[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield 7-18-1983 by Ord. No. 1238.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority of Bergen County — See Ch. 47.
Multiple dwellings — See Ch. 271.
Rental units — See Ch. 319.
[1]
Editor's Note: This ordinance also superseded former Ch. 85,
Rent Control, adopted 12-30-1977 by Ord. No. 1085, as amended.
[Amended 7-27-1992 by Ord. No. 1478]
As used in this chapter, the following terms
shall have the meanings indicated:
The date that falls 12 calendar months from the date of a
tenant’s initial tenancy, and thereafter on the same date in
successive twelve-month periods.
[Added 10-15-2013 by Ord.
No. 2240]
The legal allowable rent that a landlord may charge a tenant,
upon which allowable increases may be computed. The base rent shall
not include any surcharges permitted under this chapter.
[Amended 6-13-2005 by Ord. No. 1933]
Any building, structure, trailer or land used as a trailer
park rented or offered for rent for residential purposes, excluding
owner-occupied one- and two-family dwellings.
[Amended 8-17-2020 by Ord. No. 2389]
The fair market value less outstanding debt service.
A person who owns and occupies a residential dwelling in
the Borough of Ridgefield as a primary residence.
Includes that portion of a dwelling rented or offered for
rent for living or 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. Whenever, in conjunction with the rental
of housing space, a landlord also rents to a tenant a garage space
or spaces, and a parking space or spaces, then said garage space or
parking space shall form a part of housing space and be subject to
rent regulation in conformity with the provisions of this chapter.
[Amended 10-4-2002 by Ord. No. 1793]
The person who owns, purports to own or exercises control
of any dwelling, his agents, servants and employees.
Written notice to a tenant or landlord which is mailed to
the tenant's residence or the landlord's address as set forth in the
registration form by certified mail, return receipt requested, or
registered mail. In the event that no signed receipt is obtained,
then certification by affidavit shall be made that notice to the tenant
or landlord was mailed. The affidavit and the receipt for certified
or registered mail shall be retained in the records of the tenant
and the records of the landlord or his representative.
Any month-to-month tenant or any tenant at will or sufferance
or any tenant having a lease for a term of less than one year.
[1]The consideration, including any bonus, benefits or gratuity,
demanded or received for or in connection with the use or occupancy
of housing space or the transfer of a lease of housing space, including
but not limited to moneys demanded or paid for tax surcharge, parking,
pets, the use of furniture, air conditioners, swimming pools or other
recreational facilities, improvements or amenities connected with
the use of the housing space, whether mandatory or voluntary.
The provisions of this chapter shall exclude bathrooms, closets
and other supplementary enclosures.
The provision of light, heat, hot water, maintenance, painting,
elevator service, air conditioning, storm windows, screens, superintendent
service and any other benefit, privilege or facility connected with
the use or occupancy of any dwelling or housing space.
Lessee(s) or any other person(s) entitled under the terms
of a lawful lease agreement to the use or occupancy of any housing
space, including a month-to-month tenant.
[Amended 10-15-2013 by Ord. No. 2240]
The total income from all sources received by the tenant
and all members of the household who reside in the tenant's dwelling
unit at the time the tenant applies for qualified senior citizen tenant
status, during the last full calendar year, whether or not such income
is subject to taxation by any taxing authority.
[Added 3-22-2004 by Ord. No. 1863]
[1]
Editor's Note: The former definition of "price index," which
immediately followed, was repealed 10-23-2023 by Ord. No. 2470.
The former definition of "protected tenant," which followed the definition
of "price index," was repealed 10-15-2013 by Ord. No. 2240. The former
definition of "qualified senior citizen tenant," as amended, which
followed the definition of "protected tenant," was repealed 8-11-2008
by Ord. No. 2058.
[Added 3-12-1984 by Ord. No. 1255]
This chapter shall apply to all dwelling units as defined in § 322-1, except that the following shall be exempt:
A.
Motels and hotels.
B.
All apartments occupied by tenants whose rents are
subsidized in whole or in part by federal funds, including Social
Security ISSD, shall be exempt from the provisions of this chapter
and any amendments hereto, while such tenants are so subsidized, provided
that all of the following conditions are met:
(1)
Landlords shall not subject tenant to economic coercion
or harass tenant in any other manner whatsoever.
(2)
Landlords shall provide the same standards of maintenance,
service and amenities for apartments of subsidized tenants as for
all other apartments in the complex as required by federal, state
or municipal law, code or ruling.
(3)
The apartments in question comply with the guidelines
of the Bergen County Housing Authority or any other related federal
or state guidelines.
(4)
Immediately upon passage and publication of this amendment,
and upon subsequent commencement of subsidy for any tenant, the landlord
shall submit to the Rent Leveling Commission a certified rent roll
of such subsidized apartments indicating thereon all of the following
for each such subsidized apartment:
(a)
Apartment number.
(b)
Commencement date of subsidized occupancy.
(c)
Termination date of subsidy contract.
(d)
Previous rent of apartment and whether previous
rent was subsidized or not.
(e)
Landlord's certified statement confirming the
following:
[1]
Apartment conformed to all local building codes
and rulings and was habitable when first occupied by subsidized tenant.
[2]
Apartments occupied by subsidized tenant will
receive the same standards of maintenance, service and amenities during
occupancy by subsidized tenant as those apartments which are not subsidized.
(5)
Upon the termination of any subsidy for any tenant,
the rent for that apartment shall revert to that level at which it
would have been at the time of such subsidy termination had the apartment
been continuously occupied by a nonsubsidized tenant, and that apartment
shall immediately become subject to all other provisions of this chapter.
[Added 4-8-1996 by Ord. No. 1553]
C.
The purpose of this section is to require that there shall be no rent increases, including any surcharges otherwise permitted by this chapter, for those apartments occupied by tenants described in Subsection B above. This section shall not be interpreted so as to remove those apartments from this chapter in order to allow unlimited increases.
[Added 7-27-1987 by Ord. No. 1332; amended 6-13-2005 by Ord. No. 1933]
[Amended 8-15-1983 by Ord. No. 1243; 3-12-1984 by Ord. No. 1255; 2-11-1985 by Ord. No. 1275; 7-27-1987 by Ord. No. 1332; 7-27-1992 by Ord. No. 1478; 3-28-1994 by Ord. No. 1508; 9-26-1994 by Ord. No. 1515; 1-26-2004 by Ord. No. 1853; 1-29-2015 by Ord. No. 2267]
A.
There is hereby created a Rent Leveling Board which shall consist
of five members as follows:
(1)
One person, a resident of the Borough of Ridgefield, who is neither
a residential tenant nor a landlord.
(2)
Two landlords owning property affected by this chapter within the
Borough of Ridgefield, or their representatives.
(3)
Two tenants who are residents within the Borough of Ridgefield.
(4)
The Chairman and Vice Chairman of the Rent Leveling Board shall be
elected by and from the regular voting members thereof.
B.
Appointments to the Rent Leveling Board will be made by the Mayor,
with the advice and consent of the Borough Council. In the event that
the Mayor and Council is unable to secure the services of sufficient
persons to bring the Rent Leveling Board to full membership from these
categories, the Mayor, with the advice and consent of the Council,
shall appoint sufficient people as may be necessary to bring the Rent
Leveling Board to full membership, which appointment shall be made
with regard for categories with membership representation.
C.
Members of the Rent Leveling Board shall serve for a term of one
year or until their replacements qualify.
D.
Alternate members.
E.
A quorum of the Rent Leveling Board shall be three members, at least
one of which must be a tenant and one of which must be a landlord.
In the event that a meeting cannot be held for lack of a quorum then,
at the next scheduled meeting, a quorum shall consist of any three
members, regardless of classification, but a preference shall be given
to achieve representation by all of the above categories. If more
than one tenant or landlord is present under these circumstances,
then the first named in the appointing resolution to the Board shall
be considered the voting member of that classification present for
quorum and voting purposes. In the event that a meeting cannot be
held for lack of a quorum where the requirement is four members or
alternates, then, at the third scheduled meeting, a quorum shall consist
of four members, regardless of classification, but a preference shall
be given to achieve representation by all of the above categories.
F.
The Rent Leveling Board shall have the authority to designate one
of the alternate members as a regular member to replace a regular
member whose attendance at meetings has been sporadic. The thus-substituted
former regular member shall become the alternate member.
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 chapter, including but not limited to the power
to:
A.
Supply information and assistance to tenants and landlords
to help them comply with the provisions of this chapter, including
all necessary statistical information of the consumer price index
in computation of proper rental increases.
B.
Hold hearings and adjudicate applications from landlords
for rental increases and increases based on tax surcharge, capital
improvement and/or hardship.
C.
Ensure and promulgate such rules and regulations as
it deems necessary to implement the purposes of this chapter, including
but not limited to the use of subpoenas, which rules and regulations
shall have the force of law until repealed or amended from time to
time by the Board in the exercise of its discretion, provided that
such rules are approved by the Mayor and Council and are filed with
the Borough Clerk.
D.
Hold hearings and adjudicate applications from tenants
for adjustment or reduced rental as hereinafter provided.
E.
Review questioned exercises of vacancy equalization
by landlords and to make recommendations for the Mayor and Council
concerning any abuses regarding same.
[Amended 8-15-1983 by Ord. No. 1243]
F.
Hold hearings at convenient times, dates and places
after proper notice of the hearing and purposes thereof are given
to all affected parties.
G.
Require a landlord to produce for examination books,
records, tax returns, balance sheets, profit and loss statements,
and such other records as the Board may require in connection with
any application hearing, proceeding or purpose.[1]
[1]
Editor's Note: Former Subsection H, regarding hearings and
applications for qualified senior citizen status, added 3-22-2004
by Ord. No. 1863 and which immediately followed this subsection, was
repealed 10-15-2013 by Ord. No. 2240.
A.
All owners of property within the Town of Ridgefield
whose rents are subject to this chapter shall register the property
with the Borough Clerk. The registration form shall include the following:
(1)
The address of each dwelling unit.
(2)
The name, usual address and telephone number of the
owner of the property.
(3)
The name, usual address and telephone number of the
owner or person who is authorized to act for and on behalf of the
owner for the purpose of receiving service of process and for the
purpose of receiving and receipting all notices and demands.
(4)
The rent of each unit on January 1 of the current
year dictating what utilities, services, etc., were included therein.
[Amended 7-27-1992 by Ord. No. 1478]
(5)
The rent as of the date of registration indicating
what utilities, services, etc., were included therein.
(6)
The housing services provided for each unit or the
occupants or tenants thereof, indicating which of these services are
included in the rental figure.
B.
The registration forms shall be provided by the Borough
Clerk. A copy of this regulation shall be kept at the office of the
Borough Clerk and shall be open for public inspection and copying.
[Amended 7-27-1992 by Ord. No. 1478]
C.
If there is a change in any of the foregoing registration
information, the owner of the property shall execute a new registration
form to be filed with the Borough Clerk, and the Borough Clerk shall
amend the existing registration form.
D.
The Rent Leveling Board may deny a rent increase if
the landlord fails to register all dwellings as provided by the terms
of this section.
A.
Establishments of rent between a landlord and a tenant
to whom this chapter is applicable shall be determined by the provisions
of this chapter.
B.
No landlord may request or receive an increase of rent in excess of the increases permitted by this chapter. Landlords may receive only one increase in any twelve-month period prior to the later of the tenant’s anniversary date, the date of the last rental increase to the tenant or such later date as the landlord may choose. Garage spaces or parking spaces that meet the definition of “a housing space” as defined herein should be subject to rent increases not to exceed 3.5% except as provided in Subsection J hereof.
[Amended 7-27-1992 by Ord. No. 1478; 10-4-2002 by Ord. No.
1793; 3-22-2004 by Ord. No. 1863; 6-13-2005 by Ord. No. 1933; 10-15-2013 by Ord. No. 2240]
C.
If an occupancy has been less than one year, no increase
will be granted until the anniversary date of the lease.
D.
[1]A landlord who has not increased any rent at the time of such expiration of lease or termination of the term of a periodic tenant shall be entitled, at the time of a subsequent expiration or termination as is stated aforesaid, to a maximum allowable increase in accordance with the provisions of § 322-6B.
[Amended 7-27-1992 by Ord. No. 1478; 6-13-2005 by Ord. No.
1933]
[1]
Editor's Note: Former Subsection D, pertaining to the voiding of rental increases at times other than at the lease expiration anniversary date or in excess of those authorized, was repealed 10-15-2013 by Ord. No. 2240. Said ordinance also redesignated former Subsections E through K as Subsections D through J, respectively.
E.
Where a landlord, because of unusual circumstances,
is agreeable to forgo the maximum allowable rent, he shall apply to
the Rent Leveling Board setting forth the reasons therefor in order
to protect the base rent so that the higher rent is not waived as
the base for a future tenant.
F.
Where a tenant requests a personalized service for
furnishings, furniture, equipment, facilities, alteration or improvement
to his housing space which is unique and the tenant has negotiated
a mutually satisfactory agreement with the landlord as to a price
and terms of payment therefor, such agreement shall not be deemed
as part of the rent and shall require prior approval of the Rent Leveling
Board.
G.
Any landlord seeking an increase in rent shall notify
the tenant and the Rent Leveling Board of the calculations involved
in computing the increase. Said rental increase notice shall be sent
to the tenant and to the Rent Leveling Board in writing by regular
mail or may be left at the premises of the tenant within a minimum
of 30 days prior to the effective date of the increase. In the event
of rental increase notice being left by the landlord or landlord's
agent, a list verifying the same shall be maintained, said list to
include the tenant's name and date of delivery, and shall be acceptable
to the Rent Leveling Board as proof of delivery.
[Amended 7-27-1992 by Ord. No. 1478]
H.
A tenant may appeal to the Rent Leveling Board any increase in rental contrary to the provisions of this chapter within six months after imposition of the rental or after receipt of the information contained in Subsection H of this section, whichever is later.
J.
Calculation of the rental increases permitted to the landlord pursuant to § 322-6B, above, shall be as follows:
[Added 6-13-2005 by Ord. No. 1933; amended 7-25-2005 by Ord. No.
1940; 10-15-2013 by Ord. No. 2240]
(1)
In
those rental units in which the tenant supplies and pays for the tenant's
heat, the permitted increase shall be 2 ½%.
[Amended 8-8-2022 by Ord. No. 2439]
(2)
In
those rental units in which the landlord supplies and pays for the
tenant's heat, the permitted increase shall be 3%.[3]
[Amended 8-8-2022 by Ord. No. 2439]
[3]
Editor's Note: Former Subsection J(3), CPI increases, which
immediately followed, was repealed 10-23-2023 by Ord. No. 2470.
Former Subsection K, regarding rental increases due to COVID-19 pandemic,
which followed, was repealed 11-28-2022 by Ord. No. 2450.
A.
A landlord may seek a tax surcharge from the tenant
on account of an increase in the real property assessed against the
rental property of the landlord. The tax surcharge may not exceed
the amount authorized under this subsection. The tax surcharge shall
be computed by dividing the increase in current real property taxes
(as compared to the prior year) by the total number of rooms in the
dwelling to determine the tax increase per room. The landlord may
pass to the tenant a tax surcharge equal to 50% of the increase attributable
to the rooms rented to each tenant.
[Amended 6-13-2005 by Ord. No. 1933]
B.
Any landlord seeking a tax surcharge shall notify
the tenant 30 days prior to the proposed effective date of the surcharge
by certified mail of the calculations involved in computing the tax
surcharge, including the present property tax of the dwelling, the
number of rooms in the dwelling, the tax increase per room, the number
of rooms occupied by the tenant and the maximum allowable surcharge.
Failure of the landlord to provide the tenant with this information
shall make any tax surcharge void, and the tenant shall recover for
any tax surcharge paid. The tax surcharge each tenant is liable for
shall be paid in 12 monthly payments.
C.
In the event of a tax appeal, the portion of the tenant's
tax surcharge not being paid by the landlord to the government will
be held in a separate interest-bearing account. Said interest-bearing
account number and its depository shall be registered with the Borough
Clerk and posted conspicuously in the building.
D.
In the event that the landlord shall successfully pursue a tax appeal which results in a decrease in the assessed evaluation, the landlord shall reduce the calculations set forth in Subsection B and notify the tenant of his share of the balance of the tax increase. The landlord shall then refund to the tenant that portion of the moneys already paid by the tenant and held in escrow pursuant to Subsection C, together with 50% of the accrued interest. The landlord shall be entitled to additionally deduct a proportionate share of the expenses included in making said tax appeal. Payment to the tenant may be in the form of a credit against the monthly rent or a check made payable to the tenant.
E.
A tenant shall be entitled to a tax rebate in the
event of a reduction in municipal property taxes. The landlord shall
compute the rebate to which the tenant is entitled by the same formula
used in this section for computing a tax surcharge. Payment to the
tenant shall be made in the form of a credit against monthly rent
or a check made payable to the tenant.
F.
The tax surcharge shall not be considered base rent
for purposes of computing allowable rent increases under this chapter.
[Amended 7-27-1992 by Ord. No. 1478]
A.
The Rent Leveling Board shall hold a hearing on any
application filed within 60 days of the filing of the completed application
and the filing of all required fees.
[Amended 7-27-1992 by Ord. No. 1478]
B.
The Rent Leveling Board shall decide each matter before
it within 45 days after the termination of hearings.
C.
The decisions of the Rent Leveling Board shall be
in writing and shall include findings of fact, conclusions and determinations.
D.
The Rent Leveling Board shall ensure that a sound
recording is made of all proceedings before it. In the event that
any party shall supply a stenographic reporter to transcribe the proceedings,
that party shall supply the Rent Leveling Board with a copy of the
transcript at no cost to the Rent Leveling Board.
E.
The decision of the Rent Leveling Board shall be sent
to the applicant, and a copy shall be placed conspicuously in the
dwelling.
F.
Any party, either landlord or tenant, requesting a
hearing before the Board must notify all affected parties by certified
mail, return receipt requested, or by registered mail.
[Amended 7-27-1992 by Ord. No. 1478]
A.
The landlord may apply to the Rent Leveling Board
for a surcharge for capital improvements to the dwelling.
B.
A "capital improvement" is defined as a service or
improvement to property which provides an additional benefit to tenants
not previously accorded them, and which changes their housing accommodations
in a major way. A capital improvement is not a service or improvement
that is required by law or by lease and is not a repair, or a replacement
of substantially equal value.
[Amended 5-29-2001 by Ord. No. 1746; 2-28-2005 by Ord. No. 1915; 6-13-2005 by Ord. No. 1933; 2-26-2024 by Ord. No. 2479]
C.
A landlord seeking a capital improvement surcharge
shall petition the Rent Leveling Board for permission to collect same.
Such petition must be in the form of an application and filed no later
than 12 months following the completion of the work for which the
landlord seeks a capital improvement surcharge. Thereafter, the Rent
Control Office shall review the application for completeness, and
if the Office determines the application complete, the Rent Control
Office shall stamp the application as "complete" and shall designate
a hearing date for the Board's consideration of the application.
Once a hearing date is designated, the Rent Control Office will provide
the landlord with a copy of the stamped completed application and
a notice of completed application and hearing date. The landlord shall
then notify all tenants of the application and the scheduled hearing
date by providing the tenants with the notice of completed application
and hearing date and a copy of the stamped completed application by
certified and regular mail at least 30 days prior to the scheduled
hearing date. In the event that a scheduled hearing date is postponed,
the landlord must provide notice of the rescheduled hearing date at
least 30 days prior to the rescheduled date, however, said notice
may be provided by regular mail only. After the landlord has finished
providing notice to the tenants, the landlord shall submit a notice
log to the Rent Control Office confirming said notice has been provided
to the tenants no later than five days before the scheduled hearing
date.
[Amended 7-27-1992 by Ord. No. 1478; 5-29-2001 by Ord. No.
1746; 2-26-2024 by Ord. No. 2479]
D.
In calculating the capital improvement surcharge,
the cost of the capital improvement shall be divided by the number
of years of the Actual Life of said improvement to determine the average
annual cost of said improvement. The Actual Life of the capital improvement
shall be determined without regard to income tax codes or artificial
schedules of depreciation or useful life for tax purposes. The burden
shall be on the landlord to provide the Rent Leveling Board with reliable
evidence concerning the Actual Life of the capital improvement, which
evidence may be rebutted by the tenants. The total rooms in the dwelling
shall be divided into the average annual cost of the improvement and
multiplied by the number of rooms occupied by and charged to the tenant
in order to determine the capital improvement surcharge. The capital
improvement surcharge shall not exceed 10% of the tenant's base rent.
[Amended 6-13-2005 by Ord. No. 1933; 8-11-2008 by Ord. No.
2058]
E.
In determining the cost of a capital improvement,
the landlord shall not include the attorneys' fees or other items
not directly related to the actual cost of the installation, acquisition
or construction of the improvement, but may include applicable finance
charges, if any, for the Actual Life of the improvement.
[Amended 7-27-1992 by Ord. No. 1478; 8-11-2008 by Ord. No.
2058]
F.
Any allowed capital improvement surcharge shall not
be considered base rent and shall expire upon the end of the Actual
Life of the capital improvement.
[Amended 7-27-1992 by Ord. No. 1478; 8-11-2008 by Ord. No.
2058]
H.
A landlord may seek a surcharge from a tenant or tenants
for capital improvements made in or attributable to the dwelling housing
space. Any landlord seeking such a surcharge shall first notify each
tenant by regular mail and by posting a copy of the notification conspicuously
in a common area at least five days prior to the application, which
notification shall include a description of the proposed capital improvement,
total cost of the proposed capital improvement and the amount of the
monthly increase with its supporting computations. Provided that the
tenant has received notice of a proposed capital improvement in conformance
with the requirements of this section, he shall have 30 days following
receipt of such notice in which to file any objection thereto with
the Rent Leveling Board, and if no such objection is filed within
said thirty-day period, a tenant shall be deemed to have waived his
right to object thereto. The landlord shall estimate the time of completion
of the capital improvement and present proof of costs upon completion.
The Rent Leveling Board must review and certify all capital improvement
increases.
[2]
Editor’s Note: This ordinance also repealed
former Subsection H, regarding determining depreciation periods for
replacement of capital improvement items, as amended 7-27-1992 by
Ord. No. 1478.
I.
The capital improvement surcharge shall not be considered
base rent for the purposes of computing allowable rent increases.
[Amended 7-27-1992 by Ord. No. 1478]
J.
Nothing herein shall be construed as authorizing any
improvement to be made without express approval and authority of the
landlord.
K.
A landlord may seek a surcharge after completion of
a capital improvement. Notice shall be provided by the landlord, and
the tenant shall have opportunity to object, all as set forth above.
No greater or lesser consideration shall be given to the applicant
by the Board because of the fact that the application is made subsequent
to the project's completion. Any landlord who shall make application
for a capital improvement surcharge after accomplishment of the project
shall do so at his or her own risk that a surcharge will be granted.
In order to be granted a capital improvement surcharge, all work must
receive and pass all required governmental inspections. To the extent
practicable, government inspections are to be completed within 90
days of completion of all work. Where government inspections must
be made to the interior of dwellings, notice is to be provided to
each tenant via certified and regular mail that work has been completed
and that government inspections are to commence no earlier than 10
days from the date of notice. After the government inspections are
completed, the landlord must submit an official written confirmation
from the government inspector or Borough Construction Official indicating
that the completed work has passed all required government inspections.
Said written confirmation must be provided to the Rent Leveling Board
prior to the hearing.
[Added 6-13-2005 by Ord. No. 1933; amended 2-26-2024 by Ord. No. 2479]
A.
It is the purpose of this section to ensure that a
landlord's right to a reasonable rate of return on his investment
is not abrogated by this chapter. A "reasonable rate of return" will
be defined as existent at that particular time on other asset investments
as indicated by interest indices. The rate of return will be predicated
on the current fair market value of the individual property.
[Amended 7-27-1992 by Ord. No. 1478]
B.
It is the finding of this governing body that in determining
a reasonable rate of return, the actual operating expenses of the
dwelling shall be considered, excluding debt service, depreciation
and unfunded reserve for maintenance.
[Amended 7-27-1992 by Ord. No. 1478]
C.
In the event that the Rent Leveling Board finds that actual operating expenses do not permit a reasonable rate of return, as defined in Subsection A, the Rent Leveling Board may grant the landlord a hardship rent increase.
[Amended 7-27-1992 by Ord. No. 1478]
D.
A landlord seeking a hardship rent increase shall
petition the Rent Leveling Board, which shall designate a hearing
date within 15 days of said petition. The landlord shall then notify
all tenants of said application by certified mail 30 days prior to
the hearing date.
[Amended 7-27-1992 by Ord. No. 1478]
E.
Determination of hardship rent increases.
[Amended 7-27-1992 by Ord. No. 1478]
(1)
In considering the granting or denial of hardship
rent increases, the Rent Leveling Board shall consider the actual
operating expenses as previously defined, the actual vacancy factors
and current fair market value.
(2)
The current fair market value will be determined by
using the income approach, which will be an analysis of the gross
income from all sources, less the operating expenses, as defined,
with the net income arrived at by analyzing the rate of return against
the current fair market value.
(3)
The Rent Leveling Board shall not consider debt service,
depreciation, unfunded reserve maintenance, increases in taxes or
major capital improvements.
F.
In support of an application for hardship rental increase,
the landlord shall submit to the Rent Leveling Board all relevant
documents. Relevant documents shall not be less than sworn financial
statements showing income and expenses for the current year and two
years prior thereto and in addition, shall submit a copy of those
portions of the landlord's latest filed federal income tax return
indicating receipts and expenses concerning said dwelling. Said application
and supporting documents shall be filed with the Board at least 21
days prior to the date of the hearing.
G.
A rental increase under these provisions shall be
considered rent in the computation of allowable rental increases under
this chapter.
H.
Notwithstanding any other provision, the Rent Leveling
Board upon the submission of an application for a rental increase
shall inspect the code enforcement and Health Department files in
order to determine if any violation or violations exist pertaining
to the dwelling units for the application being submitted. If any
such violation or violations are present, any hardship rental increases
granted a landlord cannot be implemented until all violations are
substantially, quantitatively corrected.
I.
No landlord shall make application for a hardship
rental increase later than six months after the close of his fiscal
year but in no event later than June 30 of the year after the year
in which the landlord seeks a hardship increase.
J.
A landlord shall not be entitled to apply for a hardship
rent increase until he has owned the property for a minimum of three
years.
[Amended 7-27-1992 by Ord. No. 1478]
A.
During the term of this chapter, the landlord shall
maintain the same standards of services, maintenance, furniture, furnishings
or equipment and facilities provided by the landlord to a tenant prior
to the adoption of this chapter as the landlord was providing or was
required to by law or lease at the time a lease or tenancy was entered
into. Any service or facilities or any privileges or rights which
the tenant has been provided in the past may not be taken away, reduced
or circumscribed in any way, and, where a right has been provided
in the past without a fee, no landlord may request or receive a fee
for the continued provision of said service, facilities, right or
privilege.
B.
Any individual tenant or class of tenants which is
not receiving substantially the same standards of service, maintenance,
furniture, furnishings, equipment, facilities, rights or privileges
may have the Rent Leveling Board determine the reasonable rental value
of the housing units or dwelling in view of the 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.
C.
If a tenant petitions the Rent Leveling Board for
an adjustment of rent or files a complaint with the Board alleging
a landlord's violation of any of the terms of this chapter, the Board
must designate a hearing date with 15 days of said petition and the
filing of all required fees. The tenant shall then notify the landlord
of said hearing, by certified mail, 30 days prior to the hearing date.
[Amended 7-27-1992 by Ord. No. 1478]
D.
All notices of increase and all new leases which are
presented to tentants and new tenancies by landlords, their agents,
employees or assigns shall have included in the body of such document,
in a conspicuous place, or as an attachment thereto, in type size
not less than the largest type size used in any other part of the
document, the following language:
[Added 7-12-1999 by Ord. No. 1663; amended 1-24-2000 by Ord. No.
1689]
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Nothing herein shall be deemed to amend the duties of the landlord, or the rights of the tenant, as same are set forth in Section 322-11 of the Rent Leveling Ordinance of the Borough of Ridgefield, entitled "Standards of Service." Neither the landlord or tenant shall jointly, or individually, attempt or seek to modify or amend the provisions of that section of the ordinance.
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E.
It shall be a violation of this chapter, subject to
the penalties set forth herein, for any landlord or landlord's agent
to fail to timely deposit any rent check received from a tenant for
the purpose of, or with the result of, creating a false impression
of late payment, deficiency or default.
[Added 7-12-1999 by Ord. No. 1663][1]
[1]
Editor's Note: Former Subsection F, regarding
leases complying with the Truth-in-Renting Act, added 7-12-1999 by
Ord. No. 1663, which immediately followed this subsection, was repealed
1-24-2000 by Ord. No. 1689.
The governing body is hereby authorized to appoint
an administrator, clerk and/or investigators to the Rent Leveling
Board if, in its discretion, such personnel are necessary. The governing
body shall set all salaries. The governing body shall appoint an attorney
to the Rent Leveling Board and shall set a salary for the attorney.
A.
Upon submission of an application for hardship relief
or capital improvement and in addition to any other fees established
in this chapter, the applicant shall be required to establish an escrow
account with the Borough of Ridgefield. The Rent Leveling Board is
authorized to retain without pay from the Borough any professional
experts necessary to assist the Board in the processing of those applications.
Upon receipt of application for relief, the Board shall forward to
said experts, if it deems it necessary, the application and accompanying
documents within five days of receipt of the application and documents.
The experts shall submit to the secretary of the Board an estimate
of funds sufficient in amount to undertake the professional services
to be rendered. The expert shall submit the estimate of funds to the
applicant simultaneously. The applicant shall forthwith deposit such
funds in the escrow account maintained by the Borough. The expert
shall be paid by the Borough from the escrow account after the submission
of a voucher in accordance with N.J.S.A. 40A:5-16 et seq.
B.
The applicant may appeal the amount of the escrow
to the governing body. The governing body shall make a determination
as to the reasonableness and necessity of the fee. Such appeal must
be made within 10 days from the date the applicant receives the estimate
of funds.
C.
Should additional funds be required after the original
funds are exhausted, the applicant shall place sufficient moneys in
the aforesaid escrow account. Any moneys left in the escrow account
upon determination of the application shall be returned to the applicant.
D.
The Board shall take no formal action on any application
unless and until escrow funds have been deposited with the Borough,
and any time limitations set forth in this chapter should be extended
until all such escrow funds are deposited with the Borough.
A.
Schedule of fees; waiver.
[Amended 7-27-1992 by Ord. No. 1478]
(1)
There is hereby established the following schedule
of fees for complaints and applications to the Rent Leveling Board.
All such fees shall be filed with the Borough Clerk.
[Amended 6-13-2005 by Ord. No. 1933]
(a)
Hardship rental increases: $250 for up to 50
dwelling units, $500 for more than 50.
(b)
Capital improvement surcharge: $250 for up to
50 dwelling units, $500 for more than 50.
(c)
Tax surcharge: $250 for up to 50 dwelling units,
$500 for more than 50.
(d)
Application to the Rent Leveling Board for annual
allowable increases: $25.
(e)
Any other complaint or application: $10.
(2)
In the event of financial hardship, the fee can be
waived at the discretion of the Rent Leveling Board.
B.
In the event that the buildings and grounds are not
in substantial compliance with N.J.S.A. 55:13A-1 et seq., the Board
may conditionally grant an increase and place the moneys in escrow
until the landlord makes the necessary repairs and satisfies the statute.
If, however, after a reasonable amount of time the landlord fails
to make the needed repairs, the conditional increases shall be rolled
back and the moneys collected in escrow shall be returned to the tenants.
A.
Any person aggrieved by reason of an order or decision
of the Rent Leveling Board may file an appeal within 10 days from
the date of the order or decision appealed from. An appeal shall be
filed by filing a notice with the Clerk of the Borough, specifically
the matter appealed from and the grounds of the appeal. In addition,
the person appealing shall file with the Clerk a fee of $100 and,
in addition, an amount sufficient to pay for the cost of the record
of the Rent Leveling Board.
B.
The record submitted to the governing body shall include
all documents and transcripts of hearings constituting the record
of the case before the Board.
C.
Upon receipt of the notice of appeal and accompanying
fees, the Clerk shall submit to the Mayor and Council a notice of
the appeal. The governing body shall set a hearing within 30 days
after receipt of the entire record of the Rent Leveling Board. The
governing body shall consider the appeal based upon the record of
the Rent Leveling Board and may consider new evidence only upon an
affirmative showing by the person seeking to introduce the new evidence
that same was not available at the time the hearing was heard before
the Rent Leveling Board.
D.
The governing body shall conclude its hearing, and
render a decision, on all appeals from any aggrieved party within
90 days of receiving a complete record of the hearing before the Rent
Leveling Board as set forth hereinabove. The failure to do so shall
be deemed to affirm the decision of the Rent Leveling Board.
[Added 12-8-2008 by Ord. No. 2074; amended 10-15-2013 by Ord. No. 2240]
A.
Qualification.
[Amended 8-15-1983 by Ord. No. 1243; 7-27-1992 by Ord. No.
1478; 4-27-1998 by Ord. No. 1621]
(1)
Housing accommodations which are the subject of this
chapter and which become vacant after the passage of this chapter
or are vacant at the time of said passage qualify for vacancy equalization.
With regard to each such vacant premises, the landlord shall be entitled
to charge a rent equal to 112.5% of the highest allowable rent, excluding
all surcharges otherwise permitted by this chapter, to an apartment
of equal character and facilities within the Borough of Ridgefield.
Once said vacant apartment has been rented, it shall immediately be
subject to all the other terms and provisions of this chapter.
[Amended 6-13-2005 by Ord. No. 1933]
(2)
Subsection A(1) shall not apply to a tenant who rented any other housing space unit in the dwelling and who is moving, for reasons of health, to a different housing space unit in the dwelling. In such instances, the vacant space to which such tenant is moving (new space) shall not be subject to Subsection A(1), but rather the space being vacated by such moving tenant (old space) shall be subject to Subsection A(1) above. A tenant may make such a lateral move only once in the term of his or her tenancy.
B.
At the time the landlord returns to any tenant vacating
the premises that tenant's security or the balance of said security,
he shall include with such notice and payment a notice to the tenant,
on a form approved by the Mayor and Council, requesting the tenant
to advise the Rent Leveling Board of the reasons why he vacated the
apartment. The landlord shall also include at that time and shall
forward to the vacating tenant a questionnaire prepared by the Rent
Leveling Board, together with a stamped and addressed envelope for
the return of said questionnaire to the Rent Leveling Board, care
of Borough Hall, Ridgefield, New Jersey 07657.
C.
Each landlord subject to this chapter shall post a
notice, in a conspicuous place or places within each apartment complex,
notifying the tenants of the nature of vacancy equalization and advising
the tenants that they have a right to notify the Rent Leveling Board,
care of Borough Hall, Ridgefield, New Jersey, of any undue pressure
which they may feel is exerted in order to influence them to vacate
their apartments. All such notices shall be posted on a sheet 8 1/2
inches by 11 inches and shall be clearly legible at a distance of
five feet.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No. 2133]
A.
Violations of this chapter.
[Amended 3-25-1985 by Ord. No. 1281]
(1)
If this chapter of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
(2)
Any person found guilty of violating this chapter
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this chapter of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
(3)
In the event of a continuing violation, each day shall
constitute a separate offense.
B.
Each and every violation affecting more than one dwelling
unit shall be considered a separate and distinct violation, and each
and every demand for a rental payment in excess of the payment set
forth in this chapter shall be considered a separate and distinct
violation.
