[HISTORY: Adopted by the Township Committee
(now Mayor and Council) of the Township of North Brunswick: Art. I
as indicated in article histories. Adopted by the Mayor and Council
of the Township of North Brunswick: Art. II et seq. as indicated in
article histories. Amendments noted where applicable.]
[Adopted 12-4-1978; amended in its entirety 8-13-1984]
As used in this article, the following terms
shall have the meanings indicated:
Fit for habitation as defined by the Housing Inspection Code
and occupied or unoccupied and offered for rent.
The gross rent charged as of June 29, 1987, or the gross
rent charged upon initial occupancy if said initial occupancy occurred
subsequent to June 29, 1987. Hardship increases previously granted
shall be considered to be a component of base rent.
[Added 8-3-1987]
The Consumer Price Index for all urban consumers of New York
and northeastern New Jersey (1967=100%), published by the United States
Bureau of Labor Statistics.
Includes any building or structure rented or offered for
rent to one or more tenants or family units. Exempt from this article
are motels, hotels and similar-type buildings, buildings in which
more than 1/3 of the occupied floor space is commercial, housing units
of two or fewer units in which the owner of the premises resides,
as well as single-family units offered for rent.
[Amended 8-3-1987; 5-18-1998 by Ord. No. 98-7]
One having title to realty.
[Added 8-3-1987]
The actual monthly rent charged and received over the preceding
twelve-month period. "Gross rent" is comprised of the following:
[Added 8-3-1987; amended 11-6-1989[2]]
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.
The rate of return determined to be high enough to achieve
the following:
[Added 8-3-1987]
The owner of an estate in land who leases it for a term to
another in exchange for payment of rent.
[Added 8-3-1987]
An alteration in residential property which would significantly
add to the rental value of the units effected in whole or substantial
part. It is different than ordinary and foreseeable repair, replacement
and maintenance.
[Added 8-3-1987; amended 5-1-1989]
The owner's cash investment, calculated by deducting from
the total investment in the property that portion of the investment
which was financed through mortgages. Neither a refinance of the property
nor an increase in value due to property appreciation shall affect
the "owner's actual cash investment" for purposes of calculations
pursuant to this article. The total cash investment shall be limited
to the purchase price of the premises together with any capital improvements
to the premises which do not add additional units and which are not
otherwise compensated through rent increases pursuant to this article,
reduced by the financing which was used to purchase and improve the
premises.
[Added 8-3-1987]
Charges in addition to base rent, as specified by this article,
payable by the tenant to the landlord. Surcharges are not to be considered
part of the base rent when calculating percentage increases based
on the Consumer Price Index.
[Added 8-3-1987]
One who has the temporary use and occupation of real property
owned by another person.
[Added 8-3-1987]
[1]
Editor's Note: Former § 268-12,
Units to be decontrolled upon vacation, as amended, was repealed 8-3-1987.
[2]
Editor's Note: Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
[Amended 8-3-1987]
A.
Applicability. The provisions of this article shall
not apply to the lease or rental agreement between the landlord and
the initial tenant for newly constructed unit or a unit which underwent
major rehabilitation as determined by the Board. The landlord shall
not be restricted in the amount of rent charged such initial tenant.
However, all subsequent increases shall be subject to the terms and
provisions of this article.
B.
Determination of rent increases.
(1)
Lease renewal.
(a)
At the expiration of a lease for a unit where
the landlord supplies heat, the monthly base rent may increase by
an amount not to exceed the percentage increase in the Consumer Price
Index from March of the past year to March of the present year. For
units in which the tenant supplies his own heat, the increase shall
be limited to 80% of the Consumer Price Index. However, the owner
may increase rents by a lesser amount. Any such increase, if applicable,
shall be effective upon renewal for base periods commencing on and
after the first day of September immediately following the March-to-March
period for which the Consumer Price Index increase was calculated.
Only one such rental increase can be exacted upon any one tenant within
any one year.
(b)
The percentage increase allowable hereunder
shall be applied only to the existing base rent. Major capital improvements
surcharges and mandated expenditures surcharges shall be added to
the increased base rent in order to arrive at the new gross monthly
rent.
[Amended 11-6-1989[1]]
[1]
Editor's Note: Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
(2)
Change of tenant. Where there is change of tenant
as a result of the previous tenant's vacating a unit, the unit vacated
shall be decontrolled for the initial lease only. The landlord shall
not be restricted in the amount of rent which he may charge to such
tenant for the initial lease, however, any subsequent rent increases
shall not exceed the percentage increase in the Consumer Price Index.
Any and all housing space or dwelling units which would otherwise be subject to this chapter but are covered by the Federal Moderate Rehabilitation Program are hereby exempted from the provision of this chapter regarding rent considerations as provided by § 268-2 herein; however, they shall continue to be subject to all other provisions of this chapter.
Any rental increase at a time other than at
the expiration of a lease or termination of a periodic lease shall
be void. Any rental increase in excess of that authorized by the provisions
of this chapter shall be void.
Any landlord seeking an increase in rent shall
notify the tenant of the calculations involved in computing the increase.
[Amended 8-3-1987]
A.
The following surcharges and adjustments shall be
permitted:
[Amended 11-6-1989[1]]
[1]
Editor's Note: Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
B.
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, Tax surcharge
as amended 5-1-1989, was repealed 11-6-1989. Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
C.
Tax refund.
[Amended 5-1-1989]
(1)
In the event that a tax appeal is taken and the landlord
is successful in the appeal and taxes are reduced and a rebate made
to the landlord, the tenants shall receive 50% of the total rebate,
as applied pro rata to each tenant's proportionate living space so
leased. The landlord shall not be entitled to deduct from said reduction
amount any expenses incurred in connection with the appeal. The landlord
shall, within 30 days of receipt of this tax refund, identify for
each tenant and the Rent Leveling Board, in writing:
(2)
If the tenant is still residing in the dwelling or
complex, then the tenant's proportionate share of the refund shall
be deducted from his next rent payment. A tenant who is no longer
residing in the dwelling or complex is entitled to his proportionate
share of the tax refund. The landlord shall so inform him by sending
a notice to his forwarding address. Money unclaimed after 60 days
shall revert to the township for general purposes.
D.
Major capital improvement surcharge.
[Amended 5-1-1989]
(1)
A landlord may seek a major capital improvement surcharge
for qualified improvements, subject to the following requirements:
(a)
Following the completion of the improvement,
but in no event later than six months after such completion, the landlord
shall make application to the Board for a major capital improvement
surcharge. The application shall be made on the form provided by the
Board and shall be submitted to the Board, along with all supporting
documentation, at least 90 days before the proposed effective date
of the surcharge.
(b)
At least 60 days prior to the proposed effective
date of the surcharge, the Board shall establish a hearing date. Thirty
days prior to the hearing date, the owner shall notify all tenants
of the total cost of the completed improvement, the number of years
of useful life of the improvement as determined with reference to
the regulations of the Internal Revenue Service concerning straight-line
depreciation of capital improvements, the average annual cost of the
improvement as described below, the need for such improvement, the
benefit to the tenant and the effective date of the proposed increase.
(c)
At the hearing, the Board shall afford all parties
a full opportunity to be heard and to present any testimony or evidence
relevant to the matter before the Board. The Board will then determine
if the improvement is major in character and, if so, whether the cost
was reasonable. A capital improvement surcharge, however, shall not
include any interest expense paid by the landlord or the cost of repair
or service of the improvement, as only the initial cost of the improvement
is eligible for inclusion in the surcharge. In calculating the capital
improvement surcharge to be granted, if any, the cost of the improvement
shall be divided by the number of years of useful life of such improvement,
with reference again being made to the regulations of the Internal
Revenue Service concerning straightline depreciation of capital improvements,
to determine the average annual cost of such improvement. If the improvement
will benefit all units in the dwelling, the average annual cost of
the improvement shall be divided by the total square feet of the dwelling
to determine the surcharge per square foot, which figure shall then
be multiplied by the total square feet occupied by the tenant to arrive
at the surcharge. If the improvement effects only specific units,
then only those tenants who receive the benefit shall be surcharged.
(d)
The total annual surcharge for all capital improvements
applicable to each tenant shall not exceed 10% of his base rental
and shall be payable in 12 equal monthly installments.
(e)
Surcharges granted shall not be considered as
base rent in calculating future annual rent increases.
(2)
A landlord may also seek an early determination from
the Board as to whether a contemplated improvement, or any part thereof,
will be considered a major capital improvement under this section
and what portion of the estimated cost of the improvement is eligible
for the surcharge. The Board will also make a determination as to
the useful life of the improvement. The landlord must submit an application
for an early determination with the Board and a hearing date will
then be set. The landlord must notify all tenants effected at least
30 days before the scheduled hearing date and provide them with a
copy of the application. At the hearing, all sides will have the opportunity
to be heard, and then the Board will make a determination. Upon completion
of the improvement, the landlord will submit appropriate documentation
demonstrating that the improvement was completed in accordance with
the specifications previously submitted to the Board and that the
total cost of the improvement has been paid. The Board will then schedule
another hearing date, at which the surcharge will be granted if all
of the information submitted to the Board at the early determination
hearing remains unchanged. All of the tenants effected shall again
be given notice by the landlord at least 30 days in advance of this
hearing date.
E.
Mandated expenditure surcharge.
[Amended 5-1-1989]
(1)
A landlord shall be entitled to a surcharge representing
each tenant's proportionate share of new expenditures mandated by
new federal, state, county or municipal laws, ordinances or regulations.
Such surcharges shall be payable in 12 equal monthly payments and
shall be calculated by dividing the cost of the expenditure by the
number of units in the dwelling.
(2)
To obtain a mandated expenditure surcharge, the landlord
must make application to the Board at least 60 days in advance of
the proposed effective date of the surcharge, but in no event later
than six months from the date of the expenditure. The Board shall
then establish a hearing date. Ten days prior to the hearing date,
the owner shall notify all tenants who would receive an increase in
gross rent if the requested mandated expenditure surcharge was to
be granted. Notice shall be by certified mail, return receipt requested,
or by personal service, certified either by affidavit or by acknowledgment
of service. Said notice and application shall include the following:
(a)
The date, time and location of the hearing.
(b)
The amount of the expenditure.
(c)
The law, ordinance or regulation requiring such
expenditure.
(d)
The number of units in the dwelling.
(e)
The total monthly mandated expenditure surcharge
and monthly gross rent to be charged the tenant if the request is
granted.
(3)
Following the hearing, the Board shall grant or deny
the request for the mandated expenditure surcharge.
(4)
The surcharge granted hereunder shall not exceed 3%
of the tenant's base rent in effect at the time of the granting of
the surcharge.
(5)
Surcharges granted hereunder shall not be considered
as base rent in calculating future annual rent increases.
A.
There is hereby created a Rent Leveling Board within the Township
of North Brunswick.
[Amended 3-18-2019 by Ord. No.
19-05]
B.
The Board shall consist of seven members appointed by the Mayor,
one of whom shall be the Director of Community Development who shall
serve as Chairperson, two landlords owning property in the township
or their representatives, two tenants residing in the township, one
owner of a manufactured home park in the township, and one resident
from a manufactured home park in the township. There shall also be
two alternate members, one of whom shall be a landlord and one of
whom shall be a tenant. All appointments shall be made for three-year
terms and any existing appointment which is terminated during the
pendency of a term shall be filled by a qualified member of the same
class for the remainder of the unexpired term. To achieve staggered
terms, the initial terms of office shall be one, two and three years
to be designated by the Mayor in making the appointment.
[Amended 1-15-1990; 3-18-2019 by Ord. No. 19-05]
C.
Attendance by four members or alternates without regard to class
shall constitute a quorum. In the event a regular member does not
attend a meeting, the alternate member for that category shall have
all of the powers of a regular member for that meeting. Passage of
any motion requires an affirmative vote by a majority of members present
and requires a minimum of four affirmative votes with the chair voting
only in the case of tie.
[Amended 8-3-1987; 1-15-1990; 3-18-2019 by Ord. No. 19-05]
D.
The Rent Leveling Board is hereby granted and shall
have and exercise, in addition to other powers therein granted, all
powers necessary and appropriate to carry out and execute the purposes
of this chapter, including but not limited to the following:
(1)
To recommend rules to the Township Council, which
will adopt regulations governing the operation of the Board and its
powers.
(2)
To supply information and assistance to landlords
and tenants to help them comply with the provisions of this chapter.
(5)
To request experts to be provided by the Township
Council in order to help render decisions.
(6)
To require that certain rental information be furnished by every landlord within the borders of the Township of North Brunswick who is presently renting or who has dwelling units available to rent, regardless of whether the units in question are presently subject to other provisions of this article and to impose those sanctions enumerated under § 268-13 of this article necessary to obtain this information.
[Added 8-5-1985; amended 8-3-1987]
F.
The Rent Leveling Board shall render a written decision
within 45 days after the conclusion of presentment of all evidence
and testimony.
G.
The Rent Leveling Board shall continue to function
during the effective term of this article and shall act as hearing
tribunal concerning landlord-tenant disputes under this article.
H.
Any harassment by a landlord or tenant as defined
by N.J.S.A. 2C:33-4 is hereby prohibited, and as such the landlord
or tenant may seek the remedies provided by law.
A.
A landlord may apply to the Rent Leveling Board for
an increment in rent due to hardship on the grounds that he is not
receiving a just and reasonable rate of return on his investment when
that investment is compared to other similar types of investment.
To be just and reasonable, a rate of return must be high enough to
encourage good management including adequate maintenance of services,
to furnish a reward for efficiency, to discourage the flight of capital
from the rental housing market, and to enable operators to maintain
and support their credit. The Board shall scrutinize all hardship
applications for self-induced hardship.
B.
The original application, plus 15 duplicates, shall
provide in detail financial and ownership information to be completed
by the applicant on a form to be furnished by the Rent Leveling Board.
C.
The Rent Leveling Board, upon at least 30 days' notice
to the landlord, shall hold a public hearing on the landlord's application.
At least 20 days prior to the public hearing, the landlord shall notify
each tenant of said hearing by regular mail or by personal service.
The notification shall include the date, place and time of the hearing
and the substance of the landlord's application. An affidavit of service
shall be filed with the Board showing compliance with the notice provision
above. The Rent Leveling Board shall either grant or deny a hardship
rental increase within 45 days after the conclusion of presentment
of all evidence and testimony.
D.
If the services of a financial consultant are necessary
to assist the Board in evaluating accounting data, the financial consultant's
fee shall be funded through an escrow account required of landlords
making hardship appeals. The escrow may not be more than $1,000 for
a landlord of 100 or more units, $500 for a landlord of 10 to 99 units
and $200 for a landlord of less than 10 units. Any money not required
for consulting fee shall be refunded to the landlord.
E.
The Board shall not grant a hardship increase if it
finds that:
(1)
The conditions sought to be cured by the hardship
increase were caused by sustained and systematic neglect on the part
of the landlord over a period of time during which the landlord had
the resources available to properly maintain his property.
(2)
The landlord has failed, without just cause, to supply
any data required by the Board.
(3)
The landlord has practiced poor or improper management.
F.
The Board may condition the grant of a hardship increase
on the applicant's compliance with such reasonable terms as are consistent
with the laws of North Brunswick and the laws or Constitution of the
State of New Jersey and the United States of America. The Board is
further empowered to order such inspections and investigations as
are necessary to confirm compliance with said conditions.
G.
If the Board finds that the landlord is receiving
an insufficient return on his investment, that his lack of return
has not been due to poor management practices or extraordinary nonrecurring
expenses and that the same conditions would persist without an increase
in total rent, then it may authorize an increase in total rent.
A.
During the term of this chapter, the landlord shall
provide substantially the same standards of service, maintenance,
furniture, furnishing or equipment in the housing space and dwelling
as he provided or was required to do by law or lease at the date the
lease was entered into or the landlord provided at the time of the
enactment of this chapter.
B.
An individual tenant or a class of tenants who are
not receiving substantially the same standards of service, maintenance,
furniture, furnishing or equipment in their housing space and dwelling
may have the Rent Leveling Board determine the reasonable rent value
of the housing unit or dwelling in view of this deficiency. The tenant
or class of tenants shall pay the reasonable rental value as full
payment for rent until the landlord proves that the deficiency has
been corrected.
No landlord shall, after the effective date
of this chapter, charge any rents in excess of what he was receiving
from the effective date of this chapter, except for the increase authorized
by this chapter, unless said dwelling unit has been decontrolled as
provided by this chapter.
[Added 8-3-1987[1] ]
A.
Effective date. The provisions of this article governing
calculation of rental charges shall be retroactive to June 29, 1987,
and any lease entered into after June 29, 1987, but prior to the effective
date of this article shall be renegotiated so as to be in compliance
with this article. This provision for retroactivity shall not be interpreted
to mean that any rents paid prior to the effective date hereof which
are lowered by this article shall be reimbursed.
B.
Mandatory lease notations. Every lease executed after
the effective date of this article shall contain the following statement
in boldface type on the first page of the lease: "This dwelling is
controlled by the provisions of the Rent Control Ordinance of the
Township of North Brunswick." In addition, all charges or alterations
to the existing lease shall be identified in boldface type.
C.
Filing of rent rolls. A landlord shall be required
to file rent rolls annually in January with the Rent Leveling Board.
A landlord shall indicate for each rental unit the rent as of January,
which shall be broken down into a base rent and surcharges, if applicable.
The landlord shall also provide to the Rent Leveling Board the number
of bedrooms and the address of each unit on the rent roll report.
[1]
Editor's Note: This ordinance superseded former
§ 268-11, initial rent not restricted.
[1]
Editor's Note: Former § 268-12,
Units to be decontrolled upon vacation, as amended, was repealed 8-3-1987.
A violation of any provision of this article
may be punishable by a fine not to exceed $1,000. A violation affecting
more than one leasehold shall be considered a separate violation as
to each leasehold.
All actions by a tenant or landlord except those actions brought pursuant to § 268-9, shall be brought by filing of a complaint not more than one year after the incident complained of.
This Article, being necessary for the welfare
of the township and its inhabitants, shall be liberally construed
to effectuate the purposes thereof.
[Amended 8-3-1987]
This Article shall take effect immediately upon
passage and publication as required by law.
[Adopted 6-1-1987]
A.
The provisions of this article shall apply only to
the leasing of rental spaces in manufactured home parks.
B.
There shall be no restriction on the rent charged
for the initial leasing of a manufactured home space. Thereafter,
the owner shall be entitled to an annual increase in rents not exceeding
the maximum permitted by this article. However, any subsequent increase
shall be subject to the provisions of this article governing permissible
increases.
C.
The provisions of this article governing calculation
of space rental charges in manufactured home parks shall be retroactive
to January 1, 1987, and any lease entered into after January 1, 1987,
but prior to the effective date of this article, shall be renegotiated
so as to be in compliance with this article. This provision for retroactivity
shall not be interpreted to mean that any rents paid prior to the
effective date hereof, which are lowered by this article, shall be
reimbursed.
[Added 7-6-1987]
As used in this article, the following terms
shall have the meanings indicated:
The Rent Leveling Board of the Township of North Brunswick
or the Manufactured Home Rent Leveling Board, if such a board should
be created by Township Council.
The All Urban Consumers' Price Index published by the Bureau
of Labor Statistics, United States Department of Labor for the New
York - Northeastern New Jersey region
[Amended 11-6-1989[3]]
The actual monthly rent charged and received for a manufactured
home rental space over the preceding twelve-month period. "Gross rent"
is comprised of the following:
The rate of return determined to be high enough to achieve
the following:
An alteration to the park property above and beyond ordinary
repair, replacements and maintenance which significantly adds value
to rental spaces.
A unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities,
as a dwelling on a permanent or nonpermanent foundation.
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United
States Department of Housing and Urban Development pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974.
That portion of a manufactured home park improved and offered
for rent for the purpose of anchoring one manufactured home thereon,
together with all of the privileges, services, equipment, facilities
and improvements associated with the occupancy of such portion of
the property.
The owner's cash investment, calculated by deducting from
the total investment in the park that portion of the investment which
was financed through mortgages. Neither a refinance of the property
nor an increase in value due to property appreciation shall affect
the owner's "actual cash investment" for purposes of hardship calculations
pursuant to this article. The total cash investment shall be limited
to the purchase price of the premises, together with any capital improvements
to the premises which do not add additional space to the park and
which are not otherwise compensated through rent increases pursuant
to this article, reduced by the financing which was used to purchase
and improve the premises.
Expenses incurred by the owner/operator of a manufactured
home park for the operation and maintenance of the park. The following
limitations shall apply:
Principal and interest payments on mortgages,
depreciation, fines and penalties shall not be considered operating
expenses.
Costs of major capital improvements shall not
be considered operating expenses.
Professional fees shall be limited to actual
costs for the day-to-day operation of the park.
Management expenses shall be limited to amounts
paid for services provided by a manager or management firm and shall
be competitive with amounts paid for similar services in the area.
The purchase of new equipment shall be reflected
and prorated over the useful life of the equipment as claimed by the
landlord for the purpose of depreciation on income tax forms.
[1]
Editor's Note: Former Subsection A(1), dealing
with tax surcharges, was repealed 11-6-1989. Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
[2]
Editor's Note: Former Subsection A(4), which
dealt with maintenance surcharge and which immediately followed this
subsection, was repealed 9-3-1991.
[3]
Editor's Note: Section 12 of this ordinance
provided that the provisions of the amendatory ordinance shall be
retroactive to January 1, 1989. Any rents paid from January 1, 1989,
which include a tax surcharge shall be reimbursed or credited to the
tenant equal to the amount of the tax surcharge.
A.
Lease required. Manufactured home park owners shall
provide a written lease for a period of not less than one year to
all tenants within 30 days of occupancy. Subsequent rent increases,
with the exception of hardship increases, major capital improvement
surcharges and mandated expenditures surcharges, may only be imposed
upon the renewal of an expired lease or upon a change of occupancy.
[Amended 11-6-1989; 9-3-1991]
B.
Analysis of components of existing gross rents. From
the effective date of this article until such time as a permitted
surcharge is approved, gross rents and base rents shall be equal on
all manufactured home spaces. Upon approval of a permitted surcharge,
authorization for future rent increases shall require that existing
gross rents be broken down into base rent and any applicable surcharges.
[Amended 11-6-1989; 9-3-1991]
C.
Mandatory lease notations.
(1)
Every owner/operator of a manufactured home park shall
cause to be printed on all leases executed after the effective date
of this article the following two statements:
(a)
"This manufactured home space is controlled
by the provisions of the Manufactured Home Parks Rent Control Ordinance
of the Township of North Brunswick."
(b)
"Maintenance and replacement of heating tape
is the responsibility of the homeowner. Periodic examination and replacement
as necessary is hereby recommended."
(2)
Both statements shall be in bold-face type and set
off from other paragraphs on the first page of the lease.
D.
Property maintenance responsibilities.
(1)
The owner/operator is responsible for the general
upkeep of the park, including the maintenance of all services agreed
to in the lease. Unless otherwise specified in the lease, the owner/operator
shall be responsible for the following property maintenance and services:
(a)
Garbage collection a minimum of two times per
week.
(b)
Snow removal and sanding of all streets, common
parking areas and walkways which serve either common areas, designated
school bus stops and common mailboxes.
(c)
Mowing of lawns and resodding or reseeding of
areas as required, if not a direct result of tenant neglect or damage.
(d)
Pruning and replacement of trees, shrubs, etc.,
as required.
(e)
Streetlighting and lighting of common areas.
(f)
Maintenance of recreation facilities, the clubhouse
and other common areas.
(g)
Street cleaning a minimum of once in the spring
and once in the fall.
(h)
Maintenance and repair of the internal roadway
system and driveways to individual manufactured home rental spaces.
(i)
Replacement of damaged or stolen street signs.
(j)
Removal of leaves from the premises at least
as often as the Township of North Brunswick provides such pickup service.
(k)
Prompt replacement of damaged or stolen street
signs.
(l)
Removal of leaves from grassed areas and the
premises.
(3)
While the owner is responsible for general landscape
maintenance, the tenant shall be responsible for watering newly laid
sod until the sod takes to the soil.
(4)
The owner is specifically not responsible for upkeep,
repairs and maintenance of manufactured homes located in the park
unless said home is owned by the owner.
(5)
Tenants shall be responsible for maintenance of heating
tape and for fuel, electrical and water lines from the surface of
the pad to the home and for sewerage lines from the street to the
home, with the exception of any failure in the sewer lateral due to
any break or settlement or act of vandalism, which, in those circumstances,
shall be the maintenance responsibility of the owner/operator of the
park. Snow removal from sidewalks that do not service common areas,
school bus stops and common mailboxes shall be the responsibility
of the manufactured home owner leasing the space.
E.
Required relocation of home within manufactured home
park. In accordance with the Mobile Home Law, N.J.S.A. 46:8C-2 et
seq., a manufactured home park owner/operator shall provide notice
by personal service a minimum of 30 days prior to requiring a tenant
to relocate his manufactured home to a different rental space. However,
upon requiring relocation, the owner/operator shall not be permitted
to increase the amount charged the tenant in his existing lease, regardless
of previous rental charges on the rental space to be occupied.
F.
Excessive increase. Any increase in rental charges
which exceeds that authorized by this article shall be void.
G.
Written representation of services binding. The owner
shall be required to provide any and all services to the homeowners
which have been promised by the owner of the park in writing in either
a lease agreement, a promotional brochure, a newspaper advertisement
or any other written format. In the event that the owner of the park
fails to provide such service which was promised in writing within
a reasonable period of time, the homeowner may apply for a reduction
in rent commensurate with the value of the service not provided, in
accordance with the terms of this article.
H.
Park owner permission for improvements to homes. The
owner of the manufactured home park shall not withhold permission
to a homeowner for an improvement or change to the home if such withholding
of approval is arbitrary, capricious or unreasonable. In the event
that approval is arbitrarily, capriciously or unreasonably withheld
by the park owner, the Board may order such owner to execute any and
all documents necessary for the homeowner to make the requested improvement
or addition.
[Amended 11-6-1989; 9-4-1990; 9-3-1991]
A.
Lease renewal.
(1)
At the expiration of a lease, for a three-year period
beginning September 1, 1991, the monthly base rent for a manufactured
home rental space may increase by an amount not to exceed 90% of the
percentage increase in the consumer price index from March of the
present year, subject to not exceeding a maximum base rent of $425
per month. However, the owner may increase rents by a lesser amount.
Any such increase, if applicable, shall be effective upon renewal
for base periods commencing on and after the first day of September
immediately following the March-to-March period for which the CPI
increase was calculated. Only one such rental increase can be exacted
upon any one tenant within any one year at any one manufactured home
site. For a subsequent two-year period beginning September 1, 1994,
the monthly base rent may increase any an amount not to exceed 100%
of the percentage increase in the CPI. The maximum base rent permitted
shall remain at $425 for this subsequent two-year period only if the
percentage increase in the CPI is equal to 5% or greater.
(2)
The percentage increase allowable hereunder shall
be applied only to the existing base rent. Major capital improvement
surcharges and mandated expenditure surcharges shall be added to the
increased base rent in order to arrive at the new gross monthly rent.
B.
Change of tenant. Where there is a resale of a manufactured
home which is to remain on the same rental space or where a rental
space is to be occupied by a new tenant and manufactured home as a
result of the previous tenant's vacating a rental space, the owner/operator
shall be permitted to increase the base rent to an amount which does
not exceed the highest base rent charged in the park at the time.
C.
Procedure for annual rent increase.
(1)
The owner/operator shall notify each tenant who will
receive an annual increase a minimum of 30 days prior to the proposed
increase. Notice shall be by certified mail, return receipt requested,
or by personal service certified either by an affidavit or by an acknowledgment
of service executed by the person served. The notice shall include
the following:
(a)
The date of expiration of the lease.
(b)
A breakdown of the gross rent into base rent
and any applicable surcharges.
(c)
The percentage increase in the CPI for the preceding
calendar year.
(d)
The amount of the increase and the percentage
of base rent represented by such increase.
(e)
The total gross rent, including the annual increase
in base rent.
(2)
The failure of the owner to provide the tenant with
this information 30 days prior to the lease date shall make any increases
void, and the tenant shall recover any increases which the tenant
may have paid.
(3)
The effective date of any annual increase shall be
the first day of the next month following 30 days' notification; provided,
however, that in no event shall said increase precede expiration of
the annual lease.
(4)
Filing of rent rolls. An owner shall be required to
file rent rolls annually in January with the Rent Leveling Board.
An owner shall indicate for each rental unit the rent as of January,
which shall be broken down into a base rent and increase, if applicable.
The owner shall also provide to the Rent Leveling Board the address
of each unit on the rent roll report.
A.
This Article provides the mechanism for requesting
gross rent increases which exceed the annual increase in base rent
permitted annually. All such requests shall be classified as one of
the following:
[Amended 11-6-1989; 9-3-1991[1]]
[1]
Editor's Note: This ordinance also repealed
former Subsection B, which stated that this article provides the mechanism
for a reduction in gross rent based upon inadequate maintenance or
a reduction in property taxes.
A.
Criteria for hardship rent increase.
(1)
An owner of a manufactured home park may apply to
the Board for an increase in base rents beyond that which is otherwise
permitted in this article if the landlord can show that the gross
annual income generated by the manufactured home park does not cover
the cost of mortgage interest and amortization for mortgages on the
park, reasonable and necessary expenses incurred by the owner/operator
in connection with operation and maintenance of the park and still
ensure a just and reasonable rate of return on the owner's investment.
(2)
Determination of reasonable and necessary operating expenses shall be in accordance with § 268-18 of this article.
(3)
No applicant shall be permitted to receive an increase
under this section until such time as the applicant has owned and
operated the manufactured home park for a period of 36 months.
(4)
Only one hardship increase may be granted during any
twelve-month period.
(5)
The effective date of such increase shall be determined
by the Board, giving due consideration to the date of submission of
the completed application and the length of the hearings.
(6)
The amount of any hardship increase granted shall
be considered to be a component of base rent for calculating future
annual rent increases.
B.
Procedure for hardship rent increase.
(1)
In order to provide the Board with sufficient time
to review the required financial data and schedule necessary public
hearings, the owner is required to submit an application for a hardship
rental increase under this section at least 90 days prior to the effective
date of the proposed rent increase.
(2)
The Board shall establish a hearing date. Thirty days
prior to the hearing date, the owner shall notify all tenants who
will receive an increase in gross rent if the requested hardship increase
was to be granted. Notice shall be by certified mail, return receipt
requested, or by personal service certified either by affidavit or
by an acknowledgment of service executed by the person served. Said
notice and application shall include the following information:
(a)
The date, time and location of the hearing.
(b)
The amount of the increase requested, the percentage
of base rent represented by such request and the total monthly gross
rent to be charged the tenant if the request is granted.
(c)
A detailed statement of income and expenses
for the 12 most recent consecutive months ending not more than 60
days prior to application.
(d)
The name and address of managing agent.
(e)
The date of purchase of property and purchase
price.
(f)
Development costs.
(g)
The terms of all mortgages.
(h)
The owner's actual cash investment.
(i)
The owner's estimate of the rate of return for
the preceding two years and for the current year if no hardship increase
is granted, and the owner's estimate of the rate of return if the
requested increase is granted.
(3)
In addition to any financial requirements which must
be satisfied, the owner/operator must satisfy the Board that he is
an efficient operator of the manufactured home park, that the park
is in a safe and sanitary condition and that the park complies with
all township and state codes pertaining to construction and tenants'
rights.
(4)
Following the public hearing, if the Board is satisfied
that the applicant is an efficient landlord and that a hardship increase
is necessary in order to realize a just and reasonable rate of return
on the owner's investment, the Board may grant a hardship rent increase
sufficient to ensure said return.
[1]
Editor's Note: Former § 268-23,
Tax and fees surcharge, was repealed 11-6-1989. Section 12 of this
ordinance provided that the provisions of the amendatory ordinance
shall be retroactive to January 1, 1989. Any rents paid from January
1, 1989, which include a tax surcharge shall be reimbursed or credited
to the tenant equal to the amount of the tax surcharge.
A.
Criteria for major capital improvements surcharge.
(1)
The owner of a manufactured home park may apply to
the Board for an additional rental charge necessary to amortize the
cost of major capital improvements which were necessary for the proper
operation of the park.
(2)
For the purpose of this section, "capital improvements"
shall be any item considered as such under the federal internal revenue
enactments and regulations.
(3)
An owner seeking a capital improvements surcharge
shall apply to the Rent Leveling Board within six months of completing
said capital improvements with the following exception: However, where
a proposed major capital improvement is estimated to exceed $50,000
and said capital improvement is not required by any township or state
code or regulation, the tenants shall first be provided with an opportunity
to approve or disapprove said capital improvement. Notice of a meeting
to vote on said improvement shall be by certified mail, return receipt
requested, or by personal service certified either by an affidavit
or by an acknowledgment of service executed by the person served.
Notification shall be a minimum of 30 days prior to voting. If a majority
of tenants actually voting vote against the capital improvement, then
the cost of said improvement shall not be eligible for a capital improvements
surcharge.
(4)
Any increase granted by authority of this section
shall be paid over the period of the useful life of the completed
capital improvement, as established by the Board at public hearing.
(5)
Any surcharge granted hereunder shall not exceed 10%
of the tenant's base rent in effect at the time of the granting of
the surcharge.
(6)
The cost of expanding or enlarging a manufactured
home park or a section thereof shall not be borne by existing tenants
through the imposition of a capital improvements surcharge.
(7)
A capital improvements surcharge shall not be considered
as base rent in calculating future annual rent increases.
B.
Procedure for capital improvements surcharge.
(1)
The owner shall make application for a capital improvements
surcharge within six months of completion of the capital improvements
and at least 60 days prior to the proposed effective date of the capital
improvements surcharge. The Board shall establish a hearing date.
Thirty days prior to the hearing date, the owner shall notify all
tenants who would receive an increase in gross rent if the requested
capital improvements surcharge was to be granted. Said notice shall
include the following:
(a)
The date, time and location of the hearing.
(b)
The total cost of the completed capital improvement.
(c)
The number of useful years of life of the improvement.
(d)
The average cost, including debt service, of
the improvement (calculated by dividing the cost of the major improvement
by the total number of completed manufactured home spaces in the manufactured
home park.)
(e)
The capital improvements surcharge being sought
from each tenant.
(2)
Following the public hearing, the Board may grant
a capital improvements surcharge in an amount determined to be appropriate.
A.
Criteria for mandated expenditures surcharge. An owner
of a manufactured home park shall be entitled to a surcharge representing
each tenant's proportionate share of new expenditures mandated by
new federal, state, county or municipal laws, ordinances or regulations.
Such surcharge shall be payable in 12 equal payments owing monthly
and shall be equal to an amount calculated by dividing the cost of
the expenditure by the number of spaces occupied and available for
occupancy at the time the expenditure was made. However, any surcharge
granted hereunder shall not exceed 3% of the tenant's base rent in
effect at the time of the granting of the surcharge. Additional spaces
which are made available after the expenditure shall not have such
surcharge added into the gross rent calculations.
B.
Procedure for mandated expenditures surcharge.
(1)
The owner made application to the Board 30 days prior
to the proposed effective date of the mandated expenditures surcharge.
The Board shall establish a hearing date. Ten days prior to the hearing
date, the owner shall notify all tenants who would receive an increase
in gross rent if the requested mandated expenditures surcharge was
to be granted. Notice shall be by certified mail, return receipt requested,
or by personal service certified either by affidavit or by an acknowledgment
of service executed by the person served. Said notice and application
shall include the following: the date, time and location of the hearing
and the calculations involved, including:
(a)
The amount of the owner's expenditure.
(b)
The law, ordinance or regulation requiring such
expenditure.
(c)
The number of manufactured home rental spaces
occupied at the time of this expenditure.
(d)
The total monthly mandated expenditures surcharge
and monthly gross rent to be charged the tenant if the request is
granted.
(2)
Following the public hearing, the Board shall grant
or deny the request for the mandated expenditures surcharge in an
appropriate amount.
[1]
Editor's Note: Former § 268-26,
Property maintenance surcharge, as amended 9-4-1990, was repealed
9-3-1991.
A.
Criteria for reduction.
(1)
Every owner/operator shall maintain substantially
the same standards of service, maintenance, recreational facilities
and landscaping connected with the tenancy as was provided at the
inception of the tenancy. A failure on the part of the owner/operator
to properly maintain the grounds or services may entitle the manufactured
home tenant to withhold rent. The obligation of the tenant to pay
the approved gross rent in its entirety is dependent upon the owner's
continuing ability to provide substantially the same level of services
and property maintenance which were being provided upon execution
of the lease.
(2)
Should minimum property maintenance livability standards
not be maintained by an owner/operator, or should facilities and services
which were provided upon execution of the lease be substantially reduced
by the owner/operator, or should the failure of the owner/operator
to make necessary repairs or improvements result in the failure of
the manufactured home park to comply with federal, state or local
codes, then tenants so affected shall be entitled to a reduction in
rent until such time as the deficiency has been corrected.
B.
Procedure for reduction.
(1)
Any tenant or group of tenants who is affected by
either a failure of the owner/operator to comply with township codes
or by a reduction in standards of maintenance and services may, on
30 days' prior written notice to the owner by certified mail, return
receipt requested, or by personal delivery, with an affidavit of service
to the Board, ask the Board to determine the percentage reduction
in the gross rent in view of the deficiency. The Board, after hearing,
shall determine the percentage reduction in rent by using the following
suggestive, but not exhaustive, guidelines:
(a)
The extent of violations of applicable codes.
(b)
The nature of the deficiency or extent of the
reduction in service.
(c)
Whether the owner knew or should have known
of the condition.
(d)
The potential or actual effects upon safety
and sanitation.
(e)
The length of time of the existence of the condition
has existed.
(2)
Upon finding that a rent reduction is in order, the
tenant(s) shall only be required to apply the rent as determined by
the Board until such time as the owner proves to the Board that the
deficiency has been corrected. Said payment shall constitute fulfillment
of the tenant's payment obligation during that time. Where a reduction
in rent has been ordered for a past deficiency, the tenant shall be
entitled to a credit against the rent(s) next due, as reduced by any
continuing deficiency which may be found by the Board, until such
times the total credit has been exhausted.
[1]
Editor's Note: Former § 268-28,
Reduction in rent due to tax appeals or decreases in taxes or fees,
as amended 5-1-1989, was repealed 9-3-1991.
A willful violation of any of the provisions
of this article, including but not limited to the willful filing with
the Board of any material misstatement of fact, shall be punishable
by a fine of not more than $500. A violation affecting more than one
rental space shall be considered a separate violation as to each rental
space.
This Article, being necessary for the welfare
of the township and its inhabitants, shall be liberally construed
to effectuate the purposes thereof.
[Added 9-3-1991]
The provisions of this article affecting permitted
increases in gross rents shall be reviewed and studied beginning four
years from the effective date of this amendment.