[HISTORY: Adopted by the City Council of the City of East
Orange 3-24-1980 by Ord. No. 7-1980; amended in its entirety 10-13-2015 by Ord. No. 47-2015. Subsequent amendments
noted where applicable.]
A.
There shall be a Rent Control Board of seven members as follows:
Three must be landlords owning rental property located within the
City; three must be tenants living within the City; and the seventh
member shall be a homeowner living within and owning property located
within the City, which property shall not be subject to the provisions
of this chapter. Each member shall be appointed by the Mayor and confirmed
by City Council, each for a three-year term, served without compensation.
B.
This chapter is intended to repeal and replace Ordinance No. 52 of
1975 and amendments and supplements thereto. Ordinance No. 1 of 1974,
Ordinance No. 9 of 1975, Ordinance No. 52 of 1975, Ordinance No. 51
of 1977, Ordinance No. 13 of 1978, Ordinance No. 52 of 1978 and Ordinance
No. 42 of 1979 are repealed and replaced by this chapter. However,
nothing in this chapter shall abrogate, dissolve or affect any of
the powers, rent restrictions, authority or actions heretofore held
or taken by the Rent Control Board created under Ordinance No. 1 of
1973 or Ordinance No. 42 of 1973, which were replaced by Ordinance
No. 1 of 1974 and further amended by Ordinance No. 9 of 1975, Ordinance
No. 52 of 1975, Ordinance No. 51 of 1977, Ordinance No. 13 of 1978,
Ordinance No. 52 of 1978 and Ordinance No. 42 of 1979, and all actions
and opinions heretofore taken or made shall remain in full force and
effect. The fixing of rents and judgments, findings and conclusions
with respect to the control of rents within the City of East Orange
shall remain unimpaired under this chapter and shall be subject to
this chapter in future determinations.
C.
All members of the Board are required to attend all official meetings
of the Board. Any Board member who is absent from three or more committee
meetings or public hearings during the course of a calendar year shall
be subject to removal from the Board by the Mayor.
The Rent Control 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 following:
A.
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 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 City Clerk.
B.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
C.
To hold hearings and adjudicate applications from landlords for additional
rental as hereinafter provided.
D.
To hold hearings and adjudicate applications from tenants as to probable
violations of this chapter.
E.
As to judicial determinations, to give both landlord and tenant reasonable
opportunity to be heard before making any determination.
F.
To advise and give direction to the Administrator of the Rent Control Board and approve and/or disapprove any determinations outlined under § 218-3 of this chapter. The Administrator to the Board shall not be the Rent Regulation Officer. The Administrator to the Board shall attend hearings of the Rent Control Board and perform in a secretarial capacity at such hearings in taking minutes and preparing determinations in accordance with decisions made at such hearings. The Administrator to the Board shall also perform such other duties as the Rent Control Board may specifically direct.
[Amended 11-27-2023 by Ord. No. 30-2023]
G.
To administer and implement the amendatory and supplementary Act
of P.L. 1981, c. 226,[1] which provided protection to senior citizens and disabled
tenants against rent increases and relocation as a result of rental
housing conversion to a condominium or cooperative.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.
[Amended 4-9-2018 by Ord.
No. 9-2018; 3-25-2019 by Ord. No. 6-2019; 11-27-2023 by Ord. No. 30-2023]
There is hereby established the position of Rent Regulation
Officer, who shall have the following powers and functions:
A.
To obtain, keep and maintain all relevant records and other data
and information.
B.
To supply information and assistance to landlords and tenants and
to bring together tenants and landlords in formal conferences and
suggest resolutions of conflicts between them in order to assist them
in complying with the provisions of this chapter.
C.
To notify landlords that there is no record of compliance by the landlord with the provisions of § 218-14.
D.
To remedy violations of this chapter by ordering rent rebates, deductions
and increases and bring appropriate legal charges as provided by this
chapter. No order for a rent deduction shall be effective for any
period prior to the date the complaint for the deduction was received
by the Rent Regulation Officer unless the violation has been previously
investigated and found to exist by an appropriate City agency. Any
order for a rent rebate, deduction or increase issued by the Rent
Regulation Officer shall be final unless a hearing before the Rent
Leveling Board is requested, in writing, by the party objecting to
it within 30 days of the date of said determination. The refusal of
the Rent Regulation Officer to order a rent rebate, deduction or increase
shall be final unless a hearing before the Rent Control Board is requested,
in writing, by the party objecting to it within 30 days from the date
of said refusal.
E.
To accept and process complaints from tenants of illegal rental increases
and to investigate said complaints prior to any decisions being rendered.
G.
Determinations.
(1)
Any rebate ordered by the Rent Regulation Officer or the Board shall
be considered a penalty by the landlord. If said rebate is not received
by the tenant within 30 days of the date of said determination, the
tenant may file suit in the Municipal Court against the landlord for
violation of this section of this chapter.
(2)
Any rental increase granted to the landlord shall be paid the following
calendar month rent becomes due from the date of said determination.
In the event of failure by the tenant to pay the rents as determined
by the Rent Regulation Officer or the Board, the landlord may exercise
appropriate legal action in a court of law for nonpayment of rent.
H.
To receive notification from any owner of his/her intention to convert
any rental premises to a condominium or cooperative and to thereafter,
within 10 days, notify each residential tenant, in writing, of the
owner's intention and of the applicability of the provisions of the
act.
I.
To provide affidavits to the Department of Community Affairs of the
compliance with the Act by the owner of any proposed conversion site.
J.
To review the applications for protected tenancy status submitted
by a tenant and to make a determination of eligibility and ineligibility
under the criteria set forth by the Act and to further solicit any
documents and information necessary to establish a tenant's eligibility
for a protected tenancy status.
K.
To prepare and submit a yearly report to the Housing, Licensing and
Inspection Committee.
L.
To audit rent rolls that are submitted by property owners and inform
tenants of their right to take action that is consistent with the
East Orange City Code.
In applying and interpreting this chapter, the following definitions
shall be used:
An application for registration filed with the Department
of Community Affairs in accordance with the Planned Real Estate Development
Full Disclosure Act. P.L. 1977, c. 419 (N.J.S.A. 45:22A-21 et seq.).
Suitable for habitation as defined by the statutes, codes
and ordinances in full force and effect in the State of New Jersey
and the City of East Orange and occupied or unoccupied and offered
for rent.
Any application which has not been returned due to deficiency
in supportive documentation, i.e., copies of canceled checks, executed
statements, proof of expenditures, etc., nor due to a failure of said
application to be completed in every section and thereafter dated
and duly executed by an authorized agent of a corporate applicant
or by an individual applicant. If the application has been returned
by the Rent Control Board, it shall be deemed incomplete and will
not be considered as duly filed until such time as the specified deficiency
has been cured.
[Amended 11-27-2023 by Ord. No. 30-2023]
The recording with the appropriate county officer of a master
deed for a condominium or a deed to a cooperative corporation for
a cooperative or the first deed of sale to a purchaser of an individual
unit for a planned residential development or separable fee simple
ownership of the dwelling units.
To convert one or more buildings or structures containing,
in the aggregate, not fewer than five dwelling units from residential
development separable fee-simple ownership of the dwelling units.
A person who has been deemed 100% disabled by the United
States government or an agency operating under its authority.
[Amended 5-14-2018 by Ord. No. 24-2018]
Includes any building or structure rented or offered for
rent to one or more tenants or family units, either occupied or unoccupied.
Includes that portion of a dwelling, rented or offered for
rent for living and 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.
Includes all spaces used for the parking of motor vehicles,
whether indoor or outdoor, when rented by a tenant from his landlord,
landlord's agent, concessionaire or assignee and when such spaces
are rented in conjunction with apartment rentals. For the purposes
of this chapter, "parking spaces" shall not include spaces owned by
and rented to a tenant by persons other than the landlord, landlord's
agent, concessionaire or assignee and located at a location different
from the rented housing space.
The 40 years following the conversion recording for the building
or structure in which is located the dwelling unit of the senior citizen
tenant or disabled tenant.
One shall be deemed a qualified senior tenant if they are
65 years of age or older.
[Added 5-14-2018 by Ord.
No. 24-2018]
An approval of an application for registration by the Department
of Community Affairs in accordance with the Planned Real Estate Development
Full Disclosure Act, P.L. 1977, c. 419 (N.J.S.A. 45:22A-21 et seq.).
A regular recurring payment that grants tenants the right
to remain or reside at a dwelling or housing space within the City
of East Orange. As used herein, the term "rent" shall not include
late fees, attorneys' fees or any other fee that causes a tenant's
monthly rent to exceed the percentage increase that is provided for
in the City's Rent Control Ordinance. This provision shall expire
on December 31, 2020, unless the City's governing body agrees to extend
same.
[Added 6-22-2020 by Ord. No. 21-2020]
Action by a landlord as defined by N.J.S.A. 2A:42-10.10.
A person who is at least 62 years of age on the date of the
conversion recording for the building or structure in which is located
the dwelling unit of which he is a tenant, or the surviving spouse
of such a person if the person should die after the owner files the
conversion recording, provided that the building or structure has
been the principal residence of the "senior citizen tenant" or the
spouse for the two years immediately preceding the conversion recording
or the death, as the case may be.
The total income from all sources during the last full calendar
year for all members of the household who reside in the dwelling unit
at the time the tenant applies for protected tenant status, whether
or not such income is subject to taxation by any taxing authority.
The Senior Citizens and Disabled Protected Tenancy Act, P.L.
1974, c. 49, and P.L. 1975, c. 311, and amending and supplementing
legislation P.L. 1981, c. 226.[1]
[1]
Editor's Note: See N.J.S.A. 2A:18-53, 2A:18-61.1 to 2A:18-61.12
and 2A:18:61-22 et seq.
The right of appeal from a decision of the Rent Control Board
by either landlord or tenant, or both, to an appropriate court of
law shall be reserved as a matter of right. Said appeal shall be filed
within the time limitations for appealing municipal administrative
rulings as established by the rules governing the courts of the State
of New Jersey.
A.
Whenever essential services, care or maintenance decline in common
areas and dwelling units which substantially affect the habitability
of a premises, the tenant may file a complaint with the Rent Regulation
Officer requesting a decrease or reduction in rent. The complaint
shall set forth in detail the condition complained of and its duration.
The Rent Regulation Officer shall immediately order an inspection
of the premises and condition complained of. The following factors
shall be considered by the Rent Regulation Officer before ordering
a rent rebate for the diminution of essential services:
(1)
Whether the diminution of services complained of substantially affected
the habitability of the premises.
(2)
When the condition first occurred.
(3)
The duration of the condition and whether the landlord was responsible
for it.
(4)
When the tenant initially notified the landlord and whether any corrective
action was taken by him within a reasonable period of time after notice
by the tenant and the Rent Regulation Officer.
(5)
Whether the condition violates any provision or standard set forth in Chapter 159, entitled "Housing Standards; Property Maintenance," of the Code of the City of East Orange.
(6)
The reasonable percentage of rental income allocated by the landlord
for the service complained of as determined by the Rent Regulation
Officer.
(7)
Any other factors reasonably related to the habitability and value
of the rented premises.
B.
Essential services shall include but not be limited to general maintenance, heat, air conditioning, hot and cold water, elevators/escalators, electricity, gas, furniture, furnishings and equipment, as provided for in Chapter 159 of this Code.
C.
After the above factors and standards are considered, the Rent Regulation
Officer shall grant a reasonable rent rebate to the tenant for the
diminution of essential services. In no event shall the rent rebate
exceed 30% of the tenant's monthly rental for each condition complained
of.
No landlord shall, after the effective date of this chapter,
charge any rents in excess of what he was receiving from the effective
date of this chapter, except for increases as permitted by this chapter
or as heretofore provided in this chapter from the effective dates
of Ordinance No. 1 of 1973, Ordinance No. 42 of 1973, Ordinance No.
1 of 1974 and Ordinance No. 52 of 1975.
A.
Exempt from this chapter are the following types of dwellings:
(1)
Dwellings containing three or fewer separate living units.
(2)
Motels.
(3)
Hotels.
(4)
Licensed rooming houses.
(5)
Newly constructed dwellings which are rented for the first time and
dwellings which have been vacated due to substantial rehabilitation.
After the first rental, such dwelling unit shall not be exempt, and
subsequent rentals or rent increases shall be subject to the provisions
of this chapter.
(6)
For purposes of the implementation of the Protected Tenancy Act,
dwellings containing five or fewer separate living units.
(7)
Housing developments owned or subsidized by the United States Department
of Housing and Urban Development, as well as unsubsidized developments
with HUD-insured mortgages.
[Added 5-14-2018 by Ord.
No. 24-2018]
B.
Limitations.
(1)
The rental of all units and parking spaces for the first time to
a new tenant shall be limited to a rent which includes an increase
not to exceed 5% over the last rent paid by the former tenant 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 term, whichever is less.
(2)
The last rent paid by a former tenant as registered by the landlord pursuant to the provisions of § 218-14 of this chapter shall be considered a new tenant's base rent. If the new tenant's base rent must be established by independent means because of the landlord's failure to file the documents required pursuant to said § 218-14, the new tenant will be allowed a reduction, pursuant to § 218-30, from the rent charged said new tenant.
(3)
A landlord at the time of leasing to a new tenant shall inform said new tenant, in writing, that the landlord cannot charge a new tenant a rental which includes an increase higher than the permitted percentage increase, pursuant to § 218-8B(1), over the rent paid by the former tenant and shall further inform the new tenant, in writing, as to the amount of the prior tenant's rent, and that information specifying said prior rent is available for the new tenant's review at the Property Maintenance office, and that if said information is unavailable at the Property Maintenance office because of the landlord's failure to file the same, the new tenant shall be entitled to the rental reductions set forth herein.
(4)
Under any and all circumstances, however, any increase in rent charged
to a new tenant must be charged within 60 days of occupancy by said
new tenant. The landlord's failure to make said charge within said
sixty-day period will be deemed a waiver of the landlord's new tenant
increase rights. Any landlord, landlord's agent or employee shall
not demand or accept more than one rental increase during any twelve-month
period from any occupant of any dwelling unit or parking space.
(5)
If the rent to a new tenant is higher than that paid by the previous tenant, even if not in violation of Subsection B(1) above, and if the landlord has failed to secure a certificate of habitability as required by the Code, then, upon complaint, the Rent Control Board shall prohibit the landlord from collecting any rent in excess of that paid by the former tenant until the first day of the calendar month following the landlord's obtaining the required certificate. Any rents in excess of those paid by the present tenant must be refunded to the tenant who paid the increased rent.
[Amended 11-27-2023 by Ord. No. 30-2023]
(6)
A rent increase for a new tenant with a protected tenancy status,
as defined under this chapter, shall not exceed the increase authorized
by this section. Increased costs which are solely the result of a
conversion, including but not limited to any increase in financing
or carrying costs, and which do not add services or amenities not
previously provided shall not be used as a basis for an increase in
a fair return or hardship hearing before the Rent Control Board or
on any appeal from such determination.
[Amended 11-27-2023 by Ord. No. 30-2023]
(7)
A landlord seeking a rent increase under this section shall pay an
application fee of $5 per unit.
(8)
The landlord shall have a registered rent roll with the Department
of Property Maintenance to qualify for any rental increase. Any rental
increase application not in compliance with this subsection will automatically
be denied.
[Amended 11-27-2023 by Ord. No. 30-2023]
A.
A tenant, in addition to all other rights granted citizens by state
law and the Code of the City of East Orange, may, upon receipt of
a notice of an increase in rent, request an inspection by the Department
of Inspection and Licensing of the City of East Orange at no charge,
through the filing of a complaint with the Rent Control Board. If
the Department of Inspection and Licensing, upon making said inspection,
finds violations to be present involving the heat and hot-water systems,
including central air conditioning, violations of the Electrical Code,
violations of the Plumbing Code, inadequate roofing or any other violations
in the common areas of the building or the specific apartment involved
which, in the opinion of the Public Officer, present a threat to life,
health or safety, a notice shall be sent to the landlord informing
him of the violations and stating that the specific increase complained
of may not be collected until a reinspection shows the violations
to have been corrected.
[Amended 11-27-2023 by Ord. No. 30-2023]
B.
This section shall not preclude the Department of Inspection and
Licensing from enforcing the Code of the City of East Orange under
the methods provided therein. It shall be an exception to this section
if a violation is determined by the Public Officer to be the result
of malicious mischief or any other criminal act deemed not to have
been committed by the landlord or his agents.
C.
A notice of increase may be sent to the tenants even if violations
exist, but said increase may not be collected or demanded unless all
violations of the nature referred to above have been corrected and
a certificate to that effect issued prior to the effective date of
the notice. If said certificate is eventually obtained, the increase
may be collected, beginning with the rental due the month following
the issuance of the certificate.
Establishment of rents between a landlord and a tenant to whom
this section is applicable shall hereafter be determined as follows:
A.
For a periodic tenant (i.e., month-to-month, week-to-week) whose lease term is less than one year, said owner, agent or employee of the same shall not demand, receive or accept any rent increase which is greater than 4% of the existing rent at the time the notice of increase is delivered to the tenant. Simultaneously with the delivery of a notice of increase in rent, the landlord shall notify the tenant that he/she has complied fully with the provisions of § 218-14. Said notice shall be delivered in accordance with the provisions of § 218-19. No rental increase of any amount or percent shall be demanded, received or accepted, however, unless the landlord has complied fully with the provisions of § 218-14 of this chapter as confirmed in writing by the Rent Regulation Officer. In the event that a landlord fails to have a current rent roll on file in accordance with the provisions of § 218-14 of this chapter at the time he demands a rental increase from a tenant, the landlord's increase shall automatically be denied, and he shall be precluded from obtaining any increase from said tenant for a period of 12 months from the date that the proposed increase was to take effect. Any complaint of a tenant challenging the propriety of an increase based on violation of § 218-14 shall be filed within 12 months of the date when the proposed increase is to take effect.
[Amended 11-27-2023 by Ord. No. 30-2023]
B.
For a year-to-year tenant or for a tenant under a lease term in excess of one year, said landlord, owner or agent of the same shall not seek or demand an increase in rent which exceeds 4% of the prior rent for each twelve-month period that the existing lease has been in effect. (Example: A written lease runs for three consecutive years at a fixed rent without increases. At the end of the third year, the landlord is entitled to a maximum increase in rent of 12% or $120.) Simultaneous with the delivery of a notice of increase in rent, the landlord shall notify the tenant that he/she has complied fully with the provisions of § 218-14. Said notice shall be delivered in accordance with the provisions of § 218-19. No rental increase of any amount or percent shall be demanded, received or accepted, however, unless the landlord has complied fully with the provisions of § 218-14 of this chapter as confirmed in writing by the Rent Regulation Officer. In the event that a landlord fails to have a current rent roll on file in accordance with the provisions of § 218-14 of this chapter at the time he demands a rental increase from a tenant, he shall be precluded from obtaining any increase from said tenant for a period of 12 months from the date the proposed increase was to take effect. Any complaint of a tenant challenging the propriety of an increase based on violation of § 218-14 shall be filed within 12 months of the date when the proposed increase is to take effect.
[Amended 11-27-2023 by Ord. No. 30-2023]
C.
The limitations in rental increases set forth above shall be retroactive
to February 1, 1975, and any rents increased on or after that date
shall be reduced to reflect an increase of no more than that allowed
under this section. Any moneys paid over and above the allowable rent
for any apartment shall be credited to the tenant through a reduction
in rent in the month following enactment of this section; or, in the
case of a tenant who has moved, the excess moneys paid will be sent
to the former tenant in the form of a check within 30 days of enactment
of this section.
D.
All limitations on rental increases as applied to housing space under Subsections A, B and C of this section also apply as limitations on rental increases for parking spaces. All notice requirements, time limitations and other applicable duties or obligations of the landlord to the tenant as set forth in this chapter are hereby made applicable to increases in rent for parking spaces.
E.
Each landlord is required to complete a rental increase application and pay a nonrefundable application fee to the City. The City will not process any application until the landlord: 1) submits the completed application; 2) pays the nonrefundable application fee; and 3) delivers the notice to quit, under § 218-12, to the City's Rent Control Office. The nonrefundable application fee shall be an amount equal to $5 multiplied by each unit owned by an owner or the owner's agent seeking an increase.
[Amended 4-9-2018 by Ord.
No. 9-2018]
F.
The landlord shall have a registered rent roll with the Department
of Property Maintenance to qualify for any rental increase. The landlord
shall file the registered rent roll annually. Any rental increase
application not in compliance with this subsection will automatically
be denied.
[Amended 11-27-2023 by Ord. No. 30-2023]
G.
Pursuant to § 159-1 et seq. of the Code of the City of East Orange, the landlord shall file an updated rent roll within 30 days of any change to the rent roll. Any rental increase application not in compliance with this subsection will automatically be denied.
[Amended 11-27-2023 by Ord. No. 30-2023]
H.
For a qualified senior tenant, said landlord, owner or agent of the
same shall not seek or demand an increase in rent which exceeds 2%
of the rent charged during the preceding twelve-month period. In apartments
that contain multiple persons, the 2% cap shall only apply if a senior
qualified tenant is identified on the lease as tenant in the subject
apartment.
[Added 5-14-2018 by Ord.
No. 24-2018]
A.
Any rental increase at a time other than at the expiration of a lease
or termination of a periodic lease shall be void.
B.
Any rental increase given a tenant which exceeds that allowed by
this chapter may be voided in its entirety by the Rent Regulation
Officer or the Rent Control Board or may be adjusted by the Rent Regulation
Officer or the Rent Control Board to conform to the amount allowed
by this chapter. Such action can be taken by the Rent Regulation Officer
at informal conferences or by the Board after public hearing on a
complaint. Any rental increases in excess of that allowed by this
chapter and paid by the tenant must be returned to the tenant.
[Amended 11-27-2023 by Ord. No. 30-2023]
C.
Notwithstanding the foregoing, any landlord, owner, agent or employee
of the same shall not demand or accept more than one rental increase
during any twelve-month period from the same tenant in the same apartment.
No tenant's rent may be increased during the first 12 months of the
tenancy.
[Amended 4-9-2018 by Ord.
No. 9-2018]
A.
Any owner, landlord or agent or employee of a landlord seeking an
increase in rent shall give the affected tenant written notice of
termination of the existing lease or tenancy (commonly called "notice
to quit") 60 days prior to the increase. Said notice shall have annexed
thereto and delivered simultaneously a written and signed statement
setting forth the following data:
(1)
The name and address of the tenant and the apartment number.
(2)
The date the tenant's existing lease began or the date the tenant
took possession of the premises.
(3)
The present rent of the tenant.
(4)
The date of the last increase in rent prior to the notice of increase.
(5)
The actual dollar amount of the proposed increase.
(6)
The amount of the proposed increase in terms of percentage.
B.
No application will be processed until all requirements highlighted
under this chapter are satisfied by an owner or such owner's agent
seeking an increase. The owner or owner's agent seeking an increase
must attach the notice, and proof of service of such notice, to the
application in order for the application to be considered.
[Amended 11-27-2023 by Ord. No. 30-2023]
A.
Time limitations.
(1)
Complaints by either the landlord or the tenant may not be filed
more than 12 months after the effective date of the increase involved,
except as otherwise provided in this chapter.
B.
All rental increases shall be paid by the tenant to the landlord
until such time as the complaint has been adjudicated. If it shall
be deemed that the landlord is not entitled to the rental increase,
any moneys that have been overpaid shall be refunded in the form of
a rental rebate to the tenant.
C.
Absent the filing of a complaint pursuant to the applicable provisions
of this chapter, payment of a rental increase for 24 consecutive months
or more shall be construed to be an agreed increase and not subject
to the provisions of this chapter, except when the landlord in violation
of this chapter does not inform or misinforms the tenant concerning
the rent paid by the prior tenant, or in any manner illegally increases
the tenant's rent, the Rent Regulation Officer and the Board shall
waive the limitations period, and then accept, hear and adjudicate
the matter based on the landlord's noncompliance with the provisions
of this chapter.
[Amended 11-27-2023 by Ord. No. 30-2023]
D.
If a landlord is found to have been in violation of § 218-9, § 218-10, § 218-11, § 218-12 and § 218-14, then the tenant shall have a remedy to receive a rental rebate for the overcharge (if paid in accordance with § 218-13B) retroactive to the effective date of the increase or the violation involved.
A.
Time limitations. Within 60 days of the passage of this chapter, all owners of property within the City of East Orange whose rents are subject to this chapter shall file with the Department of Property Maintenance a list of rents for all units in the property owned by them. The list shall contain a sworn affidavit as to the accuracy of said list. Within 30 days of the date of any change in rent for any dwelling unit, an owner shall notify the Department of Property Maintenance of such change. The information contained in said lists shall not be considered confidential and shall be a public record as defined by N.J.S.A. 47:1A-1 et seq. All owners of property within the City of East Orange whose rents are subject to this chapter shall also file a rent roll on September 1 of every year pursuant to § 5-84A(10) of the Code of East Orange. A spreadsheet showing how each rent was calculated in compliance with the rent control regulations shall be provided with the rent roll. Any rental increase application not in compliance with this subsection will automatically be denied.
[Amended 11-27-2023 by Ord. No. 30-2023]
B.
Fee. (NOTE: The annual fee and the late fees are for the whole building,
not per unit.)
(1)
For annual filling of a rent roll, a fee of $100 shall be paid simultaneous
with filing.
(2)
No rental increase application will be considered until the late
charge is paid in full. Untimely rent rolls shall be subject to following
late charges:
[Amended 3-25-2019 by Ord. No. 6-2019; 11-27-2023 by Ord. No. 30-2023]
[Added 4-9-2018 by Ord.
No. 9-2018]
A.
This section shall be consistent with the terms highlighted under
the truth-in-renting statement.
B.
The Truth-in-Renting Act requires the distribution of the truth-in-renting
statement to all tenants with a rental term of at least one month
living in residences with more than two dwelling units (or more than
three if the landlord occupies one).
C.
Each landlord shall provide a copy of the current truth-in-renting
statement to each tenant when a lease is entered into, and shall make
available the current statement in the building where the tenants
can easily review it.
D.
Each landlord shall keep documentation or receipts verifying the
distribution of the truth-in-renting statement to each new tenant.
A signature from each tenant is required for verification of the distribution
of the most current version of the truth-in-renting statement.
[Amended 7-24-2023 by Ord. No. 15-2023]
E.
Each landlord who does not properly distribute the truth-in-renting
statement is subject to a penalty of up to $100 for each offense.
Enforcement of this section is handled through the Superior Court,
Special Civil Part, Landlord-Tenant Section of the county where the
building is located or of the county where the defendant resides.
A.
A landlord who proposes capital improvements for the premises he
owns may apply to the Board for the recovery of 50% of the cost of
the expenditure excluding interest and carrying costs. In no event
shall a landlord assess a capital improvement rent surcharge without
first applying to the Board therefor. In the event that capital improvement
surcharges are assessed by a landlord without prior approval of the
Board, the Rent Regulation Officer shall order rebates therefor for
each month thereof. A landlord is only permitted to apply for either
a capital improvement surcharge, hardship increase or rent decontrol
in a given calendar year that impacts the same unit. The Rent Regulation
Officer and Rent Control Board shall consider the first application
and shall automatically deny the remaining applications in the same
calendar year.
[Amended 11-27-2023 by Ord. No. 30-2023]
B.
A capital improvement is a substantial monetary investment in real
property. It shall provide additional services, benefits or amenities
to tenants not previously existing which change the housing accommodations
throughout the premises. All capital improvements shall last a minimum
of five years and provide an actual benefit to the tenants and the
overall maintenance of the premises. A capital improvement surcharge
is a privilege, and not a right of the landlord, granted by the City
of East Orange to promote property upkeep, which may be withheld by
the Board within its discretion where the same does not meet the criteria
set forth in these provisions.
C.
A capital improvement is not normal upkeep, maintenance, repair,
replacement, rehabilitation, painting, roofing or mailboxes.
D.
The following shall be considered capital improvements: change of
heating apparatus throughout the entire premises from oil heat to
gas heat or vice versa or the installation of furnaces, air conditioners
or central heating and cooling systems; new appliances in all dwelling
units, including stoves, dishwashers and refrigerators; new thermo-insulated,
energy-efficient storm windows throughout common areas and dwelling
units; new bathrooms in all dwelling units, including new tile, tubs,
sinks and toilets; new kitchens throughout all dwelling units, including
tile floors, cabinets, pantries and storage bins; new carpeting throughout
common areas and all dwelling units; new doors and security locks
throughout common areas and all dwelling units, including burglar
alarms. The foregoing capital improvements are not exclusive, and
the Board may, at its discretion, review other types of improvements
for relief pursuant to these provisions.
E.
The actual cost of a capital improvement expenditure excluding interest
and carrying costs may be recovered by a landlord over five consecutive
years in 60 equal monthly installments apportioned fairly among the
tenants. The Board may increase or decrease the foregoing period within
its discretion to effectuate the objectives of these provisions.
F.
To qualify for a capital improvement, the landlord shall obtain a
capital improvement application from the Rent Regulation Officer.
The following information shall be filed with the application (incomplete
applications shall automatically be denied):
[Amended 11-27-2023 by Ord. No. 30-2023]
(1)
A current rent registration form with the registered rents for the
premises in which the landlord seeks capital improvement relief with
a list of the names and apartment numbers of each tenant.
(2)
A certification from the Tax Collector that the municipal property
taxes at the premises are current. All taxes must be current to be
eligible for capital improvement relief.
(3)
A certification from the Water Department that the water and sewer
charges at the premises are current. All water and sewer charges must
be current to be eligible for capital improvement relief.
(4)
A certification or other verifiable proof of the actual life of the
capital improvement and a description thereof.
(5)
A work schedule indicating the approximate dates work is to be done
and completed; also a reasonable estimate of the interruption of any
essential services.
(6)
A certification from all contractors that they are licensed to perform
the work to be done, with applicable license numbers.
(7)
All work done on the premises must be conducted with the appropriate
local approval as evidenced by permits and compliance with fire and
other code regulations of the City.
G.
Once a capital improvement application has been filed and accepted
as complete by the Rent Regulation Officer, the landlord shall give
notice to the tenants by certified mail, return receipt requested,
and by posting notices throughout the premises in conspicuous places
that an application has been filed with the Rent Regulation Officer
for capital improvement relief. After the application is filed, the
Rent Regulation Officer shall cause the premises to be inspected for
property maintenance code violations.
H.
Hearing.
[Amended 11-27-2023 by Ord. No. 30-2023]
(1)
Once the Rent Regulation Officer determines that all necessary documents
have been received and completed, the Administrator to the Board shall
schedule a hearing before the Board and notify the landlord thereof.
The landlord shall give notice to the tenants of the hearing date
and time by certified mail, return receipt requested, and by posting
notices throughout the premises in conspicuous places 15 days prior
to the hearing date. The notice shall also state that the basis for
the relief sought and the date when written exceptions to the application
shall be filed, that the tenants may be represented by named tenant
representatives or an attorney at their expense, and that all documentation
submitted in support of the application will be open for inspection
by the tenants or their representatives at the Rent Control Office
prior to the hearing date. Once the notices have been delivered and
posted, the landlord shall file a certification with the Rent Regulation
Officer and the Administrator to the Board 10 days prior to the hearing,
indicating that notice has been given in compliance with these provisions.
(2)
Any request by the landlord or tenant for the appearance of the real
estate appraiser shall be made, in writing, to the Administrator to
the Board 10 days prior to the hearing date. Failure to request the
presence of the appraiser shall be deemed a waiver of the right to
cross-examine him/her by the aggrieved party at the hearing.
I.
The Board shall review all relevant information regarding the capital
improvement request before making a decision. The Board, in making
its decision, shall assess the capital improvement surcharge to the
tenants. All capital improvement decisions granted by the Board are
contingent upon the successful completion of all work to be done.
The landlord shall notify the Rent Regulation Officer immediately
once the work is completed. The Rent Regulation Officer shall cause
the premises and work to be inspected for final approval by the Board.
The Board may schedule another hearing in the event that the work
is determined by the Rent Regulation Officer to be unsatisfactory.
In any event, all capital improvement surcharges shall be assessed
within 60 days after final approval by the Board. Once the capital
improvement is approved, the landlord must file an amended rent roll
registration with the Department of Property Maintenance, separately,
indicating the capital surcharge information with the current rent
roll registration.
J.
The Board may deny any capital improvement application where it determines
that a landlord has willfully neglected the upkeep and maintenance
of his premises or where the landlord has failed to comply with the
provisions hereinabove. The Board may also make capital improvement
relief decisions contingent upon a landlord's making all necessary
repairs to bring a premises up to code within a specified period of
time.
A.
A landlord who is unable to meet his mortgage payments, expenses
and maintenance costs or is operating at a loss shall be entitled
to apply for a hardship increase to the Rent Control Board. The Rent
Control Board shall supply forms for this purpose and require the
landlord to notify the tenants of the pendency of this hardship increase
application. A landlord is only permitted to apply for either a capital
improvement surcharge, hardship increase or rent decontrol in a given
calendar year that impacts the same unit. The Rent Regulation Officer
and Rent Control Board shall consider the first application and shall
automatically deny the remaining applications in the same calendar
year.
[Amended 11-27-2023 by Ord. No. 30-2023]
B.
Prior to any determination, the landlord must give notice to the
tenants by posting in the lobby of each affected building or, if no
lobby, in a conspicuous place or places in and about the premises
a notice of said hardship increase request, setting forth thereon
the basis for said request. Said notice must be posted for at least
five consecutive days prior to the proposed hearing date. The affected
tenants shall have a right to challenge the basis or facts for the
hardship increase on the hearing date thereof. The Rent Control Board
shall have the right after notice and hearing to grant or deny a hardship
increase with regard to the rental restrictions set forth in this
chapter or its amendments.
C.
Fees. There shall be a fee assessed for the filing of each hardship
and capital improvement application in accordance with the following
schedule:
(1)
For 10 units or fewer, a fee of $150 shall be paid simultaneous with
the filing of said application.
(2)
For 11 to 20 units, a fee of $300 shall be paid simultaneous with
the filing of said application.
(3)
For 20 or more units, a fee of $400 shall be paid simultaneous with
the filing of said application.
D.
The Rent Control Board shall make a determination within 45 days of the filing of a completed hardship application as defined in § 218-4. Any application that does not meet the criteria set forth in the definition of "completed hardship application" in § 218-4 shall be returned to the applicant and automatically denied.
[Amended 11-27-2023 by Ord. No. 30-2023]
All required notices hereinabove mentioned, except as otherwise
provided, may at the option of the landlord be either hand-delivered
and personally served by the landlord or his agents and employees
or delivered by certified mail, return receipt requested. In any event,
the burden of proof of actual delivery shall be on the landlord.
[Amended 4-9-2018 by Ord.
No. 9-2018]
A.
A willful
violation of any provision of this chapter, including but not limited
to the willful filing with the Rent Control Board of any material
misstatement of fact, shall be punishable by a fine of not less than
$300 and not more than $2,000 per day and imprisonment for not more
than 120 days, or by both fine and imprisonment. A violation affecting
more than one leasehold shall be considered a separate violation as
to each leasehold. All violations of this chapter shall be prosecuted
in the Municipal Court of the City of East Orange upon a complaint
and summons signed by either the affected tenant, his authorized agent,
the Chairman of the Rent Control Board or its agent(s) or the Rent
Regulation Officer.
B.
The City of East Orange adopts the State of New Jersey's Reprisal
Law, which prohibits a landlord from retaliating against a tenant
exercising a legal right under the law. This section shall be consistent
with the terms highlighted under said law, N.J.S.A. 2A:42-10.10 et
seq.
The owner of any building or structure who seeks to convert
any premises shall, prior to his filing of the application for registration
of conversion with the Department of Community Affairs, notify the
Rent Regulation Officer of his intention to so file.
A.
The owner of the building or structure seeking the conversion shall
supply the Rent Regulation Officer with a list of every tenant residing
on the premises, with stamped envelopes addressed to each tenant and
with sufficient copies of the notice to tenants and application form
for protected tenancy status. Within 10 days thereafter, the Rent
Regulation Officer shall notify each tenant, in writing, of the owner's
intention and of the applicability of the Act. Said notice shall require
the tenant to submit the application for protected tenancy status
within 60 days after the mailing date by the Rent Regulation Officer.
B.
Within 30 days after receipt of an application for protected tenancy
status by a tenant, the Rent Regulation Officer shall make a determination
of eligibility. Notice of eligibility shall be sent to each senior
citizen tenant or disabled tenant who:
(1)
Applied therefor on or before the date of registration of conversion
by the Department of Community Affairs;
(2)
Qualifies as an eligible senior citizen or disabled tenant pursuant
to the Act;
(3)
Has an annual household income that does not exceed an amount equal
to three times the county per capita personal income, as last reported
by the United States Department of Labor and Industry on the basis
of the United States Department of Commerce's Bureau of Economic Analysis
date; and
(4)
Has occupied the premises at his/her principal residence for the
past two years.
C.
The Rent Regulation Officer shall likewise send a notice of denial
with reasons to any tenant whom he/she determines to be ineligible,
after reviewing the aforegoing factors and provisions, which shall
be used as a criterion for eligibility. The owner shall be notified
of those tenants who are determined to be eligible and ineligible.
Protected tenancy status shall not be applicable to any eligible
tenant until such time as the owner has filed his conversion recording.
The protected tenancy status shall automatically apply as soon as
a tenant receives notice of eligibility and the landlord files his
conversion recording.
A.
The Rent Regulation Officer shall terminate the protected tenancy
status immediately upon finding that:
(1)
The dwelling unit is no longer the principal residence of the senior
citizen tenant or disabled tenant; or
(2)
The tenant's annual household income, or the average of the tenant's
annual household income for the current year, computed on an annual
basis, and the tenant's annual household income for the two preceding
years, whichever is less, exceeds an amount equal to three times the
county per capita personal income as last reported by the Department
of Labor and Industry on the basis of the United States Department
of Commerce's Bureau of Economic Analysis data.
B.
Upon the termination of the protected tenancy status by the Rent
Regulation Officer, the senior citizen tenant or disabled tenant may
be removed from the dwelling unit pursuant to the summary dispossession
statute, except that notice shall be calculated and extended from
the date of the expiration or termination of the protected tenancy
period or the date of the expiration of the last lease entered into
with the senior citizen tenant or disabled tenant during the protected
tenancy period, whichever shall be later.
C.
In the event that a senior citizen tenant or disabled tenant purchases
the dwelling unit he occupies, the protected tenancy status shall
terminate immediately upon purchase.
[Amended 11-27-2023 by Ord. No. 30-2023]
Any owner seeking to convert any premises pursuant to this chapter
shall, upon presentation to the Rent Control Board of the required
materials under this chapter for notification to be given to the tenant,
shall pay to the East Orange Rent Control Board the sum of $100 for
each unit being converted.
A.
Meetings.
(1)
The Rent Control Board (hereafter "Board") shall meet for one public
session and one executive session each month.
[Amended 11-27-2023 by Ord. No. 30-2023]
(2)
The Board may meet at such additional times in public session and/or
executive session as it may deem necessary.
(3)
To convene a meeting, a quorum of four members must be present.
(4)
Board meetings shall take place in the Council chambers of the City
Hall and shall convene no earlier than 7:00 p.m. on the first and
third Thursday of each month.
(5)
Robert's Rules of Order, Revised, shall in all cases, when not in
conflict with the procedural rules adopted by the Board, be considered
as standard authority for parliamentary procedure of the Board.
B.
Officers.
(1)
The Board shall elect a Chairperson and a Vice Chairperson who shall
serve for one-year terms.
(2)
The Chairperson of the Board shall preside at all meetings, whether
the same are public or executive session.
(3)
The day-to-day business and affairs of the Board shall be managed
by the Administrator to the Board and his/her administrative staff,
in consultation with the Chairperson of the Board.
(4)
During the absence and/or inability of the Chairperson to render
and perform his/her duties or exercise his/her powers, the same shall
be performed and exercised by the Vice Chairperson.
(5)
The Chairperson shall have general control of the meetings and shall
sign all determinations, along with the Administrator, duly made by
the Board. He/she shall enforce these rules and regulations and perform
all the duties incident to the position as may be required.
C.
Order of business at public meetings. At all public meetings of the
Board, the order of business shall be as follows:
(1)
The Chairperson shall conduct a roll call of all members present,
and declare that a quorum is present.
(2)
Announcement of decisions deferred or taken under advisement from
previous meetings of the Board.
(3)
The meeting shall be called to order by the Chairperson, who thereafter
shall:
(b)
Introduce the Board members, both present and absent;
(c)
Introduce the Rent Regulation Officer and counsel of the Board;
(d)
Set forth the procedural protocol for the hearing of complaints
and hardship applications;
(e)
Call calendar of current cases;
(f)
Call cases to be heard before the Board, in the order in which
they are ready to proceed;
(g)
Informational requests from the floor (public comments); and
(h)
Adjournments.
(4)
Witnesses called before the Board shall affirm the truth of such
testimony before the Board.
(5)
The Board shall maintain records and minutes of all meetings and proceedings pursuant to § 218-3 of the Rent Control Ordinance (hereafter "this chapter"). Applicants are advised that if it is anticipated that a verbatim record may be necessary for the purposes of appeal, the applicant shall be responsible for retaining its own certified shorthand reporter, as such service will not be available from the Board.
[Amended 11-27-2023 by Ord. No. 30-2023]
(6)
For the purposes of voting, a majority vote shall consist of a simple
majority of those present and voting.
D.
Complaint; probable cause; joinder.
(1)
A tenant shall initiate a proceeding by signing a complaint in a
form as adopted and amended from time to time by the Board. All complaints
shall be filed with the Rent Regulation Officer. Said tenant complaint
must be filed personally or by an authorized representative of the
tenant.
(2)
Hardship and capital improvement rent increase proceedings may be
initiated by the filing of a written application in a form as adopted
and amended from time to time by the Board, signed by the landlord
or his managing agent or attorney. Said hardship and capital improvement
rent increase applications shall be submitted to the Rent Regulation
Officer.
(3)
A complaint form filed by a tenant shall be accompanied by the following
documentation. Failure to supply said documentation with the complaint
shall constitute a basis for excluding the same from consideration
by the Board, and said application shall be considered incomplete
and denied.
[Amended 7-24-2023 by Ord. No. 15-2023; 11-27-2023 by Ord. No. 30-2023]
(4)
The Administrator shall notify the landlord of a complaint of an
alleged improper rental increase and forward a copy of said complaint,
together with all pertinent documentation. The landlord shall respond
within 10 days of any receipt of the above, outlining any defenses
and submitting any pertinent documentation.
E.
Decisions.
(1)
A written notice of final determinations of all cases requiring a
public hearing shall be sent to the complainant and the defendant.
This notice will be sent following the public hearing at which the
final determination has been made. Both the complainant and defendant
will be advised of their rights to a judicial appeal.
(2)
All determinations by the Board shall be a matter of public record
and shall be maintained in City Hall.
F.
Hardship applications under § 218-17.
(1)
In determining whether a landlord is entitled to a hardship increase,
the Board shall consider the landlord's ability to meet expenses and
a fair and reasonable return on his/her property.
[Amended 11-27-2023 by Ord. No. 30-2023]
(2)
A landlord shall be eligible for consideration for a hardship increase
if:
(a)
He/she has been the owner of the building for a twelve-month
period preceding the filing of such application. The Board may consider,
at its discretion, applications presented for the owners of buildings
who have held possession of such buildings for less than 12 months.
Certified public accountants' records must be submitted with said
application, and the Board may consider all reasonable factors as
to the prudence of said investment in determining whether or not a
hardship shall be granted; and
(3)
The following factors shall be considered in determining the fairness
and reasonableness of the landlord's rate of return:
(4)
Upon scheduling of hearings, the Administrator shall give notice
of the same to each affected tenant, five days prior thereto. All
documentation submitted to the Administrator shall be open to inspection
by affected tenants or their legal representative. Any such notice
delivered to the tenant shall include a statement that all such documentation
is available for inspection at the office of the Rent Regulation Officer.
Requests for the appearance of the real estate appraiser shall be
made, in writing, to the Administrator of the Board, two days prior
to the hearing date. Failure to request the presence of said appraiser
shall be deemed to have waived the right of his cross-examination
by the party.
[Amended 11-27-2023 by Ord. No. 30-2023]
(5)
The Board, in calculating a fair rate of return, shall employ either
an investment-based formula or a ratio of income to operating expenses,
as follows:
(a)
"Investment" is defined as down payment plus all accrued equity.
Rate of return shall be 6% above the maximum passbook demand deposit
savings account interest rate available in the City of East Orange
at the time of the filing of the application. Principal payments shall
not be considered an expense, but interest payments shall.
(b)
A "fair ratio of income to expenses" shall be defined as the
60/40 formula (when an owner's operating expenses exceed 60% of the
owner's rent roll, the amount which exceeds 60% constitutes a hardship).
(6)
The Board may reduce the investment figure where there is a withdrawal
of capital.
(7)
Depreciation shall not be considered an expense in any formula.
(8)
The Board, at its discretion, shall utilize whichever formula it
deems appropriate. The Board may exercise its discretion after consideration
of any and all factors it deems relevant. Furthermore, the Board shall
determine the reasonableness of expenses requiring such determination
as it deems necessary to make a determination.
G.
Establishment of protected tenancy Appeal Board and procedure.
(1)
There is hereby created an Appeal Board, composed of one landlord
Board member, one tenant Board member and the homeowner Board member.
Said Board shall hear appeals as a result of the disallowance of the
eligibility/ineligibility status rendered by the Rent Regulation Officer.
The Mayor shall appoint the landlord and tenant Board members to serve
on the Appeal Board. Appointment of said Board will be on a voluntary,
monthly rotating basis.
[Amended 11-27-2023 by Ord. No. 30-2023]
(2)
Said Board shall convene 10 days after written notice of appeal is
received and filed by the Rent Control Office.
[Amended 11-27-2023 by Ord. No. 30-2023]
(3)
There shall be a filing fee of $25 assessed to the applicant, in
advance, to cover the expenses of such a hearing process. Said filing
fee is a prerequisite to filing an appeal.
(4)
An administrative hearing shall be conducted under the herein subject
Rules and Regulations.
A.
Upon the vacation of a residential unit by a tenant, the unit shall
become eligible for decontrol. A landlord is only permitted to apply
for either a capital improvement surcharge, hardship increase or rent
decontrol in a given calendar year that impacts the same unit. The
Rent Regulation Officer and Rent Control Board shall consider the
first application and shall automatically deny the remaining applications
in the same calendar year.
[Amended 11-21-2016 by Ord. No. 53-2016; 11-27-2023 by Ord. No. 30-2023]
B.
Circumstances under which decontrol shall be considered.
(1)
The landlord shall be eligible for decontrol only under the following
circumstances:
(a)
The tenant vacates the apartment voluntarily, and there is no
unreasonable pressure from the landlord or his agent.
(b)
The tenant vacates the apartment as a result of a court order
from a court of competent jurisdiction. This ground shall not be available
to a landlord who receives a court order to dispossess a tenant based
upon a tenant holding over and continuing in possession of the premises
after the expiration of his/her term.
(2)
The Rent Regulation Officer shall investigate the circumstances under
which the tenant vacated the apartment. Issues concerning circumstances
of the vacation of a unit by a tenant which are deemed contrary to
the provisions of this section by the Rent Regulation Officer shall
be reviewable by the Rent Control Board. In the event that the Board
determines that a landlord is seeking to decontrol or has decontrolled
a dwelling unit under circumstances other than those set forth in
this section, the Rent Control Board may:
[Amended 11-27-2023 by Ord. No. 30-2023]
C.
In those situations where tenants move to different units within
the same building or complex, the apartment into which the tenant
moves will not be decontrolled. The unit vacated will be eligible
for decontrol.
D.
When a landlord seeks to decontrol a dwelling unit under this section,
the landlord shall file a vacancy decontrol application, with the
applicable fee, with the Rent Regulation Officer prior to the effective
date of the new tenancy. All decontrol applications shall be decided
within 60 days from the date the application is filed with the Rent
Regulation Officer.
[Amended 11-21-2016 by Ord. No. 53-2016; 11-27-2023 by Ord. No. 30-2023]
(1)
Before the dwelling unit is approved for a certificate of decontrol,
the landlord shall meet the following inspection requirements:
(a)
There must be standard locks on all doors of ingress and egress
in accordance with the applicable code provisions in the building
and the subject dwelling unit.
(b)
Floors, if wood, shall be sanded and refinished to their original
color and condition, or wall-to-wall carpet shall be installed throughout
the unit.
(c)
Kitchen and bathroom floors shall be tiled or of water-resistant
material and reflect their original color and condition.
(d)
All walls and ceilings shall be painted, covered or decorated
to reflect original or modern styles.
(e)
Kitchens shall contain a minimum of four electrical outlets
for appliances and other kitchen usage. The sink, stove and refrigerator
shall be operable and reflect original or modern styles. If the sink
is not cleanable, it shall be replaced.
(f)
Bathrooms shall contain tub and/or a shower, commode and face
basin reflecting original or modern styles. If any of the foregoing
fixtures are not operable and cleanable, they shall be replaced.
(g)
All windows shall be weathertight and workable. All windows
shall be properly glazed and free of cracks or breaks. Screens shall
be available during the required time of the year.
(h)
All tenant facilities shall be in proper working order and clean,
which shall include bells, buzzers, intercoms, elevators, laundry
rooms, garbage rooms and storage rooms, where necessary.
(i)
All common areas throughout the building shall reflect original
or modern styles and be free from any damage, cracks, peeling paint,
dirt and debris.
(j)
Garages shall be maintained in accordance with applicable code
provisions. Driveways and parking areas shall be properly lit and
marked for parking and free from breaks and holes or any other ground
hazard which may exist in the parking area.
(k)
All utilities shall be operational at the time of inspection.
A functioning stove and refrigerator shall be in the unit at the time
of inspection.
(l)
At the time of inspection, there shall be no open code violations
throughout the common areas of the building or premises where the
unit is located.
(m)
At the time of inspection, the exterior of the premises shall
be free of peeling paint on the building and building trim. All painting
shall be in reasonable condition.
(2)
After the foregoing inspection requirements are met, the Director
of Property Maintenance and Revitalization shall cause a certificate
of decontrol to be issued for the dwelling unit. If there are violations
of the foregoing inspection requirements, the landlord shall be given
a thirty-day compliance period to correct the violations. If the violations
are not completely corrected at the expiration of the compliance period,
the decontrol application shall be denied. If there are health and
safety code violations associated with the unit or the common areas
of the property at the time the application is submitted, the decontrol
application shall be denied, and no inspection shall be given for
the unit seeking to be decontrolled. If a decontrol application is
denied, for any reason, the landlord shall be prohibited from submitting
a new decontrol application for a period of six months from the date
of denial.
(3)
Any dwelling unit decontrolled pursuant to the foregoing shall be subject to the provisions of this chapter for rent-controlled dwelling units. After the certificate of habitability/decontrol is issued, the landlord shall register his rents pursuant to § 218-14 of this chapter. All dwelling units decontrolled prior to the effective date of this section shall also be registered pursuant to § 218-14 and be subject to the provisions of this chapter for rent-controlled dwelling units. In addition, any dwelling unit decontrolled in accordance with the foregoing provisions shall not be eligible for decontrol for 10 years from the issuance of the certificate of habitability/decontrol for the unit.
(4)
Notwithstanding the foregoing, should inspection requirements not
be met, any subsequent inspection shall include an additional fee
of $50 for each inspection. The landlord shall only be afforded the
initial inspection and the reinspection at the conclusion of the thirty-day
compliance period. No other inspections shall be provided for a single
decontrol application.
E.
The landlord of a newly constructed dwelling or housing unit which
is rented for the first time and the landlord of a substantially reconstructed
or rehabilitated dwelling or housing unit shall not be restricted
in any way in the setting of the rent he/she charges. "Substantially
rehabilitated" means that the cost of capital improvements exceeds
50% of the current equalized assessed value or the fair market value,
whichever is higher, prior to the improvements adjusted to 100% (as
determined by the local Tax Assessor's office) and is in compliance
with all City housing maintenance codes. Further, all work done on
the structure must have been with appropriate local approval as evidenced
by permits, and the complete construction must be in accord with building,
fire and other code regulations. Both a certificate of habitability
and a certificate of code compliance must be produced as evidence.
All exemptions shall be approved by the Rent Regulation Officer, Rent
Control Board and City Council. Once all approvals are obtained, the
Rent Regulation Officer shall issue a certificate of exemption to
the landlord.
[Amended 11-27-2023 by Ord. No. 30-2023]
F.
The owner of a substantially reconstructed or rehabilitated building
shall apply to the Rent Leveling Board for an exemption under this
section. Applications must follow the same format and procedure as
for a capital improvement application.
G.
The landlord of a newly constructed or a substantially reconstructed
or rehabilitated dwelling or housing unit shall be exempt from the
restrictions for the setting of rent he/she charges during the term
of any first mortgage secured from a financial institution or mortgage
institution. Said first mortgage shall be an amount not less than
75% of the estimated market value at the completion of the subject
construction. The landlord shall submit evidence, the first day of
September every year, from the financial or mortgage institution that
the first mortgage is still secured. Failure to submit this documentation
in the time frame contained herein to the Rent Regulation Officer
may result in the certificate of exemption being rescinded by the
Rent Regulation Officer.
[Amended 11-27-2023 by Ord. No. 30-2023]
[Amended 11-27-2023 by Ord. No. 30-2023]
Tenants of a multidwelling unit may present to the Rent Control
Board a written petition signed by a majority of the tenants and consented
to by the landlord of the property agreeing to a specific rent surcharge
for a specific purpose or project. Said petition shall provide for
the landlord's permission to permit the tenants' representative to
review the expenditures involved for the particular purpose or project
surcharge. Upon approval by the Rent Control Board, the cost shall
be a surcharge and become a part of all the tenants' rents in the
property whether the individual tenant executed the petition or not.
Each dwelling unit shall be considered a single tenant for the purposes
of this section. If the aforementioned surcharge is approved by the
Rent Control Board, the surcharges shall run for a period of one year.
Said surcharge shall be renewed for an additional year unless a petition
for discontinuance of the surcharge is signed by a majority of the
tenants and filed with the Rent Control Board at least 60 days prior
to the expiration date of the approval order of the Rent Control Board.
A.
Any dwelling unit subject to rent control under this chapter shall
be rented and occupied by a new tenant within 60 days after the end
of the preceding tenancy, which shall be designated as the last day
of residence by the preceding tenant except when this provision has
been waived by the Rent Regulation Officer.
B.
The landlord of any dwelling unit which is vacant 30 days after the
preceding tenancy shall notify the Rent Regulation Officer on the
31st day of the vacancy, in writing, that the dwelling unit is vacant.
The notification shall include the following information:
C.
Failure to have the unit rented and occupied within 60 days after the end of the preceding tenancy, except where a waiver has been granted by the Rent Regulation Officer, shall be considered a violation of this provision and subject the landlord to the penalties set forth in § 218-20.
D.
A landlord may seek a waiver of the provisions of § 218-29A where the condition of the unit or other circumstances make rental within the time period impossible.
E.
To obtain a waiver the landlord must notify the Rent Regulation Officer,
in writing, within 45 days from the end of the preceding tenancy and
set forth with specificity the following:
F.
Full documentation, such as code violation reports, engineering or
inspection reports, etc., shall be provided by the landlord. Any waiver
granted by the Rent Regulation Officer under this section shall specify
a date by which the unit shall be rented and occupied. The Rent Regulation
Officer may extend that date upon written request of the landlord
but may not provide more than two extensions of more than 30 days.
In no event shall any waiver, including extensions, exceed six months
from the end of the preceding tenancy.
G.
The following circumstances shall constitute grounds for granting
of a waiver by the Rent Regulation Officer:
(1)
The landlord wishes to maintain a vacant unit in order to reserve
said unit for a family member. The owner shall provide in the waiver
request full documentation, such as the name of the future tenant
and the date of occupancy.
(2)
A landlord wishes to maintain a vacant unit in order to improve the conditions of said unit pursuant to § 218-27.
(3)
A landlord maintains a vacant unit in order to correct code violations
in said unit. The owner shall provide in the waiver request full documentation,
such as code violation reports, correction plans, permits and the
date by which the unit shall be rented and occupied.
(4)
A landlord demonstrates that reasonable efforts have been made to
rent a dwelling unit without success.
H.
Any tenant living at premises where a dwelling unit is vacant, civic
organizations or municipal, state or federal agencies may petition
the Rent Regulation Officer to investigate alleged violations of these
provisions.
I.
Any landlord of any unit which has been vacant 30 days or more from
the end of the preceding tenancy as of the effective date of this
chapter shall be required to file the notifications required under
the foregoing provisions of this chapter within 30 days of the effective
date of this chapter.
J.
The Rent Regulation Officer shall issue a summons for any violation
of any provision of this section.
If a landlord is found to have been in violation of §§ 218-8B, 218-9, 218-10, 218-11, 218-12 and 218-14, then the tenant shall have a remedy to have the rent calculated in accordance with the last registered rent, plus the applicable percentage increase for each year as provided for in this chapter. [Example: Current tenant, year 2010: last registered rent is $600 in 2008. Tenant's rents shall be calculated at $648 for 2010. New tenant, year 2010: last registered rent at $600 in 2008. Tenant's rents shall be calculated at $648 for 2010 ($600 plus 4% for 2009 and 5% for 2010) if a five-percent increase is deemed the appropriate new tenant increase pursuant to the provisions of § 218-8B of this chapter.]
Prospectively, upon renewal of a lease or upon entering a new
lease, the landlord shall include a provision in the lease agreement
limiting fees for payment of rent by the tenant more than five days
late to a maximum of $50 and limiting fees for bounced checks to a
maximum of $35.
[Added 5-14-2018 by Ord.
No. 24-2018; amended 12-9-2019 by Ord. No. 46-2019]
A.
Restrictions
on landlords.
(1)
A landlord shall not enter into a residential lease, renewal or extension
agreement that limits the acceptable medium of rental payment. As
such, tenants may pay their rent via cash, personal check or money
order. Tenants may agree to remit payment in alternative mediums such
as debit cards, credit cards or via a cash payment application, provided
that the tenant does not incur any additional costs or fees in effectuating
the payment. Irrespective of the medium of payment, this provision
shall not be construed so as to require a landlord to accept payment
via a credit card, debit card or cash payment application.
(2)
Landlords are also prohibited from entering into a residential lease,
renewal or extension agreement that requires the tenant to make rental
payments at any physical location outside of the building in which
the tenant resides. This provision shall not be construed so as to
prevent provisions that require the payment of rent via mail.
(3)
A landlord may refuse to accept payment from a tenant via a personal
check if the tenant has provided the landlord with checks drawn on
accounts with insufficient funds on at least two prior occasions.
B.
All
persons that lease dwelling units within the City of East Orange shall
provide rental receipts to all tenants reflecting rent that has been
paid. Receipts shall be provided either via email, regular mail or
hand delivery within seven days of the receipt of payment. They shall
also keep a record of said receipts on file at their listed business
address for review upon request by the rental officer.
If any section, subsection, paragraph, sentence or any other
part of this chapter is adjudged unconstitutional or invalid, such
judgment shall not affect, impair or invalidate the remainder of this
chapter, but shall be confined in its effect to the section, subsection,
paragraph, sentence or other part of this chapter directly involved
in the controversy in which such judgment shall have been rendered.
This chapter, being necessary for the welfare of the City of
East Orange and its inhabitants, shall be liberally construed to effectuate
the purposes thereof.
