[Amended 2-1-2011 by Ord. No. 6926-11]
As used in this chapter, the following terms
shall have the meanings indicated:
BASE RENT
The lawful rent in full force and effect for any multiple dwelling unit space on July 1, 1974, or the lawful rent established by the landlord after a dwelling unit is deemed vacated by the existing tenant(s) in accordance with the provisions of §
363-14.
CONSUMER PRICE INDEX
The All Items Consumer Price Index for all Urban Consumers-Northeast
Region, less energy, published by the Bureau of Labor Statistics,
United States Department of Labor.
[Amended 4-3-2012 by Ord. No. 7010-12]
DWELLING UNIT
Any housing space consisting of a room or rooms, suite, flat
or apartment, whether furnished or unfurnished, which is occupied
or intended, arranged or designed to be occupied for sleeping or dwelling
purposes by one or more persons, together with all privileges, services,
furnishings, furniture, equipment, facilities and improvements connected
with the use or occupancy thereof. Specifically exempted from this
chapter, however, is any room or combination of rooms in a motel,
hotel or similar establishment renting lodgings to transients, and
boardinghouses.
[Amended 2-1-2011 by Ord. No. 6926-11]
A. Establishment
of rent. The rent for all multiple-dwelling units shall be governed
by all of the terms and provisions of this chapter, and it shall be
unlawful for any landlord of any multiple-dwelling unit to demand,
receive or collect any rent for the same in excess of the base rent
for such dwelling unit plus any cost-of-living increase, surcharge
or base rent adjustment expressly permitted by the terms and provisions
of this chapter.
B. Applicability. Notwithstanding anything to the contrary in this chapter, any individual dwelling unit in a four-, five- or six-family multiple-dwelling unit currently subject to the terms and provisions of this chapter shall continue to be subject to the terms and conditions of this chapter until said dwelling unit is deemed vacated by the existing tenant(s) in accordance with the provisions of §
363-14.
[Amended 2-1-2011 by Ord. No. 6926-11]
A. At the expiration of 12 consecutive calendar months
following the effective date of the last previous rent increase for
any dwelling unit subject to rent regulation under the terms of this
chapter, a landlord who provides heat and/or air conditioning may
demand, receive or collect an increase in rent for such unit, not
to exceed 3%. A landlord who does not provide heat and/or air conditioning
may demand, receive or collect an increase in rent for such unit,
not to exceed 2%. The Mayor and Municipal Council shall review the
maximum percentage increase annually and may adjust the rate as necessary.
In establishing the maximum percentage increase, the Mayor and Municipal
Council shall take into consideration, but shall not be bound by,
The All Items Consumer Price Index for all Urban Consumers-Northeast
Region (CPI), less energy, for the most recent twelve-month period
available.
[Amended 4-3-2012 by Ord. No. 7010-12]
B. Any landlord seeking an increase in rent pursuant to the provisions of §
363-14A shall notify the tenant, in writing, in accordance with the requirements set forth in N.J.S.A. 2A:18-61.1.
[Amended 7-2-1996 by Ord. No. 5813-96; 12-6-2005 by Ord. No. 6533-05]
A. A Rent Leveling Board is hereby created within the
City of Clifton. The Board shall consist of five members, all of whom
shall be residents of the City of Clifton. One shall be a tenant who
shall reside in a multiple dwelling and is hereby designated as the
"tenant member"; one shall be the owner of any multiple dwelling situated
in the City of Clifton and is hereby designated as the "landlord member";
and three shall be neither tenants residing in a multiple dwelling
nor the owners of any multiple dwelling and are hereby designated
as "public members." Two alternate members shall be appointed, one
being a tenant to serve as an alternate for only the tenant member,
and one being a landlord to serve as an alternate for only the landlord
member. The tenant member, including the alternate, and the landlord
member, including the alternate, shall not be from the same multiple
dwelling. At least three members consisting of one tenant member or
the alternate, one landlord member or the alternate, and one public
member shall be required to constitute a quorum.
B. All members of the Board, including alternates, shall
be appointed by the governing body for terms of office of three years,
commencing on the first day of July of any year during which this
chapter remains in full force and effect.
C. Every member, including alternates, shall continue
in office until his successor shall be appointed and qualify. In the
event that any vacancy occurs in the Board's membership, the governing
body shall appoint a member to fill the unexpired term, such member
to have the same qualifications as the member originally appointed
to serve such unexpired term. The persons serving as members of the
Rent Leveling Board on the effective date of this chapter shall continue
in office until the expiration of their terms as hereinabove set forth.
The Rent Leveling Board is hereby granted and
shall have and exercise, in addition to the other powers herein granted,
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, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in the exercise of its discretion,
provided that copies of all such rules shall be filed with the City
Clerk.
B. To supply information and assistance to landlords
and tenants to aid them in complying with the provisions of this chapter.
C. To hold hearings and adjudicate applications from
landlords for additional rent or rent surcharges as herein provided.
D. To hold hearings and adjudicate applications from
tenants for reductions in rentals herein provided.
E. The Board shall give both landlords and tenants reasonable
notice of hearings and reasonable opportunity to be heard before making
any determinations.
F. Transcripts. In any application made under this chapter,
the Rent Leveling Board may require that the applicant provide a certified
shorthand reporter. If the Rent Leveling Board requires that the applicant
provide a certified shorthand reporter, then the applicant shall be
responsible for paying the stenographic attendance and transcription
fees and shall provide the Rent Leveling Board with nine copies of
the transcript.
The landlord and/or the tenant(s) may appeal
the findings and determinations of the Rent Leveling Board to the
Municipal Council within 20 days from the date of receipt of written
determination and request a hearing thereon by the Municipal Council.
The party appealing any determination shall serve on every other party
in interest a copy of the notice of appeal to the Municipal Council.
The filing of an appeal to the Municipal Council shall act as a stay
of the determination of the Rent Leveling Board pending a determination
by the Municipal Council, except that the tenant(s) involved shall
pay the increase in rental, if any, as determined by the Rent Leveling
Board, to an escrow agent, who shall be the Treasurer of the City
of Clifton, from the date that the payment of such rental increase,
if any, is to take effect until the Municipal Council makes its determination.
In the event that the Municipal Council affirms the decision of the
Rent Leveling Board, the funds, if any, so held in escrow, including
interest, shall be turned over to the landlord within 46 days thereof.
In the event that the Municipal Council reverses the decision of the
Rent Leveling Board, the funds held in escrow, including interest,
shall be returned to the tenant(s) within 46 days thereof. In the
event that the Municipal Council modifies the rent increase, the City
Treasurer shall return the escrow funds in accordance and consistent
with such modification. The City Treasurer, as the escrow agent, upon
receipt of any funds representing an increase in rent, shall deposit
the same in a trustee interest-bearing account. In the event that
the tenant(s) does not make the payment(s) required by this section,
the Municipal Council shall have the power to dismiss the appeal upon
application of the landlord.
During the term of this chapter, every landlord
shall maintain the same standards of service and maintenance and shall
provide the same furniture, furnishings and equipment in the multiple-dwelling
unit covered hereby as was maintained and provided on the effective
date of this chapter.
[Amended 2-1-2011 by Ord. No. 6926-11]
A. The owner
or landlord of any multiple-dwelling unit subject to rent regulation
under the terms of this chapter rented or offered for rent after a
vacancy has occurred in any such unit shall not be restricted by the
terms of this chapter in fixing the amount of the rent charged for
such unit upon each letting thereof subsequent to the occurrence of
such vacancy. Any subsequent increase in the rent charged or collected
for such unit, however, shall be governed by all the terms and provisions
of this chapter.
B. For purposes
of the interpretation and application of this section, a vacancy in
any such unit shall be deemed to have occurred only if said unit has
become vacant and unoccupied because the tenant(s) occupying the same
has died or has voluntarily surrendered possession and moved therefrom
or has been lawfully evicted and removed from the unit.
C. An owner
or landlord renting or offering for rent a dwelling unit for the first
time after a vacancy has occurred shall not demand, receive or collect
a higher rental for said unit than that which was in effect on the
date such vacancy occurred, unless and until the landlord or owner
shall certify in writing, under oath, to the Clifton Housing Department,
on the form provided by said Department, the amount of the monthly
rental in effect for such unit as of the date on which the same became
vacant, the rent to be charged therefor for the first time after such
vacancy has occurred and the cause or reason which resulted in such
unit's having become vacant and unoccupied.
Any party against whom a complaint is made,
landlord or tenant, shall file an answer to the complaint, in writing,
with the Rent Leveling Board within 20 days of the service of the
complaint, which answer shall set forth the factual contentions upon
which said party shall rely in objecting to the relief sought. A copy
of said answer shall also be served upon the party initiating the
action.
All complaints, answers, notices and other documents
required to be served upon any party in accordance with the provisions
of this chapter shall be served by certified mail, return receipt
requested, and proof of such service shall be filed with the Rent
Leveling Board.
[Amended 12-21-1993 by Ord. No. 5661-93]
All applications for each of the following categories
shall be accompanied by the corresponding fees:
Type
|
Fee
|
---|
Overcharge application (to be refunded to applicant
by landlord if applicant is successful)
|
$10.00
|
Diminishment of services application (to be
refunded to applicant by landlord if applicant is successful)
|
$10.00
|
Hardship application
|
$50.00
|
Capital improvement application
|
1% of the total cost of the capital improvement
or $50.00, whichever is greater
|
Major rehabilitation application
|
$50.00 per unit
|
Tax pass-through application
|
$10.00 per unit
|
Any person found guilty of violating any provision
of this chapter or of willfully filing with the Rent Leveling Board
any material misstatement of fact shall be punishable by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A violation affecting two or more leaseholds shall be considered
a separate violation as to each leasehold.
This chapter, being necessary and required for
the welfare of the City of Clifton and for the health, safety and
welfare of its citizens, shall be liberally construed to effectuate
the purposes thereof.