[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 4-11-1977 by Ord. No. 2-1977. Amendments
noted where applicable.]
The following terms, wherever used herein or
referred to in this chapter, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
An improvement, addition or contribution which materially and substantially adds to the value and utility of the property and/or appreciably prolongs its useful life, as contrasted and compared to a maintenance expense or a repair the primary purpose of which maintains the property in the same or nearly equivalent and ordinarily efficient operating condition. For purposes of § 180-6 and § 180-9, this definition may be further defined and restricted. The Rent Review Board shall additionally construe capital improvements for which rent increase reimbursements are sought, to be restricted to those that clearly benefit the rentable housing space and the tenants in the affected dwellings, as contrasted and compared to such capital improvements that do not have such a purpose, or that have such a purpose as incidental to or subservient to another or other purposes not benefitting the rentable housing space and the tenants in the affected dwellings. Additionally, the Rent Review Board may but is not required to seek guidance respecting any claimed "capital improvement" from pertinent sections of the United States Internal Revenue Service Code dealing with capital improvements.
[Amended 10-11-1995 by Ord. No. 25-1995]
The Consumer Price Index (all items for all urban consumers,
commonly referred to as the CPI-U) for the Philadelphia area, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
[Added 5-26-1982 by Ord. No. 34-1982; amended 9-14-1983 by Ord. No. 30-1983; 10-11-1995 by Ord. No. 25-1995]
Any building or structure or portion thereof or mobile homes
and/or land appurtenant thereto or floating home and/or slip or dock
space appurtenant thereto rented or offered for rent or lease to three
or more tenants or family units for living purposes. Exempt from this
chapter are motels, hotels, or other premises primarily serving transient
guests. Also exempt from this chapter are public housing and buildings,
structures and mobile home parks containing less than three housing
units. 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 shall be subject to the provisions of this chapter
without regard to the status of the tenant.
[Amended 2-28-2007 by Ord. No. 9-2007]
Any building, structure, or vessel designed to float upon
the water and used as a residence within a floating home community.
[Added 2-28-2007 by Ord. No. 9-2007]
Community of floating homes approved by the State of New
Jersey Department of Environmental Protection and located in the Township
of Egg Harbor.
[Added 2-28-2007 by Ord. No. 9-2007]
That portion of a dwelling rented, offered for rent or leased
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 the amount of the original cash or equivalent consideration
paid upon acquisition, which shall not include the principal amount
of any mortgage or mortgages, together with such other additional
capital contributed after date of acquisition.
[Added 5-13-1981 by Ord. No. 9-1981]
An owner, sublessor, assignee or other person receiving or
entitled to receive rent or any agent of a person receiving or entitled
to receive rent.
Any month-by-month tenant or any tenant at will or sufferance
or any tenant having a lease for a term of less than one year.
The amount of consideration, including any bonus, benefit
or gratuity demanded or received by virtue of any agreement between
the parties whereby, upon the payment of a sum certain by the tenant,
the landlord allows to him the peaceful and quiet enjoyment of the
use and occupation of the housing space for that time period. If the
parties agree that rent is to be paid upon some interval other than
one month, then that shall be construed as an alternative method of
payment, and the monthly rent shall be calculated by apportioning
the rent so as to determine the sum due for the term of one month.
Such person as the Township Committee shall designate.
[Amended 9-14-1983 by Ord. No. 30-1983; 12-9-1987 by Ord. No. 60-1987]
This term shall refer to the elimination, termination or modification of any rent previously approved by the Rent Review Board, to the extent allowed and/or limited by any provision of Chapter 180, occasioned by the sale of any mobile home unit in a mobile home park by a tenant to any other tenant or new tenant.
[Added 10-11-1995 by Ord. No. 25-1995]
A.
There is hereby created within the Township of Egg
Harbor a Rent Review Board, whose members shall be residents of the
Township of Egg Harbor, not less than 18 years of age and who shall
hold office for a term of two years from the first day of January
in the year of appointment. The landlord members need not be residents,
but must have an interest in property in the Township of Egg Harbor.
B.
The Board shall consist of seven individual members,
plus a Rent Control Officer, all appointed by the Township Committee.
All members shall serve without compensation. Two members shall be
landlords of property affected by this chapter. Three members shall
be homeowners who are neither directly or indirectly a landlord nor
a tenant. In lieu of three homeowner members, the Township Committee
may appoint to the Board a member of the Township Committee or any
other Township officer or employee, in which event there shall be
two homeowner members of the Board. Two members shall be tenants residing
in property affected by this chapter who are not directly or indirectly
landlords.
[Amended 9-14-1983 by Ord. No. 30-1983; 12-9-1987 by Ord. No. 60-1987; 12-13-1989 by Ord. No.
48-1989]
C.
The Township Committee shall appoint three alternate
Board members to serve in the event that a regular Board member or
members are disqualified to act on a particular matter or are absent
from a regularly or specially scheduled meeting. One alternate shall
be a homeowner, one alternate a tenant and one alternate a landlord,
as defined in this chapter.
[Added 2-13-1980 by Ord. No. 3-1980]
D.
The Rent Review Officer shall serve as Chairman and
shall only vote in the event that there is a tie vote by the individual
members of the Board.
[Amended 10-14-1981 by Ord. No. 32-1981; 9-14-1983 by Ord. No. 30-1983; 12-9-1987 by Ord. No. 60-1987]
E.
In the event that the Township Committee is unable to secure the services of two landlord members, the Committee may appoint individuals to act as landlord members without regard to the qualifications set forth for landlord members in Subsection A above, provided that the individuals are not tenants as described in Subsection B above, and further provided that the individuals are subject to replacement by qualified individuals under the definition of "landlord" set forth above at the expiration of the term. In the event that the Township Committee is unable to secure the services of individuals who qualify for tenant membership or as members under the definition of a "homeowner," the Committee may appoint individuals to fill available positions without regard to the category qualifications set forth above, provided that such individuals shall be residents of the Township and shall be subject to replacement by qualified individuals of the expiration of the term. This subsection shall not apply to the Chairman.
[Amended 9-14-1983 by Ord. No. 30-1983]
F.
A member of the Board shall be subject to removal
by Committee for good cause upon written charges and after public
hearing. The failure to attend two consecutive regular meetings of
the Board without good reason shall constitute good cause for removal.
G.
All actions or decisions of the Board shall be taken
or rendered upon a majority vote of those present and voting. Four
members, exclusive of the Rent Review Officer, shall be necessary
to constitute a quorum.
[Amended 5-10-1978 by Ord. No. 2-1977; 9-14-1983 by Ord. No. 30-1983; 12-9-1987 by Ord. No. 60-1987]
The Rent Review Board is hereby granted and
shall have and exercise, in addition to other powers herein granted,
all the power necessary and appropriate to carry out and execute the
purposes of this chapter, including but not limited to the following:
A.
To supply information and assistance to landlords
and tenants to help them comply with the provisions of this chapter.
B.
To issue and promulgate such written procedural rules
which are deemed necessary to improve the efficiency of administration
of this chapter.
C.
To hold hearings, including multiple hearings if necessary,
adjourn and postpone hearings as may be necessary, and adjudicate
objections from tenants to increased rent applications and to hear
applications from tenants for reduced rents, as hereinafter provided.
[Amended 5-26-1982 by Ord. No. 34-1982; 12-13-1989 by Ord. No. 46-1989]
D.
To hold hearings, including multiple hearings if necessary, adjourn and postpone hearings as may be necessary and/or adjudicate applications from landlords for rent increases as herein provided, as well as to consider agreements between the landlord and tenants for increased rents as is more fully set forth in § 180-12 of this chapter.
[Amended 9-14-1983 by Ord. No. 30-1983; 12-13-1989 by Ord. No. 48-1989]
E.
To enforce the provisions of this chapter and to initiate
proceedings in the Municipal Court for willful violations thereof.
F.
To issue subpoenas to compel the attendance of witnesses
and the production of books and records in connection with hearings
held pursuant to the provisions of this chapter.
G.
The Chairman may administer oaths and take testimony
and shall afford both landlord and tenant a reasonable opportunity
to be heard before the Board shall render any determination.
H.
The Board shall prescribe and provide all forms for
filing an application or complaint under the terms of this chapter.
[Amended 9-14-1983 by Ord. No. 30-1983]
A.
The Rent Review Board shall hold hearings and/or make
determinations upon applications or objections properly brought before
the Board under the provisions of this chapter. No increased rents
may be charged pursuant to an application until after the Board makes
its determination at a public meeting. Nothing herein, however, shall
prevent the Board from allowing an increase in rents retroactively
in the event that the Board, in its sole discretion, determines such
would be fair and reasonable. Any and all increases may be charged
only in accordance with the laws of the State of New Jersey governing
landlord-tenant relations.
[Amended 12-13-1989 by Ord. No. 48-1989]
B.
The Board shall not be obligated to hear matters that
have previously been resolved by the Board and shall not be obligated
to hear matters not brought before the Board in accordance with the
provisions of this chapter.
C.
All applications for rental increases must be filed with the Board Secretary in the form acceptable to the Board and supplied by it pursuant to § 180-3H, and all application fees must be paid at the time of filing.
[Amended 10-11-1995 by Ord. No. 25-1995]
D.
Proceedings.
[Amended 10-23-1985 by Ord. No. 43-1985; 12-13-1989 by Ord. No. 48-1989; 10-11-1995 by Ord. No.
25-1995]
(2)
Section 180-7 deals with applications for rental increases intended to be of an expedited and abbreviated nature in lieu of more protracted proceedings. Section 180-8 similarly deals with applications for rental increases intended to permit Rent Review Board consideration or approval of pass-through reimbursements respecting increases or decreases in certain enumerated recurring operating expenses over which a landlord has no control. Section 180-12 similarly deals with a process intended to permit Rent Review Board concurrence with and approval of agreements reached between landlords and tenants. Therefore, since §§ 180-7, 180-8 and 180-12 deal with rental applications for which it is desirable to have an expedited process, the Rent Review Board shall not be obligated to conduct formal hearings or take testimony on such applications whenever less than 10% of the tenants of the rental units affected by the application file timely written objections noted below, and in such situations the Rent Review Board shall only be required to pass upon such applications based upon the documents submitted at a public meeting of the Rent Review Board, but without the need for a formal hearing that includes the taking of testimony from the landlord, the tenants, experts, other witnesses or any member of the public in attendance.
(3)
Written objections to any application for rental increases
shall contain the name and address of the objector and must be submitted
to the Secretary of the Egg Harbor Township Rent Review Board within
14 days of receipt by the tenants of the notice of the application
for rental increase from the landlord. Copies of the written objections
shall be served by the tenant or tenant's representative personally
or by certified mail upon the landlord within the same period of time.
The landlord may consent to waive this requirement, but the Rent Review
Board only may waive or relax this requirement (or postpone a scheduled
meeting or hearing to consider the application in order to accommodate
late receipt of written objections) when, in its discretion, it deems
it necessary and reasonable to achieve a fair and equitable result.
(4)
The Rent Review Board Secretary shall set an initial date for a hearing no sooner than 15 days nor later than 45 days after the completed application has been filed with the Rent Review Board. However, respecting applications pursuant to §§ 180-7, 180-8 and 180-12, whenever less than 10% of the tenants of the rental units affected by the application file timely written objections, the Rent Review Board Secretary may set a meeting date for the Rent Review Board to consider the application as soon as practicable after the expiration of 14 days from the date the tenants receive notice of the application from the landlord.
E.
Notice; proof of compliance.
[Amended 10-11-1995 by Ord. No. 25-1995]
(1)
The landlord shall make a good-faith effort to serve
each tenant, by certified mail, return receipt requested, or by personal
service, with:
(2)
At the commencement of the first hearing regarding
any rental increase application, the landlord shall submit to the
Board, as proof of compliance with this section and as a condition
to the commencement of the hearing, a list of all affected tenants
by name and address, together with the certified mail receipts or
affidavit of personal service, as the case may be, of service on tenants
of the copy of the application, notice of the hearing and any other
notice required by this chapter. Respecting any tenants not so served
with the application and notices, the landlord shall be required to
state under oath or in affidavit form the reasons why service was
not capable of being accomplished and the efforts made to accomplish
such service.
F.
As part of the application for increases under §§ 180-7, 180-8 and 180-12 of this chapter, the landlord shall provide the tenants with the following notice:
[Amended 10-23-1985 by Ord. No. 43-1985; 12-13-1989 by Ord. No. 48-1989; 10-11-1995 by Ord. No.
25-1995]
|
IF YOU DO NOT FILE A WRITTEN OBJECTION TO THIS
APPLICATION WITH THE SECRETARY OF THE EGG HARBOR TOWNSHIP RENT REVIEW
BOARD AND THE LANDLORD WITHIN FOURTEEN DAYS FROM THE DATE YOU RECEIVE
THIS NOTICE, AND IF WRITTEN OBJECTIONS OF TEN PERCENT OR MORE OF THE
RENTAL UNITS AFFECTED BY THE APPLICATION FOR THE RENT INCREASE ARE
SIMILARLY NOT FILED WITH THE SECRETARY OF THE EGG HARBOR TOWNSHIP
RENT REVIEW BOARD AND THE LANDLORD WITHIN SAID FOURTEEN-DAY PERIOD,
AND THE TOWNSHIP RENT REVIEW BOARD MAKES THE DETERMINATION THAT THE
CALCULATIONS SUPPORTING THE INCREASE ARE CORRECT AND THE APPLICATION
OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS CHAPTER, THE INCREASE
MAY BE GRANTED AND YOU MAY NOT HAVE THE OPPORTUNITY TO PRESENT TESTIMONY
TO THE BOARD.
|
G.
As part of a complete application for an increase pursuant to § 180-9, 180-10 or 180-11 of this chapter, the landlord shall file with the Rent Review Board the following books and records, all certified to be true and correct by the applicant or the applicant's accountant: profit and loss statements, balance sheet, statement of retained earnings, statement of changes in financial position and such other books and records as the Rent Review Board Chairman, on the advice of the Rent Review Board Accountant, may deem necessary for a full understanding of the applicant's financial position in connection with application for rent increase, including but not limited to a reviewed financial statement, canceled checks, invoices, detached depreciation schedules, pertinent portions of tax returns and other financial documents. The Rent Review Board shall make the books and records available for inspection by the tenants of the affected dwellings and/or their duly authorized representatives. No application shall be deemed complete until the provisions of this subsection and Subsection H of this section shall have been complied with and until the application is certified, in writing, as complete by the Rent Review Board Chairman.
[Amended 12-13-1989 by Ord. No. 48-1989; 10-11-1995 by Ord. No. 25-1995]
H.
An application by the landlord, except an application under § 180-7, 180-8 or 180-12 of this chapter, shall include a report from the Egg Harbor Township Department of Inspections showing that the property is in substantial compliance with the Uniform Construction Code.[1] No application shall be deemed complete until the report
is filed with the Board.
I.
Notwithstanding what is otherwise set forth in this
chapter, nothing herein contained shall limit the authority of the
Board to determine the accuracy of all calculations submitted by the
landlord, or otherwise determine the reasonableness or conscionability
of all applications for increases under any provision of this chapter.
A.
No landlord shall, after the effective date of this chapter, charge any rents in excess of what he was receiving on January 1, 1977, except for increases as authorized by this chapter. A landlord rerenting housing space during the effective time of this chapter shall not charge a new tenant a higher rent than the maximum he was permitted to charge the previous tenant (or in the case of housing space vacant for longer than one year, the tenant in comparable housing space in the same dwelling) pursuant to the provisions of this chapter. This subsection may only be modified pursuant to the terms of Subsection G of this section. This subsection shall become effective for floating home communities on the date of final adoption.[1]
[Amended 10-11-1995 by Ord. No. 25-1995; 2-28-2007 by Ord. No. 9-2007]
[1]
Editor’s Note: The “date of final
adoption” refers to the adoption date of Ord. No. 9-2007, which
is 2-28-2007.
B.
The landlord of housing space or a dwelling being
rented for the first time shall not be restricted in the initial rent
he charges. Any subsequent rent increases, or surcharges, however,
shall be subject to the provisions of this chapter.
C.
Applications for rental increases under any one or more sections of this chapter must be initiated by the landlord in the same application during any one twelve-month period, and the Board shall grant only one overall rental increase to any landlord during any one twelve-month period. The overall rental increase granted by the Board shall be divided by the Board into 12 equal and prospective monthly payments, the effective date and collection of which shall not begin less than 30 days after the Board's determination. However, pursuant to the terms of § 180-4A, and for reasons it determines in its sole discretion as equitable and fair to the landlord and tenants, the Board may allow a retroactive effective date for the rental increase and/or allow the retroactive portion of the rental increase (or any component thereof) to be collected on a pro rated basis prospectively after the thirty-day period referred to above.
[Added 9-14-1983 by Ord. No. 30-1983; amended 12-13-1989 by Ord. No. 48-1989; 10-11-1995 by Ord. No. 25-1995]
D.
All rental increases for dwellings as defined by this
chapter shall be determined by the provisions of this chapter, and
any rental increases charged by a landlord to tenants in the Township
of Egg Harbor, County of Atlantic and State of New Jersey, which increases
have not been approved by this Board, shall be void.
[Added 9-14-1983 by Ord. No. 30-1983]
E.
No landlord shall be permitted to obtain an increase pursuant to § 180-7 of this chapter (CPI), and also an additional increase pursuant to §§ 180-10 and/or 180-11, during the same twelve-month period, since an increase pursuant to § 180-7 is intended to be an expedited and abbreviated method of achieving an increase of a general nature in lieu of the more protracted process under §§ 180-10 and/or 180-11. Similarly, any increases granted to a landlord under § 180-7, being increases of a general nature and of an expedited and abbreviated basis, shall be credited against a landlord with respect to any later application made pursuant to §§ 180-10 and/or 180-11 which seeks increases thereunder for any year previously covered by a CPI increase, in order to assure the prohibition of a duplicate or overlapping increase in rents.
[Added 10-11-1995 by Ord. No. 25-1995; amended 7-14-2010 by Ord. No. 19-2010]
F.
No landlord shall be permitted to obtain an increase pursuant to §§ 180-7 and/or 180-8 of this chapter for any period of time more than two years prior to the date of the application, and any claim for such increases under the above-named sections shall, in the interest of timeliness, order, stability and fairness be deemed stale and waived.
[Added 10-11-1995 by Ord. No. 25-1995]
G.
Notwithstanding the provisions in this section or elsewhere in Chapter 180, a landlord shall be permitted to charge and receive a rent not in excess of 15% higher than the existing rent last approved by the Rent Review Board to any new tenant or existing tenant on the occasion by that tenant's purchase of a mobile home or floating home from another tenant without the need for Rent Review Board approval, and the situation shall be termed a "resale decontrol." The increase in the rent by the landlord shall occur only once following each sale of a mobile home or floating home, and no more than one such resale decontrol shall be permitted in any twelve-month period, regardless of the number of times a mobile home or floating home may be sold during that twelve-month period. The landlord's increase in a resale decontrol situation shall be not more than the actual amount of his increase, so that, in the event the landlord elects to increase the rent relative to that mobile home or floating home space by a percentage less than 15%, the landlord shall thereafter be prohibited, from again increasing the rent by any additional percentage on account of that resale decontrol. Additionally, for purposes of calculating the base rent upon which the percentage increase shall be calculated in a resale decontrol situation, such base rent shall be the existing rent less any portion or component thereof attributable to Egg Harbor Township pad fees and any existing capital improvement surcharge.
[Added 10-11-1995 by Ord. No. 25-1995; amended 2-28-2007 by Ord. No. 9-2007]
A.
During the term of this chapter and as a condition precedent to the approval of any new rent increase under any section of this chapter except § 180-12, it shall be the duty of the landlord at his cost, as a cost of doing business, to maintain not less than the same or equivalent level of service, maintenance and repair as existed at the commencement of the last rental increase and as required by any tenant's lease, other ordinances, law and prior rental increases approved by the Rent Review Board. A landlord's duty in this respect shall include but not be limited to routine maintenance and periodic repair and replacement as needed of all landlord-owned or -supplied systems, buildings, grounds, landscaping, grass cutting, brush or tree pruning, curbs, roads, off-street parking, walkways, storage, lighting, water supply, sewerage, irrigation, heat or other energy supply, trash, debris and garbage removal, signs, painting and other amenities of the same kind which benefit the rental housing space and affect the tenants. In addition, any willful violation hereof shall subject a landlord to punishment under §§ 180-3 and 180-15 of this chapter.
[Amended 10-11-1995 by Ord. No. 25-1995]
B.
Any individual tenant or class of tenants not receiving substantially the same or equivalent level of service, maintenance or repair as referenced in Subsection A above may apply to the Rent Review Board to determine, fix and set the reasonable rental value by way of a rent reduction, credit or such other equitable means as the Rent Review Board shall determine, which shall then apply until such time as the landlord shall demonstrate to the Rent Review Board that such deficiency has been corrected. The Rent Review Board shall permit, set and conduct a hearing or hearings, as the need may exist, in a fashion similar to the procedures set forth in § 180-4 and elsewhere in this chapter, except that the Rent Review Board shall have the power to abbreviate the time periods or schedule an immediate hearing in regard to matters that involve an immediate and substantial risk to the safety, health and welfare of a tenant, tenants or the public. During the course of such a hearing or hearings and prior to the Rent Review Board's final decision, the Rent Review Board additionally shall have the power to grant interim rent relief to the tenant or tenants as may be necessary to achieve an equitable balance pending a final decision.
[Amended 10-11-1995 by Ord. No. 25-1995]
C.
No rent increase shall be granted or allowed by the
Board if it determines that the property in question is not in substantial
compliance with the Uniform Construction Code,[1] unless a purpose of the rent increase requested would
be to place the property in question into substantial compliance with
said Code. If a rent increase for such purpose is granted by the Board,
the landlord shall initiate and consummate all necessary arrangements
for the work within such time as is set by the Board at the time the
increase is granted. The Board at the time of the granting of the
rent increase shall specify a reasonable time limit for completion
of the work required to effect substantial compliance with the Code.
If the owner fails to initiate and consummate the necessary arrangements
or complete the work within the time limit established by the Board,
the rent increase previously granted by the Board shall be refunded
in full, or credited in full, to the tenant. For good cause shown,
the Board may grant reasonable extensions of time to the landlord
for completion of the work.
[Amended 9-14-1983 by Ord. No. 30-1983]
D.
During the term of this chapter, an applicant must
pay and keep current all real estate taxes, municipal pad fees and
costs and fees due to the Egg Harbor Township Municipal Utilities
Authority[2] prior to being entitled to relief in accordance with any
provision of this chapter or for continued relief in accordance with
any decision rendered by the Board pursuant to this chapter.
[Amended 2-13-1980 by Ord. 3-1980; 3-14-1984 by Ord. No. 8-1984]
E.
Notwithstanding whether or not the request for increase
is to bring the property into substantial compliance with the Uniform
Construction Code, nothing set forth herein shall prevent the Board
from granting a rent increase and making the rent increase contingent
upon the applicant bringing the property into compliance with the
Uniform Construction Code.[3] If the property is not brought into compliance pursuant
to the Board's direction, the Board may order a refund or a credit
against future rents in the amount of the increase granted.
[Added 9-14-1983 by Ord. No. 30-1983]
[Amended 9-14-1983 by Ord. No. 30-1983; 12-13-1989 by Ord. No. 48-1989; 10-11-1995 by Ord. No.
25-1995]
A.
Subject to the provisions, restrictions, and conditions of §§ 180-4, 180-5, 180-6 and elsewhere in this chapter, a landlord shall be entitled to only one Consumer Price Index (CPI) rental increase in any twelve-month period, in lieu of and as an alternative to a rental increase under § 180-10 or 180-11 of this chapter. The landlord shall initiate the request in his application, and that request shall preclude consideration by the Board of any other rental increase under § 180-10 or 180-11 during the requested or Board-approved twelve-month period.
[Amended 7-14-2010 by Ord. No. 19-2010]
B.
A CPI rental increase shall be limited to the difference between the CPI 120 days prior to the filing date of the application and the CPI 16 months prior thereto. That difference shall then be expressed as a percentage of increase over the older CPI. That percentage shall then be multiplied against the current monthly net base rent, which shall be determined by deducting from the current gross rent Township pad fees and any unexpired capital improvement surcharges constituting part of the rent pursuant to § 180-9. The resultant figure shall be the new monthly rental increase that the Board shall approve. The new overall gross rent shall combine the current monthly net base rent with the increase referred to above and any Township pad fees and unexpired capital improvement surcharges referred to above.
A.
A landlord may impose a tax surcharge upon a tenant
because of an increase in real property taxes. The tax surcharge shall
not exceed that amount calculated by the following method:
[Amended 2-13-1980 by Ord. No. 3-1980; 11-30-1988 by Ord. No. 45-1988]
(1)
By dividing the total tax increase by the number of
square feet of the rental portions of the dwelling and imposing a
surcharge by multiplying this tax increase per square foot by the
amount of square feet occupied by the tenant.
(2)
When the application concerns a mobile home or trailer
park, the tax surcharge per pad or lot, if any, shall be calculated
by either of the following methods as the Board may, within its discretion,
subject only to a fair and equitable result to the parties considering
the circumstances, deem appropriate:
(a)
By multiplying the total tax surcharge permissible
in accordance with this section times the ratio of the total square
footage of all pads or lots in each group size of pads or lots as
it bears to the total square footage of the mobile home or trailer
park and then dividing that proportionate figure of the total tax
surcharge by the number of lots or pads in that group size. A group
of pads or lots shall consist of the same square footage size pads
or lots. The applicant shall delete from the formula such portions
of the mobile home or trailer park used for other uses than a mobile
home or trailer park, including but not limited to uses of a personal
nature, manufacturing, other unrelated services, other forms of housing
and the like.
(b)
By dividing the total tax surcharge permissible
in accordance with this section by the number of rentable pads or
lots of the mobile home or trailer park. The applicant shall delete
from the total tax surcharge in the formula such portions of the mobile
home or trailer park used for other uses than a mobile home or trailer
park, including but not limited to uses of a personal nature, manufacturing,
other unrelated services, other forms of housing and the like.
(3)
When the application concerns a floating home or floating
home community, the tax surcharge per slip, if any, shall be calculated
by either of the following methods as the Board may, within its discretion,
subject only to a fair and equitable result to the parties considering
the circumstances, deem appropriate:
[Added 2-28-2007 by Ord. No. 9-2007]
(a)
By multiplying the total tax surcharge permissible
in accordance with this section times the ratio of the total square
footage of all slips in each group size of slips as it bears to the
total square footage of the floating home community and then dividing
that proportionate figure of the total tax surcharge by the number
of slips in that group size. A group of slips shall consist of the
same square footage size slips. The applicant shall delete from the
formula such portions of the floating home community used for other
uses than a floating home community, including but not limited to
uses of a personal nature, manufacturing, daily slip rentals, other
unrelated services, other forms of housing and the like.
(b)
By dividing the total tax surcharge permissible
in accordance with this section by the number of rentable slips of
the floating home community. The applicant shall delete from the total
tax surcharge in the formula such portions of the floating home community
used for other uses than a floating home community, including but
not limited to uses of a personal nature, manufacturing, daily slip
rentals, other unrelated services, other forms of housing and the
like.
B.
Any landlord imposing a tax surcharge shall file with
the Rent Review Board a schedule indicating the calculation involved
in computing the tax surcharge, including the present and past property
taxes of the dwelling, the total number of rentable square feet in
the dwelling, the tax increase per rentable square foot, the number
of square feet occupied by each tenant and the tax increase for each
tenant in the dwelling. Upon filing said schedule, the landlord shall
notify each tenant by certified mail or personal service of the monthly
surcharge to be paid by said tenant and of the calculation and the
information contained in the aforesaid schedule. The applicant shall
submit to the Board the total number of groups of pads or lots in
the trailer park or the total number of groups of slips or slips in
the floating community, total number of pads or lots or slips in each
group and include all specifications of the calculations with the
filing and notice of application.
[Amended 2-13-1980 by Ord. No. 3-1980; 12-9-1987 by Ord. No. 60-1987; 11-30-1988 by Ord. No.
45-1988; 2-28-2007 by Ord. No. 9-2007]
C.
Any tax surcharge imposed by a landlord shall be payable
by each tenant in 12 equal monthly installments.
D.
The Rent Review Board shall process, hear and determine any disputes regarding a tax surcharge in accordance with § 180-4 of this chapter.
[Amended 9-14-1983 by Ord. No. 30-1983]
E.
In the event of a tax appeal, the portion of a tenant
tax surcharge not being paid by the landlord to the municipality will
be held by the landlord in an interest-bearing account. In the event
that the appeal is successful and the tax reduced, the tenant shall
receive 75% of the money held in escrow, together with 75% of the
accrued interest after deducting all expenses incurred in prosecuting
said appeal. Payment to the tenant shall be made in the form of a
credit against the monthly rent or a check made payable to the tenant.
The balance shall belong to the landlord.
[Amended 9-14-1983 by Ord. No. 30-1983]
F.
In the event of a reduction in real property taxes,
a tenant shall be entitled to a tax rebate. The landlord shall compute
the rebate to which the tenant is entitled by the same formulas used
in this section for computing a tax surcharge. Payment to a tenant
shall be made in the form of a credit against monthly rent or a check
made payable to the tenant.
G.
A landlord may impose a surcharge upon a tenant in
an amount equal to the initial connection fee, sometimes called a
tapage fee, charged by the Egg Harbor Township Municipal Utilities
Authority to the landlord, so long as the application for approval
of such a surcharge is filed within one year of the charge being levied
against and paid by the landlord. Thereafter, a landlord may impose
a surcharge upon a tenant in an amount equal to the increase between
the preceding year's usage fee and the current year's usage fee, so
long as the increase was levied against and paid by the landlord and
so long as the landlord submits an application for such an increase
and obtains approval for it from the Board. No such increase will
be considered whenever the tenants are individually metered and have
the obligation to make payment directly. Further:
[Added 5-13-1987 by Ord. No. 24-1987; amended 12-13-1989 by Ord. No. 48-1989]
[Amended 2-13-1980 by Ord. No. 3-1980; 12-13-1989 by Ord. No. 48-1989; 4-14-1993 by Ord. No. 16-1993; 10-11-1995 by Ord. No. 25-1995]
A.
Subject to the same limitations and restrictions on items classified or sought to be classified, as capital improvements as set forth in the definitions of § 180-1 and as contrasted with equivalent level of service, maintenance and repair as found in § 180-6A, a landlord may seek a surcharge for major capital improvements or major additional services not theretofore provided to the tenants and benefitting the rentable housing space in the affected dwellings. The capital improvement surcharge shall not exceed that amount calculated by one of the two following methods:
(1)
By dividing the cost of the major capital improvements
or major additional services by the number of years of useful life
claimed for purposes of depreciation for income tax purposes of said
improvements or services to determine the average annual cost; then
the total number of rentable square feet in the dwelling affected
shall be divided into the average annual cost to obtain the annual
cost per square foot, which figure shall be multiplied by the number
of square feet occupied by the tenant in order to determine the surcharge.
(2)
By dividing the cost of the major capital improvements
or major additional services by the number of years of useful life,
as determined by accepted appraisal valuation services of said improvements
or services to determine the average annual cost; then the total number
of rentable square feet in the dwelling affected shall be divided
into the average annual cost to obtain the annual cost per square
foot, which figure shall be multiplied by the number of square feet
occupied by the tenant in order to determine the surcharge.
(3)
When the application concerns a mobile home park or floating home community, the surcharge for major capital improvements and for additional services or either, as specified above, per pad or lot or slip, shall be calculated by either of the same methods referred to in § 180-8A(2) (a) and (b) (except that the reference to "tax increase" or "tax surcharge" there shall refer here instead to the total cost of the capital improvements or major additional services) as the Board may, within its discretion, subject only to a fair and equitable result to the parties considering the circumstances, deem appropriate.
[Amended 2-28-2007 by Ord. No. 9-2007]
(4)
A group size of pads or lots shall consist of the
same square-foot size pads or lots.
(5)
The cost of the major capital improvement or major additional services shall include the actual annual financing costs incurred by the landlord with respect to providing the improvements or services. Notwithstanding any provisions in Chapter 180 to the contrary, a landlord may seek and obtain from the Board on an annual basis during the period of the allowed surcharge, on written notice to the Rent Review Board and tenants but without the necessity of a rent increase application or hearing, an allowed adjustment in the surcharge for changes that occur in the actual financing costs. In the event that the tenants seek to decrease or terminate the portion of the surcharge attributable to financing costs on grounds they have decreased or terminated, the Rent Review Board may schedule a hearing and allow testimony, pursuant to the provisions of §§ 180-4, 180-9E and elsewhere in this chapter, to aid it in its decision.
B.
In order to qualify and be eligible for a capital
improvement surcharge, the major capital improvement or major additional
service must meet the following further requirements:
(1)
It or they must have been completed (as determined
by invoices and other documents the Board may request) within the
two years last before the date of the application for the surcharge.
Otherwise, the costs, in the interests of timeliness, order, stability
and fairness, shall be deemed stale and waived.
(2)
To attempt to avoid and eliminate hearings and/or
protracted proceedings concerning trivial projects, no claimed cost
for major capital improvements or major additional services costing
or having a value of $500 or less shall be considered eligible or
qualified. In instances in which it is claimed that repeated costs
or component costs of a single project exceed $500 in the aggregate
so as to be eligible and qualified, the Rent Review Board, in its
sole discretion, shall determine the issue.
C.
Any landlord seeking a major capital improvement or major additional service surcharge shall file with the Rent Review Board an application therefor, together with the appropriate fee and a schedule indicating the calculation involved in computing the major capital improvement or major additional services surcharge, including the total cost of the completed major capital improvement or major additional services, the number of years of useful life of the improvement or services, the average annual cost of said improvements or services, the total number of rentable square feet in the dwelling affected, the average annual cost of the improvement or services per rentable square foot, the number of square feet occupied by each tenant affected and the surcharge for each tenant affected in the dwelling. Upon filing said application, the landlord shall notify each tenant affected, by certified mail or personal service, of the proposed application and of the calculation and information contained in the aforementioned schedule. In the event that an application concerns a trailer park or floating home community, rather than providing the calculations predicated upon the square-foot method, the calculations shall be predicated upon the formula for trailer parks or floating home communities set forth in Subsection A(3) above. The applicant shall submit to the Board the total number of groups of pads or lots in the trailer park or groups of slips or slips in the floating home community, the total number of pads or lots or slips in each group and include all specifics of the calculations with the filing and notice of application.
[Amended 2-28-2007 by Ord. No. 9-2007]
D.
The surcharge for major capital improvement or major
additional services may be continued until the Rent Review Board determines
that the cost thereof has been recovered or until the improvement
or services cease to benefit the tenants. An affected tenant shall
be entitled to apply to the Rent Review Board for a reduction in the
surcharge in the event of full recovery by the landlord or a cessation
of the services.
E.
The Rent Review Board shall process, hear and determine the matter of major capital improvement or additional major service surcharge in accordance with § 180-4 of this chapter.
F.
In an attempt to avoid confrontational hearings and
proceedings and to help avoid incurring the costs of projects without
the certainty of approval, landlords contemplating making major capital
improvements or adding major additional services having a cost or
value in excess of $10,000 may schedule with the Rent Review Board,
on written notice to the tenants by the landlord, informal conceptual
discussions regarding the project with the Rent Review Board and interested
tenants at any Rent Review Board public meeting (on a date to be selected
by the Rent Review Board). Decisions by the Rent Review Board or consensus
developed between the Rent Review Board, landlord and tenants shall
be nonevidentiary and nonbinding on any later hearing or any formal
application by a landlord for a capital improvement surcharge. However,
at such later hearing on any formal application, the Rent Review Board
may, in its sole discretion, grant the application the status of tentatively
deserving of approval and may grant proofs in accordance with the
prior decisions made by the Board at the informal discussion meeting
as rebuttably correct.
G.
Since a surcharge under this section may only be permitted
for purposes of reimbursement to a landlord of the cost of a capital
improvement until full recovery thereof by the landlord and since
such a surcharge is intended only to be a pass-through of that cost
and not rent, it shall be treated as a pass-through only and not as
additional rent. Therefore, the surcharge, if allowed, never shall
be considered part of base rent for purposes of calculation of any
other rent increase under this chapter, including but not limited
to the section dealing with an increase based on Consumer Price Index.
A.
A landlord may apply to the Rent Review Board of the Township of Egg Harbor for a hardship surcharge when the present rents are insufficient to cover the cost of mortgage payments; maintenance; local taxes; current operating expenses which are reasonable, necessary, recurrent and ordinary; or for other special hardships. Nothing shall require the Rent Review Board to award all submitted current operating expenses or other expenses for inclusion in a surcharge. The Rent Review Board shall have the discretion, in its best judgment, subject only to a fair and equitable result to all parties considering the circumstances, to include such submitted expenses, or any of them. A reasonable profit on the surcharge may, in the discretion of the Rent Review Board, subject only to a fair and equitable result to all parties considering the circumstances, be included in the surcharge. The reasonable profit of the surcharge may be considered part of the landlord's rate of return as is set forth in § 180-11 of this chapter. Nothing shall require the Rent Review Board to include within a surcharge the full or partial payments of mortgage principal or interest. The Rent Review Board may consider for inclusion within a surcharge all or such portion of payments of mortgage principal or all or such portion of payment of mortgage interest, or some or none of either or both, as it may, in its discretion and in its best judgment, considering the circumstances, deem fair and equitable to the parties.
[Amended 9-14-1983 by Ord. No. 30-1983; 11-30-1988 by Ord. No. 45-1988]
B.
Any landlord seeking a hardship surcharge shall file with the Rent Review Board an application therefor together with the appropriate fee and a schedule indicating the calculations involved in computing the hardship surcharge, including the costs of mortgage payments on the affected dwelling (including amortization), taxes thereon, the cost of current operating and maintenance expenses and any other additional relevant financial information utilized in such computation. Upon filing said application, the landlord shall notify each tenant affected by certified mail or personal service of the proposed application and of the calculations and information contained in the aforesaid schedule. The notice required above may be given at the same times as the notice of the hearing as is set forth in § 180-4E of this chapter.
[Amended 9-14-1983 by Ord. No. 30-1983]
C.
The Rent Review Board shall process, hear and determine the matter of a hardship surcharge in accordance with § 180-4 of this chapter.
E.
The Rent Review Board, in determining the hardship
surcharge, may consider, in addition to the facts submitted by the
landlord, past profits, condition of the premises and the degree of
hardship to the landlord.
[Amended 9-14-1983 by Ord. No. 30-1983]
F.
An increase pursuant to the hardship surcharge section
of this chapter shall not be considered an increase in base rents,
unless otherwise indicated by the Board when it makes its determination.
If it is not an increase in base rents, at the end of a twelve-month
period, the surcharge will terminate, and for an extension thereof
the landlord must then reapply to the Board pursuant to this chapter
as if it were a new application.
[Amended 5-26-1982 by Ord. No. 34-1982; 9-14-83 by Ord. No. 30-1983]
[Added 9-14-1983 by Ord. No. 30-1983]
A.
The landlord shall be entitled to a just and reasonable
return based either on the landlord's investment, as defined by this
chapter, or such other method as approved by the law of the State
of New Jersey.
[Amended 12-13-1989 by Ord. No. 48-1989]
B.
The Rent Review Board shall process, hear and determine an application under this section in accordance with § 180-4 and elsewhere of this chapter. In addition to other documents required by § 180-4G, an applicant seeking an increase pursuant to this section shall also be required to supply to the Rent Review Board as part of a complete application "reviewed" financial statements (as the term has meaning to accountants) for all years the applicant asserts are affected years.
[Amended 10-11-1995 by Ord. No. 25-1995]
C.
The rate to be applied by the landlord, when computing a rate of return as per Subsection A of this section, shall be six percentage points above the interest rate for standard certificates of deposit available at the National Community Bank of New Jersey located in Atlantic County, New Jersey, at the time the application for said increase is submitted to the Board.
[Added 5-13-1987 by Ord. No. 24-1987; amended 10-11-1995 by Ord. No. 25-1995]
D.
Landlords seeking an increase under this section and/or
tenants opposing same may request and obtain a pre-hearing conference
or conferences between the respective financial expert or experts
of the landlord and/or the tenant and the Rent Review Board's accountant,
in an effort to resolve issues before any hearing.
[Added 10-11-1995 by Ord. No. 25-1995]
[Added 9-14-1983 by Ord. No. 30-1983]
A.
The landlord and the tenants may effectuate rent increases
by agreement. The agreement must be in writing and signed by the landlord
and signed by tenants representing 75%, plus one, of the rental units
affected by the rent increase. The written agreement must contain
the following information: the old rent; the new rent; the effective
date of the new rent; and the amount of increase.
B.
Landlords seeking a rent increase pursuant to this section shall not be obligated to file an application with the Board pursuant to § 180-4 of this chapter, submit a report from the office of the Township Construction Code Official[1] nor file with the Board the documents required in § 180-4H of this chapter.
C.
No increase pursuant to this section may take effect
until the Rent Review Board makes a final determination concerning
the agreement at a public meeting. A copy of the proposed agreement
must be submitted to the Rent Review Board and the Rent Review Board's
accountant and attorney, for their recommendation to the Rent Review
Board, at least 30 days prior to the proposed effective date of the
increase. Upon receipt of said agreement, the Rent Review Board Secretary
shall schedule a date for the Rent Review Board to consider the agreement.
Once the date has been set, the landlord must notify all of the tenants
whose rental units are to be affected by the rental increase of the
date and time of the meeting and at the same time provide the tenants
with a copy of the proposed agreement. Said notification must be by
certified mail, return receipt requested, or by personal service.
[Amended 10-11-1995 by Ord. No. 25-1995]
D.
At the time the Board meets to consider the proposed
agreement, the Board may, at its sole discretion, take testimony concerning
the proposed agreement. The decision of whether or not to approve
the proposed agreement shall remain solely with the Board, who shall
also have the authority to modify the agreement as it deems necessary.
E.
The requirements of § 180-5C of this chapter shall remain applicable to an increase pursuant to this section.
F.
During the pendency of any application for rent increase
under any section of this chapter, or during the hearing(s) concerning
any such application, and prior to a determination and award by the
Board concerning a rent increase application, any such application
may be converted to an increase by agreement under this section, provided
that:
[Added 12-13-1989 by Ord. No. 48-1989]
(1)
All provisions of this section are complied with,
except as may be noted below.
(2)
The Board may, in its sole discretion, subject only
to a fair and equitable result to the parties considering the circumstances:
(a)
Waive the requirement for further hearing(s),
testimony and notice to the tenants and may proceed to a determination
concerning the proposed agreement.
(b)
Waive the requirement that the agreement be
signed by the tenants representing 75%, plus one, of the rental units
affected by the rent increase, so long as a majority of the tenants
are represented by a tenant's association and the president or chief
executive officer of the tenant's association confirms verbally on
the record before the Board agreement by a majority of the tenants
and further confirms such agreement by his execution and filing of
the written agreement with the Board within 30 days thereafter. The
effective date of any rent increase in such an instance shall be not
less than the end of those same 30 days.
[Amended 2-13-1980 by Ord. No. 3-1980]
A.
There is hereby established the following schedule
of fees for complaints and applications to the Rent Review Board,
which fees shall be payable to the Township Clerk of the Township
of Egg Harbor:
[Amended 10-11-1995 by Ord. No. 25-1995]
B.
Applicants shall pay directly to the court reporter
requested to attend that evening such costs and fees as are set by
the court reporter's office.
C.
Once a hearing has been scheduled and advertised,
there will be a fee of $50 for the cancellation or rescheduling of
the hearing; if granted, the fee will be payable by the party requesting
the cancellation or rescheduling. Only those requests for cancellation
and reschedule made prior to the meeting being called to order will
be subject to this cancellation fee.
[Added 5-13-1987 by Ord. No. 24-1987]
[Amended 9-14-1983 by Ord. No. 30-1983; 10-11-1995 by Ord. No. 25-1995]
A.
Within 30 days from the date the completed application of the landlord is received by the Secretary of the Rent Review Board, the Secretary shall notify the landlord, in writing, of the time and place of a hearing. The landlord shall immediately thereafter serve upon each affected tenant, personally or by certified mail, return receipt requested, a notice of the time and place for the hearing, and, if not already required elsewhere in Chapter 180 or accomplished by the landlord, a copy of the application. Nothing herein shall relieve the landlord of other notice requirements that may pertain to specific sections of Chapter 180, including § 180-4F, except that the landlord shall be relieved of any duplicate mailing or service of the application so long as the landlord has complied with the earliest possible mailing or service of the application whenever the landlord may be required by Chapter 180 to duplicate the process. The landlord shall also be required to mail or serve each affected tenant immediately pursuant to the above process with any amended application and with a notice concerning any later continued hearing. Prior to the hearing, the landlord shall file with the Rent Review Board, as a condition precedent to commencing the hearing, satisfactory proof of mailing or proof of service of said notices or applications.
B.
After the Rent Review Board makes a determination
concerning the landlord's application, the Rent Review Board shall
notify the landlord, in writing, of its determination and supply to
the landlord a copy of its final written resolution, if and when one
exists. The landlord shall be responsible for notifying the affected
tenants, in writing, of the increased rents in the manner prescribed
by the laws of the State of New Jersey governing landlord-tenant relations.
The notice shall also include a statement to the effect that any affected
tenant may, on request, obtain promptly from the landlord, at a nominal
copying cost to the tenant, a copy of the Rent Review Board's final
written resolution, if and when one exists.
A.
Any violations of the provisions of this chapter,
including but not limited to the willful filing with the Rent Review
Board of any material misstatement of fact, shall be punishable by
a fine of not more than $1,000 or imprisonment for not more than 90
days, or both.
[Amended 12-9-1987 by Ord. No 60-1987]
Any provision of a lease or other agreement
whereby any provision of this chapter is waived shall be deemed against
public policy and shall be void, provided that a landlord and tenant
may contract to fix rent increases at amounts less than those allowed
by the provisions of this chapter.
[Amended 9-14-1983 by Ord. No. 3-1983]
This chapter shall take effect on October 3,
1983. Applications received by the Board prior to that date shall
be governed by ordinances previously in effect. All applications received
by the Board on or after that date shall be governed by the terms
of this chapter.
