As used in this chapter, the following terms shall have the meanings
indicated:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation as defined by statutes, codes and ordinances in
full force and effect in the State of New Jersey, County of Gloucester and
Township of Washington, and either occupied or unoccupied and offered for
rent.
CAPITAL IMPROVEMENT
Any item considered as such under the Federal Internal Revenue Statute
and Regulations, subject to the approval of the Rent Leveling Board.
DWELLING
Includes any building or structure or trailer or land used as a trailer
park, either occupied or unoccupied, rented or offered for rent to one or
more tenants of family units. Exempt from the provisions of this section are
motels, hotels and similar types of buildings and housing units of two units
or less. Housing units, newly constructed and rented for the first time, are
exempt and the initial rent may be determined by the landlord. All subsequent
rents will be subject to the provisions of this chapter.
HOUSING SPACE
An area or mobile home pad designed and constructed as a functional
unit, including that portion rented or offered for rent for living and dwelling
purposes of one individual or family unit, together with all privileges, services,
furnishings, furniture, equipment, facilities or improvements connected with
the use and occupancy of such portion of the property.
LEASE
A written or oral lease in existence between the landlord and the
tenant, and, in the absence of a written or oral lease or in circumstances
wherein a month-to-month tenancy is created by the tenant and landlord, either
explicitly, implicitly or by operation of law, "lease" shall mean, for the
purposes of this chapter, the twelve-month period commencing the first day
of the month in which all leases in the mobile home park are renewable.
MOBILE HOME SPACE
That portion of a mobile home park rented or offered for rent for
the purpose of parking or positioning a trailer or mobile home for living
and dwelling purposes to one or more tenants or family units, together with
all the privileges, services, equipment, facilities and improvements connected
with the use or occupancy of such portion of the property.
PRICE INDEX
The consumer price index, all items, for the region of the United
States in which the Township is a part, published periodically by the Bureau
of Labor Statistics, United States Department of Labor.
RENTAL INCOME
The payable rent charged and received for the mobile home space over
the previous twelve-month period exclusive of any of the following: all real
property taxes, space fees or license fees charged by the Township pursuant
to any duly adopted ordinance; any cost of supplied utilities; and any increase
for hardship or major capital improvements as permitted hereinafter.
SERVICE
Mailing to the home address by certified mail, return receipt requested,
or by hand delivery certified to by affidavit or by an acknowledgment of service
executed by the person served, which affidavit or acknowledgment of service
must be retained in the records of the person causing service.
SUPPLIED UTILITIES
Fuel, electrical, water and sewer services supplied directly to the
individual mobile home, for which services the landlord is responsible to
the supplier for payment.
The establishment of rents between a landlord and a tenant to whom this
section is applicable shall hereafter be determined by the following provisions:
A. At the expiration of a lease or at the termination of
a lease of a periodic tenant, no landlord may request or receive any increase
in the rental income and additional charges for that dwelling or housing space
from any tenant, new or continuing, which is greater than a combination of
the following:
(1) Any increased cost to the landlord for supplied utilities.
(2) Any increase to the landlord in mobile home space fees
or license fees charged by the Township pursuant to any duly adopted ordinance.
(3) Any amount equal to the percentage difference between
the consumer price index 120 days prior to the date of the application for
such increase and the consumer price index at the date that the prior lease
was entered into, whichever is less. Any continuing tenant at the termination
of a tenancy shall not suffer or be caused to pay a rent increase for the
housing space or dwelling unit in any twelve-month period which exceeds the
above permitted increase for the twelve-month period. Specifically, in the
event that a specific term for the tenancy does not exist between the landlord
and tenant pursuant to any written or oral lease or in the event that explicitly,
implicitly, appliedly or by operation or law the relationship between the
landlord and tenant is realistically deemed to be a month-to-month tenancy,
tenants so situate shall not suffer or be caused to pay more than one rent
increase allowable hereunder in any twelve-month period for the relevant housing
space or dwelling unit.
B. No landlord may request or receive any increase in rental income or additional charges, except as provided by this chapter, until such time as the landlord shall have obtained approval, in writing, from the Rent Leveling Board for such increase. Furthermore, there shall be only one increase granted per landlord per dwelling or housing space for any calendar year for each of the increases permitted by this chapter, which request and decision shall be binding upon all tenancies in existence with that particular landlord which expire thereafter during such calendar year, unless otherwise provided herein. The landlord shall notify the Rent Leveling Board, in writing, at least 60 days prior to the effective date of any increase proposed pursuant to the provisions of this chapter. Such application shall have attached the calculations and/or computations involved in computing the requested increase. A copy of the notice shall be served upon all tenants who may be affected by the increase applied for. Upon receipt of the notice, and where the increase sought is based upon Subsection
A (1) and (3) above, the Rent Leveling Board shall schedule its hearing on such proposed increase. The landlord shall post in the lobby of each building or, if no lobby is present, in a conspicuous place in or about the premises involved, a notice of such hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon Subsection
A (2) above, no hearing shall be scheduled, and the increase shall become effective on the date specified in the notice if all other provisions of this section have been complied with. Notwithstanding any other provisions of this chapter, no hearings shall be required by the Rent Leveling Board on any proposed increase unless a hearing is requested, in writing, by a tenant within 10 days of receipt of notice of the proposed increase.
Rent increases, as authorized by this chapter, may be allowed only if
the landlord produces a written statement by the appropriate local officer
that the housing space or dwelling involved with the increase substantially
complies with all existing health and building codes. Separate written statements,
dated within 90 days prior to the date the proposed rent increase is to take
effect and signed by the appropriate official shall be obtained from the Washington
Township Construction Official.
Where any housing space or dwelling, or any part thereof, is being operated
in violation of state, county or municipal codes, and where such violation
adversely affects habitability, any affected tenant(s) may apply to the Rent
Leveling Board for a reasonable reduction in rent, commensurate with such
effect upon habitability. Upon receipt of such application, which must be
in writing, the Rent Leveling Board shall notify the landlord of the application
and shall schedule the matter for a hearing. If, as a result of such hearing,
the Rent Leveling Board determines that a violation of any state, county or
municipal code exists and that such violation affects habitability, it may
grant a reasonable reduction in rent to the affected tenant(s), which rent
shall remain in effect until the landlord corrects such violation(s).
A tenant shall be entitled to a rent reduction from a landlord by reason
of a decrease in municipal property taxes, municipal water and sewer rates,
cost of supplied utilities or any decrease in space fees or license fees charged
by the Township. The reduction shall not exceed that amount authorized by
the following provisions:
A. Where the decrease consists of a decrease in the municipal
property tax by reason of aid received from the State Aid for Schools Fund
and where such decrease is subject to the provisions of N.J.S.A. 54:4-62 et
seq., as may be amended from time to time, the landlord shall make such reduction
in the form of a rebate upon such terms as is provided in such statute.
B. Where the decrease consists of a decrease in municipal property tax other than that decrease provided for in Subsection
A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of completed dwelling or housing spaces existing under the landlord's control. The decrease each tenant is entitled to shall be a credit against rent taken in 12 equal monthly installments, commencing September of each year. Any tenant entitled to a rent decrease hereunder shall be served with a notice of the calculations involved in computing such reduction and the effective date of the reduction.
C. Where the decrease consists of a decrease in the cost
of supplied utilities, space fees or license fees, the landlord shall divide
the decrease in the present cost of supplied utilities, mobile home space
fees or license fees of the previous year by the total number of completed
dwelling or housing spaces under his/her control and subject to this chapter
in order to obtain the decrease per space. The decrease each tenant is entitled
to shall be a credit against rent on 12 monthly installments commencing from
the effective date of such reduction. Any tenant entitled to a rent decrease
hereunder shall be served with a notice by the landlord, including the calculations
involved in computing such reduction and the effective date of the reduction.
The landlord shall be entitled to rent surcharge for any increase in
the municipal property taxes. Any landlord seeking a surcharge for property
taxes shall serve the tenants with a notice, at least 30 days prior to the
date on which such surcharges are to be effective, of the calculations involved,
including the property tax for the mobile home park for the year immediately
preceding the year for which the tax surcharge is sought and the increase
in the present tax over the tax for the preceding year, divided by the total
number of completed dwelling or housing spaces under the control of the landlord
and subject to this chapter. The tax surcharge each tenant is liable for shall
be paid in 12 monthly installments commencing September of each year.
The landlord shall maintain the same standards of service, maintenance,
furniture, furnishings and equipment in the housing space and/or dwelling
as he/she provided or was required to provide by law or lease as of the date
the lease was entered into or, in the absence of a specific written or oral
lease, as of the date of the commencement of the tenancy.
No landlord shall charge any rents in excess of what he/she was receiving
at the effective date of this chapter, except as allowed by the Board or pursuant
to this chapter.
This chapter, being necessary for the welfare of the Township and its
inhabitants, shall be liberally construed to effectuate the purposes hereof.