This chapter shall be administered by the Rent Leveling Board.
The Board shall be comprised of the following members:
A.
Class 1: two members who are landlords of buildings within
the Borough of Palisades Park.
B.
Class 2: two members who are tenants in buildings which
are subject to the provisions of this chapter. A member of this class shall
not be an agent or employee of a landlord.
C.
Class 3: two members who are neither a landlord nor a
tenant.
[Amended 9-19-1995 by Ord. No. 1228]
D.
One alternate for each of the above three classes.
The members and alternates shall be appointed by the Mayor and confirmed
by the Council. Each member and alternate shall serve for a term of three
years or until that person becomes ineligible to serve in the class in which
he or she was appointed.
[Amended 3-6-1990 by Ord. No. 1103]
Each member, upon assuming office, shall provide to the Secretary/Investigator
of the Board a sworn statement that he or she is eligible to serve in the
class to which he or she was appointed.
One member of each class must be present to hold meetings and conduct
business. If no regular member of a class is present, then the alternate for
that class shall serve. The alternate shall serve as the voting member for
all hearings and decisions related to the case in which such member participated,
in lieu of the regular member.
The Board shall, at its annual reorganization meeting, to take place
in the month of January, elect a Chairperson and a Vice Chairperson. These
officers shall serve for one year following election.
[Amended 3-6-1990 by Ord. No. 1103]
The Mayor and Council shall appoint and fix compensation for a Secretary/Investigator
and counsel to the Board.
[Amended 3-6-1990 by Ord. No. 1103]
The Board Secretary/Investigator shall provide administrative services
to the Board, such as receiving applications, reviewing applications, scheduling
hearings, answering correspondence, communicating decisions to the interested
parties and such other duties as might be necessary.
The Board shall hold hearings and make decisions as provided for in
this chapter.
A.
The Board shall adopt rules and regulations to provide
for orderly administration of this chapter.
B.
These rules and regulations and later amendments shall
first be introduced at a meeting of the Board and voted upon at the next subsequent
meeting.
C.
These rules and regulations and later amendments shall
be filed with the Borough Clerk no later than five business days after adoption.
The Mayor and Council shall have the right to veto by majority vote any and
all regulations of the Board.
A.
By December 31 of each year, the Board shall prepare
a report indicating the following information:
(1)
The number of applications filed with the Board and the
nature of the same.
(2)
The disposition of each application.
(3)
Rent increases and/or surcharges granted.
(4)
The number of units in each apartment house for which
the Board granted a rent increase or surcharge.
(5)
The purchase date of the apartment house.
(6)
The purchase price of the apartment house.
(7)
The age of the apartment house.
B.
A copy of the report shall be filed with the Mayor and
Council.
A.
The Board shall hold hearings on the following:
(1)
Appeals from decisions of the Secretary/Investigator
of the Board. All appeals shall be in writing. All appeals shall be filed
with the Board Secretary/Investigator within 15 days from the date the decision
is made.
[Amended 3-6-1990 by Ord. No. 1103]
(2)
Tenant complaints, as provided for in this chapter.
(3)
Applications for capital improvement surcharges, as provided
for in this chapter.
(4)
Applications for hardship surcharges, as provided for
in this chapter.
(5)
Applications for a reduction of services, as provided
for in this chapter.
(6)
Applications for a decrease in rent, as provided for
in this chapter.
B.
Notice requirements; expert testimony; documentation
list.
(1)
The Board shall establish a date for the hearing no later
than 120 days from the proper filing of the application. The Board shall notify
the applicant of the date of the hearing. The applicant shall provide 30 days'
notice, in writing, of the date of the hearing. The applicant, if a tenant,
shall notify the landlord and all affected tenants. If the applicant is a
landlord, he or she shall notify all affected tenants. Said notice shall include
a copy of the application and the date for the hearing and shall be made by
certified mail, return receipt requested. A copy of the notice of the date
of the hearing and a copy of the application shall be posted in the lobby
of the dwelling or, if no lobby is present, in a conspicuous place in and
about the premises.
(2)
The applicant or any other party receiving notice of
a hearing may submit expert testimony in support of his position. Expert testimony
may only be presented if a written report summarizing the nature of the testimony
is submitted to the Board Secretary/Investigator. The applicant shall submit
all expert reports at least 25 days prior to the hearing date.
(3)
The applicant or any other party receiving a notice of
a hearing shall submit a list of all documents that the applicant or other
party will rely upon at the time of the hearing. The documentation list of
the applicant shall be submitted at least 25 days prior to the hearing date.
The documentation list of all other parties shall be submitted at least 10
days prior to the hearing date. The list shall indicate when and where copies
of the documents can be examined. Copies of all documents to be relied on
during the hearing shall be submitted to the Board 25 days prior to the hearing
by the applicant and 10 days prior to the hearing by all other parties. Documents
not submitted and set forth on the list may not be relied upon in the presentation
of any testimony.
C.
D.
The Board may compel the applicant to submit 10 copies
of all documentation it deems necessary to adjudicate the application. This
documentation shall include but shall not be limited to financial statements,
balance sheets and income and expense statements of dwellings, as prepared
by a certified public accountant. The applicant shall also supply one copy
of all documentation to each group or party who may be affected by the application.
E.
The Board may, by resolution, determine that the services
of an independent auditor are required for the review and rendering of a report
on documentation submitted with an application. In that event, the Mayor and
Council may, by resolution, authorize the hiring of an auditor and establish
a fee for the services to be rendered. In that event, the auditor's fee
shall be paid by the person making the application to the Board. No application
shall be heard by the Board until the fee shall have been paid.
F.
All parties appearing before the Rent Leveling Board
in connection with hearings, pursuant to the provisions of this chapter, are
entitled to be represented by counsel admitted to the practice of law in the
State of New Jersey. All corporations appearing at such hearings or appeals
shall be represented by counsel admitted to the practice of law in the State
of New Jersey, as provided for under New Jersey law.
G.
A verbatim recording shall be made of all hearings.
H.
All findings and determinations of the Board shall be
issued in writing no later than 60 days after the conclusion of any hearing.
Any increases in rental resulting from an order of the Board shall take effect
on the first day of the succeeding month only if that allows for 15 days'
notice of the calculation of the surcharge; if not, the surcharge will commence
on the first of the following month. No surcharge may be assessed retroactively.
Said notification shall be by certified mail, return receipt requested.
I.
The party filing an application before the Rent Leveling
Board shall make the findings and determinations of the Board available to
all parties to whom he is required to provide notice of said application.
Said notice of findings and determinations shall be forwarded in the same
manner as said notice of application. Said findings and determinations shall
be forwarded within 10 days of receipt of the same by the applicant.
J.
The Board may establish a committee of Board members
to informally review applications to determine whether additional information
and/or professional services are required.
K.
The decision of the Board shall be by resolution, with
certified copies mailed to the landlord and tenant who appeared at the hearing.
Copies of the resolution shall be sent by certified mail within 10 days of
the decision.
A.
The Board shall hold hearings on tenant complaints covering
allegations of rent increases in excess of the allowable rate, failure to
maintain the same standards of service as originally provided and other matters
arising from the failure of the landlord to observe this chapter. The tenant
shall file the complaint on the form specified in the regulations established
by the Board.
B.
If the Board should make a determination that the tenant's
case is justified after hearing both the tenant and landlord presentations
and reviewing the evidence, the Board shall order the landlord to make an
appropriate adjustment to that tenant's rent and all other tenants'
rent to which the same situation applies.
C.
If the Board should make a determination that the evidence
indicates that the landlord or his agent knowingly and willfully violated
this chapter through demanding rent increases in excess of this chapter, the
Board shall direct the Secretary/Investigator to file a complaint with the
Municipal Court against the landlord or agent.
[Amended 3-6-1990 by Ord. No. 1103]
