Borough of Franklin, NJ Mobile Homes

An individual water riser shall be located within the confined area of each mobile home lot at a point where the water connection will approximate a vertical position. The riser outlet shall be designed so that a watertight connection can be made between the outlet and the mobile home piping system.

The water riser shall extend at least four inches above the ground elevation. The outlet shall be plugged or capped when not in use.

Adequate provisions shall be made to prevent freezing of risers, valves and water service pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser.

Each riser shall be provided with a shut-off valve conveniently available to the tenant in the event of an emergency.

Storage.

The water supply system of a mobile home park shall be provided with storage unless the supply is derived from a public potable water supply.

The location, size, type and elevation of the storage facility or facilities shall be such as to meet the distribution pressure requirements as established in Subsection B.

Potable water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers, and any overflow or ventilation openings shall be covered with metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection direct to a sewer.

Physical connections. No physical connection shall be made between an approved public potable water supply and an unapproved water supply unless it satisfies the provisions of N.J.S.A. 58:11-9.1 et seq. A semipublic water supply is considered as an unapproved water supply for the purpose of this regulation even though it may meet the Potable Water Standards established by the State Department of Health of the State of New Jersey.

Drinking fountains. Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with the nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening equipped with a strainer.

Sampling. If the water furnished consumers in a mobile home park is not obtained from a public water supply system, it shall be sampled quarterly each year and submitted for bacteriological analyses in accordance with the provisions of the Potable Water Standards established by the State Department of Health. All results of samples taken under this subsection shall be assembled, recorded and maintained by the park management for inspection by the New Jersey State Department of Health or the local Board of Health.

New construction.

Mobile home lots constructed or reconstructed after the effective date of Chapter IX of the New Jersey State Sanitary Code, to the extent it is not superseded by regulations as provided for in the New Jersey Administrative Code, shall be provided with water risers and water service pipes of at least three-fourths-inch nominal inside diameter.

[Amended 12-12-2000 by Ord. No. 14-2000]

A shut-off valve shall be provided for each water service pipe.

Underground combination stop and waste valves shall not be installed.

§ 176-5 Sewage and storm drain facilities.

General. Adequate facilities for the collection and disposal of sanitary sewage shall be provided at every mobile home park.

Building sewer outlet and connections.

Each mobile home lot shall be provided with a building sewer. The building sewer shall be at least four inches in diameter and shall be equipped with a riser of the same diameter terminating sufficiently above ground at not less than a forty-five-degree angle to permit adequate connection from the mobile home. A trap or vent shall not be installed on the building sewer.

The riser shall be firmly imbedded in the ground and be protected against heaving, shifting and surface water. When it is not in use, the riser shall be capped or plugged so as to render it watertight.

The sewer connection shall be provided with suitable fittings to effect watertight junctions. The connections shall be self-draining and shall be effected by durable, noncollapsible, corrosion- and weather-resistant semirigid or rigid pipe. Such pipe shall be plastic, copper or iron of suitable diameter (at least three inches) to fit the drain outlet of the mobile home and the riser.

The park management shall maintain several space connectors and appropriate fittings, in good repair, to be used when privately owned connectors do not meet the requirements of this regulation.

Sewer lines and appurtenances. Sewer lines and appurtenances in a mobile home park shall be laid in accordance with the following requirements:

Minimum size: six inches (except building sewer).

Grade.

	Pipe Size (inches)	Minimum Grade
	6	0.65%
	8	0.40%
	10	0.29%
	12	0.22%

Construction. All sewer line joints, sewer connections and manholes shall be watertight.

Manholes shall be provided at the upper end of each sewer line; at intersections; at changes in grade, size or alignment; and at intervals of not more than 400 feet.

Protection of water supplies.

Water mains and sewers generally shall be separated by a horizontal distance of 10 feet. If such lateral separation is not possible, the water and sewer pipes shall be in separate trenches, with the sewer at least 18 inches below the bottom of the water main, or with such other separation as is approved by the New Jersey State Department of Health. At crossings of sewers and water mains, the sewer shall, in general, be at least 18 inches below the bottom of the water main.

Where the requirements of Subsection C(5)(a) (above) cannot be met, the sewer shall be constructed of cast-iron pipe with mechanical or slip-on joints, or hot-poured lead joints, for a distance of at least 10 feet on either side of the crossing, or other suitable protection as approved by the Department shall be provided.

Any sewer which is within 100 feet of a well shall be of steel, reinforced concrete, cast iron or other suitable material, shall be properly protected, of completely watertight construction, and shall be tested for watertightness after installation.

Approval of sewage facilities.

The plans for the proposed sewage facilities of a mobile home park, including sewers and appurtenances and sewage treatment and disposal facilities, shall be approved by the State Department of Health prior to installation of the facilities.

Where sewage disposal is to be effected by subsurface means, the facilities shall be designed and constructed in accordance with the requirements of Standards for the Construction of Sewerage Facilities for Realty Improvements promulgated by the State Commissioner of Health.

Where sewage disposal is to be effected by means of a wastewater treatment plant discharging a treated effluent into the waters of the state, such wastewater treatment plant shall be designed and constructed in accordance with the Rules and Regulations for the Preparation and Submission of Plans for Sewer Systems and Wastewater Treatment Plants established by the New Jersey State Department of Health.

Subsurface sewage disposal systems, or a wastewater treatment plant to serve the mobile home park, shall not be approved where a sanitary sewer is available within 100 feet of the boundary of the mobile home park.

Storm drainage. Sanitary sewers shall be separate and apart from any stormwater drainage system. All streets shall be provided with sufficient catch basins, storm sewers, culverts and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions, with final disposition to an existing natural watercourse of adequate capacity for such purpose. Storm drains shall be constructed of reinforced concrete pipes conforming to the requirements of the Standard Specifications for Reinforced Culvert Pipes, ASTM Designation C76, of the year of last revision. Storm drainage features shall be based on a ten-year frequency curve, and the drainage facilities shall in all respects be subject to approval of the Borough Engineer.

§ 176-6 Refuse storage, collection and disposal.

General. The storage and collection of refuse shall be so managed as to prevent health hazards, rodent harborage, insect breeding, accident hazards or air pollution.

Refuse containers. All refuse shall be stored in durable, flytight, watertight and rodentproof containers.

Container location. Containers shall be located either at each mobile home lot or at one or more centralized locations within the mobile home park.

Storage capacity. At least 1 1/2 gallons of refuse storage capacity per capita per day shall be provided.

Facilities for container location. Each mobile home lot or each centralized location for refuse containers shall be provided with one of the following at the option of the park management:

A slab of impervious material large enough to accommodate the number of containers provided.

A rack or holder of a type approved by the park management providing at least six inches of clear space beneath, or a cart providing at least four inches of clear space beneath.

A properly protected container in an underground storage installation.

Collection. Refuse shall be collected at least once weekly.

Refuse disposal. Refuse disposal shall be effected in accordance with the provisions of Chapter VIII of the State Sanitary Code, to the extent it is not superseded by regulations as provided for in the New Jersey Administrative Code, and the ordinances and regulations of the Borough Board of Health.

[Amended 12-12-2000 by Ord. No. 14-2000]

§ 176-7 Insect, rodent and weed control.

Insects.

Mobile home parks and mobile home lots shall be kept free from articles which may hold water and provide a temporary breeding place for mosquitoes. Permanent mosquito control measures, such as draining and filling depressions in which water may collect, shall be taken by the park management, together with such supplemental larvicidal measures as need indicates.

Fly breeding shall be controlled by eliminating the unsanitary practices which provide breeding places. Refuse containers shall be repaired or replaced when so damaged that they leak or their lids do not fit in a flytight manner. The areas surrounding the refuse container shall not be permitted to become littered with garbage nor saturated with waste liquid from garbage. All containers shall be maintained in a clean and sanitary condition.

Insecticidal measures shall be applied if necessary.

Rodents.

All buildings within the mobile home park shall be ratproofed with special emphasis on those in which food is stored or served.

Items in storage shall be maintained in such a manner as to eliminate the possibility of rodent harborage.

Weeds. The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers.

§ 176-8 Electricity.

Power. Every mobile home park shall be equipped with electric power.

Approval. Electrical systems and equipment installed in mobile home parks shall be approved by the Underwriters or other recognized agency having jurisdiction.

Protection. All metal parts of a mobile home shall be adequately grounded.

§ 176-9 Fuel, flammable liquids and gases.

Storage and handling of fuel, oil and flammable liquids. The handling and storage of gasoline, fuel oil or other flammable liquids shall be in compliance with the pertinent standards of the National Board of Fire Underwriters (Pamphlet Number 30).

Storage and handling of liquefied petroleum gases. The handling and storage of liquefied petroleum gases shall be in compliance with the applicable rules and regulations of the New Jersey State Department of Law and Public Safety, Division of State Police.

Racks. Fuel oil racks shall be on noncombustible material.

§ 176-10 Fire extinguishers.

Extinguisher. There shall be provided in each mobile home a fire extinguisher rated for Class B and C fires as a minimum. Each extinguisher shall have a capacity of not less than 2 1/2 pounds and shall be maintained in operable condition.

Location. Each extinguisher shall be located so as to be conveniently and readily accessible for use by occupants of the mobile home.

§ 176-11 Administration.

Procedure for obtaining licenses. Licenses for the construction and maintenance and operation of a mobile home park in accordance with the application and related documents and as required by this article shall be issued upon proper application by the Mayor and Council, after consultation by the Borough agencies hereinafter stated and public hearing, if it shall appear that the proposed mobile home park conforms to this article and the design standards herein set forth, upon payment of the fees herein required. Application for a license to construct or operate and maintain a trailer court shall be made by the filing of four copies of a written application signed by the person seeking a license to construct or maintain and operate a mobile home park, which shall contain the following information and be accompanied with the following statements, data and maps:

Duplicate copies of all applications filed by the park management with the New Jersey State Department of Health in conformity with the provisions of Chapter IX, Mobile Home Parks, of the New Jersey State Sanitary Code, to the extent it is not superseded by regulations as provided for in the New Jersey Administrative Code, as well as copies of all plans and specifications accompanying the applications, together with certified copies of all approvals and permits issued by the Department evidencing satisfactory compliance with the requirements of this article.

[Amended 12-12-2000 by Ord. No. 14-2000]

The application shall contain the information required by the register provided by § 176-13A hereof as the same exists at the time of making application and shall state whether the applicant is the owner of the premises for which a license is sought and, if not, the name of the owner and the interest of the person making the application in the property, whether as purchaser under contract, lessee or otherwise. In the event the applicant is not the owner of the premises for which the license is sought there shall be deposited with the Borough Clerk, in addition to the fees otherwise required, the sum of $1,000 to be held by the Clerk to insure compliance with this article, which deposit fee shall be returned to the licensee upon expiration of the permit less such sums as may be found to be due to the Borough under § 176-13B herein.

If the documents submitted to the State Department of Health aforementioned do not set forth the data and details required by the more restrictive provisions of this article, additional plans and specifications showing the same shall be required. Such data shall include plans and specifications prepared by a professional engineer licensed to practice in New Jersey and bearing his seal and signature with respect to compliance with § 176-3I and M of this article and with respect to all proposed grading and drainage plans for the site. The drainage and grading plans and specifications shall include profiles, sizes and grades of all storm sewers designed in accordance with acceptable standards. Profiles and grades of all roads shall be shown. Cross sections of all retaining walls or embankments with a proposed grade steeper than three horizontal to one vertical shall be shown and their relationship to proposed mobile homes. When embankments or retaining walls are constructed, the embankments shall be sodded or seeded and as-built cross sections shall be submitted by a professional engineer certifying that the mobile homes and embankment or retaining walls have been constructed in accordance with the proposed plans.

Hearing upon applications.

Upon filing of the application as above required, which shall be open to public inspection, the Mayor and Council shall distribute copies of the same to the Planning Board, Board of Health and Borough Attorney for study, consultation, comment and recommendations and shall, within 30 days of the filing of the application, hold a public hearing upon not less than 10 days' notice to the applicant, notice of which public hearing shall be published in a newspaper published and circulated in Sussex County at least one week prior thereto, whereat all persons shall be given an opportunity to state their views as to the proposed mobile home park.

After public hearing, the Mayor and Council shall, within 30 days, by resolution approve or reject the application and, if approved, shall issue a license for the construction or operation and maintenance of the mobile home park. If the application is rejected, a copy of the resolution rejecting the application and containing the reasons for rejection shall be forthwith mailed to the applicant, who, within 30 days of the rejection of the application, may amend his application or seek a rehearing on the application. A rehearing upon an amended application shall proceed as upon any original application, except that the same may be limited, in the discretion of the Mayor and Council, to consideration of the amended portions thereof only.

In the event that application is made for construction as well as maintenance and operation of a mobile home park, the Mayor and Council may, in their discretion, withhold issuance of the license pending completion of construction in accordance with the terms of the application and this article.

Annual renewal licenses.

Licenses for the annual renewal of mobile home park licenses previously issued to an applicant shall be issued upon consultation by the Borough agencies required in the case of original applications if the Mayor and Council determine that the proposed mobile home park conforms to this article and the design standards herein set forth and upon payment of the fees herein required.

Application for the annual renewal license shall be made on or before October 31 of the next preceding licensing year (calendar year) by the filing of four copies of a written application signed by the person seeking a renewal license, which shall contain the following information and be accompanied by the following statements, data and maps:

The application shall set forth any change in ownership or interest in the property by the person making the application.

The application shall set forth any changes in the mobile home park with respect to matters set forth in the last application and shall contain all data required with respect to any original application concerning any changes unless such changes have been previously approved.

Upon filing of the application for a renewal license, which shall be open to public inspection, the Mayor and Council shall distribute copies of the same to the Planning Board, the Board of Health, Zoning Officer and Borough Attorney for study, consultation and recommendation. Reports by the agencies shall be submitted to the Mayor and Council within 30 days of submission to the respective agency.

In the event all agencies recommend that the renewal license be granted and the Mayor and Council find that all ordinance and statutory requirements have been met, then the Mayor and Council shall issue such renewal license.

In the event minor discrepancies are reported, however, the Mayor and Council may, at their discretion, issue the license subject to conformance by the applicant within a reasonable period of time as set by the Mayor and Council.

In the event such discrepancies are not corrected timely or any one of the agencies recommends that the renewal license not be granted, then the Mayor and Council shall hold a public hearing upon not less than 10 days' notice to the applicant, notice of which public hearing shall be published in a newspaper published and circulated in Sussex County at least one week prior thereto, whereat all persons shall be given an opportunity to state their views as to the proposed mobile home park renewal license. After public hearing the Mayor and Council shall, within 30 days, by resolution approve or reject the application and, if approved, shall issue the renewal license.

If the application is rejected, a copy of the resolution rejecting the application and containing the reasons for rejection shall be forthwith mailed to the applicant, who shall immediately make the required improvements as required by the Mayor and Council.

(8)

Upon completion of the required improvements, the applicant shall report such completion and the Mayor and Council may then reconsider the application for renewal of the license.

Approval to operate. Mobile home parks shall not be operated by any person until the Mayor and Council have given formal approval therefor by issuance of an appropriate license or permit. This license or permit shall be displayed in a conspicuous place on the premises where it can be easily observed. No person shall operate a mobile home park whose license therefor is suspended.

Temporary permits. The Mayor and Council may issue temporary permits for the operation of mobile home parks whenever in the judgment of the Mayor and Council such temporary permits are necessary and proper pending formal and final action upon any application, which permits may be issued for such period upon such terms as the Mayor and Council may deem appropriate pending final action.

Suspension of license or permit to operate. The license or permit of any person to operate a mobile home park may be suspended at any time for good cause by the Mayor and Council upon three days' notice in writing after due hearing. The person whose license or permit has been suspended or his representative in charge of the mobile home park shall, at the time of such license suspension, be informed why the license or permit to operate the mobile home park is suspended, the reason for such action and the remedial action to be taken before the suspension may be lifted. Application for reinstatement of such license may be made any time thereafter and may be granted upon satisfactory proof of remedial action.

Inspection. Mobile home park buildings and premises shall be subject to inspection by the Mayor and Council or their duly authorized representatives.

§ 176-12 Alterations to mobile home parks and facilities.

Application for approval. Applications for approval of plans and specifications for modifications, alterations, extension or expansion of a licensed mobile home park shall be made to the Mayor and Council before work is commenced thereon, and no such facility shall be put in use without the approval of the Borough.

Procedure. Duplicate copies of all applications filed by the park management with the State Department of Health for permission to make such alterations as well as copies of all plans and specifications accompanying the applications and certified copies of all approvals and permits issued by the Department shall be filed with the application. If the documents submitted to the Department do not set forth data and details required by the more restrictive provisions of this article, additional plans and specification showing the same shall be submitted. If the Mayor and Council find that such application meets the requirements of this article, they shall issue an approval for the work upon such reasonable terms and conditions as they shall deem appropriate, including inspection and approval by the Borough Engineer. No new mobile home space shall be put in use until its construction has received final approval.

§ 176-13 Operation of mobile home park; fees.

Register. Every person holding a license for the operation of a mobile home park shall keep and maintain or cause to be kept and maintained a register in which shall be inscribed the true name and address of every person parking a mobile home at the mobile home park or leasing a mobile home or mobile home space at the park, the license number of the mobile home, the serial, type and license number of each automobile, the date of arrival, the date of departure, the age, name and last permanent address of the owner of the mobile home and automobile and of each occupant thereof and the numbered space in the mobile home park occupied by the mobile home. The register shall be at all times open for inspection by a member of the Borough Police Department or by the Sanitary Inspector of the Board of Health.

License fees.

[Amended 2-8-1994 by Ord. No. 3-94]

Every person obtaining a license under this article shall pay a license fee in accordance with Chapter 119, Fees.

The elimination of the registration fee under this Subsection B shall not relieve the park owner of its obligation for any unpaid registration fees or other obligations at the time this subsection is enacted.

Those fees previously imposed under this Subsection B known as "registration" or "pad" fees shall now be known as "municipal service fees" as set forth in Subsection D of this section and shall serve the same purpose, reimbursing the Borough of Franklin for municipal services provided to mobile home park residents.

Purpose of license fee. The license fee is imposed to cover the costs of regulation.

[Amended 2-8-1994 by Ord. No 3-1994]

Municipal service fee.

[Amended 2-8-1994 by Ord. No. 3-1994]

Establishing the fee. A municipal service fee shall be assessed on an annual basis and is payable in advance in monthly installments. The fee shall be established by the Council with assistance from municipal officers, employees or consultants as the Council deems appropriate. The fee shall be revised periodically to reflect any increase in costs incurred by the Borough in providing municipal services. Any increase may reflect an increase in the municipal tax rate from the prior year. In the event that the municipal service fee is changed the park owner shall be provided at least 30 days' written notice of the approval of the new municipal service fee prior to the new fee becoming payable to the Borough.

[Amended 12-26-2000 by Ord. No. 15-2000; 3-28-2017 by Ord. No. 5-2017; 6-27-2017 by Ord. No. 8-2017]

The municipal service fee as established by this article and as provided for in the Code, § 119-4, shall be payable monthly in advance.

[Amended 12-26-2000 by Ord. No. 15-2000]

The park owner shall be responsible for collecting the municipal service fee for any month or part that the unit is occupied by the unit owner or any tenant. The park owner shall adjust existing rents in accordance with this section.

The municipal service fee is due on the first day of each month and shall be collected each month from the owner or tenant of each unit in the mobile home park by the owner of the mobile home park. The park owner is to issue a receipt upon collection of the fee. The park owner shall turn over the fees collected with a copy of the receipts for payment to the Borough Tax Collector by the fifth day of each month. The park owner shall also furnish a report stating how many units were occupied at the beginning of the month and provide the Borough with the names and addresses of those unit owners who have failed to turn over the fee for the month. In the event the fifth day falls on a weekend or holiday, the fee and report shall be turned over to the Borough Tax Collector by the next business day.

The park owner shall be responsible for paying the municipal service fee for the 191 sites to the extent it does not collect the municipal service fees from any individual tenant.

[Added 12-26-2000 by Ord. No. 15-2000]

Park owner not entitled to collection fee. The park owner shall not be entitled to charge Franklin Borough or the unit owners or tenants a fee for collecting and turning over the municipal service fee to the Borough.

Late payment of the municipal service fee. In the event a unit owner or tenant fails to pay the municipal service fee by the 10th day of each month or if the park owner fails to transmit the fees to the Borough Tax Collector by that date, there shall be imposed an interest charge in accordance with N.J.S.A. 54:4-1.6.b. The rate of interest shall be 8% per annum on the first $1,500 of delinquency and 18% per annum on any amount in excess of $1,500 owed the Borough.

Information for Borough Clerk.

Every person holding a license for the operation of a mobile home park shall file with the Borough Clerk not later than January 1 of each year a report setting forth the following:

The name, business and residence addresses and telephone numbers of the holder of the license or, if the holder thereof is a corporation, the name, business and residence addresses and telephone numbers of the officers of the corporation and of the principal agent in charge of the operation of the mobile home park.

The name, business and residence addresses and telephone numbers of the person in charge of the supervision and operation of the water system.

The name, business and residence addresses and telephone numbers of the person in charge of the supervision and operation of the sewage system.

(d)

The name, business and residence addresses and telephone numbers of the person in charge of the maintenance of the roads and streets in the mobile home park.

AVAILABLE FOR RENT TO TENANTS

In the event that there is any change in the identity of any of the persons aforementioned, notice of such change shall be filed with the Borough Clerk within 48 hours from the date of such change.

Notices to maintain facilities and roads. The holder of the license shall cause all facilities to be maintained in good operating order and shall cause all roads and streets within the mobile home park to be plowed and sanded when conditions so require. Failure to comply with such requirements within 24 hours after notice by the Borough to the holder of the license or to the person specified above with respect to any maintenance or repairs within the jurisdiction of such persons shall constitute a violation of this article.

Accessibility to mobile home parks. All roads and streets within a mobile home park shall be accessible to all residents of the mobile home park, their guests, invitees and licensees and municipal agencies of the Borough.

§ 176-14 Revocation of license.

In the event of a conviction of a violation of this article, the license of such licensee may be revoked and no new license for the operation and maintenance of the mobile home park shall be issued for two months.

Article II Mobile Home Park Rent Stabilization

[Adopted 12-8-1992 by Ord. No. 11-92]

§ 176-15 Findings and purposes.

The Mayor and Council of the Borough of Franklin (hereinafter the "Borough Council") have received numerous complaints from residents of mobile home parks within the Borough relative to unusually large increases in rental payments required by the owners of said parks. These increases, when considered in light of the continued existence of certain conditions suffered and permitted by the same owners to continue in the same parks, are excessive and unjustified.

The Borough of Franklin, under its authority to preserve the public health, safety and welfare of its residents pursuant to its delegated police powers, seeks to provide decent, available, affordable housing and at the same time ensure that landlords are guaranteed a fair return on their investment.

The serious conditions are causing acute hardship to some of the tenants of mobile home parks, some of whom are on fixed or low incomes, and, as a consequence thereof, have an adverse effect upon the health, safety and general welfare of such citizens of the Borough of Franklin.

By reason of the necessity for the Borough Council to license mobile home parks, mobile home park operators enjoy an unintended monopoly of available mobile home park rental spaces which could be abused by the charging of unregulated, excessive base rents and additional charges to mobile home park tenants.

The Borough Council finds the adoption of an ordinance having as its purpose the regulation, control and stabilization of rents in mobile home parks will prevent further abuse and at the same time ensure the benefits of balanced housing and regulation achieved by the licensing of mobile home parks and limitation of their number and location.

The Borough Council, under the statutory powers granted to it to protect and preserve the health, safety and welfare of the citizens of the Borough of Franklin and in furtherance of the statutorily granted authority to regulate mobile home parks, deems it necessary to enact this article.

The Borough of Franklin enacted an initial Rent Control Ordinance effective December 31, 1990, which the within article is intended to amend, supplant, clarify and be substituted for any and all inconsistent provisions of the December 27, 1990, ordinance.

Certain across-the-board rent increases have been initiated by the owners of mobile home parks in the Borough of Franklin, the extent of which increases is not justified and was in anticipation of rent control ordinances being established in the Borough of Franklin.

One of the purposes of the 1992 amendment is to use 1990 an a base year for purposes of determining automatic increases.

§ 176-16 Short title.

This article shall be known and cited as the "Mobile Home Park Rent Stabilization Ordinance of the Borough of Franklin."

§ 176-17 Definitions.

As used in this article, the following terms shall have the meanings indicated:

Fit for rental and habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Sussex and Borough of Franklin and occupied or unoccupied and offered for rent.

BASE RENT

The lawful rent in effect for the mobile home space on December 31, 1990, together with all subsequent base rental increases granted by the Rent Leveling Board pursuant to this article, less the cost of taxes, license fees, supplied utilities, recycling or municipal service fee, and sewer service charges/fees, and less any amounts granted by the Rent Leveling Board for major capital improvements or hardship increases as defined in this article. The landlord shall account for these expenses, and the above costs shall be divided proportionately among the tenants.

[Amended 6-27-2017 by Ord. No. 8-2017]

GROSS MAXIMIZED ANNUAL INCOME

The gross maximum, or the actual sum of rents earned, on an accrual basis, and includes all income resulting directly or indirectly from the operation of a property or building, including but not limited to all rent earned, on an accrual basis, all earnings from commissions, vending machines, deductions from security deposits, late fees, pet fees, parking fees and any and all other fees or income derived from operation of the rental premises.

LANDLORD

The mobile home park operator, owner or other person leasing a mobile home and/or a mobile home park space to a tenant.

LEASE

Includes any written or oral agreement pursuant to which any person is permitted to occupy a mobile home and/or a mobile home park space.

MAJOR CAPITAL IMPROVEMENT

The provision of a permanent, beneficial fixture, equipment, structure or service which is provided by way of a one-time capital expenditure by the landlord, that has an anticipated useful life of at least five years. Excluded from this definition are repairs, maintenance or replacement of existing fixtures, equipment, structures or services which constitute usual and/or normal maintenance. Also excluded is the replacement, repair and/or rehabilitation of an existing mobile home site or pad or the creation of new mobile home sites or pads. In determining whether a particular expenditure constitutes a major capital improvement under this definition, the Leveling Board shall consider the following:

[Amended 3-11-2008 by Ord. No. 2-2008]

The nature of the improvement;

The extent and cost of the improvement;

The useful life of the improvement.

Whether an additional service or benefit is provided to the residents of the mobile home park.

The degree of permanency of the improvement;

Whether the park owner depreciated the cost of the improvement over the useful life of the improvement on its tax return.

MOBILE HOME PARK

Any lot or parcel of land and premises where the owner, lessee or other person having control thereof shall offer sites for mobile homes on a rental or lease or other basis.

MOBILE HOME PARK SPACE

That portion of a mobile home park rented or offered for rent for the purpose of parking a trailer or positioning a mobile home for living and dwelling purposes to one or more tenants or family units together with all the privileges, services, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.

NET OPERATING INCOME

Gross maximized annual income less reasonable and necessary operating expenses on an accrual basis.

NEW SITE

That portion of mobile home park previously undeveloped and upon which no mobile homes have previously been located for living and dwelling purposes and which currently has been developed and is in such a condition that it may be offered for rent for the purpose of parking a trailer or positioning a mobile home for living and dwelling purposes in which all privileges, services, equipment, facilities and improvements connected with the use or occupancy of the park are available. A new site shall also include an existing site that has been totally refurbished or renovated, including but not limited to replacing the pad or foundation upon which the mobile home rests, replacing sewer and/or water lines and other utilities servicing the site and placing a new or different unit on the site.

[Added 2-11-1997 by Ord. No. 1-97; amended 5-9-2000 by Ord. No. 3-2000]

PERSON

Any natural person or any partnership, limited partnership, joint venture, association, corporation or other entity.

REASONABLE AND NECESSARY OPERATING EXPENSES

All valid expenses incurred by a mobile home park owner that were reasonably necessary for the operation of the park during the period reflected in income computed in accordance with the provisions and limitations of this article. In computing reasonable and necessary operating expenses, the following limitations shall apply in all cases:

Operating expenses shall not include fines, penalties, mortgage amortization (principal) payments, other finance charges or fees paid in compliance with this article, mortgage interest payments or depreciation.

Taxes shall be limited to amounts actually incurred, including those incurred in escrow pending appeal. Taxes shall not include the park owner's real estate taxes on his personal residence(s) or on units owned by a non-tenant on pads used by a non-tenant such as a manager or custodian.

Repairs and maintenance expenses shall not include expenditures for major capital improvements as defined in this article. Unusual or extraordinary expenses for repairs and maintenance may be prorated over the time period that the particular expense is not expected to re-occur, not to exceed five years.

New equipment cost not qualifying as a major improvement under this article may be prorated over the useful life of the item or listed as a current expense.

Professional fees, including legal and accounting expenses, shall be limited to actual costs incurred for the day-to-day operation of the park. Legal and accounting plus other professional expenses resulting from legal attacks on this article shall not be considered reasonable and necessary operating expenses as defined in this article.

Management expenses shall be limited to the value of reasonable and necessary services actually performed and incurred for, including the manager's salary, telephone expenses, postage, office supplies, stationery and the value of the resident manager's mobile home site if said value is included in gross maximized annual income. In the case of self-management by a park owner performing management duties from an on-site personal residence, management expenses shall be allocated between expenses incurred in the operation of the park and expenses incurred for the park owner's personal and household expenses.

Salaries not included in the management fees shall be limited to actual services performed and amounts for similar positions in the area, including rental value of the superintendent’s apartment if included in income, and expenses, wages and benefits paid.

[Added 3-11-2008 by Ord. No. 2-2008]

Advertising shall be limited to actual costs that are reasonable to ensure occupancy only. Where a waiting list exists, advertising expenses shall not be allowed.

[Added 3-11-2008 by Ord. No. 2-2008]

Utility expenses shall exclude all reimbursements.

[Added 3-11-2008 by Ord. No. 2-2008]

The history of the income and expenses shall be accurately reflected in the application. If any modifications are made, said modifications must be fully and clearly documented.

[Added 3-11-2008 by Ord. No. 2-2008]

All expenses and proof of payment of the same must be proved by the submission of the original bills or true copies, for goods or services provided, specifying the goods or services rendered, the amount charged for goods or services and the addresses or premises benefited as a result of the goods or services.

[Added 3-11-2008 by Ord. No. 2-2008]

REBATE

Any reimbursement received by or credited to a landlord for any tax or utility charge paid by or assessed against him in connection with the operation of a mobile home park or any reduction in the amount of any tax or utility charge or assessment a landlord is required to pay in connection with the operation of a mobile home park.

RENT

Includes any charge or charges made, fixed, demanded or charged for the use or occupancy of a mobile home park space, whether or not commonly known as "rent," be it for a landlord or tenant-owned mobile home.

REPAIR

To maintain property in the original order.

SERVICE

Mailing to the home address by certified mail, return receipt requested, or in-hand delivery certified to by affidavit, or an acknowledgment or service executed by the person served, which affidavit or acknowledgment of service must be retained in the records of the person causing service.

SUPPLIED UTILITIES

Includes but is not limited to trash removal, water service and sewer services supplied directly to the individual mobile home or park, for which services the landlord is responsible.

TENANT

Any mobile home owner who rents a mobile home park space. (This definition specifically excludes a park owner, park landlord and any and all mobile home park spaces under the direct control of the aforementioned parties that are not rented to individuals who own or lease their own mobile home separate and apart from the tenancy with the mobile home park which is the subject of this article.)

§ 176-18 Determination of rents.

Establishment of rents. Establishment of rents for mobile home rental spaces which are available for rent to tenants and to which this article is applicable shall hereafter be determined by the provisions of this article. It shall be presumed that base rents charged in the base period year yield a fair net operating income. The burden of proving that the base period rent yield is less than a fair net operating income shall be on the owner.

Rental increases. No owner of a mobile home park or trailer park may demand, request or receive a rental increase in excess of the rent in effect for such mobile home space on December 31, 1990, unless authorized pursuant to and in accordance with the provisions of this section. Any rental increase at any time in excess of that authorized by the provisions of this section shall be void. Furthermore, there shall be only one increase granted per landlord per mobile home park per calendar year for any one of the increases permitted by any section except automatic increases under Subsection C or emergency applications under § 176-35B.

Automatic annual increase; decreases.

Each year as of the 1st of January, an owner may receive from a tenant a percentage increase for the occupancy of a mobile home park space. The percentage increase is to be computed based upon the percentage increase in the New York-Northeastern New Jersey Consumer Price Index for Urban Wage Earners and Clerical Workers for the fiscal year ending August 31 of the year prior January 1 and to the effective date of the requested percentage increase. [For example, the CPI in August 1992 was 147.6. In August 1991 it was 142.6. The percentage increase was 3.5% (five divided by 142.6). The maximum automatic increase is (coincidentally) 3.5% for 1993.] In no event shall the annual percentage increase exceed a maximum of 3.5%. The allowable increase calculated hereunder shall be added to the tenant's existing base rent.

Frequency of automatic increase. No tenant shall be given more than one increase in rent in any twelve-month period pursuant to this article.

In the event of a decrease in the consumer price index, any tenant may receive from the owner on 1st of January a percentage decrease in the amount of base rent being charged for the occupancy of a mobile home rental space. Said CPI decrease is to be computed based upon the percentage decrease in the consumer price index for the fiscal year ending August 31 of the year prior to the effective date of the requested percentage decrease. Said percentage decrease in the consumer price index, which in no event shall exceed 3.5%, shall then be calculated with the tenant's existing base rent.

No automatic increase shall be charged to any tenant(s) during the time that a hardship increase pursuant to § 176-23A is in effect.

[Added 3-11-2008 by Ord. No. 2-2008]

Rental increases prohibited; exception. No owner shall, after the effective date of this article, charge any rents in excess of what he was receiving at the operative date of this article, except for increases as authorized by this article. This article also applies to newly constructed mobile home rental space, mobile home rental space being rented for the first time or rental space as a result of a tenant vacancy.

§ 176-19 Compliance of mobile home park.

Rent increases, as authorized by this article, may be allowed only if the mobile home park complies with all existing local ordinances/codes as follows: As part of his application for any increase, the landlord shall submit to the Board copies of all current permits, licenses or approvals which he is required to operate a mobile home park together with any notices of any violations issued by any governmental authority within the preceding 12 months, whether or not the violations have been cured or satisfied.

§ 176-20 Reduction for violations.

Where a mobile home park or any part thereof is being operated in violation of municipal ordinances/codes and where such violation adversely affects habitability, any affected tenant(s) may apply to the Board for a reasonable reduction in rent commensurate with any such effect on habitability, whereupon the Board shall duly notify the landlord and schedule the matter for hearing. If, as a result of such a hearing, the Board determines that a violation of a municipal ordinance/code exists and that such violation affects habitability, it may grant a reasonable reduction in rent to the affected tenant(s), which rent shall remain in effect until the landlord corrects said violation(s). If a condition exists which would adversely affect the habitability of the park and said condition is a result of the tenant's actions or omissions, the cost of restoration and repairs shall be borne directly by the tenant.

§ 176-21 Timing of increase; excess increase.

Any rental increase or additional charge or increase at a time other than at the expiration of a tenancy or termination of a periodic tenancy shall be void, except where approved by the Board in accordance with the provisions of this article. Any rental income or additional charge increase in excess of that authorized by the provisions of this article shall be void. "Periodic tenancy" for the purposes of this article shall mean a tenancy that continues from month to month or other recurring period until terminated by the landlord or tenant as provided by law.

§ 176-22 Adjustment of utility and municipal charges.

Upon application, the Rent Leveling Board may grant a rent increase or reduction for adjustments in the landlord's expenses for nonmunicipally supplied utilities, including but not limited to solid waste and recycling removal and/or other services provided to the mobile home park. The Rent Leveling Board shall take into consideration the amount requested and the nature and amount of recently granted increases.

[Amended 6-27-2017 by Ord. No. 8-2017]

Contents of application.

The application for such adjustment shall state:

The increase/decrease in expense.

The new charge sought from each tenant.

Whether any non-mobile home residential use is covered by an included expense.

The landlord or the tenant(s) shall supply the Rent Leveling Board with all documentation supporting an increase or decrease in nonmunicpally supplied utilities, including but not limited to solid waste and recycling removal and/or other services provided to the mobile home park and documentation itemizing the costs for nonmunicpally supplied utilities, including but not limited to solid waste and recycling removal and/or other services provided to the mobile home park for two consecutive twelve-month periods preceding the application. The supporting documentation shall be current to a period of a maximum of 90 days prior to the date of application.

[Amended 6-27-2017 by Ord. No. 8-2017]

No landlord shall include any expenses for nonmunicpally supplied utilities, including but not limited to solid waste and recycling removal and/or other services provided to the mobile home park as part of any application for a rent increase authorized by this section which is not a reasonable and necessary operating expense attributable solely to the operation of the mobile home park as a residential rental property.

[Amended 6-27-2017 by Ord. No. 8-2017]

An application for an adjustment to the utility and municipal charges may be filed at the same time as an application for an automatic annual increase/decrease pursuant to §176-18C in order that the proposed utility and municipal charge adjustment can be considered simultaneously with the automatic increase/decrease application.

[Added 1-26-2010 by Ord. No. 1-2010]

§ 176-23 Additional rent increases.

Hardship. It is expressly recognized that an efficient landlord is entitled to a just and reasonable rate of return from his property. To that end, a landlord is permitted to make application to the Board for rental increases on the basis that rents allowed by this article prevent the landlord from receiving a just and reasonable rate of return. Such rental increases shall be based on the formula set forth in this provision to the extent this formula permits a fair return. Upon application duly made pursuant to the requirements of this article, the Board may grant a park owner a rental increase upon his showing that his reasonable and necessary operating expenses for his last full fiscal year exceeded 60% of his gross maximized annual income (60/40 rule). If the Board is satisfied that such a showing has been established, then the Board may grant a rental increase sufficient to restore reasonable and necessary operating expenses to 60% of the gross maximized annual income.

Application requirements. In any application under this section, the owner shall, in addition to those requirements mandated by other sections of this article, specifically certify that:

He is an efficient operator of the mobile home park.

The mobile home park is in a safe, sanitary and habitable condition.

The owner is in full compliance with all state and local laws pertaining to tenants' rights.

The park owner shall make written application to the Board and shall further certify that the landlord is not earning a just and reasonable return pursuant to the formula set forth herein. The application shall be on the accrual basis and shall include the amount of increase and percentage of increase requested, together with detailed statements of income and expenses for the past two complete fiscal years, and must be filed within 90 days of the close of the last fiscal year included in the application. At the time of application, the landlord shall notify all tenants affected, in writing, that an application is being made. If at any time during the course of consideration of an increase pursuant to the provision of this section the Board shall determine that a landlord is not in substantial compliance with any or all of the above requirements, the Board may temporarily withhold further consideration of the application for an increase until such time as the landlord has corrected any such deficiency.

No owner shall be permitted to receive an increase under this section until such time as the owner has owned and operated the mobile home park for a period of 12 months.

Increases authorized under this section shall be based only on financial information of park operation for the fiscal year which ended immediately prior to the date of application under this section. Losses carried over from prior years or unrealized income for prior years shall not be included in computing income under this section, except for second year or subsequent year losses incurred as a result of rental agreements exceeding one year.

Except for second year or subsequent year losses incurred as a result of rental agreements exceeding one year, no rental increase may be obtained by an owner under any provision of this section to cover operating losses resulting from the failure of the owner to either apply for or obtain rental increases or surcharges under this section. The failure of the owner to either apply for or obtain such rental increases or surcharges within three months of the close of the fiscal year in which the operating losses are incurred or in which the reasonable rate of return is not realized or the owner's charging of such insufficient rents during the fiscal year shall be deemed a waiver of the owner's right to such additional rents or surcharges.

If the hardship increase is granted by the Rent Leveling Board, the landlord shall not receive the annual automatic CPI increase provided for in § 176-18 during the time that the hardship increase is in effect.

[Added 3-11-2008 by Ord. No. 2-2008]

A hardship increase shall be considered a surcharge and shall not be considered part of the rent or base rent for purposes of computing any other increase under the rent control ordinances. A hardship increase surcharge shall not be granted for a period greater than one year. No more than one hardship increase shall be granted during any calendar year.

[Added 3-11-2008 by Ord. No. 2-2008]

Major capital improvements. An owner may apply to the Board for additional rental charges for the payment of the reasonable cost of major capital improvements.

An owner seeking additional rent for a major capital improvement shall apply within one year of the completion of said capital improvement.

Exception. An owner seeking additional rent for a major capital improvement may apply to the Board for prior approval of said capital improvement and additional rent. If the Board determines that approval is to be granted, and subject to all requirements of this article, said owner may proceed with the major capital improvement. In no instance may an owner impose additional rent for the capital improvement until such time as the improvement has been completed and the Board has determined that all requirements of this article and the Board's terms and conditions have been complied with in full.

Any application shall set forth the total cost of the completed capital improvement, the number of useful years of life of the improvement using the straight-line method (whether or not the owner uses a straight-line or another method for tax return purposes), the average cost, including debt service, of the improvement (calculated by dividing the cost of the major improvement by the total number of completed mobile home spaces in the mobile home park) and the capital improvement increase he is seeking from each tenant.

Following a hearing, the Board may grant to the owner an additional rental charge under this section for a specific period of time after considering the proofs presented by the owner. If the increase is granted, it shall be considered a surcharge and shall not be considered part of the rent or the base rent for the purposes of computing any other increase under the rent control ordinances, including the annual automatic increase provided for in § 176-18. Any increase granted by authority of this section shall be paid over the period of the actual useful life of the completed capital improvement. In any event, no increases (either individually or in the aggregate) granted by this section shall exceed 10% of the tenant's rental income.

[Amended 3-11-2008 by Ord. No. 2-2008]

Any proposed major capital improvement not required by any law, ordinance or regulation may be granted only if and to the extent it benefits the living conditions of the tenants.

The cost of expanding or enlarging the mobile home park or a section thereof shall not be borne by the tenants or utilized in computing additional rental charges under this section.

A majority of the tenants have the right to reject any proposed increase in rents based upon a capital improvement over $50,000 unless the improvement is mandated by law. Notwithstanding the foregoing, no rental increase under this section shall exceed the ten-percent maximum under Subsection B(3) above.

§ 176-24 Records.

Each landlord shall maintain books and records relating to the operation of the mobile home park which shall contain a list of names of the tenants, the rent that each tenant pays, the terms of his lease, the expenses in connection with the operation of the park and the cost of all capital improvements. All of these records shall be made available to the Board in making a determination or ruling under this article with the exception of applications for annual increases under § 176-18C. The landlord shall, in addition thereto, furnish to the Board any other reasonable and pertinent data the Board may deem necessary to arrive at a fair and reasonable decision under this article. The Board shall make all such records available for inspection by the tenant or tenants affected by a decision of the Board at the Borough Hall at least 10 days prior to the hearing.

§ 176-25 Financial information and statements.

In any matter considered by the Board other than for applications for automatic increases under § 176-18C, the owner of a mobile home park shall be required to submit audited financial statements that comply with generally accepted accounting principles.

§ 176-26 Rent Leveling Board.

There is hereby created a Rent Leveling Board within the Borough of Franklin. The Board shall consist of five regular members. All members shall be residents of Franklin Borough and shall be appointed by the Mayor with the approval of the Borough Council. All members, two of whom may be Council members other than the Mayor, shall serve, commencing with their initial appointments, terms of one year, two years, three years, four years and five years, respectively, and thereafter terms of five years or until expiration of this article, whichever event shall first occur. Each of said terms shall be deemed to commence on the first day of January of the year of their respective appointments. There shall be two alternates appointed by the Mayor with the approval of the Borough Council to serve in the absence or disqualification of a corresponding regular member of the Board. The alternates shall be appointed annually by the Mayor with the approval of the Borough Council. Three members present shall constitute a quorum.

No owner, operator or manager of a mobile home park and no tenant of any mobile home park shall be appointed as a member or alternate member of the Board. Vacancies shall be filled for the balance of the terms. The members of the Board shall serve without compensation but shall be reimbursed for reasonable and necessary expenses. The Board shall have available to it such clerical, legal, auditing and accounting services as are budgeted annually by the Borough Council. No member shall vote upon or enter into discussions as to any matter in which he has a direct or indirect interest, financial or otherwise.

Powers and duties. The Rent Leveling Board is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this article, including but not limited to the following:

To adopt such rules and regulations including bylaws as it deems necessary for its own government not inconsistent with this article or with law.

To issue and promulgate such rules, regulations and application forms as it deems necessary to implement the purposes of this article, such rules and regulations being subject to the approval of the Borough Council.

To supply information and assistance to landlords and tenants to assist them in complying with the provisions of this article.

To hold hearings and adjudicate applications from landlords for additional rental income or charges as hereinafter provided.

To hold hearings and adjudicate applications from tenants for reduced rental income or charges as herein provided.

To administer oaths, examine witnesses and by subpoena compel the attendance and the testimony of witnesses and the production of books, papers, documents or tangible things pursuant to the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.).

To make recommendations to the governing body for amendments and revisions.

(8)

To grant waivers provided, in the opinion of the municipally retained auditor, the information may not be required for a particular application.

(9)

The Board shall give both the landlord and tenant reasonable opportunity to be heard before making any determination and shall base its determination on the reasonable, credible evidence before it, although the strict rules of evidence shall not apply. The Board shall render a written decision within 30 days after the close of hearings unless extended with the applicant's consent. The Board shall maintain minutes of its hearings and/or meetings. The Board shall be required to specify those facts and reasons upon which it bases any decision.

§ 176-27 Appeals.

Either a landlord or tenant may appeal, in writing, the decision or findings of the Board to a court of competent jurisdiction within the time provided by court rule for the taking of such appeals.

Any tenant may appeal to the Board any calculation made by the landlord, or failure to make a calculation, pursuant to the provisions of this article.

§ 176-28 Standards of service, maintenance and equipment.

During the term of this article, the landlord shall maintain the same standards of service, maintenance and equipment in the mobile home park or mobile home spaces as he provided or was required to do by law or lease, written or oral, as of the date the tenancy was entered into.

Where the landlord fails to maintain such standards, any tenant may appeal to the Board for a reasonable reduction in rent commensurate with such failure by the landlord, whereupon the Board shall duly notify the landlord and schedule the matter for a hearing. If as a result of such a hearing a reasonable reduction in rent is granted, it shall remain in effect until the landlord proves the standards are being maintained.

§ 176-29 Arrangements between landlord and tenant.

No arrangement between a landlord and an individual tenant purporting to waive any provision of this article shall be of any force and effect and all such arrangements are hereby declared to be against public policy and are void.

Exception. Where the owner of a mobile home park and the tenants thereof agree to a negotiated settlement of rents by a simple majority of those tenants who actually vote on such negotiated settlement, on the basis of one vote per occupied mobile home, all tenants having been given an opportunity to vote thereon, such negotiated settlement shall have the effect of authorizing the owner to increase rentals for all mobile home park rental spaces, provided that at least a majority of all occupied mobile homes vote in favor of such negotiated settlement. Such negotiated settlements shall take effect in accordance with the terms and conditions thereof, and a copy of any such negotiated settlement shall be filed with and approved by the Rent Leveling Board of the Borough.

§ 176-30 Current license required.

No rental increase or rent charge for capital improvements shall be applied for, considered or approved by the Rent Leveling Board or received by the owner or operator of a mobile home park unless and and until the annual mobile home park license has been issued for the year in question.

§ 176-31 Violations and penalties.

A willful violation of any provisions of this article or of a final decision or order of the Board, 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 $1,000 or imprisonment for not more than 90 days, or both in the discretion of the court, for each day the violation continues.

§ 176-32 Implementation procedure.

Any increases in rental income imposed on or after December 31, 1990, are hereby declared to be null and void as of the effective date of this article, until such time as a review has been made as to the maximum permissible increases permitted under the terms of this article and a final determination has been rendered by the Board. In the event it is determined by any lawful authority that any previous rent increase is valid notwithstanding the within rent control or prior ordinances, then this article shall be applicable to any rent uncollected as of the effective date of this act.

Landlords of mobile home parks affected by this article shall be responsible to notify their tenants of the existence and provisions of this article, and an explanatory reference shall be included by the landlord in all leases. The landlord shall provide proof of compliance with the provision as part of any rent increase.

§ 176-33 Recalculation of charges.

Whenever an owner seeks an increase in either the monthly rental or other payments from the tenants under any of the provisions of this article and there has been an increase in the total number of tenants, the owner shall be obligated to recalculate each tenant's pro rata share of license fees, mandated expense surcharge or other fixed expense which is passed through to the tenants. No rental increase under any of the aforementioned sections shall be effective unless such recalculation has been made by the owner and the monthly rental has been adjusted accordingly.

§ 176-34 Application and notice.

Application procedure. An owner or tenant seeking a rent increase shall file eight copies of a written application with the Board Secretary at least 90 days before the proposed increase (45 days for automatic increase), who shall designate a date for initial hearing thereon which shall be not less than 30 days and no more than 60 days following the filing of the application.

[Amended 12-12-2000 by Ord. No. 14-2000]

The application fees for the following items are as set forth in Chapter 119, Fees:

Annual rent increase.

Utility and municipal charge increase.

Hardship.

(d)

Major capital improvements.

Any combination of rent increases shall require an application fee for each individual increase. A check shall be made payable to the Borough of Franklin to defray a portion of the costs of administration of the application. Any tenant or group of tenants may make an application to the Board for a rent reduction with a check made payable to the Borough of Franklin in the amount as set forth in Chapter 119, Fees, for the first tenant and for each additional tenant, up to a maximum filing fee. The professional escrow fee shall be equal to the filing fee. For each meeting after an initial meeting, the landlord shall pay an additional fee, as set forth in Chapter 119, Fees, per meeting. Pre-hearing informal meetings to review and stipulate items where possible are required for hardship and major capital improvements.

Emergency applications. An owner may make emergency applications for capital improvement at any time. An owner shall not be required to obtain Board approval prior to performing an emergency major capital improvement. The owner shall be required to obtain the approval after the capital improvement work has been completed in accordance with § 176-23B. For purposes of this article, "emergency capital improvement" shall mean a capital improvement made to correct a condition causing immediate and/or imminent danger to the health or safety of occupants of the mobile home park.

Application form. Every rent increase application shall contain the following:

The owner's name and address;

The location or description of the leased premises;

The name and address of each tenant affected;

A specimen copy of the leases for affected tenants;

Actual rent charged and received during the period from December 31, 1990, to the date of filing of the application;

Reason for which the increase is requested, the amount of the increase request and all calculations necessary to justify the increase;

The actual rent charged and received during the previous 12 months to the date of filing the application;

(8)

Such other information is is required by the Rent Leveling Board.

Hearing.

Every rent increase application, except applications for automatic annual increases/decreases under §176-18C and applications for adjustments to utility and municipal charges under §176-22, shall require a hearing. However, an automatic annual increase/decrease and/or an adjustment to utility and municipal charges shall require an application pursuant to this article. A hearing may be required in the event that the Rent Leveling Board or its professionals detect an error or omission in the application and/or any materials submitted with the application that is not corrected by the applicant to the Board’s satisfaction within 14 days of the applicant being notified of the error or omission. Prior to the hearing, the applicant shall serve upon each tenant and shall post in a conspicuous place in or about the mobile home park a notice of the application setting forth the basis for the application and the date, time and location of the hearing. The notice must be served and posted at least 15 days before the proposed hearing date. A true copy of the notice of hearing shall be served either personally or by certified mail, return receipt requested, on each tenant affected by the increase. The applicant shall file a proof of service in affidavit form, including return receipts as applicable.

[Amended 2-11-1997 by Ord. No. 1-97; 1-26-2010 by Ord. No. 1-2010]

No owner shall file an application for rent increase for any leased premises within one year of any previous application for a similar rent increase for the same premises.

Copies of the application shall be available for inspection during normal business hours at the landlord's business office and at the Municipal Building.

Copies of all supplemental documentation in support of an already filed complete application must be filed no later than 10 days before the date of the hearing or the hearing date will be adjourned at the discretion of the Board.

Any increase granted shall be effective on a date to be set in the discretion of the Board subject to the laws of the State of New Jersey regarding rent increases.

The Board must decide any application within 90 days from the submission of a complete application by the applicant, provided that all necessary required documentation for the application has been submitted. Applications under annual increases shall be heard on an expedited basis.