[HISTORY: Adopted by the Township Committee of the Township of Union 8-25-1987 by Ord. No. 3933 (Ch. 127 of the 1986 Code). Amendments noted where applicable.]
Pursuant to Section 5 of Chapter 226 of the Laws of 1981, the Rent Leveling Board of the Township of Union be and it hereby is designated to act as the municipal administrative agency to perform the tasks set forth in Chapter 226 of the Laws of 1981.
The following procedures shall apply to any building being converted to the condominium or cooperative form of ownership:
The owner of the conversion of any building shall, prior to the filing of an application for registration, notify the Secretary of the Rent Leveling Board of the intention to file the application for registration and shall supply the Secretary of the Rent Leveling Board with a current tenant list and stamped envelopes addressed to each tenant, each such envelope containing copies of all required notices to be given to such tenants and all documents required pursuant to N.J.A.C. 5:24-2.9.
Within 10 days of the receipt of the notice of intention, the current tenant list and the stamped, addressed envelopes and copies of all notices, the Secretary of the Rent Leveling Board shall mail to each tenant the notice required by the Act and all necessary forms and, within two business days of mailing, shall submit to the owner or sponsor an affidavit that the Secretary of the Rent Leveling Board has notified each tenant as aforesaid.
Editor's Note: "The Act" refers to the "Senior Citizens and Disabled Protected Tenancy Act"; see N.J.S.A. 2A:18-61.22 et seq.
A tenant seeking protected tenancy status shall file a completed application form with the Secretary of the Rent Leveling Board within 60 days of receipt of such notice and application form.
The Secretary of the Rent Leveling Board shall accept all applications completed and submitted by the tenants seeking the benefits of the protected tenancy status of the Act and shall determine eligibility in accordance with the criteria of the Act. Such determinations of eligibility shall be made with respect to each application within 30 days after receipt of the completed application.
An application form shall be deemed to be completed when all supplementary documentation required by the Secretary of the Rent Leveling Board has been submitted. Upon request of the Secretary of the Rent Leveling Board, a tenant seeking protected tenancy status shall supplement the form with such documentation as the Secretary of the Rent Leveling Board shall deem necessary to make determination as to eligibility. An application shall be deemed incomplete and shall not be accepted if supplementary documentation is not provided to the Secretary of the Rent Leveling Board within 10 days of request therefor.
Any tenant qualifying for protected status shall be promptly notified of eligibility by the Secretary of the Rent Leveling Board. Any tenant who does not qualify for protected status shall be likewise notified of the determination, and the reasons for ineligibility shall be set forth in such notice. Notices of determination as to eligibility and ineligibility as to each tenant who has applied shall be provided to the owner or sponsor of the plan or conversion.
The Secretary of the Rent Leveling Board shall notify in writing the Township Administrator, Township Clerk, Tax Assessor, Tax Collector and Construction Code Official of receipt of the application for conversions.
Pursuant to Section 16 of Chapter 226 of the Laws of 1981, the Rent Leveling Board is authorized to levy and collect the following fees which shall be paid by the owner applying for conversion at the time the application is filed with the Rent Leveling Board:
The owner shall submit a fee of $40 per dwelling unit with his notice of intention and submission of tenant lists under this chapter in the form of a check or money order made payable to the Township of Union.
The owner shall submit a fee of $100 administrative hearing fee upon submission of application for an appeal. In the event of an appeal by a tenant, a hearing fee of $100 shall be submitted by the tenant.
The application fee set forth in Subsection A above shall be based upon each unit listed for conversion in the application. In the event that one building or structure as listed on the tax rolls is converted in stages, the building shall be considered as a single building for determining the fee without consideration of the number of units listed in the application for conversion.
Editor's Note: See N.J.S.A. 2A:18-61.35.
The Secretary of the Rent Leveling Board be and hereby is designated as the administrative officer who shall assume the duties under this chapter and shall collect the fees prescribed herein.
The determination of the Secretary of the Rent Leveling Board may be appealed to the Rent Leveling Board by any aggrieved person through an administrative hearing:
Application for an administrative hearing shall be made to the Secretary of the Rent Leveling Board within 10 days of receipt by the aggrieved person of the notice of determination. Said application shall have attached thereto the administrative hearing fee of $40.
The administrative hearing shall be held within 10 days of application therefor, except in extenuating circumstances, at the discretion of the Secretary of the Rent Leveling Board.
Notice of hearing shall be given to all known parties in interest who may testify, present evidence and examine adverse witnesses and evidence.
The hearing shall be before the Rent Leveling Board of the Township of Union, and a sound recording shall be made.
Within 10 days of the case of the hearing by the Rent Leveling Board, it shall issue a final written decision and state the reasons therefor. Pursuant to N.J.A.C. 5:24-2.7(g), appeal from such final decision shall be to the courts.
This chapter shall be subject to the provisions of Chapter 226 of the Laws of 1981, N.J.A.C. 5:24-2.1 et seq. and forthcoming rules and regulations of the Department of Community Affairs promulgated to implement the provisions of this Act are specifically incorporated by reference into this chapter.
Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of up to $1,250, imprisonment for not more than 90 days or community service for not more than 90 days, or any combination thereof, in the discretion of the Judge of the Municipal Court.