[Adopted 1-1-1982 as Sec. 2-27 of
the 1982 Recodification]
As used in this article, the following terms
shall have the meanings indicated:
Fit for habitation as defined by statutes, codes, regulations
and ordinances in full force and effect in the State of New Jersey,
County of Bergen and Borough of East Rutherford, and occupied or unoccupied
or unoccupied and offered for rent; in which cooking equipment is
supplied or includes heating privileges, furnishings, equipment, facilities
and improvements connected with the use of occupancy of such portions
of the property. The term shall not mean or include public housing
or dwelling space in any hotel, motel or established guest house,
commonly regarded as a hotel, motel or established guest house.
The Rent Leveling Board as created by this article.
The Borough Clerk of the Borough of East Rutherford.
Includes any building or structure or trailer or land used
as a trailer park, rented or offered for rent to one or more tenants
or family units. Exempt from this article are hotels, motels or established
guest houses, as the case may be; and similar type buildings and buildings
in which up to 1/3 of the occupied floor space is commercial and one
housing unit. Housing units newly constructed and rented for the first
time are exempt and the initial rent may be determined by the landlord.
All subsequent rents will be subject to the provisions of this article.
All premises or buildings which are presently subject to rent control
or rent stabilization by the United States or the State of New Jersey
are also exempt.
The Mayor and Council of the Borough of East Rutherford.
Is and includes that portion of a multiple 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. The terms shall
not mean or include public housing or dwelling space in any hotel,
motel or established guest house, commonly regarded as a hotel, motel
or established guest house.
Action on the part of the landlord in refusing to let, rent,
relet, rerent to a tenant or basis for dispossession for any one or
more of the following reasons:
Failure on the part of the tenant to pay rent
due and owing under the lease, whether the same be oral or written.
Disorderly or disturbing noises or conduct on
the part of the tenant that destroys the peace and tranquillity of
the landlord, other tenants or other persons living in or about the
neighborhood.
Intentional or persistent neglect, damage or
injury by the tenant to the property of the landlord.
Constant violation by the tenant of the rules
and regulations of the landlord if signed by the tenant or incorporated
in the lease with a copy being given to the tenant.
Substantial breach of the terms and conditions
of the lease agreement by the tenant.
Owner seeks to occupy premises himself.
Owner seeks to close premises down without permitting
any further occupancy.
Includes any building or structure and land appurtenant thereto,
rented or offered for rent to three or more tenants or family units.
[Amended 5-17-1982 by Ord. No. 82-6]
The Consumer Price Index (all items) for the region of the
United States in which East Rutherford, New Jersey, is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
Chairman of the Rent Leveling Board.
Any multiple dwelling determined to be substandard by the
Public Officer.
A.
Composition, appointment, term and compensation. Such
Board shall consist of seven members, and each member of said Board
shall be appointed by said Mayor and Council for a period not to exceed
three years each, with each member serving without compensation.
B.
Powers and duties. The 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:
(1)
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this Act, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in the exercise of its discretion,
provided that such rules are filed with the Borough Clerk.
(2)
To supply information and assistance with landlords
and tenants to help them comply with the provisions of this article.
(3)
To hold hearings and adjudicate applications from
landlords for additional rentals as hereinafter provided.
(4)
To hold hearings and adjudicate applications from
tenants for reduced rentals as hereinafter provided.
(5)
Such Board shall give landlord and tenant reasonable
opportunity to be heard before making any determination.
A.
Establishments of rents between the landlord and to
whom this article is applicable shall hereinafter be determined by
the provisions of this article. At the expiration of a lease or at
the termination of a periodic tenancy, no landlord may request or
receive a percentage increase in rent which is greater than 5 1/2%
over the previous rental. For a periodic tenant whose lease term shall
be less than one year, said tenant shall not suffer or be caused to
pay more than one rental increase in any 12 consecutive months.
B.
Initial rent. However, the initial rent charged any
tenant upon his moving into a multiple dwelling as defined herein
shall in no way be governed by the rent the landlord was receiving
from any tenant previously occupying the apartment in issue. The initial
rent between a landlord and tenant shall be solely established by
way of agreement between the landlord and tenant.
[Added 5-17-1982 by Ord. No. 82-6]
Any rental increase at a time other than at
the expiration of a lease or termination of a periodic lease shall
be void. A rental increase in excess of that authorized by the provisions
of this article shall be void.
Any landlord seeking any increase in rent shall
notify the tenant by certified mail of the calculations involved in
computing the increase.
A.
In the event that a landlord cannot meet his mortgage
payments and maintenance, he may appeal to the Rent Leveling Board
for increased rental. The Board may grant the landlord a hardship
rent increase to meet these payments. Prior to any such appeal to
the Board, a landlord must post in the lobby of each building or,
if no lobby is present, in a conspicuous place in and about the premises
a notice of said appeal setting forth the basis for said appeal. Said
notice must be posted for at least five days prior to the proposed
date of the appeal.
B.
The landlord may seek additional rental for major
capital improvements or services. The landlord must notify each tenant
by certified mail of the total cost of the completed capital improvement
or services, the number of estimated years of useful life of the improvement
as claimed by the landlord for federal income tax purposes, the average
costs of the improvement, the total number of square feet occupied
by the tenant and capital improvement surcharge he is seeking from
one tenant. The landlord seeking capital improvement or service surcharge
shall appeal for such surcharge to the Rent Leveling Board which shall
determine if said improvement is a major improvement and, if so, shall
permit such increase to take place. If said increase is granted, it
shall not be considered rent and calculated in the cost of living
increases. In any event no increase by authority of this section shall
exceed 15% of the tenant's rent at the time the surcharge is levied.
At no time shall the amount of property occupied by the tenant be
construed to include the property to which he has no access.
C.
All increases under this section shall be made for
such a period of time as the Rent Leveling Board in its discretion
shall deem necessary, and any and all of the powers granted to the
Rent Leveling Board shall be subject to the final approval of the
governing body.
Both the landlord and tenant may appeal the
finding of the Board to the governing body within 20 days from the
date of said determination and request a hearing thereon by the governing
body.
A.
It shall be unlawful for any person to demand or receive
any rent in excess of the maximum rent established by the Rent Leveling
Board or to demand possession of the space or to evict a tenant because
of failure of a tenant to pay rent in excess of the established maximum
rent. The owner or other person entitled to receive said rents shall
not be prevented, however, from exercising his right to obtain possession
of housing space as a result of the tenant's violation of law or breach
of contract, and the owner or other person entitled to receive said
rents shall be permitted to obtain possession of the premises for
his own personal use and occupancy or for the purposes of substantially
altering, remodeling or demolishing the dwelling.
B.
In the event of substantial alteration, the relocated
tenant shall have first option to the reconditioned premises.
During the term of this article, the landlord
shall maintain the same standards of service, maintenance, furniture,
furnishings and equipment in the housing space and dwelling as he
provided or was required to do by law or lease at the date the lease
was entered into.
No landlord, after the effective date of this
article, shall charge any rents in excess of what he was receiving
before the effective date of this article, except for an increase
as authorized by this article.
The owner of housing space or a dwelling being
rented for the first time shall not be restricted in any initial rent
he charges. His subsequent rent increases, however, shall be subject
to the provisions of this article.
A willful violation of any provision of this
article, including but not limited to the willful filing with the
Rent Leveling Board of any material misstatement of facts, shall be
punishable by a fine of $500 and imprisonment for not more than 90
days, or both. In addition, treble damages may be sought in a court
of competent jurisdiction. Such filing of fines and/or damages shall
be computed on the basis of a separate violation as to each leasehold.
This article being necessary for the welfare
of the Borough of East Rutherford and its inhabitants shall be liberally
construed to effectuate the purposes thereof.
