[HISTORY: Adopted by the Township Committee of the Township
of Wall as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-1978 as Secs. 8-1 and 8-2 of the Revised General Ordinances;
amended in its entirety 12-22-2009]
As used in this article, the following terms shall have the
meanings indicated:
See definition of "manufactured home" in Chapter 140, Land Use and Development Regulations.
No person shall operate or conduct a mobile home park within
the territorial limits of the Township, except in conformity with
this article and without first obtaining a license therefor, as hereinafter
provided.
Any person desiring to obtain a license to operate or conduct
a mobile home park shall make application therefor to the Township
Clerk, which application shall be accompanied by a plan or map of
the land and premises intended to be used as a mobile home, which
such map shall set forth in detail the proposed trailer sites, the
location and size of the utility building and the location and size
of the septic tank or tanks.
The application shall also be accompanied by a fee of $750,
which shall be the yearly fee commencing with January 1 of each year.
In addition to the license fee of $750 paid upon issuing of
the license, the licensee shall pay the sum of $5 per month for each
mobile home space occupied by any mobile home.
On or before the 10th day of January, April, July and October
of each year, the licensee shall file with the Township Clerk, on
a form furnished by the Clerk, a return under oath stating the number
of mobile home spaces occupied by the mobile homes in his mobile home
park during each of the preceding three calendar months, and state
or territory which issued the license plates for each mobile home,
and accompanying mobile home and the license number thereof, and the
name and address of each mobile home owner. At the time of the filing
of said return, the licensee shall pay to the Township Clerk $5 for
each month for each mobile home space which is shown by the report
or occupied by a mobile home.
If on January 10 of any year the return is not made for the
preceding calendar months, which would be the last three months of
the previous year, and the payment required thereunder is not paid,
then failure to make the report or to pay such monies shall constitute
a violation of the then existing license the same as though the license
fee so required to be paid were a part of the year for which the license
is issued.
The established fee paid for each mobile home space occupied
for the time aforesaid shall be a part of the license fee to be paid
by the licensee operating the mobile home park, and failure to make
the return and failure to pay such additional part of the license
fee shall constitute a violation of this article, and, in addition
to the penalties imposed herein, the license may be revoked by the
Mayor and Township Committee.
Upon receipt of the application, plan and license fee, the Clerk
shall issue a license permitting the operation of a mobile home park
on the premises shown on such plan, provided that same conforms to
the provisions of this article.
All licenses issued pursuant to this article shall expire on
December 31 succeeding its issuance.
The fee for transfer of mobile home park licenses shall be $25.
This article is not intended to nor shall apply to any trailer
not used as a dwelling, sleeping place or living or business quarters.
It shall be the duty of the licensee to keep a register containing
a record of all mobile home owners and occupants located within the
park. The register shall contain the following information:
The licensee shall keep the register available at the licensed
premises for inspection at all times by law enforcement officers,
public health officials and other officials whose duties necessitate
acquisition of the information contained in the register. The register
records shall not be destroyed for a period of three years following
the date of registration.
No person shall park any mobile home at any licensed mobile
home park except on a mobile home site as shown upon the plan filed
with the application, and no person who operates a mobile home park
shall permit, suffer or allow to be parked at his mobile home park
any mobile home except on a mobile home site as shown on the plan,
and no person shall park any mobile home in the Township except upon
premises which conform to the provisions of this article.
Each mobile home park shall be equipped with its own supply
of running water, and, where the mobile home park is within an area
of the Township in which water service is available, the same shall
be connected to a public water main. If water for use of occupants
of trailers is secured from a well, a water storage tank of at least
25 gallons capacity for each mobile home site, maintaining a pressure
of at least 20 pounds for each outlet, shall be installed.
Each mobile home shall be required to connect to sewer service
where available. Where sewer service is not available, each mobile
home park shall be equipped with a septic tank having a capacity equal
to 50 cubic feet per trailer site, which shall be maintained on the
licensed premises and be constructed in conformity with the regulations
of the Township Board of Health. This requirement shall be in addition
to the septic tank required for public toilet and laundry facilities.
Each row of mobile homes shall be separated by a driveway having
a width of 30 feet or more.
The mobile home park owner shall be responsible for garbage
and trash collection and removal from the premises not less than twice
a week.[1]
No license for a mobile home park shall be issued until such
time as the Township Clerk receives a certification from the Tax Collector
that all real property taxes and assessments pertaining to the property
on which the mobile home park is located are current and that no such
taxes or assessments are then due and owing.
A.
The mobile home park owner shall be responsible for clearing snow
from all streets within 24 hours after the end of the snowstorm.
B.
In the event that it becomes necessary for the Township Committee
to authorize the plowing of streets within a mobile home park, the
same shall be done under the direction of the Department of Public
Works, which will certify the cost thereof to the Township Committee,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against the lands. The amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form a part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as other taxes and to be collected and enforced by the same officers
and in the same manner as taxes.
C.
A copy of a signed contract between the mobile home park owner and
a firm with at least three years experience in snow removal shall
be provided to the Township prior to the renewal of any annual mobile
home park license. The term of the contract shall cover at least the
license term and shall require snow removal within 24 hours of a storm's
end when a snowfall of at least three inches occurs.
D.
In addition to the foregoing, any person convicted of violating this
section shall be subject to a fine up to $1,000.
The mobile home park owner shall be responsible for maintaining
all streets and roadways within the mobile home park.
The mobile home park owner shall be responsible for providing
street lighting within the mobile home park during the period commencing
1/2 hour before sunset and ending 1/2 hour after sunrise. Illumination
times shall be adjusted within one week of daylight saving time/standard
time adjustment. Street lighting in new communities shall comply with
all Township ordinances.
The mobile home park owner shall be responsible for all trees,
plants, shrubbery or landscaping beyond a ten-foot perimeter of any
individual mobile home except where the trees, plants, shrubbery and
landscaping were added to the mobile home site by the individual mobile
home residents. Mobile home owners shall care for and maintain landscaping
within a ten-foot perimeter around his or her mobile home.
[Amended 11-22-2011 by Ord. No. 27-2011]
A.
The mobile
home park owner shall be responsible for the installation and maintenance
of water mains up to the individual water meter servicing each individual
mobile home. The mobile home owner shall be responsible for maintenance
of the water main from the water meter to the mobile home.
B.
The mobile
home park owner shall be responsible for the installation and maintenance
of electric service up to the point where the electrical service enters
the individual mobile home. The mobile home owner shall be responsible
for the maintenance, repair and replacement of the mobile home's electrical
service from the service point of entry into the mobile home. The
mobile home park owner shall be responsible for the maintenance, repair
or replacement of the underground conduit and wiring servicing the
mobile home park. This shall include the stabilization, backfilling
and resurfacing of areas disturbed by said service repairs.
C.
The mobile
home park owner shall be responsible for the installation and maintenance
of sanitary sewer service up to six inches above finished grade servicing
each individual mobile home. The mobile home owner shall be responsible
for maintenance of the sanitary sewer service from that point to the
mobile home connection.
[Adopted 11-8-1978 as Sec. 8-3 of the Revised General Ordinances; amended
in its entirety 12-22-2009 by Ord. No. 34-2009]
This article shall be known and cited as the "Mobile Home Park
Rent Stabilization Ordinance of the Township of Wall."
The following definitions shall apply to this article:
Fit for habitation as defined by the Code, ordinances and
regulations in the Township of Wall and occupied or unoccupied and
offered for rent.
Consumer price index, published periodically by the Bureau
of Labor Statistics, United States Department of Labor.
The mobile home park operator, owner or other person leasing
a mobile home space to a tenant.
Includes any lot or parcel of land and premises where the
owner, lessee, or other person having control thereof shall offer
sites for trailer or mobile homes or similar-type vehicles on a rental
or lease or other basis.
Includes that portion of a mobile home park rented, or offered
for rent, for the purpose of parking or positioning a trailer or mobile
home for living and dwelling purposes, to one or more individuals
or family units together with all the privileges, services, equipment,
facilities and improvements connected with the use or occupancy of
such portion of the property. Mobile home spaces which are newly constructed
and rented for the first time are exempted from the provisions of
this article, and the initial rent therefor may be determined by the
owner. All subsequent rents will be subject to the provisions of this
article. Any mobile home space occupied by a tenant who is an employee
of the landlord and the rental of which unit is customarily restricted
to employees of the landlord is exempted from the provisions of this
article. Where a mobile home space has been vacant for a period in
excess of 12 months, the rent therefor may be determined by the landlord,
and all subsequent rents will be subjected to the provisions of this
article.
Any natural person, or any partnership, limited partnership,
joint venture, association or corporation or other entity.
When used as a noun herein, shall mean the amount of valuable
consideration payable by the tenant to the landlord for the use or
occupancy of a mobile home space, whether or not commonly known as
rent, but does not include those several items set forth more particularly
in the definition of "rental income" hereof.
The payable rent charged and received for the mobile home
space over the previous twelve-month period exclusive of any of the
following: all real property taxes, space fees or license fee charged
by the Township of Wall pursuant to any duly adopted ordinance of
the Township of Wall and any cost of utilities (but only if the same
are provided by the landlord, and then only in an amount equal to
the minimum charge(s) for such service) and all increases for major
capital improvements then being paid by the tenant affected.
The rate charged for the sewerage or water service.
A.
Establishment of rents between a landlord and a tenant to whom this
article is applicable shall hereafter be determined by the following
provisions: At the expiration of the tenancy for a mobile home space,
no landlord may request or receive any increase in the rental income
and additional charges for that mobile home space from any continuing
tenant, which is greater than a combination of the following:
(1)
Any increased cost to the landlord for utilities;
(2)
Any increased cost to the landlord in mobile home space fees or license
fee (prorated among all of the tenants residing in the mobile home
park concerned) charged by the Township of Wall pursuant to any duly
adopted ordinance; and
(3)
Any amount equal to 8% of the previous twelve-month rental income
for the mobile home space or the percentage increase in the annual
average for All Urban Consumers (CPI-U) in the New York/New Jersey/Connecticut
Pennsylvania region for the year ending December prior to the date
of the application for rent increase, whichever amount shall be less.
Any continuing tenant at the termination of a tenancy shall not suffer
or be caused to pay any rent increase for the mobile home space in
any twelve-month period which exceeds the above permitted increase.
B.
This section does not apply to new tenants entering the park for
the first time. Rental rates for new tenants will be established and
noted in the annual application for rent increase. Those new rental
rates to be applied to a new tenant will be the rental rates used
by the landlord until the next application filed with the Rent Board.
C.
Replacement of an existing mobile home unit by the existing homeowner
will not cause the rent to increase. The size, type and style of the
mobile home unit must be approved by the landlord. N.J.S.A. 46:8C-2
precludes the landlord from requiring the use of any one particular
manufacturer.
A.
Rent increases, as authorized by this article, may be allowed only
if the mobile home park substantially complies with the Code of the
Township of Wall pertaining to mobile home and trailer parks and other
Township ordinances. As part of his application for any increase,
the landlord shall submit to the Board written certification that
he complies with the terms and provisions of the aforementioned Township
ordinances.
B.
Provide to the Board:
(1)
Name, address and telephone number of landlord and of his legal counsel,
if any.
(2)
Name, address and telephone number of managing agent and superintendent.
(3)
Address of mobile home or trailer units and tenants affected.
(4)
Base twelve-month rental figure with reference to which increase
shall be computed.
(5)
Calculations of the increases in rent expressed both in terms of
dollars and cents and in terms of percentage increase.
(6)
A certification that a copy of the aforesaid notice has been served
upon each tenant named in said notice along with a statement that
the tenant may make application to the Board to review the proposed
rental increase. At the same time that the Board is thus notified,
a copy of said notice shall be mailed by the landlord by certified
mail, return receipt requested, to any tenant who may be affected
by the increase applied for. Adequate proof of said service, which
shall be in affidavit form, shall be filed by the landlord with the
Secretary for the Board.
C.
The landlord shall indicate and certify with each application for
rent increase the monthly rent to be charged to any new tenant for
the next year. The Board shall review the application for rent increase
for the rent to be charged to the new tenant and approve or adjust
the rate of that rent. This applies only to new tenants and existing
units for their first 12 months of occupancy. Notwithstanding anything
to the contrary contained herein, a park operator or owner shall,
on or before January 31 of each year, provide to the Board written
notice of the amount charged during the preceding twelve-month period
to any new tenants that occupy space in that park. This provision
is intended to provide notice to the Board of new rentals and the
rents established for those new occupants.
D.
A tenant may be notified by other than certified mail, only if the landlord or his representative shall serve the tenant personally with the notice provided for herein, and certify by affidavit the fact of such service and retain such affidavit in his records to be produced upon request of the Board. Upon receipt of said notice and where the increase sought is based upon either § 153-29A(1) or (3), or both as contained hereinbefore in § 153-29, the Board shall schedule a hearing on said increase, and the landlord shall post in a conspicuous place in or about the mobile home or trailer park a notice of said hearing date at least five days prior to the proposed date of hearing. Where the increase sought is based upon only provision § 153-29A(2) herein, no hearing shall be scheduled and the increase shall become effective on the date specified in said notice if all other applicable provisions of this article are complied with.
E.
In order for a landlord to qualify for the vacancy decontrol rent increase which is permitted under § 153-29B herein, the landlord shall first be required to file with the Board a written statement signed by the vacating tenant together with an affidavit signed by the landlord certifying to the Board that the landlord has not in any way harassed or pressured the tenant into vacating the mobile home space and that the vacation of such space was a voluntary act of the tenant. For the purposes of this article, a vacation caused or necessitated by substandard, unsafe or unsanitary conditions on the rental premises shall not be deemed a voluntary vacation. Such noncoercion certification signed by the tenant shall not be required in order for a landlord to qualify for the vacancy decontrol rent increase if:
(1)
The increase to an incoming tenant does not exceed the total of all
permissible increases authorized by any other provision of this article;
or
(2)
The landlord files an affidavit with the Board certifying that the
tenant has moved from the unit without notification to the landlord,
and the landlord has made a good faith effort to obtain a noncoercion
certification from the tenant; or
(3)
The landlord files an affidavit that the tenant has vacated the unit
pursuant to a judicially mandated eviction; or
(4)
The tenant has refused to sign said certification and, upon appeal
by the landlord, the Board has found that such refusal was unwarranted
and that there was, in fact, no coercion exerted upon the tenant.
A hearing pursuant to this subsection shall be held before the Board
upon the landlord giving at least 15 days' notice to the vacating
tenant by either personal service or by certified mail.
F.
Should the Board determine, on the basis of a complaint or information
it has received, and following an investigation or review, that there
is probable cause to conclude that a vacancy resulting in a rental
adjustment or adjustments was obtained on the basis of coercion or
other misconduct by the landlord, the Board shall schedule a hearing
on 15 days' written notice to the landlord, in order to consider
whether the adjustment or adjustments should be rolled back as the
evidence, including sworn testimony, shall warrant. If the Board concludes
that the vacancy has resulted from the misconduct of the landlord,
the Board shall void all adjustments and rental charges made under
the provisions of this section retroactive to the date they were imposed.
G.
Where the mobile home park or the operator of the mobile home park
fails to substantially comply with this article, any tenant may apply
to the Board for a reasonable reduction in rent, commensurate with
any such noncompliance by the landlord, whereupon the Board shall
duly notify the landlord and schedule the matter for a public hearing
and, the landlord shall effect service of notice of said meeting in
accordance with the provisions of the preceding subsection. If, as
a result of such a hearing, a reasonable reduction in rent is granted,
it shall remain in effect until the landlord proves that the noncompliance
determined by the Board to exist has been corrected. If the Board
determines that the noncompliance affects a majority of the home sites,
the rent reduction may be extended to include all of the tenants in
the mobile home park.
Any rental income or additional charge increase at a time other
than at the expiration of a tenancy or termination of a periodic tenancy
shall be void, except where approved by the Board in accordance with
the provisions of this article. Any rental income or additional charge
increase in excess of that authorized by the provisions of this article
shall be void. Periodic tenancy, for the purposes of this section,
shall mean a tenancy that continues from month to month or other recurring
period until terminated by landlord or tenant as provided by law.
A tenant shall be entitled to a rent reduction from a landlord
because of a decrease in real property taxes or utilities or any decrease
in the trailer fees or license fees charged by the Township of Wall.
The reduction shall not exceed that amount authorized by the following
provisions:
A.
Where the decrease consists of a decrease in the municipal property
tax due to aid received from the state aid for schools fund and where
said decrease is subject to the provisions of Chapter 63, P.L. 1976
(N.J.S.A. 54:4-6.2 et seq.), as may be amended from time to time,
the landlord shall make such rebate and upon such terms as Chapter
63, P.L. 1976, provides.
B.
Where the decrease consists of a decrease in the real property taxes other than that decrease provided for in Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous year by the total number of occupied mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing from July 1 of each year. Any tenant entitled to a rent decrease hereunder shall be notified by the landlord by certified mail of the calculations involved in computing such reduction and the effective date of such reduction.
C.
Where the decrease consists of a decrease in utilities, trailer fees
or license fees, the landlord shall divide the decrease in the present
utilities, trailer fees or license fees over the utilities, trailer
or license fees of the previous year by the total number of occupied
mobile home spaces in the mobile home park to obtain the decrease
per space. The decrease each tenant is entitled to shall be a credit
to rent on 12 monthly installments commencing from the effective date
of said reduction. Any tenant entitled to a rent decrease hereunder
shall be notified by the landlord by certified mail of the calculations
involved in computing such reduction and the effective date of such
reduction.
A landlord shall be entitled to a rent surcharge for any increase
in real property taxes. Any landlord seeking a surcharge for real
property taxes shall notify the tenants by certified mail at least
30 days prior to the date of which said increase is to be effective
of the calculations involved, including the property tax for the mobile
home park for the previous year, and the increase in the present tax
over the tax for the previous year divided by the total number of
occupied mobile home spaces in the mobile home park. The tax surcharge
each tenant is liable for shall be paid in 12 monthly installments
commencing July 1 of each year.
A.
In the event a real property tax appeal is taken by the landlord
and the landlord is successful in said appeal and the taxes reduced,
the tenants involved shall, for the tax year concerned, receive 25%
of said reduction after the landlord's costs of securing said
tax reduction have been deducted. The landlord shall receive the remaining
benefit of the reduced taxes. Thereafter, in succeeding years, the
benefit of such successful tax appeal shall be divided evenly between
the tenants and the landlord.
B.
Any such successful landlord shall notify the tenants by certified
mail within 30 days after the receipt of the final judgment of the
calculations involved, including an itemization of the costs of securing
said reduction and the reduction each tenant is entitled to, which
reduction shall be determined by multiplying .25 times the difference
between the amount of said reduction and the landlord's costs
of securing said reduction and dividing the amount thus obtained by
the total number of occupied mobile home spaces in the mobile home
park.
A.
Hardship.
(1)
A landlord who finds that present rental income and additional charges
from the mobile home park on which he seeks relief hereunder are insufficient
to cover the cost of payments on a first mortgage and any subsequent
mortgages directly used to improve and upgrade the mobile home park
and/or payments for maintenance and/or all operating costs and/or
provide said landlord with a just and reasonable return on his investment,
may apply to the Board for an increase in rental income. Said application
shall separately set forth the amount of mortgage payments, taxes,
insurance, routine maintenance costs, other fixed expenses associated
with the operations of the mobile home park, the rent being charged
for each mobile home space located in the park, the deficiency allocable
to each mobile home space, a factual computation of the just and reasonable
return desired by the landlord, together with such other information
as the landlord believes will support his application. Following a
hearing, the Board may grant the landlord a hardship rent increase
to meet these needs after considering the proofs presented by the
landlord, the condition of the mobile home park and the degree of
hardship to the landlord.
(2)
Prior to any such application to the Board, a landlord must post
in a conspicuous place in and about the mobile home park a notice
of said application setting forth the basis for said application;
each tenant to be affected must, at the same time, receive a copy
of the application by certified mail or by personal service. The landlord
must thereafter notify each affected tenant of the appeal hearing
date by certified mail or by personal service and in addition thereto,
post a notice in a conspicuous place at the mobile home park for at
least five days prior to the application hearing date.
B.
Major capital improvements. A landlord may seek an additional charge
for major capital improvements. Capital improvements shall be an item
considered as such under federal Internal Revenue code enactments
and regulations. Prior to filing an application with the Board, the
landlord must notify by certified mail or by personal service each
tenant residing in the mobile home park affected of the total cost
of the completed capital improvement, the number of years of useful
life of the improvement as claimed by the landlord for purposes of
depreciation for income tax purposes, the average cost, including
debt service, of the improvement (calculated by dividing the cost
of the major improvement by the total number of mobile home spaces
in the mobile home park), and the capital improvement surcharge he
is seeking from each tenant. The landlord seeking a capital improvement
surcharge shall apply to the Board for said surcharge. The Board shall
determine, after the landlord has provided notice to the affected
tenants by certified mail or by personal service of said hearing at
least five days prior thereto, if said improvement is a major capital
improvement. If the Board determines that said improvement is a major
capital improvement, the Board shall permit such increase to take
place and indicate any conditions to be attached thereto. In any event,
no increase granted by authority of this subsection shall exceed 15%
of the annual rental income paid by each tenant, unless said increase
or capital improvement is mandated by law. Any tenant of a mobile
home park may determine to pay the capital improvement surcharge in
one lump sum, provided that the landlord agrees to waive recovery
of all financing charges associated with the capital improvement surcharge
on such tenant's rental space. For purposes of this subsection,
the pumping of a septic tank or the performance of any maintenance
function with respect to a septic tank, or the topping or trimming
of trees shall not be considered a major capital improvement. However,
on notice to all affected tenants and after a public hearing, the
Board may approve a surcharge for the cost of pumping of a septic
system servicing a mobile home park upon all affected tenants of that
park; provided, however, that evidence is furnished to the Board's
satisfaction that the septic system has been inspected and approved
for continued use by the Monmouth County Board of Health, said inspection
to be completed within 60 days of the date of pumping of the septic
tank affected.
C.
Recycling costs. A landlord may seek an additional charge for the cost of recycling. Recycling costs shall mean an additional charge that the landlord must pay beside the current charge for trash disposal, less any credit or refund for recycling such materials. Any application for an increase under this section must comply with Subsection A of this section.[1]
A.
Board created. There is hereby created a Mobile Home Rent Stabilization
and Control Board within the Township of Wall. The Board shall consist
of five regular members all of whom shall be residents of the Township
of Wall. All members shall be appointed by the Township Committee
and shall serve, commencing with their initial appointment, terms
of one year, two years, three years, four years, and five years, respectively,
and thereafter terms of five years or until prior expiration of this
article, whichever event shall first occur. Each of the said terms
shall be deemed to commence on the first day of January of the year
of their respective appointments. There shall be two alternates appointed
annually by the Township Committee to serve in the absence or disqualification
of a regular member of the Board. Vacancies shall be filled for the
balance of the unexpired term. Members shall not hold any other elective
office or position in the Township. The members of the Board shall
serve without compensation but shall be reimbursed for reasonable
and necessary expenses. The Board shall have available to it such
clerical assistance and legal counsel as is budgeted annually by the
Township Committee. No member shall vote upon or enter into discussions
as to any matter in which he or she has a direct or indirect interest,
financial or otherwise.
B.
A member of the Board may be removed for cause, upon written charges
brought before the Township Committee and served upon said member
and only after a public hearing has been held and the member concerned
afforded an opportunity to be heard.
C.
Powers and duties. The Mobile Home Rent Stabilization and Control
Board is hereby granted and shall have the exercise, in addition to
other powers herein granted, of all powers necessary and appropriate
to carry out and execute the purposes of this article, including but
not limited to the following:
(1)
To elect a Chairman, a Vice Chairman and a Secretary.
(2)
To adopt such rules and regulations, including bylaws, as it deems
necessary for its own government not inconsistent with this article
or with law.
(3)
To issue and adopt such rules and regulations as it deems necessary
to implement the specific provisions of this article, said rules and
regulations to become effective only upon formal approval by resolution
of the Township Committee.
(4)
To supply information and assistance to landlords and tenants for
the purpose of assisting them in complying with the provisions of
this article.
(5)
To hold hearings and adjudicate applications from landlords for additional
rental income or charges as hereinbefore provided.
(6)
To hold hearings and adjudicate applications from tenants for reduced
rental income or charges as herein provided.
(7)
To administer oaths, examine witnesses and by subpoena compel the
attendance and the testimony of witnesses and the production of books,
papers, documents or tangible things, pursuant to the provisions of
the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et
seq.).
D.
Said Board shall give both the landlord and tenant reasonable opportunity
to be heard before making any determination and shall base its determination
on the reasonable, credible evidence before it, although the strict
rules of evidence shall not apply. Any decision or order made by the
Board shall be in the form of a resolution, shall be in writing and
shall state the reasons underlying the decision or order.
E.
The Board shall maintain minutes of its hearings and/or meetings.
A.
Both a landlord and tenant may appeal in writing, the decision or
findings of the Board to a court of competent jurisdiction within
the time provided by court rule for the taking of such appeals.
B.
Any tenant may appeal to the Board any calculation made by the landlord,
or failure to make a calculation, pursuant to the provisions of this
article.
A.
During the term of this article, the landlord shall maintain the
same standards of service, maintenance, and equipment in the mobile
home park or mobile home spaces as he provided or was required to
do by law or lease, written or oral, as of the date the tenancy was
entered into.
B.
Where the landlord fails to maintain such standards any tenant may
appeal to the Board for a reasonable reduction in rent, commensurate
with such failure by the landlord, whereupon the Board shall duly
notify the landlord and schedule the matter for a hearing. If, as
a result of such a hearing, a reasonable reduction in rent is granted,
it shall remain in effect until the landlord proves the standards
are being maintained.
No arrangement between a landlord and a tenant purporting to
waive any provision of this article shall be of any force and effect
and all such arrangements are hereby declared to be against public
policy and are void ab initio.
A willful violation of any provision of this article or of any final decision or order to the Board shall be punishable by a penalty as set forth in Chapter 1, Article I. A violation affecting more than one mobile home space shall be considered a separate violation as to each such mobile home space.
This article shall remain in full force and effect until such
time as an amendment providing for its repeal is introduced and adopted
by the Township Committee.
No application for a rent increase shall be granted by the Mobile
Home Rent Stabilization and Control Board until such time as the Board
is in receipt of a certification from the Tax Collector that all real
property taxes and assessments pertaining to the property on which
the trailer park is located are current and that no such taxes or
assessments are then due and owing.
Any part of this article found by any court to be in violation
of any set standard or law shall not affect the use and enforcement
of the balance of this article.
