As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING
For the purposes of this chapter shall mean any building,
structure or trailer park containing two or more residential rental
units; exempted from this chapter are owner-occupied two-family houses.
EXEMPTIONS
Exempt from this chapter are motels, hotels and similar-type
buildings in which up to 1/3 of the occupied floor space is commercial
and housing units of two units or less in which the owner of the premises
resides; housing units, newly constructed and rented for the first
time are exempted, and the initial rent may be determined by the landlord.
All subsequent rents will be subject to the provisions of this chapter.
HOUSING SPACE
Includes that portion of a dwelling, rented or offered for
rent for living and dwelling purposes, together with all privileges,
services, furnishings, furniture, equipment, facilities and improvements
connected with the use or occupancy of such portion of the property.
[Amended 3-22-2022 by Ord. No. 1597]
A. The Rent Leveling Board shall consist of one landlord (or agent of
an entity which is a residential landlord) representative, one tenant
representative and one resident homeowner appointed by the Mayor with
consent of the Borough Council, except for the resident homeowner,
who is to be appointed by the Mayor in his sole discretion. The Chairman
of the Rent Leveling Board shall be the homeowner member of the Board.
The Mayor shall appoint three alternates to the Board who shall vote
and participate in the absence of a regular member. The alternates
shall be one resident, one landlord or landlord's agent who owns
residential property in the Borough and one tenant residing in the
Borough.
B. The term of office, as designated by the Mayor, with consent of the
Borough Council, for the members of the Rent Leveling Board shall
be for a period of three years, ending on December 31, or until a
successor is appointed and qualified. The members shall serve until
their successors are appointed and have qualified for the office.
The term of the alternates shall be for one year ending on December
31 each year but shall continue to serve until reappointed or a new
alternate is appointed by the Mayor.
C. When a member, without being excused by a majority of the authorized
members, fails to attend and participate at meetings for a period
of eight consecutive weeks or for four consecutive regular meetings,
whichever shall be of longer duration, at the conclusion of such period,
upon written notification to the Mayor and Council, the Rent Leveling
Board shall remove said member. The Board may refuse to excuse an
absence only with respect to those failures to attend and participate
which are not due to legitimate illness.
D. The Rent Leveling Board is hereby granted and shall have and exercise,
in addition to other powers herein granted, all powers necessary and
appropriate to carry out and execute the purposes of this chapter,
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 chapter, which rules and regulations
shall have the force and effect 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 to landlords and tenants to
help them comply with the provisions of this chapter.
(3) To hold hearings and adjudicate applications from landlords for additional rental as determined by §
322-6 of this chapter and to hold hearings and adjudicate complaints by tenants concerning violations of rental provisions of this chapter. The Rent Leveling Board shall give reasonable opportunity to be heard both to landlord and tenant before making any determination in this Subsection
D(3).
(4) To review charges of tenant harassment.
E. Both the landlord and the tenant may appeal the findings of the Rent
Leveling Board to the Mayor and Council. Any appeal to the governing
body must be done within 20 days from the date of the said determination
and requests a hearing.
[Amended 10-18-2016 by Ord. No. 1506]
No landlord shall increase the rental of any housing space more than once in a twelve-month period, except for as provided in §
322-4 hereof. The maximum increase for a twelve-month period shall be 1.5% of the current rent or the percentage increase of the Consumer Price Index (CPI), based upon an average of the previous 12 months, whichever is greater, for all dwelling units covered by Chapter
322 of the Revised Ordinances of the Borough of Dumont. The CPI shall be established and published as the average of the previous 12 months of the CPI as is determined by the United States Department of Labor Statistics for the New York, New York-northeastern New Jersey area, or its successor. The twelve-month increase shall not exceed 5% in its entirety.
Notwithstanding any limitations upon permissible rent increases
under any other provision of this chapter, upon the voluntary, uncoerced
vacation of any housing space regulated by this chapter, the landlord
may increase the rent for such housing space up to the fair market
value. "Fair market value" shall be defined as an estimate of the
market value of a property based on what a knowledgeable, willing
and unpressured buyer would likely pay for similarly situated units
in the near vicinity and surrounding area. There shall be only one
such increase per housing space in any twelve-month period. When the
housing space is re-rented, it shall be subject to the provisions
of this chapter.
A. To qualify for such increase, the landlord shall first file with
the Rent Leveling Board a written statement, signed by the vacating
tenant, certifying to the Board that vacation of the housing space
was voluntary and not the result of any harassment, coercion or pressure
by the landlord. Such certification shall not be required if:
(1) The rental increase does not exceed the total of all permissible
increases authorized by other provisions of this chapter;
(2) The tenant has moved without notice to the landlord;
(3) The housing space has been vacated pursuant to court order; or
(4) The tenant has refused to sign such certification, in which case
the landlord shall file a statement with the Board setting forth the
circumstances under which the tenant vacated the housing space.
B. Upon vacation of any housing space hereafter, the landlord shall
file a statement with the Rent Leveling Board, certifying to the Board:
(1) The apartment and building numbers of such housing space.
(2) The rent paid by the vacating tenant.
(3) The maximum rent increase which would be permissible under the provisions
of this chapter.
(4) The number of days such apartment remains vacant.
(5) The rent agreed to by the new tenant for such apartment.
(6) That the vacation of such apartment was the voluntary act of the
vacating tenant and that such vacation was not the result of landlord
harassment or pressure upon such vacating tenant.
(7) The name and forwarding addresses, if known, of the vacating tenant.
During the term of this chapter, the landlord shall maintain
the same standards of service, maintenance, furniture, furnishings
or equipment in the building complex as s/he provided or was required
to do by law or lease at the date the lease or tenancy was entered
into.
This chapter, being necessary for the welfare of the Borough
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof. The provisions of this chapter are intended to provide
an equitable basis for the establishment of rents, taking into consideration,
taxes, major capital improvements, hardships and other pertinent factors.
The general standards of this chapter are intended to have flexibility
and are not so specified as to eliminate the exercise of discretion
on the part of the Rent Leveling Board.