Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this chapter,
shall have the following meaning:
AGENT
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner of this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey,
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
[Added 6-22-2010 by Ord. No. 1216-10]
APARTMENT or DWELLING
Any apartment, cottage, bungalow, any room or rooms in a
rooming house/boardinghouse or other dwelling unit, consisting of
one or more rooms occupying all or part of a floor in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office or the operation of any industry or business
or for any other type of independent use. Each unit shall contain
no more than one kitchen or cooking facility.
[Added 6-22-2010 by Ord. No. 1216-10]
DWELLING
Any building or structure containing housing space units
which are rented or offered for rent for occupancy as living quarters.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room
or rooms in a rooming house/boardinghouse, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof.
[Added 6-22-2010 by Ord. No. 1216-10]
HOUSING SPACE
Includes that portion of a building rented or offered for
rent for occupancy as living quarters to one or more individuals or
family units, together with all privileges, services, furnishings,
furniture, equipment, facilities, improvements and common areas connected
with the use or occupancy of such portion of the building. Each such
unit shall be called a "housing space unit."
[Amended 12-22-1987 by Ord. No. 800-87]
HOUSING SPACE AGREEMENT
A lease, or any other agreement, oral, written or implied,
between a landlord and a tenant for the use and occupancy of housing
space.
[Amended 9-25-1990 by Ord. No. 890-90]
LANDLORD
An owner, lessor, sublessor or any other person or entity
entitled to receive rent for the use and occupancy of any housing
space, or an agent or successor of any of the foregoing.
LICENSE
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
[Added 6-22-2010 by Ord. No. 1216-10]
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
agent, where applicable.
[Added 6-22-2010 by Ord. No. 1216-10]
MAJOR CAPITAL IMPROVEMENT
An addition to dwelling or housing space units which inures
to the benefit of tenants; that was not previously provided or required
to be provided by law or lease; materially adds to the value of the
dwelling or housing space and prolongs its life; and is not upkeep,
maintenance, repairs, rehabilitation or replacement of items or services.
[Amended 12-22-1987 by Ord. No. 800-87; 9-25-1990 by Ord. No. 890-90]
NOTICE
Written notice to a tenant which is mailed to the tenant's
residence by certified mail, return receipt requested, or by registered
mail. In the event that no signed receipt is obtained, then certification
by affidavit shall be made that notice to the tenant was mailed. The
affidavit and the receipt for certified mail shall be retained in
the records of the landlord or his representative.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rental facility.
[Added 6-22-2010 by Ord. No. 1216-10]
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Borough.
[Added 6-22-2010 by Ord. No. 1216-10]
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
[Added 6-22-2010 by Ord. No. 1216-10]
RENT
The consideration, including any bonus, benefits or gratuity
demanded or received for or in connection with the use of occupancy
of housing space or the transfer of a lease of housing space, including
but not limited to moneys demanded or paid for tax surcharge, parking,
pets, the use of furniture, subletting, security deposits and damage
and cleaning deposits.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless
or whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
[Added 6-22-2010 by Ord. No. 1216-10]
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting
of less than three dwelling units and has sleeping facilities for
less than 25 occupants, kept, used, maintained, advertised or held
out to be a place where living accommodations are supplied, whether
furnished or unfurnished.
[Added 6-22-2010 by Ord. No. 1216-10]
RENTAL UNIT
A dwelling unit which is available by lease, rental or otherwise,
to persons other than the owner. Rental unit shall not include that
portion of a rental facility or dwelling unit that is owner-occupied.
[Added 6-22-2010 by Ord. No. 1216-10]
SUBSTANTIAL INCREASE IN SERVICE
An addition to dwelling or housing space units that which
inures to the benefit of tenants; that was not previously provided
or required to be provided by law or lease; materially adds to the
value of the dwelling or housing space and prolongs its life; includes
substantial increases in services, furniture, furnishings or equipment
provided to tenants since the date of the most recent rent increase
under any section of this chapter; and is not upkeep, maintenance,
repairs, rehabilitation or replacement of items or services.
[Amended 12-22-1987 by Ord. No. 800-87]
TENANCY
Occupancy of the unit by one or more tenants.
[Added 6-22-2010 by Ord. No. 1216-10]
TENANT
Occupant in a unit other than the owner.
[Amended 6-22-2010 by Ord. No. 1216-10]
VOLUNTARY UNCOERCED VACATION
Includes, but is not limited to, a tenant moving from his
rental space unit with or without notice to landlord, and vacation
of premises pursuant to a judicially mandated eviction.
[Amended 12-22-1987 by Ord. No. 800-87]
A. There is hereby created a Rent Review Board (hereinafter
"Board"). The Board shall consist of five regular members. The members
of the Board shall be appointed for a three-year term by the Mayor
with the advice and consent of the Borough Council. Each member of
the Board shall serve without compensation. A quorum shall consist
of three members. Action may be taken by a majority of the members
present at the meeting, provided that there is a quorum.
B. Not less than one nor more than two of the regular
members shall be landlords, and not less than one nor more than two
of the regular members shall be tenants. At least one regular member
shall be the owner-occupant of a single-family residence who is not
a landlord or tenant.
C. There shall also be appointed in the same manner and
for the same terms as regular members three alternate members, who
may serve in the absence or disqualification of regular members as
directed by the Chairman of the Board. The three alternate members
shall consist of one landlord, one tenant and owner-occupant of a
single-family residence. In the absence of a regular voting board
member, the alternate member of the same classification shall be entitled
to vote; provided, however, that if the alternate landlord or tenant
is needed, but is also unavailable, the owner-occupant alternate board
member may vote in place of either such unavailable alternate landlord
or tenant.
D. The terms of all regular and alternate members of
the Board first appointed hereunder shall include the balance of the
calendar year in which they are appointed plus a regular three-year
term commencing on January 1 of the year following the year in which
they are appointed.
E. At its organization meeting, which shall be the first
meeting each calendar year, the Board shall elect a Chairman and a
Vice Chairman. The Chairman shall preside over all meetings of the
Board and exercise all of the powers of the Chairman; provided, however,
that in the absence, disqualification or abstention by the Chairman,
the Vice Chairman shall have all of the powers of the Chairman.
[Amended 6-9-1992 by Ord. No. 929-92]
The Board is hereby granted and shall have and
exercise, in addition to other powers herein expressly granted, all
the powers necessary and appropriate to carry out and execute the
purpose 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 and regulations are filed with the Borough
Clerk.
B. To supply information and assistance to landlords
and tenants to help them comply with the provisions of this chapter.
C. To review complaints from tenants alleging noncompliance
and answers from landlords in response to such tenants, as hereinafter
provided, and to make a determination based upon such complaints and
answers. However, no hearing shall be held in connection herewith,
unless the same is specifically required by the Board upon notice
to the parties.
[Amended 11-22-1988 by Ord. No. 831-88; 2-7-2017 by Ord. No. 1327-17]
D. To review applications from landlords for capital
improvements surcharges, increased service surcharges and additional
rental increases as hereinafter provided.
E. To hold and conduct hearings, as a quasi-judicial
body, and adjudicate applications from landlords for capital improvements
surcharges, increased service surcharges and additional rental increases.
The Board shall give both landlord and tenant reasonable opportunity
to be heard before making a determination under this chapter.
F. The Board shall annually review the provisions of this chapter, particularly §
182-10, and shall render to the Borough Council such recommendations for amendment hereof as it deems appropriate to effectuate the purposes of this chapter.
[Amended 9-25-1990 by Ord. No. 890-90]
G. On its own initiative or on the complaint of any tenant moving into vacancy increased housing space as provided and referred to in §
182-2 to hold hearings and to take any other action necessary to determine if the vacancy was voluntary and uncoerced.
[Amended 9-13-1983 by Ord. No. 714-83; 9-25-1990 by Ord. No.
890-90]
H. To impose monetary penalties or impose other relief as set forth in §
182-18.
[Added 2-7-2017 by Ord.
No. 1327-17]
There is hereby created the office of Executive
Secretary to the Rent Review Board to supervise the day-to-day administration
of this chapter and to handle complaints alleging noncompliance with
any of the provisions of this chapter and, where appropriate, to schedule
hearings before the Rent Review Board. The Executive Secretary shall
be designated by the Mayor from among the full-time employees of the
Borough, and may serve in the capacity of Executive Secretary to the
Rent Review Board in addition to any other office or position in the
Borough government. Said Executive Secretary shall be required to
appear at all hearings and meetings of the Board, at which time he
or she shall take minutes, shall assist the Board in the preparation
of documents, including resolutions, and shall otherwise assist the
Board.
No landlord shall, after the effective date
of this chapter, charge any rent in excess of what he was receiving
prior to the effective date of this chapter except for such increases
as were authorized pursuant to previously effective rent control ordinances
as amended or as may be authorized hereafter under this chapter.
[Amended 7-24-1984 by Ord. No. 730-84; 9-25-1990 by Ord. No.
890-90]
A. At least 30 days prior to the effective date of any rent increase, a landlord who shall increase rents as provided in §
182-11 shall give notice of such increase to his tenants by any reasonable means; provided, however, that when said notice is not mailed to the tenant's residence, delivery is not considered to have been accomplished unless a signed receipt is obtained from a tenant or his representative. If a tenant is notified by mail, other than certified or registered mail, the landlord or his representative shall certify, in writing, that he mailed the notice to the tenant. Said certification shall be retained for a period of three years.
B. Said notice of increase shall be signed by the landlord
under oath and shall set forth in detail the computation of the increase
and shall include the following information:
(1) The monthly base rent prior to the increase.
(2) The amount of any previously granted and then effective
surcharge and the specific total time period covered by the same.
(3) The monthly rent after the increase.
(4) The effective date of the increase.
(5) The address, including apartment number, of each housing
space unit affected by the increase.
(6) The date and amount of the most recent increase.
C. Said notice also shall contain a statement that the landlord has complied with the health, safety and housing laws, codes and regulations of the Borough of Caldwell, the County of Essex and State of New Jersey, together with all prior orders of any federal, state, county or municipal agencies directed against it, including the Rent Review Board, and the landlord shall have paid all real property taxes due and owning to the Borough of Caldwell for the affected premises and that the landlord has applied for and been granted a rent license pursuant to §
182-7 of this chapter which is on file with the Caldwell Rent Review Board to include the date of issuance thereof.
[Amended 12-22-1987 by Ord. No. 800-87; 4-26-1988 by Ord. No. 803-88]
A landlord whose current rentals are insufficient
to provide a fair return on his investment may apply to the Board
for an adequate return increase to permit a fair, just and reasonable
rate of return. Prior to any such application to the Board, a landlord
must post in the lobby of each dwelling, and if no lobby is present,
in a conspicuous place in or about the dwelling, a notice of said
application, setting forth the basis for such application. Said notice
must be posted and served upon the tenants at least 14 working days
prior to the proposed date of such application.
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
FAIR NET OPERATING INCOME
Gross maximized annual income less reasonable and necessary
operating expenses, such expenses not to exceed 60% of gross maximized
annual income.
GROSS MAXIMIZED ANNUAL INCOME
All income resulting directly or indirectly from the operation
of such dwelling, including but not limited to all rent received or
collectible, including any rent from a less-than-arm's-length transaction,
the landlords' share of interest on security deposits, all earnings
from commissions, vending machines, deductions from security deposits,
late fees, pet fees, parking fees, pool fees, key charges, finder's
fees, amounts received from successful tax appeals, income from rebates,
capital improvement surcharges, rent surcharges and hardship surcharges.
[Amended 9-25-1990 by Ord. No. 890-90]
REASONABLE AND NECESSARY OPERATING EXPENSES
All valid expenses incurred and paid by the landlord in the
operation of such dwelling during the period reflected in income computed
in accordance with the provisions and limitations of this section.
B. Hardship rental increase.
(1) Whenever a landlord shall determine that the reasonable
and necessary operating expenses, as hereinabove defined and hereinbelow
set forth, of a dwelling subject to rent regulation under the terms
of this chapter are greater than 60% of the gross maximized annual
income, as hereinabove defined, of such dwelling, said landlord may
make application to the Board for an adequate return rental increase.
[Amended 12-22-1987 by Ord. No. 800-87]
(2) When a landlord shall file an application before the
Board for an adequate return increase pursuant to this chapter, the
Board shall review said application to determine the eligibility of
the landlord for said adequate return increase pursuant to this chapter.
[Amended 9-25-1990 by Ord. No. 890-90]
(3) If the Board is satisfied that the landlord named in said application is eligible for an adequate return rental increase and the facts set forth in said application comply as required in Subsection
B(2) hereinabove, then the Board shall compute the proper gross maximized annual income by dividing the reasonable and necessary operating expenses contained in the application, as they may be modified by the Board, by 60%, said reasonable and necessary operating expenses being the numerator of the equation and 60% being the denominator. The resulting quotient shall be the new gross maximized annual. The Board shall subtract from the new gross maximized annual income the gross maximized income which was previously received by the landlord applicant and which was set forth in his application to the Board. The resulting remainder shall be prorated to all housing space units within the dwelling covered by the application.
[Amended 9-25-1990 by Ord. No. 890-90; 7-13-1999 by Ord. No.
1073-99]
(4) The application of the landlord for an adequate return
increase shall include all facts and figures of at least the preceding
two years of income and expenses, all of which shall be duly certified
under oath by the landlord or his agent and shall be supported. At
the time of the application, the landlord shall notify all tenants
affected, in writing, that an application is being made and is available
to any tenants requesting the same. The landlord shall also make available
to the Board all records and books supporting the application. Any
interested tenants or groups of tenants or association of tenants
who wish to be heard at the public meeting may notify the Board of
their intention, and the Board shall permit that tenant, group of
tenants or association of tenants to be parties to the hearing. This
provision shall be liberally construed as to afford ample opportunity
for all interested parties to present their views before the Board.
C. In computing gross maximized annual income under this
section, the following limitations shall apply in all cases:
(1) No allowance shall be permitted for a vacancy, except
as the same may be adequately demonstrated to be the result of market
conditions and/or deteriorated physical conditions of the rental space
unit, which the landlord applicant may show unavailable for rental
due to said deteriorated conditions.
(2) Income and expenses arising out of a nonresidential
use, including that for professional or commercial space resulting
from arm's-length transactions, shall not be considered.
(3) No loss caused by a nonresidential use may be considered.
D. In computing reasonable and necessary operating expenses
under this section, the following limitations shall apply in all cases:
(1) Taxes shall be limited to amounts actually paid, including
those in escrow for appeal, and the landlord shall further demonstrate
that taxes assessed against the property were reasonable and, if not,
have been appealed.
(2) Repairs and maintenance shall be limited to arm's-length
transactions and shall be reasonable and necessary as not to cause
over-maintenance of the premises. Cost of service contracts shall
be prorated over the period covered. Painting costs shall be prorated
for the number of years of actual painting cycle in the building,
but in no event shall painting be prorated over a period of less than
three years for the interior of rental space units or five years for
the exterior and common areas of the dwelling.
(3) Cost of new equipment shall be prorated over its useful
life.
(4) Legal and auditing expenses shall be limited to reasonable
and necessary costs of the operation of the property. No legal expenses
or audit expenses shall be allowed as a deduction that do not directly
result from the landlord-tenant relationship. A landlord may not deduct
expenses incurred in litigating any declaratory or injunctive relief
as to his rights under any state, local or federal law, except for
actions in the nature of a writ of mandamus. All cost shall be itemized
on the application.
(5) Management fees shall be limited to actual services
performed, including the Resident Manager's salary, telephone expenses,
postage, office supplies, stationery and value of the apartment provided,
if included.
[Amended 9-25-1990 by Ord. No. 890-90]
(6) Salaries not included in management fees shall be
limited to actual services performed and amounts for similar positions
in the area, including rental value, if included in income, and expenses
and wages and benefits paid.
(7) Advertising shall be limited to actual costs that
are reasonable to ensure occupancy only. Where waiting lists exist,
advertising expenses shall not be allowed.
(8) Utilities, including but not limited to gas, electric,
water and oil, shall derive from arm's-length transactions, and the
landlord shall demonstrate that all reasonable efforts to conserve
energy and fuels have been used.
(9) Insurance premiums shall derive from arm's-length
transactions and shall be prorated over the terms of the policies
and shall not include the landlord's life, medical or other personal
policies.
(10)
No penalties, fines, depreciation, interest,
mortgage amortization or mortgage service fees for any reason shall
be allowed.
(11)
The history of the income and expenses shall
be consistent with the application or fully documented as to any changes.
(12)
The Board may establish a fair value to be considered
for labor performed by the landlord or the landlord's immediate family
as an expense for purposes of this section.
All determinations of the Rent Review Board
shall be prospective in nature only and shall be effective as of the
date of the determination without retroactivity. An application shall
not be submitted to amend or modify a determination of the Board unless
more than 12 months have passed from the date of the determination
on the original application.
[Amended 7-17-2012 by Ord. No. 1258-12]
A. Despite anything contained in this chapter to the contrary, the landlord
shall maintain the same standard of service and maintenance and shall
supply furniture, furnishings and equipment in the housing space,
dwelling and associated grounds as the landlord provided or was required
to provide by law or lease as of the date the tenancy was created.
B. If any tenant or tenants' group believes that a landlord is violating the terms of Subsection
A above, the tenant or tenants' group may file a complaint with the Rent Board Secretary seeking a reasonable reduction in rent. The Rent Board Secretary shall serve a true copy of the complaint upon the landlord, with a written notice scheduling a hearing, and shall simultaneously serve the written notice scheduling the hearing upon the complainants.
C. The Rent Board Secretary shall request the Building Code Official
to inspect the premises. The Official shall submit a report to the
Board and shall be available to testify at the Rent Board hearing.
(1) At the hearing, the Rent Board may consider the following:
(a)
Whether the condition complained of is true, and if so, whether
it substantially affects the habitability of the premises;
(b)
When the condition first occurred;
(c)
The duration of the condition and whether the landlord was responsible
for it;
(d)
Whether the landlord has taken corrective action within a reasonable
period of time after notice of the condition;
(e)
Whether the condition violates any provision or standard as
set forth in any of the Borough's applicable codes, including property
maintenance, building and health codes, and/or applicable state statutes
and codes;
(f)
Any other factors reasonably related to the habitability and
value of the rented premises.
(2) If, as a result of such hearing, a reasonable reduction in rent is
granted, it shall remain in effect until the landlord proves to the
Rent Board that the standards have been restored, or until such time
as the Rent Board deems appropriate, but no earlier than the date
upon which the landlord has filed written notification with the Rent
Board Secretary that the standards have been restored.
D. Despite the provisions of §
182-16, determinations pursuant to a complaint filed under this §
182-17 shall be retroactive to the filing of the complaint.
E. Nothing contained herein shall preclude the remedies under §
182-18, or any other provision of this chapter, as applicable and as the Rent Board deems appropriate.
[Amended 11-22-1988 by Ord. No. 831-88; 9-25-1990 by Ord. No. 890-90]
A. A violation of any provision of this chapter, including
but not limited to the willful filing with the Board of any material
misstatement of fact, shall be punishable by a fine not exceeding
$2,000, imprisonment for a term not exceeding 90 days, a period of
community service not exceeding 90 days, or a combination thereof.
In addition to the above sanctions, the Board may refuse such landlord
and rent increases or surcharges otherwise permissible under this
chapter. Each violation affecting a housing space shall be considered
a separate violation.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No.
1187-08]
B. Whenever, in the opinion of the Rent Control Board,
an alleged violation may justify imposition of a monetary penalty,
the Board shall refer the matter to the appropriate officer or, in
the absence of such designation, to the Borough Attorney. Any penalty
imposed for a violation shall be imposed by the Municipal Court.
[Amended 2-7-2017 by Ord.
No. 1327-17]
Any provision of a housing space agreement whereby
any provision of this chapter is waived shall be deemed against public
policy and shall be void.
[Amended 9-13-1983 by Ord. No. 714-83; 4-26-1988 by Ord. No.
803-88]
A landlord whose dwelling is controlled by the terms of this chapter shall provide, in a conspicuous place in a common area in the dwelling, a frame eight inches by 10 inches to display the annual notice provided by the Borough. This annual notice will provide the following: Rent Control Ordinance existence; dwelling license; license validation and expiration dates; permissible annual increase; certificate of occupancy requirements for new rentals and any other information required by the Board. Failure by the landlord to comply with this requirement shall result in penalties under §
182-18 and/or shall result in a loss of the right to pass any increase permitted under this chapter.
[Amended 6-22-1982 by Ord. No. 693-82]
A. Every lease shall contain a provision which shall advise the tenant in a conspicuous manner of the name and address of the Board, the maximum rent allowable and the tenant's right to object to a proposed rent increase. This notice shall be given at the inception of every lease and annually in the case of renewals. In the case of a periodic tenant, the same notice of tenant's rights shall be given at the inception of each tenancy. This requirement shall be in addition to the obligation imposed under §
182-20 of this chapter.
B. If any provision of this chapter or the application
of such provision to any person or circumstance is declared invalid,
such invalidity shall not affect other provisions or applications
of this chapter which can be given effect, and, to this end, the provisions
of this chapter are declared to be severable.
[Amended 12-27-1988 by Ord. No. 835-88; 2-28-1989 by Ord. No. 844-89; 9-25-1990 by Ord. No. 890-90]
A. Notification to Rent Leveling Board of Vacancy. The
owner of any dwelling which is subject to the provisions of this chapter
at any time when housing space in that building has been vacant for
a period of two full calendar months shall, within 10 days thereafter,
notify the Rent Review Board of the Borough of Caldwell, in writing,
of the fact of such vacancy, the identity of the owner, the full address
and apartment number of the vacant housing space and the specific
date upon which it became vacant, and such other information as the
Rent Review Board may require, as well as prominently displaying in
a sign readable from the curb of said dwelling the fact that a housing
space vacancy exists at said dwelling. For purposes of this section,
a housing space unit is defined as "vacant" for any period of time
not covered by a valid enforceable housing space agreement. Any agreement
entered into for the purpose of circumventing the intent of this chapter
shall not be considered a valid enforceable housing space agreement
for purposes of this chapter.
B. Efforts to lease housing space by landlord. At or before the time any such housing space described in §
182-1 hereof shall become vacant, and continuing during the entire period of such vacancy, the landlord thereof shall make diligent efforts to rent the same.
C. Rental to qualified tenants; declining future rental
to tenants. A landlord shall accept as a tenant for immediate occupancy
of such housing space any person who offers to pay the lawful rent
and proper security deposit pursuant to N.J.S.A. 46:8-21.2 which may
be required for the housing space and agrees to any reasonable rental
terms. Provided, however, that a landlord may decline to accept any
such person as a tenant where he or she is able to establish clearly
and convincingly that a prospective tenant:
(1) Would be likely to engage in conduct which would constitute
any good cause ground set forth in the summary eviction statute, N.J.S.A.
2A:18-61.1; except those contained in Subsections g, h, k or l as
presently constituted;
(2) Has failed to comply with a reasonable request of
the landlord for financial, criminal or other relevant personal information
which is necessary for the owner to make an informed decision as to
the suitability of the person as a prospective tenant within a reasonable
time after request therefor; and
(3) A landlord may offer any such person a tenancy in
such a housing space with occupancy to commence on a date which is
not more than two full calendar months from the date such prospective
tenant offers to rent the housing space unit where the landlord is
able to establish clearly and convincingly that the delay in occupancy
is necessary for the purposes of making repairs or improvements to
the dwelling unit, which said repairs or improvements cannot practically
be made while a prospective tenant is in possession and occupancy
of the housing space.
D. Notification of acceptance or rejection of tenant.
Within five business days after a person has offered to rent a vacant
unit which is subject to the provisions of this chapter enumerated
herein, the owner shall notify that person and the Rent Review Board
of the Borough of Caldwell, in writing, whether such person is accepted
for the tenancy, rejected or accepted for a future tenancy and, in
the latter two instances, the owner shall set forth with particularity
the reasons therefor and, in the last instance, the date the occupancy
is to begin.
E. Redress of aggrieved parties.
(1) Any person aggrieved by the action or inaction of
an owner of a housing space subject to the provisions of this chapter
may bring the matter before the Municipal Court on a complaint for
violations of this chapter, in addition to any other action in any
other court of law he or she deems appropriate.
(2) It is the intent and meaning of this chapter that
each day in which an owner of a housing space unit subject to the
provisions of this chapter is in violation of this chapter shall constitute
a separate and distinct offense.
F. Methods of notification. It shall be the sole obligation
of any person required to give written notice pursuant to this chapter
to ensure that all parties required to be served with notice actually
are served.
G. Applicability. This chapter shall also be applicable
to all housing spaces which are vacant on the effective date of this
chapter and which either have been vacant for a period of at least
30 days at that time or which remain vacant and later reach that 30
days vacancy period. A landlord who would be in violation of this
chapter as of its effective date shall have 15 days to comply with
the provisions hereof.
This chapter, being necessary for the welfare
of the Borough and its inhabitants, shall be liberally construed to
effectuate its purposes.
Each and every ordinance inconsistent with the
provisions of this chapter is hereby repealed, including Ordinance
Nos. 624 and 654, except for claims of violations presently pending
before the Rent Review Board and claims for violations which may be
filed on or before June 22, 1982.
[Amended 7-13-1999 by Ord. No. 1073-99]
This chapter shall be known as the "Rent Control
Ordinance of 1982."