[HISTORY: Adopted by the Mayor and Council
of the Borough of Leonia 8-16-2021 by Ord. No. 2021-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 220,
Rent Control, adopted 4-19-1977 by Ord. No. 795 (Ch. 158 of the 1982 Code).
As used in this chapter, the following terms shall have the
meanings indicated:
The rental amount exclusive of any surcharges, supplemental
or ancillary charges or fees.
The consumer price index (all items, base year 1982-1984
= 100) for the region of the United States, of which Leonia is part,
published periodically by the United States Department of Labor, Bureau
of Labor Statistics.
Includes any building or structure, including garages and
parking spaces, rented or offered for rent, exempting one- or two-family
homes. Unless otherwise excluded in a lease, garages and parking spaces
are included in "dwelling." Also exempt from this chapter are motels,
hotels and similar type buildings. A dwelling not previously subject
to this chapter is exempt, and the initial rental may be determined
by the landlord. All subsequent rentals shall be subject to the provisions
and conditions of this chapter. New owners or landlords shall be subject
to the leases and/or rents in existence at the time of transfer of
title of the dwelling. Also included in this definition are housing
units previously rented and thereafter converted to condominium units
for so long as the tenant in possession at the time of the conversion
to a condominium remains a tenant pursuant to and as a result of the
notice requirements of the New Jersey Condominium Act.[1]
[Amended 12-5-2022 by Ord. No. 2022-19]
That portion of a dwelling rented or offered for rent for
living and dwelling purposes, together with all privileges, services,
furnishings, equipment, facilities and improvements connected with
the occupancy or enjoyment of the property to be used by the tenant.
[1]
Editor's Note: See N.J.S.A. 46:8B-1 et seq.
A.
Permissible rental increase. The establishment of rents between a
landlord and a tenant to whom this chapter is applicable shall hereafter
be determined by the following provisions:
(1)
Frequency. No landlord shall request or receive any increase in rental
payments from any tenant more often than once in any period of 12
consecutive months.
(2)
Calculation of rent increases.
[Amended 12-5-2022 by Ord. No. 2022-19]
(a)
At the expiration of a lease or at the expiration of a periodic tenancy,
no landlord of any dwelling may request or receive a percentage increase
in rent which is greater than 5% or the percentage difference between
the Consumer Price Index three months prior to the expiration or termination
of the lease and three months prior to the commencement of the lease,
whichever is less. In no event shall the increase be less than 3%.
(b)
The percentage increase in rent set forth in § 220-2A(2)(a) shall be applied to any garages or parking spaces that is not included in the lease for the dwelling.
(3)
Maximum rent increase. In no event shall any rent increase exceed
5% of the previous base rent in any twelve-month period.
(4)
Minimum rent increase. In no event shall any rent increase be less
than 3% of the previous base rent in any twelve-month period.
C.
Notification of rental increase.
(1)
Any landlord seeking an increase in rent shall notify the tenant in accordance with § 220-6. Said notice shall include a copy of calculations involved in computing the increase, including the monthly base rental amount, percentage increase and the allowable rent increase amount. This notification shall be given not less than 30 days prior to the effective date of such rental increase.
D.
Standards
of service. During the term of a lease, a landlord shall maintain
the same standards of service, maintenance, furnishings, appliances,
fixtures and equipment in the housing space or dwelling as provided
by law or in the lease as exists on the date the lease was entered
into.
[Added 12-5-2022 by Ord. No. 2022-19]
Notwithstanding any limitations upon permissible rent increases
under any other provisions of this chapter, upon the voluntary, uncoerced
vacation of any apartment, rent increases for which are controlled
in this chapter, the landlord shall have the right to fix the rent
for such vacated apartment at such sum as he deems appropriate.
A.
The provisions of the Property Maintenance Code will be applied strictly
to all rental units. Landlords will comply with all requirements for
maintenance of both interiors and exteriors. The Code Enforcement
Official will make inspections of rentals to ensure compliance.
B.
The landlord shall be obligated to maintain the same standards of
service, maintenance, furniture, fixtures, equipment, appliances and
conveniences in or on the premises as were provided or required by
law or lease, at the date the lease was originally entered into or
during the term of the tenancy.
A.
The landlord of a multiple dwelling subject to the provisions of
this chapter shall file with the Borough Clerk, not later than 30
days from the effective date of this chapter, a statement, in the
form prescribed by the Borough Clerk, which statement shall contain
the following:
(1)
The name and address of the landlord.
(2)
The street address of the multiple dwelling.
(3)
The apartment number, floor designation or other designation or other
information adequate to identify the housing space for which the report
is submitted.
(4)
The rent in effect as of 30 days from effective date of this chapter.
(5)
The commencement date and expiration date of any written lease covering
the housing space in effect 30 days from the effective date of this
chapter.
B.
The landlord of a multiple dwelling subject to the provisions of
this chapter shall file with the Borough Clerk, not later than 30
days after an increase in rent which becomes effective after 30 days
from the effective date of this chapter, a statement, which shall
contain the following:
(1)
The name and address of the landlord.
(2)
The street address of the multiple dwelling.
(3)
The apartment number, floor designation or other designation or other
information adequate to identify the housing space as to which the
report is submitted.
(4)
The rental charge prior to the increase in rent.
(5)
The new rental charge.
(6)
The effective date of the rental increase.
(7)
The expiration date of any written lease covering the housing space
as of the effective date of the increase.
Whenever notice is required under any section of this chapter,
it shall be accomplished by posting to the person to be served a copy
of said notice by certified mail, return receipt requested, or by
handing a copy of said notice to said person or his duly authorized
agent. "Person," as used in this section, shall also include corporations,
partnerships and their duly authorized agents or representatives.
This chapter, being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof.
A violation of any provision of this chapter shall be punishable
by a fine of not more than $1,000 or imprisonment for not more than
90 days, or both, and in addition a forfeiture of all allowable increases
for all rentals in the property concerned for a one-year period commencing
upon the adjudication of a violation of this chapter. A violation
affecting more than one leasehold shall be considered a separate violation
as to each.
