
references in the existing provisions of the Code to "Rent Leveling
Board" shall be construed to refer to the present Rent Control Board.’
References to the Rent Leveling Board were changed to “Rent
Control Board” throughout this chapter.
I.
Capital improvement surcharge.
[Amended 12-19-1984 by Ord. No. 1662; 4-20-1994 by Ord. No.
22/94]
(1)
A landlord seeking an increase in rental for completing
capital improvements or increased services shall serve upon each tenant
a copy of the application showing the costs of the completed capital
improvement or service, the number of years of the useful life of
the improvement as claimed by the landlord for purpose of depreciation
or income tax purposes, the total number of rooms or, in the alternative,
the square feet occupied by the tenant and the capital improvement
surcharge he is seeking from each tenant. The Board shall determine
if said improvement is, in fact, a major capital improvement and,
if so, shall permit said increase to take effect over the number of
years of useful life of said improvement. A capital improvement increase
shall not be considered rental or calculated in the cost-of-living
increases. In the event that the capital improvement is removed or
significantly modified prior to the number of years of useful life
of said improvement, the tenant's obligation to pay the capital surcharge
increase shall cease.
(2)
In no event shall a capital improvement surcharge
be allowed for the cost of converting a central heating system of
an individual apartment unit heating system under which the tenant
is required to pay the cost of heat and/or hot water.
(3)
The Board shall consider the useful life of capital improvements set forth on the attached Schedule A,[3] in applications that come before it.
[3]
Editor's Note: Schedule A is included as an attachment to this chapter.
(4)
Prior to the applicant submitting an application for
a capital improvements surcharge in accordance with the provisions
of this chapter, the landlord shall, prior to constructing the improvement,
file a preliminary application for approval of the proposed capital
improvement with the Rent Board Secretary indicating the nature of
the proposed improvement and the estimated cost, attaching a copy
of the proposal for said improvement and the estimated date of start
up of construction and estimated date of completion of said construction.
The Rent Board Secretary shall within 45 days of receipt of this application
either approve or disapprove the preliminary application for the proposed
capital improvement. Following completion of construction, the applicant
shall seek final approval for the surcharge pursuant to the applicable
other sections of this chapter.
[Added 9-7-1995 by Ord. No. 43/95]
J.
The Board may not accept more than one hardship application
in any twelve-month period for any building. Any increases in rent
resulting from hardship applications and/or capital improvement applications
shall be limited to 12 1/2% in the aggregate of the existing
rental in any one twelve-month period. The Rent Control Board, upon
submission to it of an application by a landlord or tenant as aforesaid,
together with all supporting documents, evidence and other information
that the Board may require, shall determine the application. If either
the landlord or the tenant requests a hearing within 10 days of the
service of the hardship or capital improvement application on the
tenant or the Board, on its own motion, requests a hearing, a hearing
date shall be set to determine the application based upon the documents
submitted. Either party may appeal a determination of the Rent Control
Board[4] to the Rent Control Board where the determination has
been rendered on the documents submitted without a hearing on written
notice to the Secretary of the West New York Rent Control Board within
10 days of the date of their receipt of the Board's determination.
The Board at said hearing shall consider proofs and testimony relevant
to said application. The Board shall grant or deny said application
and may modify or otherwise adjust all rentals by increasing or decreasing
same, and said Rent Control 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. Hearings on any of the aforestated
applications should be scheduled no later than 60 days after the submission
of the applications and any other documents, evidence or information
required to be submitted by the Board so as to deem the application
complete.
[4]
Editor’s Note: Ordinance No. 23/10 stated that ‘all
references in the existing provisions of the Code to "Rent Leveling
Board" shall be construed to refer to the present Rent Control Board.’
References to the Rent Leveling Board were changed to “Rent
Control Board” throughout this chapter.
K.
No single guideline, standard or consideration set
forth in the preceding subsections shall be deemed or construed as
requiring, in and of itself, an increase, adjustment or decrease in
rental, and the Board shall consider all of the factors contained
in all of the preceding subsections in rendering its decision on the
applications provided for herein. None of the aforestated subsections
shall be construed or deemed to limit any additional considerations
or information that the Board deems relevant or material to the applications
herein provided for.
L.
The Rent Control Board shall not consider a landlord's
application for a hardship increase where the landlord is found to
be "warehousing" apartments, herein defined as any apartment unit
that remains vacant for a period of 60 days from the date that the
last tenancy is terminated. The Rent Control Board may consider justifiable
reasons for the apartment remaining vacant beyond the sixty-day period,
but shall be limited to considerations such as:
[Added 2-19-1986 by Ord. No. 1707]
M.
All landlord applications for capital improvements shall be $150
per unit, and hardship applications shall be $125 per unit.
[Added 4-18-2012 by Ord.
No. 10/12]
[Amended 4-18-2012 by Ord. No. 10/12]
When services, care or maintenance decline in
any dwelling, any tenant may apply to the Rent Control Board for a
decrease in rent. Said notice shall be served on the landlord and
all other tenants, setting forth the reasons in detail for such application.
At least 15 days shall elapse before a hearing thereon is held, and
notices shall be served by certified mail, return receipt requested.
Said hearing shall be conducted before the Rent Control Board. The
Secretary of the Rent Control Board shall provide all relevant information
prior to the meeting.
[Added 10-17-1984 by Ord. No. 1656]
A.
When a landlord seeks to convert the heating and/or
hot water systems in the dwelling, the landlord must file with the
Rent Control Board, prior to applying for any permit, the following
information:
[Amended 4-18-2012 by Ord. No. 10/12]
(1)
An application with the Rent Control Board on forms
to be supplied by the Rent Control Board, indicating its intention
to convert its heating and/or hot water system.
(2)
The application shall include the following:
(a)
A statement from Public Service Electric and
Gas Company estimating the costs to supply heat and/or hot water for
each apartment unit. The dollar figure shall set forth the estimated
cost that each tenant shall be required to pay to supply heat and/or
hot water for their individual apartment unit.
(b)
A cost estimate from the company retained by
the landlord to install the conversion equipment indicating the cost
to supply heat and/or hot water per apartment unit. This dollar figure
shall set forth the estimated cost that each tenant shall be required
to pay to supply heat and/or hot water for their individual apartment
unit. This estimate shall also include the date of the commencement
of the contract for conversion and the estimated date of completion.
(c)
A certification that he has served a copy of
the application with attachments on each tenant and the date of service.
B.
The Rent Board shall schedule a hearing, upon receipt
of said application, on notice to the tenant and landlord at which
time it will enter an order decreasing the rent for each apartment
in an amount which considers the increased costs that the tenants
will incur after the conversion is completed. Said decrease in rents
shall be effective upon completion of the conversion.
C.
The Plumbing Inspector shall not issue a plumbing
permit until the landlord has filed a copy of a stamped, filed copy
of the application with the Rent Control Board required under this
section.
D.
The landlord’s fee for an application under this section is
$125 per unit.
[Added 4-18-2012 by Ord.
No. 10/12]
[Added 1-6-1985 by Ord. No. 1669; amended 4-18-2012 by Ord. No. 10/12]
Any tenant or apartment unit that is the subject of a heating conversion under which the tenant shall be required to pay the increased cost of utilities shall be entitled to an automatic rent reduction in the amount of the monthly utility bill that the tenant is required to pay. This automatic rent reduction may be modified upon application by the landlord or tenant to the Rent Control Board in accordance with the procedures set forth in §312-10.
[Added 8-18-1999 by Ord. No. 14/99; amended 4-18-2012 by Ord.
No. 10/12; 11-19-2012 by Ord. No. 35/12]
Any tenant seeking a rental adjustment based
upon an illegal increase shall be required to file an application
for said decrease and/or adjustment in rent to be entitled to have
his rent adjusted prospectively by the Rent Control Board. The tenant
shall be entitled to a prospective rental adjustment by the Rent Board
as well as any rebate of the illegally collected rent during the period
said rent was received by the landlord, up to and including three
years prior to the date that said application is granted.
[1]
Editor's Note: Original § 182-10,
Certificate of exemption for rehabilitated dwellings, was repealed
8-15-1984 by Ord. No. 1651. Said ordinance also provided that "The
Rent Control Board shall be authorized to hear and determine only
those substantial rehabilitation applications which were fully documented
prior to the introduction of the moratorium under Ordinance No. 1644
(May 7, 1984) under the format existing in Ordinance No. 1550 as amended
prior to the adoption of this ordinance."
[Added 8-18-1999 by Ord. No. 14/99]
A.
From and after the effective date of this section,
a landlord shall be able to pass along the increase for that year
(1999) or any succeeding year against the base calendar year 1998
of sewerage utility bills on to each apartment unit under the following
formula. The amount of the increase in a particular year over the
base year 1998 shall be divided by the total number of rooms in the
dwelling available for rent to obtain the sewerage utility pass-along
surcharge for a particular unit. The tenant shall pay the computed
sum in 12 equal monthly installments. For cooperatives, the entire
sewerage utility increase above the base year 1998 shall be divided
by the individuals in the building at the rate equal to the amount
of shares owned.
B.
No pass-alongs will be allowed for buildings with
commercial use unless there is a separate meter installed to determine
the residential use only.
C.
The landlord is encouraged to install separate water
meters in multidwellings to more accurately measure the sewerage use
of each unit. Where separate meters are installed the apportionment
shall be based upon actual use rather than the number of rooms against
the base year 1998.
D.
Senior citizens who satisfy the most recent income
guidelines established and promulgated under the Pharmaceutical Assistance
for the Aged and Disabled Persons (PAAD) shall be exempt from the
provisions of this section.
E.
Notice requirement. Any landlord seeking or attempting
to seek a sewerage pass-along shall notify the tenant and Rent Board
Secretary in writing of the calculations involved at arriving at the
sewerage charge, including copies of the sewerage utility bill for
and during the year for which the landlord is seeking the sewerage
utility surcharge and for the base year 1998. This notice shall include
a statement to the effect that the tenants have a right to object
in writing to the Rent Board Secretary indicating the reason of the
objection within 10 days of receipt of the notice. If there is an
objection filed, the Secretary shall schedule a hearing. Either party
may appeal the determination of the Rent Board Secretary to the Rent
Control Board by filing a written request for appeal within 20 days
from the date of the Rent Board Secretary's determination. The appeal
shall set forth in detail the grounds of the appeal. A filing fee
of $25 in the case of a property owner's appeal and $5 in the case
of a tenant's appeal shall be paid with that application.
F.
The landlord must be current on all sewerage payments
and municipal taxes in order to qualify for the sewerage utility pass-along.
G.
The landlord shall be required to obtain a certification
of substantial compliance and file same with this application before
being entitled to a sewerage utility pass-along.
[Amended 10-20-2010 by Ord. No. 23/10]
The Rent Control Board consisting of seven members
as heretofore established under Section 12 of Ordinance Nos. 1116,
1141 and 1164[1] is hereby continued in existence and maintained until
the termination of this chapter as the Rent Control Board of the Town
of West New York. Said Board shall consist of seven members. The members
of said Board shall be appointed by the governing body, and the terms
of office shall be for a period of one year each. Each member is to
serve without compensation for their services.
[1]
Editor's Note: These ordinances contain former
provisions on rent control continued by this chapter.
The Rent Control 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:
A.
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes 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 from
time to time by the Board of Commissioners in the exercise of its
discretion, provided that such rules are filed with the Town Clerk.
B.
To supply information and assistance to landlords
and tenants to help them comply with the provisions of this chapter.
C.
To hold hearings and adjudicate applications from
landlords for adjustment or additional rental as herein provided.
D.
To hold hearings and adjudicate applications from
tenants for adjustments or reduced rental as herein provided.
E.
F.
A quorum for hearing shall consist of at least four
members and a majority of the quorum present shall be authorized to
issue orders relating to the powers and functions of the Rent Control
Board. Said Board shall give both landlord and tenant, with or without
counsel, reasonable opportunity to be heard before making any determination.
G.
To require a landlord to produce for examination his,
her or its books, records, tax returns, balance sheets and 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 in this section.
H.
The Rent Control Board, upon an application by a landlord
or upon an application by a tenant or upon application by an interest
party or upon its own motion, may set a date for hearing, consider
proofs and grant, deny, modify or otherwise adjust all rentals by
increasing or decreasing same, and said Rent Control 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.
I.
The Rent Control Board may delegate to the Rent Control
Board Secretary any determinations for rental adjustments, legal rent
calculations, applications for reduction of rent, conversion of heating
and/or hot-water systems and reductions required thereunder and capital
improvement applications.
[Added 9-7-1995 by Ord. No. 43/95; amended 11-23-2009 by Ord. No.
28/09; 8-15-2012 by Ord. No. 27/12]
(1)
The
Rent Control Board may delegate to the Rent Control Board Secretary
the authority to determine whether any application submitted to the
Rent Control Board is administratively complete. Such regulation shall
provide, at a minimum, that the Rent Control Board Secretary shall
make a determination as to an application’s administrative completeness
within 10 days of receipt. If such application is deemed administratively
incomplete, the Rent Control Board Secretary shall return such application
to the applicant with an explanation as to the nature of the incompleteness.
(2)
The Rent Control Board [or the Rent Control Board Secretary empowered to conduct administrative review of applications by regulation pursuant to Subsection I(1) of this section] shall provide a report to the Tenant Advocate, on all applications rejected, in the month following the last previous meeting of the Rent Control Board, and the reason for such rejection, at least one week prior to the next regularly scheduled meeting of the Rent Control Board. The Rent Control Board Secretary shall provide such a report to the Rent Control Board at the same time the Rent Control Board Secretary provides such report to the Tenant Advocate if the Rent Control Board Secretary is empowered to conduct administrative review of applications by regulation pursuant to Subsection I(1) of this section.
(3)
The
Rent Control Board Secretary shall provide any reports requested of
the Secretary by the Board of Commissioners, the Municipal Administrator,
the Town Attorney, the Rent Control Board Attorney, the Tenant Advocate,
or any other Board of the Town of West New York.
J.
Secretary
of Rent Control Board. The Secretary to the Rent Control Board shall
be appointed by the Commissioner of the Department in which the Rent
Control Board is assigned. The Secretary shall perform all of the
administrative functions required for the implementation of the Rent
Control provisions of the Town Code, and the Secretary’s duties
shall include attendance at all meetings of the Rent Control Board
and at such other proceedings as may be required. The administrative
supervision of the person designated as Secretary shall be vested
in the Commissioner heading the Department of the Town in which the
Rent Control Board is assigned, or such subordinate as that Commissioner
shall direct in order to ensure the day-to-day compliance with the
requirements of the Rent Control provisions and the personnel requirements
of the Town.
[Added 10-20-2010 by Ord.
No. 23/10]
[Amended 10-16-1985 by Ord. No. 1690; 9-7-1995 by Ord. No. 43/95; 4-18-2012 by Ord. No. 10/12]
All determinations of the Rent Control Board
are final, and any appeal of said determinations may be made to the
Superior Court of New Jersey pursuant to the rules of that Court.
The Rent Control Board, on its own motion, may reconsider any of its
prior determinations, or those of the Secretary.
During the term of this chapter, the landlord
shall maintain all standards of service, maintenance, furniture, furnishing
use and equipment in the housing space and dwelling as he provided
or was required to do by law or lease as of March 1, 1973, or such
other date as establishes the base rent level.
A.
The base rent shall be deemed to be the lawful rent
for the housing space which was in effect on March 1, 1973, and no
lease or rental for the housing space shall exceed such base rent
plus any surcharge or increase authorized by the provisions of this
act, less any decrease ordered hereunder.
B.
In addition to the other powers conferred upon the
Rent Control Board hereinabove, the Rent Control Board shall provide
information on and in accordance with the procedure hereinabove described
and shall enforce any federal or state legislation or regulations
pertaining to rent control unless prohibited from such action by federal
or state law.
In all cases, combined rent increases for all
causes shall be limited to 15% in any one twelve-month period. The
landlord shall make every effort to assert all increases authorized
under this chapter in a single annual notice to tenants to be effective
on the date on which the cost-of-living increase becomes effective.
The following fees shall apply to all applications
or other proceedings of the Rent Control Board or appeals therefrom
to the Board of Commissioners hereunder:
A.
Landlord applications to the Rent Control Board: $100
per unit.
[Amended 9-21-1983 by Ord. No. 1615; 4-18-2012 by Ord. No. 10/12]
B.
Landlord applications to the Board of Commissioners:
$100 per unit.
[Amended 9-21-1983 by Ord. No. 1615; 4-18-2012 by Ord. No. 10/12]
C.
Tenant applications to Rent Control Board: $5 per
leasehold or tenancy application; $25 per building, association or
group containing more than four leasehold or tenancy applications.
D.
Tenant applications to Board of Commissioners: $5
per leasehold or tenancy application; $25 per association or group
containing more than four leasehold or tenancy applications. Fees
shall be paid only by check or money order, made payable to Town of
West New York. No cash shall be accepted.
E.
The landlord shall also pay a fee for the inspection
required for the issuance of a certificate of substantial compliance.
Said fee shall be $25 for apartment unit; except that, in the case
of a capital improvement application or applications for approval
of written rental agreements which require a certification by the
inspectors that the improvements have in fact been performed, the
landlord shall pay a fee of $50 per apartment unit.
[Amended 9-7-1995 by Ord. No. 43/95]
F.
Applications
for overcharges are to be $15 per unit.
[Added 4-18-2012 by Ord.
No. 10/12]
This chapter, being necessary for the welfare
of the town and its inhabitants, shall be liberally construed to effectuate
the purposes thereof.
Previously adopted rules and regulations of
the Rent Control Board governing hardship applications have been incorporated
in this chapter, and said rules and regulations are hereby adopted
and reaffirmed as of the effective date of adoption of such rules
and regulations by the Rent Control Board on or about March 1975 to
the adoption of this chapter, at which time, the provisions of this
chapter shall apply.
[Amended 12-21-2017 by Ord. No. 29/17]
A.
A violation of any provisions of this chapter, including but not
limited to the filing with the Rent Control Board or Board of Commissioners
of any material misstatement of fact, shall be punishable by a fine
of not more than $500 or by imprisonment for not more than 30 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.
The Secretary of the Rent Control Board shall have the authority
to file a complaint with the Municipal Court, which shall be by way
of summons for any alleged violation of any of the provisions of this
chapter. The Municipal Court shall have jurisdiction to preside over
any summons issued pursuant to this section.
C.
In the event that any landlord is found by the Municipal Court to
have violated any of the provisions of this chapter, the Court, in
addition to assessing those penalties cited above, shall assess against
the landlord reasonable court costs, and the reimbursement of any
attorney's fees incurred by the Town of West New York, including but
not limited to those attorney's fees charged to the Town by either
the Rent Control Board Attorney or the Tenant Advocate for the matter
or matters concerning the violation found by the Court. Such attorney's
fees shall not be limited to the attorney's fees incurred for the
time of any Municipal Court appearance associated with the violation
but may include all such fees incurred by the Town, as related to
the found violation.
[Amended 5-14-1986 by Ord. No. 1719]
A.
All of the rights, privileges, duties and obligations
conferred or imposed upon any tenant or landlord or upon any person,
firm, legal entity or corporation by Ordinance Nos. 1116, 1141, 1149
and 1172,[1] with amendments, are hereby continued in full force and
effect during the lifetime of this chapter except as rights, privileges,
duties or obligations have been specifically modified, altered, amended
or rescinded by this chapter. Ordinance No. 1368 is repealed; Ordinance
No. 1461[2] is saved from repeal and shall survive the adoption of
this chapter.
B.
It is the intent of this chapter in rescinding the fuel surcharge and tax surcharge sections of previously adopted ordinances which are now superseded by this chapter that landlords shall be permitted to continue to collect tax surcharges properly asserted under the previously adopted ordinances prior to June 30, 1982 (Ordinance No. 1557); from the effective date of this chapter, no landlord shall be permitted to collect a fuel surcharge from a tenant, and from the effective date of Ordinance No. 1550, as amended by Ordinance No. 1557, any additional increase in taxes shall be considered in a hardship application pursuant to § 312-8 of this chapter. Notwithstanding the foregoing provisions, or any provision of the ordinances of the Town of West New York governing rent control or any interpretation or construction thereof, the costs of fuel and taxes borne by a landlord may be considered by the Rent Control Board in its determination of a hardship application hereunder.
[Amended 10-20-2010 by Ord. No. 23/10]
[Amended 9-1-1982 by Ord. No. 1557; 5-16-1984 by Ord. No.
1641; 5-21-1986 by Ord. No. 1715; 7-20-1988 by Ord. No. 1816; 5-16-1990 by Ord. No. 1880; 2-19-1992 by Ord. No. 1969; 4-19-1995 by Ord. No. 18/95; 10-1-1997 by Ord. No. 27/97]
This chapter is to take effect immediately upon
passage and publication as required by law, retroactive to June 1,
1996. It is the intent that Rent Control Ordinance No. 1550, as amended
and incorporated under Chapter 182[1] of the Code of the Town of West New York, shall be in
full force and effect and continuous from the adoption of Ordinance
No. 1550 on or about July 1982.
[Amended 9-16-1992 by Ord. No. 2000; 11-23-1994 by Ord. No.
122/94; 1-18-1995 by Ord. No. 138/94[2]]
A.
The Rental Control Board or Secretary to the Rent
Control Board shall have authority to review and approve all written
rental agreements executed between tenants and landlords with respect
to tenancies that would be governed by the provisions of this chapter,
as amended.
[Amended 8-15-2012 by Ord. No. 27/12]
B.
The application for the review of said rental agreement
shall be made by the landlord to the Secretary to the Rent Control
Board. The application shall contain the following information:
(1)
A copy of the proposed rental agreement.
(2)
The basis for the proposed increase.
(3)
A current rent roll setting forth the existing rent
and the proposed rent under the rental agreement.
(4)
A certification by the landlord and the affected tenants
that they fully understand and agree to the terms of the rental agreement.
(5)
A series of photographs which show the condition of
the apartment before the improvements and the condition of the apartment
after the improvements.
(6)
A copy of all bills, invoices and canceled checks
showing the improvements.
C.
The landlord shall serve a copy of the application
on each tenant by personal service or by certified mail, return receipt
requested, at least 15 days before any hearing thereon, and the landlord
shall be required to file a proof of service with the Secretary to
the Rent Control Board. Upon receipt of said application, the Secretary
to the Rent Control Board shall schedule a hearing, and the landlord
shall serve upon each tenant, personally or by certified mail, return
receipt requested, at least 10 days in advance of said hearings, a
second notice advising the tenants that the application for approval
of the rental agreement previously served would be heard by the Rent
Control Board or Secretary to the Rent Control Board on that date.
Said notice shall also advise the tenants that any objections to the
proposed rental agreement would be heard on that date. This notice
shall also be posted in a conspicuous location in the public area
of the building.
[Amended 8-15-2012 by Ord. No. 27/12]
D.
In reviewing said application, the Rent Control Board
or Rent Control Board Secretary shall consider but not be limited
to the following factors:
[Amended 8-15-2012 by Ord. No. 27/12]
(1)
Whether the landlord has made significant improvements
to the apartment which improve the living conditions of the tenant.
(2)
The amount of the increase, it being the general policy
that no increase should be approved which is unconscionable in relation
to the prior approved base rent.
(3)
Whether the agreement is fair and reasonable.
(4)
Whether the agreement has been accepted by a great
majority of tenants in the building.
(5)
All other factors which the Rent Control Board deems
relevant and proper.
E.
Any approval of a rental agreement by the Rent Control
Board or Rent Control Board Secretary shall be by resolution.
[Amended 8-15-2012 by Ord. No. 27/12]
F.
The application shall be accompanied by a fee of $125
per household or dwelling unit or $600 per building containing more
than five dwelling units. The applicant shall also be responsible
for stenographer fees established by the Secretary to the Rent Control
Board Office, which shall be filed with the application.
[Amended 4-18-2012 by Ord. No. 10/12]
G.
No rental agreement and application filed under this
chapter shall be valid unless it is executed by the tenant and the
landlord or the landlord's agent in the presence of the Secretary
to the Rent Control Board or his designee, prior to the application's
coming before the Rent Control Board or Rent Control Board Secretary.
The Rent Board Secretary shall certify to the Rent Control Board that:
[Amended 8-15-2012 by Ord. No. 27/12]
(1)
The landlord and tenant approved before them and the
date.
(2)
The Rent Control Board Secretary explained to the
tenant and landlord the appropriate provisions of the Rent Control
Ordinance and that the tenant is agreeing to pay a rent higher than
that which would be allowed under the Rent Control Ordinance for that
apartment.
H.
The landlord shall file with his application a certificate
of substantial compliance issued by the office of the Construction
Official or his designee, who shall inspect the subject apartment
and the common areas and certify that the apartment to be rented and
common areas are in substantial compliance with the appropriate local
and state Housing Maintenance Codes. The certificate of substantial
compliance shall also contain a statement by the inspector that he
has inspected the apartment, the date of inspection and that the improvements
set forth in the application have, in fact, been performed.
[Amended 8-15-2012 by Ord. No. 27/12]
I.
The application shall be filed by the landlord with
the Secretary to the Rent Control Board within 30 days of the tenant's
taking occupancy of the apartment. The Rent Control Board or the Secretary
to the Rent Control Board shall have the discretion to extend said
time period for good cause and shall have the discretion to order
a credit to the tenant for the rental increase paid beyond said thirty-day
period.
[Amended 8-15-2012 by Ord. No. 27/12]
[1]
Editor's Note: This section was originally added by Ord. No. 1461, which ordinance was specifically saved from repeal by § 312-24.
[2]
Editor's Note: Ordinance No. 14/99, adopted
8-18-1999 provided as follows:
"Section [312-26] of the Code is amended to read as follows: From or after the effective date of this ordinance, all hearings on rental agreement applications shall be initially held and determined by the West New York Rent Control Board Secretary and all locations in the existing ordinance where the term "Rent Control Board" is used, more particularly (§ 312-26), the term Rent Control Board Secretary shall be inserted in its place instead. Determinations on these applications by the Rent Board Secretary shall be subject to appeal before the Rent Control Board by filing a written request for appeal within 20 days from the date the Rent Board Secretary's determination in which appeal shall set forth in detail the grounds for appeal. A filing fee of $25 shall be paid with the appeal.
[Added 9-21-1983 by Ord. No. 1616]
Upon receipt of an application for hardship, capital improvement or substantial rehabilitation application and in addition to any fees required by § 312-20 hereof, the applicant may be required to pay for expert fees that the Board deems necessary in order to evaluate the application filed by the landlord. The fees of the proposed expert shall be forwarded to the landlord, and said fee schedule shall be reasonable.
[Added 7-17-1985 by Ord. No. 1683]
A.
Landlords of all dwellings which are subject to the
provisions of this chapter shall file within 60 days of the final
adoption of this section a rent registration statement and a filing
fee of $20 with the Rent Control Office. This registration statement
shall include the following information to be provided on a form provided
by the Rent Control Office:
[Amended 4-18-2012 by Ord. No. 10/12]
(1)
The name of each tenant and the apartment number.
(2)
The number of rooms for each apartment.
(3)
The current base rent for each apartment.
(4)
The amount of the last increase for each apartment
unit.
(5)
The date of the last increase for each apartment unit.
(6)
The date of lease expiration for each apartment unit.
(7)
(If applicable) services provided to the building.
(8)
The name, address and phone number of the record owner
or owners of the dwelling.
(9)
If the record owner is a corporation, the name, address
and phone number of the registered agent and corporate officers of
the corporation.
(10)
If the address of any record owner or owners
is not located in the County of Hudson, the name, address and phone
number of a person who resides in the County of Hudson or has an office
in the County of Hudson and is authorized to accept notices from tenants
and to issue receipts for notices from tenants and to accept service
of process on behalf of the record owner or owners.
(11)
The name, address and phone number of the managing
agent of the dwelling, if any.
(12)
The name, address and phone number, including
the dwelling unit, apartment or room number, of the superintendent,
janitor, custodian or any other individual employed by the record
owner or managing agent to provide regular maintenance service, if
any.
(13)
The name, address and telephone number of any
individual representative of the record owner or managing agent who
may be called at any time in case of an emergency affecting the dwelling
or any housing space within the dwelling, including such emergencies
as the failure of any essential service or system, and who has the
authority to make emergency decisions concerning the building and
any repair to the building or any expenditure in connection with the
building.
B.
Every landlord required to file an information statement
described in this subsection shall file an amended information statement
within seven days after any change in the information required to
be included in the information statement.
C.
Within 30 days following the effective date of this
section and at the time of the creation of a new tenancy, every landlord
subject to this chapter shall provide each occupant or tenant in his
dwelling a written statement containing all of the information required
to be filed with the Town Clerk in accordance with this section. Commencing
30 days following the effective date of this ordinance, this information
shall be posted at all times in the lobby, hallway or other conspicuous
place within the dwelling. If any information contained in the statement
changes, the landlord shall inform each occupant or tenant of the
change in writing within 30 days and correct the information posted
within seven days after the change.
D.
This statement must be maintained on a yearly basis by filing with the Town Clerk, with a filing fee of $10, an annual registration statement not later than October 1 of each year. Failure to register or reregister, or false registrations, shall be punishable pursuant to § 312-23. A copy of the annual registration shall be presented to any tenant upon demand.
E.
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
Town Clerk.
F.
Should the landlord of a rent-controlled building fail to ever file
a rent registration statement, the establishment of the amount of
base rent shall be through the tenant. In those cases, the tenant
shall provide proof of rent from the first instance that said payments
were made, or as soon thereafter. Proof may consist of receipts, leases,
and/or anything else that is deemed satisfactory by the Secretary
to the Rent Control Board.
[Added 9-19-2012 by Ord.
No. 32/12]
G.
In such cases as demonstrated in Subsection F above, the present rent of the tenant shall be calculated by increasing the base rent by the CPI increases for each year that the building should have been registered. Landlords shall be required to file and to pay for each of the rent registration statements that are necessitated under the circumstances described within this subsection.
[Added 9-19-2012 by Ord.
No. 32/12]
[Added 1-22-1986 by Ord. No. 1701]
A.
Every landlord who intends to remove a multifamily
dwelling (herein defined as any dwelling with more than three residential
units) from residential use shall, within 10 days from the date a
six-month notice is served on the tenants, file an application with
the Rent Control Board, which application shall include the following
information:
(1)
The name and address of the landlord.
(2)
The address of the property.
(3)
The number of units in the building.
(4)
The name and apartment number of each tenant.
(5)
The attached copy of notice served on each tenant
and the date of service.
(6)
Set forth in detail, the use the landlord intends
for the property after removal from residential use.
B.
The application shall be turned over to the appropriate
zoning officer or zoning agency who shall determine if further proceedings
will be necessary.
C.
There shall be a fee of $50 for each building filed
with this application.
D.
Any person who violates this section shall be subject
to the fine of not more than $500 and/or imprisonment of not more
than 90 days.
E.
Eviction of tenants.
[Added 2-21-1990 by Ord. No. 1868]
(1)
Any property owner who seeks to evict any tenant in
a building he owns pursuant to N.J.S.A. 2A:18-61.1g(1) or N.J.S.A.
2A:18-61.1h shall be required to file the following information with
the Rent Control Board of the Town of West New York within 10 days
of the date of service of the notice of eviction required pursuant
to N.J.S.A. 2A:18-61.2: The name and address of the current tenant,
his base rent and forwarding address. The owner shall also provide
to the tenants who have received notice of termination pursuant to
NJ.S.A. 2A:18-61.1g(1) or h information regarding their rights pursuant
to 2A:18-61.1d and e. A copy of this notice shall be submitted to
the Rent Control Board. The Rent Control Board Secretary shall also
keep a municipal registry for former tenants and file current addresses
for receiving notice pursuant to N.J.S.A. 2A:18-61.1e.
(2)
There shall be a fee of $50 for each building filed
with this application.
(3)
Any person who violates this subsection shall be subject
to the fine of not more than $500 and/or imprisonment for not more
than 90 days.
[Added 2-19-1986 by Ord. No. 1705]
A.
In the event that a landlord of a multifamily dwelling
seeks to retire a multifamily dwelling, subject to the provisions
of this chapter, from residential use, the landlord shall within 10
days from the date he determines to retire the property from residential
use or within 10 days from the date he serves a notice on the tenants
advising them of his intent to retire the property from residential
use, whichever first occurs, file a notification with the Rent Control
Board which shall include the following information:
(1)
The name and address of the landlord.
(2)
The address of the property.
(3)
The number of units in the building.
(4)
The name and apartment number of each tenant and the
monthly rent each tenant is paying.
(5)
An attached copy of the notice served on each tenant
and the date of service.
(6)
Set forth in detail, the use the landlord intends
for the property after removal from residential use.
B.
In the event that the landlord who files the application
or any subsequent owner of the property returns the dwelling to residential
use, the base rent for each apartment shall be the lawful rent that
was charged to the last tenant that occupied the dwelling unit.
C.
This amendment shall take effect immediately upon
passage and publication as required by law. This amendment shall also
apply retroactively to all landlords who have filed notices to retire
their property from residential use from January 1, 1985, to the effective
date of this section. The landlords to whom this amendment applies
retroactively shall file the required notification within 10 days
from the effective date of this section.
[Added 2-19-1986 by Ord. No. 1706; amended 1-15-1987 by Ord. No.
1753; 5-20-1987 by Ord. No. 1776; 10-19-1988 by Ord. No. 1828]
A.
Applicability; exempt dwellings.
(1)
The owner of any dwelling unit, other than those exempted
below, shall be subject to the provisions of this section.
(2)
The following are exempt from the provisions of this
section:
(a)
Units in owner-occupied dwellings where there
are three units or fewer and one of the units is owner-occupied.
(b)
Units in newly constructed buildings which are
being rented for the first time. After the first rental, such units
will be subject to the provisions of this section.
(c)
Units in a dwelling where the owner has transmitted
his first sixty-day notice of his intention to convert the building
into condominium or cooperative and his full plan of conversion to
the Acting Town Clerk pursuant to N.J.S.A. 2A:18-61.8, so long as
the conversion plan is not abandoned.
(d)
Units in dwellings, the owners of which have
transmitted notice under N.J.S.A. 2A:18-61.1g(1) or h. This exemption
shall remain in effect so long as the owner is in compliance with
provisions of the section under which notice was given.
(e)
Units in hotels or motels.
B.
Requirements. All such units shall be rented and occupied by a tenant within 60 days after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant(s), except where an extension has been granted by the Department of Housing under the provisions of Subsection C 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 Subsection C shall be considered a violation of this section and subject the owner to the penalties set forth in Subsection E below.
C.
Extension of time period.
(1)
An owner may apply for an extension of the time period set forth in Subsection B, where the condition of the 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 Department of Housing within 30 days or less from the date the preceding tenancy ended, setting forthwith specificity:
(2)
The owner shall provide the Department of Housing
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 Department of Housing shall specify the date by which the dwelling 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, except as provided in Subsection C(5) below.
(4)
The following circumstances shall constitute grounds for the granting of an extension pursuant to Subsection C(1) above by the Department of Housing:
(a)
An owner wishes to reserve a vacant dwelling
unit for a family member. The owner shall provide in the extension
application full documentation, including the name of the future tenant,
the family relationship and the date of occupancy.
(b)
Any owner desires to maintain a dwelling unit
vacant in order to improve the conditions of said dwelling 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 unit shall
be rented and occupied.
(c)
An owner maintains a vacant dwelling unit in
order to correct code violations in said unit. The owner shall provide
in the application full documentation, such as code violation reports,
correction plans, permits and the date by which the dwelling unit
shall be rented and occupied.
(5)
Extension of the time period provided in Subsection B of this section beyond the maximum time prescribed by Subsection C(4) above shall be only granted upon a clear and convincing showing by the owner that a good faith effort has been made to rent the dwelling 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 Subsection C(4) above shall be 60 days, renewable upon a new showing by the owner.
D.
Every landlord and/or managing agent of a multifamily
rental dwelling (herein defined as any dwelling with four or more
rental apartments, whether or not owner-occupied, or any dwelling
with two or three rental apartments that is no owner-occupied) shall
register any apartment unit that is not rented and occupied by a bona
fide tenant within 30 days after the termination of a prior tenancy
with the Tenant Relations Office of the Town of West New York, which
registration shall be in writing, by certified mail, return receipt
requested. The registration shall include the following:
(1)
The name, address and telephone number of the landlord
and/or managing agent.
(2)
The name, address and telephone number of the Superintendent
for the building in question.
(3)
The total number of apartment units in the building.
(4)
The apartment number, number of rooms and monthly
rent of the vacant apartment, the name of the tenant that has vacated
the apartment and the rent he was paying when he vacated.
(5)
Any other information the Tenant Relations Office
deems appropriate.
E.
Violations.
(1)
Any individual affected by the action or inaction
of a owner of a dwelling unit subject to the provisions of this section,
any civic organization and any appropriate municipal agency may file
a complaint of violation of this section with the Department of Housing.
If the Department of Housing finds probable cause that a violation
has occurred, the Department of Housing shall file a complaint in
the Municipal Court.
(2)
A first violation of Subsections B and D of this section or the conditions upon which an extension has been granted by the Department of Housing pursuant to Subsection C of this section shall be punishable by a fine of not more than $500 for each unit in violation. Subsequent violations shall be punished by a fine of not less than $100 nor more than $500. Each day during which an owner is in violation of Subsections B and D or the conditions upon which a waiver has been granted by the Department of Housing pursuant to Subsection C of this section shall constitute a separate violation hereunder.
F.
Conflicts with state law. This section is intended
and shall be construed to avoid any conflict with state law, in particular
but not limited to state statutes regulating the possession of apartments
and regulating the conversion of rental units into other forms of
ownership.
[Added 9-7-1995 by Ord. No. 43/95]
A.
Any conduct, direct or indirect, committed by a landlord,
or anyone on his behalf, which results in the harassment of a tenant,
including but not limited to a reduction of services, bothersome telephone
calls or letters, bellringing, frivolous eviction threats or legal
proceedings, shall be unlawful and shall constitute a violation of
this chapter. A complaint for this violation can be brought in the
West New York Municipal Court and must be filed within 90 days of
the alleged act of harassment.
B.
Upon a finding that a landlord was guilty of harassment
under this chapter, the court shall impose a fine of up to $1,000
per act of harassment, with a minimum mandatory fine of $150 for a
first offense, $300 for a second offense and $500 thereafter.
[Added 5-20-2020 by Ord. No. 13/20]
B.
Definitions.
Terms used in this section, whether capitalized or not, shall have
the same definition as set forth in the Rent Control Ordinance, as
same has been previously interpreted by the West New York Rent Control
Board. For the purpose of avoiding any ambiguity, it is expressly
stated that for purposes of this section the term "landlord" shall
mean an owner, lessor, sublessor, assignee, or other person receiving
or entitled to receive rent or any agent of a person receiving or
entitled to receive rent for use, rental or occupancy of a housing
space, whether by written or oral rental agreement, letting, or otherwise,
or an agent or successor of any of the foregoing.
C.
Moratorium.
A moratorium shall be and is hereby effectuated to prevent any increases
in rent within the Town of West New York, even as otherwise permitted
by the Rent Control Ordinance, from taking effect. Such moratorium
shall be deemed effective as of the date of the PRIM, and such moratorium
shall remain in effect for no longer than two months following the
cessation of the state of emergency declared by Governor Murphy due
to the COVID-19 pandemic.
D.
Suspension
of certain increases.
(1)
Any
increases in rent that may have been noticed or otherwise enacted
subsequent to the March 15, 2020, proclamation, but prior to the PRIM,
are hereby suspended effective as of the date of the PRIM, and such
suspension shall remain in effect for no longer than two months following
the cessation of the state of emergency declared by Governor Murphy
due to the COVID-19 pandemic.
(2)
No
claim for refund of increases in rent paid prior to the PRIM may be
had under the terms of this section, even if such increased rent was
paid pursuant to an increase in rent noticed or enacted after March
15, 2020.
E.
Notices
of future increases. Nothing in this section or the PRIM shall be
read as prohibiting the giving of notice of an otherwise lawful rent
increase slated to take effect after two months following the cessation
of the state of emergency declared by Governor Murphy due to the COVID-19
pandemic if such notice is not otherwise in violation of the Rent
Control Ordinance, or other law or of a rental agreement.
F.
Prohibited
increases null and void. Any increases in rent enacted or imposed
in violation of this section or the PRIM shall be null and void and
shall not be considered legally due and owing for any purpose.
G.
Prohibited
increases not legally due and owing. Any amount, or portion thereof,
that would otherwise have been due as an increase in rent, except
for the terms of this section or the PRIM, shall not be considered
legally due and owing for any purpose.
H.
Attempts
at collection of barred rent increases; violation. Any attempt to
collect any increase in rent in violation of this section or the PRIM
shall be considered a violation of this section. Every receipt of
any increase in rent or any portion of such increase from any tenant
in violation of this section shall be considered a separate and distinct
violation hereof.
I.
Safe harbor.
To the extent any amount of rent increases barred from collection
by this section or the PRIM are collected prior two months following
the cessation of the state of emergency declared by Governor Murphy
due to the COVID-19 pandemic, an affirmative defense to any violation
for the collection of same, shall be that within 30 days of such collection,
the landlord either: (i) returned such amount to the tenant, or (ii)
the tenant agreed in a writing to an offer by the landlord to apply
such amount as an offset to future rent due; and (iii) that the landlord
was either without actual knowledge of the terms of this section or
the increase was paid without solicitation of the landlord after the
PRIM.
J.
Prohibited
increases not to be collected as back rent or other fee or charge.
(1)
Any
amount, or portion thereof, that would otherwise have been due as
an increase in rent except for the terms of this section, or the PRIM,
shall not be attempted to be recouped, even after the lapse of the
moratorium and suspension instituted by the terms of this section
or the PRIM ("moratorium and suspension period") such as by: (i) charging
a tenant or tenants any "back rent;" or (ii) through other artifice,
such as by way of example, the imposition of any surcharge or any
fee or other charge not enacted for a bona fide reason, except as
may otherwise be provided by the Rent Control Ordinance.
(2)
No
fee or charge collected and authorized by a rental agreement prior
to the passage of this section or the PRIM may be increased during
the term of the moratorium and suspension period, even if such fee
or charge does not qualify as rent.
(3)
No
fee or charge that was collected and authorized by the rental agreement
prior to this section or the PRIM, but that does not qualify as rent,
may be increased after the lapse of the moratorium and suspension
period, absent a bona fide reason.
(4)
For
purposes of this subsection, recoupment of any increase in rent foregone
as a result of this section or the PRIM is not a bona fide reason.
(5)
Any
attempt at recouping the foregone rent increase in a manner prohibited
by this subsection either during or after the lapse of the moratorium
and suspension period shall be considered a violation of this section.
(6)
Every
receipt, of any portion, of any amount sought recouped from any tenant
or tenants in a manner prohibited by this subsection shall be considered
a separate and distinct violation of this section.
K.
Refund
of certain rent increases and offsets. Any amount of increase in rent,
however denominated, collected in violation of the terms of this section
or the PRIM, whether during or after the lapse of the moratorium and
suspension period, shall be refunded. If within 30 days of collection
such amount is either: (i) not returned to a tenant or tenants; or
(ii) the landlord has not offered to apply such amount to future rents
due, as otherwise provided for in this section, thereafter the tenant
or tenants who paid such amount may elect, in a writing to the landlord,
to have such amount offset or deducted from future rents, and any
amount not returned may be considered by the Rent Control Board in
making determinations, in favor of a tenant only, under the Rent Control
Ordinance, or by the Superior Court in making any determination in
action for eviction or ejectment. No increase of rent enacted in violation
of this section shall be considered as part of the base rent under
the Rent Control Ordinance for any purpose, except if consideration
of same would be favorable to the interests of a tenant.
L.
Private
right of action; defense to eviction. Without limiting any other rights
a tenant may have, any tenant who was charged and paid any increase
of rent, or any other sum, in violation of the terms of this section
or the PRIM, shall be permitted to make an application for recovery
of same with the Rent Control Board, and/or any court of competent
jurisdiction, or otherwise raise the terms of this section or the
PRIM as a defense to any action for eviction or ejectment based on
nonpayment of rent up to the amount of rent increase or other sums
collected by the landlord in violation of the terms of thereof, in
the event that: (i) any amount of increase in rent or sum collected
in violation of the terms of this section or PRIM shall not have been
refunded by landlord to the tenant who paid such amount within 30
days of collection of same; (ii) the tenant has not otherwise previously
elected in a writing to the landlord to have such amount offset or
deducted from future rents; and (iii) in the case where payment is
raised as a defense to eviction or ejectment, such amounts have not
yet been utilized to offset or deduct future rents due.
M.
No ratification
of otherwise improper rent increases; rights and remedies cumulative.
Nothing in this section or the PRIM shall be read as ratifying or
otherwise permitting any rent increase, fee or charge in violation
of Rent Control Ordinance or any other ordinance, the laws of this
state, or of any rental agreement, or in derogation of any other rights
a tenant may otherwise have under a rental agreement or against a
landlord of whatever kind, the rights remedies provided for herein
being remedial and cumulative.
N.
Violations and penalties. Any violation of this section or the PRIM shall also be considered a separate violation of the Rent Control Ordinance. Furthermore, any person or entity violating the terms of this section or the PRIM shall be subject to an additional fine of up to $2,000 and an additional fine of up to the amount collected in violation of the terms of this section, and shall otherwise be subject to the penalties set forth in § 1-16 of the Code of the Town of West New York.
O.
Severability.
The provisions of this section are declared to be severable and if
any section, subsection, sentence, clause or phrase thereof for any
reason be held to be invalid or unconstitutional, such decision shall
not effect the validity of the remaining sections, subsections, sentences,
clauses and phrases of this section, but same shall remain in effect;
it being the legislative intent that this section shall stand notwithstanding
the invalidity of any part.
P.
Repealer.
The PRIM and all ordinances or parts thereof in conflict or inconsistent
with this section are hereby repealed, but only, however, to the extent
of such conflict or inconsistency.
Q.
Codification.
The Town Clerk shall have this section incorporated in the official
copies of the Code of the Town of West New York. The Town Clerk and
the Town Attorney be and are hereby authorized and directed to correct
any typographical errors, change any heading, chapter numbers, article
numbers and section numbers in the event that the codification of
this section reveals that there is a conflict between those headings
and numbers and existing provisions of the Code of the Town of West
New York, or as they may otherwise deem appropriate, even if the headings,
chapter numbers, article numbers and section numbers thus modified
are otherwise provided for in this section.
R.
When effective.
(1)
This
section shall take effect as of the date of introduction as it is
necessary for the immediate preservation of the public peace, health
and safety of the Town given the urgency herein described, if it is
passed by a two-thirds vote of the Board of Commissioners on introduction,
pursuant to N.J.S.A. 40:74-4.
(2)
Furthermore,
for purposes of N.J.S.A. 40:41A-101, if this section is not passed
by two-thirds vote of the Board of Commissioners on introduction,
it will take effect immediately upon adoption on second reading, as
it is necessary to ensure the safety of the public, the Resolution
of Emergency Declaration having been adopted by at least two-thirds
of the Board of Commissioners.
(3)
This
section shall be published as otherwise required.
S.
Retroactive
effect. The terms of this section are expressly made retroactive to
the date of the PRIM, and as otherwise set forth herein
