RENT CODE 2014 REVISED.pdf

8/17/2019 RENT CODE 2014 REVISED.pdf

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TOWNSHIP OF WEEHAWKEN CODE

CHAPTER XII

RENT CONTROL

12-1 PREAMBLE.

The Township has adopted previously, Rent Control Ordinances and amended same based upon

the emergency which existed in the Township with respect to the rental of housing space in

multiple dwellings. The Township Council does hereby declare that an emergency now exists in

the Township with respect to the rental of housing space and parking space in multiple dwellings

not subject to rent control by reason of the demands for increases in rent which are determined by

the Township Council to be exorbitant, speculative and unwarranted and causing severe

economic hardships upon tenants and are adversely affecting the health, safety and general

welfare of the citizens of the Township warranting legislative action by the Township Council. Thisemergency has been created by a deterioration of a substantial portion of the existing housing

stock, insufficient new housing construction, insufficient new area for construction of added

parking, increased cost of construction and finance, and growing inflation. This has caused a

substantial and increasing shortage of rental housing accommodations and parking facilities for

families of low and moderate income and abnormally high rents. The fear of being evicted without

just cause and being forced to seek housing and parking in such a market discourages Weehawken

tenants from complaining about exorbitant increases in rent for housing and parking and about

the continued deterioration of housing, and this fear thus contributes to these harmful conditions;

this warrants legislative action by the Township Council.

(Ord. #6-1984; Ord. #7-1985)

12-2 DEFINITIONS.

As used in this Chapter:

Available for Rent to Tenants shall mean fit for habitation as defined by statutes, codes and ordinances in

full force and effect in the State of New Jersey, County of Hudson and Township of Weehawken and occupied

or unoccupied and offered for rent.

Base Rent shall mean the lawful rent in force and effect for housing space on January 1, 1974 plus any

increases allowed by the Chapter or prior ordinances of the Township.

Dwelling shall mean and include any building or structure or trailer or land used as a trailer park,occupied, rented or offered for rent or lease or available for rent to tenants. Exempt from this

Chapter are motels, hotels and similar type buildings and buildings intended for transient use, floor

space used strictly for commercial purposes in any type building, owner-occupied two and three

family dwellings. A newly constructed dwelling rented for the first time is exempt to the extent that the

initial rent may be determined by the landlord, and certified by the Board Secretary in a form approved


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by the Board, but all subsequent rents are subject to the rent limitations of this Chapter.

Pair Return means the percentage of return on equity in a real property investment. Equity shall be

determined by the actual purchase price, plus any capital improvements since the purchase unless the

cost of the capital improvement has been previously recovered by way of capital improvement surchargespursuant to this Chapter, minus any and all existing liens on the property. Further, the amount of return

shall be measured by the net income before depreciation. A fair return on the

equity investment in real property shall be considered to be up to six (6%), percent above the maximum

passbook demand deposit savings account interest rate available in the Township. The six (6%) percent

reflects the higher risk, three (3%) percent, and the lesser liquidation three (3%) percent, of a real

estate investment in comparison to other investments.

Housing Space or Dwelling Unit shall mean or include that portion of a dwelling (including furnished housing

spaces or dwelling units) occupied, rented, offered for rent, or available for rent to tenants for living

purposes to one or more individual's of a 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.

Major Capital Improvement shall mean any improvement to the property that substantially enhances

its value or substantially prolongs its life and:

is deemed depreciable (such as under the Internal Revenue Code) other than an ordinary repair; and,

enhances the operation, preservation, habitability and maintenance of the building; and

directly or indirectly benefits tenants of the building; and

that the need for the requested improvement did not result from the failure of the landlord to provide

proper regular maintenance and reinvestment in the building.

The qualification of any improvement as a major Capital Improvement, as well as the useful life thereof,

shall be in the discretion of the of the Board, and may be standardized and published by the Board

from time to time.

Parking Space shall mean and include the area provided for on site parking.

Services means the provision of light, heat, hot water, maintenance, painting, elevator service, air

conditioning, laundry service, storm windows, screens, superintendent services, and any other benefit,

privilege or facility connected with the use or occupancy of any dwelling or housing space.

Substantial Compliance shall mean that the housing space and dwelling are free from all heat, hot water,

elevator, and all health, safety, and fire hazards as well as ninety (90%) percent qualitatively free of all

other violations of the ordinances of the Township and the property Maintenance Code of the State of New

Jersey where applicable

(Ord. #6-1984, § 1; Ord. #7-1985, §§ 2--4; Ord. #20-2002, § 1)

12-3.1 Control of Rental Housing Space and Services.


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a . All rents for rental of housing space and services are hereby controlled at the base rent level

received or established as of January 1, 1974 and no rent increases shall hereafter be demanded

except for increases as authorized by this Chapter.

Establishment of rents between a landlord and a tenant to whom this act is applicable shallhereafter be determined by the provisions of this Chapter. It shall be unlawful for any landlord

to demand, receive or collect any rental increase more than once in any twelve (12) month

period, irrespective of the number of different tenants occupying the housing or parking space

during the twelve (12) month period. Any rental increase in excess of that authorized by the

provisions of this Chapter shall be void and of no effect and only an increase, decrease, or

adjustment determined pursuant to this Chapter shall have any effect.

At the expiration of a lease or at the terminat ion of the lease of a periodic tenant, no landlord may

request or receive percentage increases in rent with respect to any housing or parking space

which is greater than the Permitted Annual Increase fixed by the Board for any twelve (12) month

period, consistent with the prerequisites, conditions and limitations hereinafter provided.

The Permitted Annual Increase shall be set annually by the Board and shall be the percentageannual increase in the Consumer Price Index, All Items, for New York - New Jersey -Long Island

(NY-NJ-CT-PA 1982-84=100), first half year average (HALF1), or its successor index published by the

United States Department of Labor; provided, however that in no event shell the Permitted

Annual Increase be less than one percent (1%) or greater than four percent (4%). The Board shall

determine and fix the Permitted Annual Increase percentage, and notify the public, following

publication of the applicable CPI data, but in no event later than November 1 of the year prior to

the calendar year for which the Permitted Annual Increase percentage will be effective.

All rents for rental of parking spaces are hereby controlled at the base rent level received or

established as of January 1, 1985 and no increase shall hereafter be demanded except for

increases as authorized by this Chapter.

(Ord. #6-1984, § 2; Ord, #7-1985, §§ 6--8; Ord. #20-2002, § 2; Ord. #20-2009 §1)

12-3.2 Restriction; Certain Rent Increases Shall Be Void.

A rental increase at a time other than at the expiration of a lease or termination of a periodic lease

shall be void. Any rental increase in excess of that authorized by the provisions of this Chapter shall

be void.

(Ord. #6-1984, § 3)

12-3.3 Landlord Required to Notify Tenant of Rental Increases.

Any landlord seeking an increase in rent shall notify the tenant of said increase, in the form, mannerand within the time periods required by the laws of this State provided for that purpose. Any such

notice must include, in addition to the requirements of law, the calculations in computing the

increase, including the current rent, the allowable percentage increase and the allowable rental

increase together with the date of the last increase in rent. Not withstanding the above a landlord

seeking an increase in rent shall notify the tenant at least one (1) month in advance by regular and

certified mail or personal service.


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(Ord. #6-1984, § 4; Ord. #20-2002, § 3)

12-3.4 Tax Surcharge.

A Landlord may seek a tax surcharge from a tenant because of an increase in municipal real estate

taxes. The amount of any such tax surcharge shall not exceed that authorized under this section.

Subject to the limitations set forth hereinafter, the total tax surcharge to be imposed upon the

tenants of any dwelling shall be:

for any unit held in the condominium form of ownership under the New Jersey

Condominium Act (N.J.S.A46:8B-1 et. seq.) the difference between the taxes assessed to the

unit in the year for which the surcharge is sought and the taxes assessed to the unit in the

later of (a) the year 1991 or (b) the first full year that taxes were assessed to the unit as a

condominium; or

for property that is not held in the condominium form of ownership under the New Jersey

Condominium Act (N.J.S.A 46:8B-1 et. seq.) the difference between the taxes for the

property in the year for which the surcharge is sought and the taxes for the property in the

year 1991. That total tax surcharge shall be divided by the total number of square feet of all

rental space in the building, including any non-residential space, space that is vacant and

space that is owner-occupied, to obtain the tax surcharge per square foot. The tax surcharge

per square foot multiplied by the number of square feet of housing space occupied by that

tenant shall be the tax surcharge for the apartment.

Notwithstanding the above formulas, no residential tenant shall be liable under this section for any

amount exceeding the lesser of the following:

The tax surcharge amount attributable to the apartment or unit as set forth in the

preceding paragraph; or

the sum of the tax surcharge lawfully imposed upon such apartment or unit in the year

immediately preceding the year for which the current tax surcharge is sought, plus two

percent (2%) of the lawful base rent in effect at the time the notice for such tax

surcharge is served upon the tenant of that unit or apartment.No notice for the imposition of any tax surcharge allowed under any prior ordinance shall be

valid unless lawfully imposed upon a tenant prior to December 10, 2008. This section is intended

to establish a new base year for real estate tax surcharges of 1991, or the first full year that

taxes were assessed to the individual units in a building is converted to condominiums

subsequent to 1991, and to provide that any tax increases prior thereto, whether or not

previously paid in whole or in part by any tenants, will be considered by the Board as an

operating expense of the landlord in connection with any hardship application the landlord may

file. However, this Chapter is not to affect any rights of any landlord to a tax surcharge which is

vested as of December 10, 2008.

In the event that the property does not contain any non-residential space and the rooms in all

units are of similar size, a landlord may substitute the number of rooms in place of square foot


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calculations. The appropriateness of such substitutions will rest within the discretion of the

Board.

In order to qualify for the tax surcharge mentioned in this section, the landlord shall have paid

any and all taxes which are due on the property at the time the surcharge is imposed.

(Ord. #6-1984, § 9; Ord. #14-1984; Ord. #17-2001; Ord. #20-2002, § 4;

Ord. #18-2008; Ord. #20-2009, §2)

12-3.5 Landlord Required to Notify Tenant of Tax Surcharge.

Any landlord seeking a tax surcharge shall notify the tenant in accordance with the laws of the State

of New Jersey applicable to the imposition of rent increases and the notice shall incorporate the

form of calculating the surcharge as prescribed by the Board.

(Ord. #6-1984, § 6; Ord. #14-1984)

12-3.6 Payment of Tax Surcharge.

The tax surcharge each tenant is liable for shall be paid in twelve (12) monthly payments or

whatever reasonable agreement can be made between the landlord and tenant. Any such

agreement made between the landlord and tenant shall be in writing. In order to charge and receive

the tax surcharge, the landlord must serve the notice required hereunder within forty-five (45) days

from the date of the mailing of the final third/fourth quarter tax bill by the Tax Collector of the

Township. In no event shall the surcharge commence prior to the expiration of one (1) month

following service of the notice. A tax surcharge may only be imposed once in any twelve (12) month

period. The tax surcharge commencement date shall be the same for all residential tenants in each

separately assessed property. Failure on the part of the landlord to serve the tenant with notice of a

tax surcharge as provided above shall constitute a relinquishment of such right by the landlord for

the year in question and no tax surcharge may thereafter be sought by the landlord for the year.

12-3.7 Tax Surcharge Not Considered Base Rent, Reductions and Refunds.

The tax surcharge shall not be considered base rent for purposes of computing rental

increases.

Where any landlord has levied a tax surcharge and where that landlord successfully appeals the

assessment, any tenant who has paid the tax surcharge shall receive one hundred (100%)

percent of the reduction applied to the surcharge, after the landlord has deducted all expenses

incurred in the tax appeal process, within forty-five (45) days of the landlord's receipt of thenotification that the taxes have been reduced. Where a landlord has his taxes reduced for any

other reason, there shall be a rebate to tenants on a prorated basis of one hundred (100%)

percent less expenses.

(Ord. #61984, § 8; Ord. #20-2002, § 6)


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12-3.8 Substantial Compliance Required.

Any landlord seeking an increase in rent pursuant to subsection 3.1 of this Chapter must

demonstrate that the dwelling is in Substantial Compliance with the Building Codes, Housing

Codes, Fire Prevention Codes and Property Maintenance Codes of the Township and the State ofNew Jersey. The landlord may not charge or collect such rental increase unless the dwellings are

in such Substantial Compliance. For all buildings subject to this chapter containing four (4) or

fewer dwelling units, a general certification shall be executed by the landlord at the time of, and

filed with, the annual registration statement, certifying that the building and all units are in

Substantial Compliance. For all buildings subject to this chapter containing five (5) or more

dwelling units, a detailed certification, in a form provided by the Board, shall be executed by the

landlord at the time of, and filed with, the annual registration statement, certifying that the

building and all units are in Substantial Compliance. No annual increases shall be levied or

collected until after the expiration of thirty (30) days from the filing of the said certification by

the landlord. Should the Board, the Board's staff, or any other municipal agency having authority

over compliance of any applicable code contest the validity or accuracy of the landlord's claimed

compliance, or report any code compliance violations to the Board, the Board shall (a) notify theLandlord and Tenants that collection of the annual increase is stayed and postponed pending a

determination of the Board and (b) schedule the matter for hearing and determination by the

Board, which hearing shall not be unreasonably delayed. If the Board should determine at the

hearing regarding the accuracy of such certificate that the dwelling is not in Substantial

Compliance with all of the aforesaid codes, then the Board may order the rental increase be

rescinded and may order that amounts previously paid towards the increase be refunded or

withheld from future rent, and may assess penalties against the landlord as are generally

provided for under or pursuant to this Ordinance. The Board may adopt by rule such

requirements and procedures to be employed to implement and enforce the provisions of this

section, including the authority to compel landlords to obtain inspections and/or certificates of

compliance from various agencies, at landlord's sole cost and expense.

Any landlord who seeks a hardship or capital improvement increase from the Board under

subsection 12-3.9 must file with his complaint a certification from the office of Construction

Official to the effect that the building and grounds are in substantial compliance with the

aforesaid codes, which certification shall be based on an application made by the landlord to the

Construction Official not more than one (1) month before his filing of his complaint with the

Board. No such increase may be granted until the certification has been filed and if a tenant

contests the accuracy of such certification then until the Board has determined that there is

substantial compliance. If the landlord failed to file a certificate with his application for increase,

but he later does so, then the Board may process the application but any increase granted by the

Board shall be retroactive to the date of certificate.

Whenever there is an issue as to whether or not a landlord is in substantial compliance, that issueshall be determined by the Rent Leveling Board after a hearing based on the evidence produced

at the hearing. At that hearing, any certification or inspection by the office of the Construction

Official regarding substantial compliance shall be evidential but shall not be determinative.

Whenever a party who is seeking a cert ificate regarding substantial compliance from the office of

the Construction Official notifies the Rent Leveling Board that the party seeks the assistance of


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the Board in expediting that Department's inspection, then the Rent Leveling Board shall utilize

its best efforts to have the office of the Construction Official expedite the inspection. Nothing

contained in this section shall or-event the Rent Control Board from considering testimony by

the landlord and tenants as to the condition of the property.

(Ord. #6-1984, § 9; Ord. #20-2002, § 7)

12-3.9 Hardship Increases and Capital Improvement Increases.

a. In the event that the landlord cannot meet his operating expenses, or cannot make a fair return

on his investment, he may appeal to the Rent Leveling Board for a hardship increase. At the

same time of his application to the Rent Leveling Board the landlord shall serve on each tenant a

notice of the application, setting forth the basis in detail for the hardship application. The notice

shall be served by certified mail, return-receipt requested at least one (1) month before any

hearing thereon. 'The landlord shall be required to make proof to the Rent Leveling Board ofsuch service. In addition, the landlord must post in the lobby of each building or if no lobby is

present, in a conspicuous common area of the building and must serve upon 'each tenant at

least fifteen (15) days in advance of the hearing a notice of the application for the hardship

increase and a notification with the date, time and place of the scheduled hearing.

In considering a hardship, the Rent Leveling Board shall give due consideration to any and all

relevant factors, including but not limited to the following:

Compliance with local and State housing codes; level and quality of service rendered by the

landlord in maintaining and operating the building.

Whether the landlord made a reasonably prudent investment in purchasing the property and in

arranging financing of the property.

3. The presence or absence of reasonably efficient and economical management; and whether the

operating expenses are reasonably incurred and reasonably likely to recur.

4. Such other factors as the Board deems relevant or proper for a sound consideration of the application.

5. The Board shall also consider and the landlord shall provide the following documents and an application for

hardship shall not be considered as filed until such data set forth below is submitted to the Board.

Proof of ownership for a minimum of twelve (12) months prior to introduction of the hardship

application.

Detailed financial statements of condition, profit and loss and cash flow statements, income tax returns

for three (3) years and rent rolls for a three (3) year period. Profit and Loss Statements shall

include in gross income any and all income direct or indirect. Expenses from gross income have

to be actual, documented, reasonable, usual, necessary and unavoidable.


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Operating expenses shall not include capital expenditures, mortgage interest or amortization, fees or

insurance attributable to financing or any other expenses related to debt , depreciat ion or

income tax. Operating expenses may also not include any one-time expense which is not likely

to recur on an ongoing basis. The Board shall have the authority to apportion the cost of

allowable but nonrecurring operating expenses (i.e.) operating expenses which are not majorcapital improvements, according to the duration of the expense or period of time the expense

covers. The Board shall also have the authority to l imit the duration of rent increases resulting from

such nonrecurring operating expenses, to the length of time necessary for the landlord to recover

the cost thereof. This provision includes, but is not limited to, such items as balloon mortgages,

and periodic inspection fees (such as the five (5) year cyclical multiple dwelling inspections of

the Department of Community Affairs).

A yearly bank statement on mortgage payments, copies of bills, invoices and any other evidence of

payment of operating expenses for the year in question.

Purchase agreement, deeds, mortgage documents and any other pertinent data related to

ownership and financing of the building.

Disclosure of current professional and management fees and the relation, if any, between the

landlord and the recipients of such fees.

Disclosure of present and past rates of vacancy in the dwelling within a three (3) year period.

6. The Board may also require information submitted to be certified by an independent certified public

accountant.

7. Interest on mortgage may be allowed as an administrative expense if the Board specifically finds that the

landlord made a reasonably prudent investment in (a) purchasing the property; (b) the level of cash

investment in the property and (c) the terms of financing, including but not limited to, the mortgage interest

rates. The Board must also find that the property was purchased in an arms length transaction and the levelof debt is not disproportionately high in relation to the net worth of the purchaser. The Board may

consider any other factor which it deems relevant in determining whether interest on the mortgage will be

allowed as an administrative expense. Interest shall not be allowed on a refinance. Where the proceeds of a

refinance are used to make capital improvements to the property the Board may consider such improvements

in arriving at a fair return.

b. A landlord may seek a surcharge for major capital improvements to the dwelling.

1. (a) Proposed Capital Improvements. Any landlord seeking to impose an increase shall

file with the Rent Leveling Board an application on a form prescribed by the Board. Within five (5) days of

filing the application, Land lord shall serve a notification in a form prescribed by the Board on each tenant by

certified mail and by posting a copy of the notification in the lobby or otherwise conspicuously in a commonarea of the building, which notification shall include a description of the proposed capi tal improvement,

tota l cost of the proposed capital improvement, and the amount of the proposed monthly increase with its

supporting computations, as set forth in paragraph (b), below.

Completed Capital Improvements. A landlord may seek the imposition of an increase after


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completion of a major capital improvement by filing an application with the Rent Leveling

Board on a form prescribed by the Board. Within five (5) days of filing the applicat ion the

landlord shall serve by certified mail on each tenant a notice of the application in a form

prescribed by the Board and post a copy in the lobby or otherwise conspicuously in a common

area of the building, setting forth the basis in detail for the capital improvement increase.This notice shall include the total cost of the completed capital improvement, the number of

years of useful life of the improvement as published by the Board, the average cost of the

improvement, the total number of square feet of all rental space in the building, including

any non-residential space, space which is vacant and space which is owner-occupied [the

Total Square Footage], the total number of square feet occupied by each tenant and the

capital improvement increase the landlord is seeking from each tenant. The landlord shall

divide the cost of the improvement by the number of years of useful life of the improvement

as published by the Board. This figure shall be divided by the Total Square Footage to obtain

the capital improvement increase per square foot. The tenants shall not be liable for a capital

improvement increase exceeding the increase per square foot multiplied by the number of

square feet of housing space occupied by each tenant. In the event that the property does not

contain any non-residential space, and the rooms in all units are of similar size, the landlordmay substitute the number of rooms in place of square foot calculations. The

appropriateness of such substitutions will rest within the discretion of the Board.

In any application under this section, the landlord shall file with the Rent Leveling Board a

certification of proof of service and posting of the notices. No

hearing shall be scheduled until satisfactory proof is filed. Notice of the hearing date

shall be sent to the landlord and tenants by the Rent Leveling Board by regular

mail, with instructions to the Landlord that a copy of the notice of hearing shall be posted

by landlord in the lobby or other conspicuous place in the common area of the building

within ten (10) days of the date of the notice. Landlord shall provide proof of posting of

the notice at the hearing. The hearing notice shall also provide that the tenants may

inspect a full copy of the application, any amendments,exhibits and expert reports at the office of the Rent Leveling Board, and that the

tenants have the right to object to the application in writing no later than fifteen (15) days

prior to the hearing. The hearing shall not be scheduled sooner than forty-five (45) days

following the date of mailing of the hearing notices by the Board.

(d) In the event that a surcharge is requested for improvements made, or to be

made, to an individual dwelling unit which was vacant, or will be vacant, at the time of the

improvement project, the notice requirement will be waived. However,

should landlord rent the unit before the surcharge application has been heard and determined

by the Board, the landlord must provide a written notice of the proposed new rent

to the tenant prior to occupancy, on a form provided by theBoard, receipt of which must be acknowledged by the tenant in writing. Failure to adhere to the

requirement of this paragraph will result in denial or revocation of the surcharge for that unit.

The Board in considering a capital improvement application may consider the cost of the improvement,

the nature of the improvement, the number of years of useful life of the improvement, the

condition of the premises, and what portion of the building the improvement enhances. Th e


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Board may consider all the foregoing criteria in determining whether the landlord shall be

entitled to impose the' entire improvement upon the tenants or a portion thereof.

In no event shall a landlord be entitled to an increase under paragraph b. of this section in excess of

six (6%) percent of the monthly base rental in effect at the time of the imposition of theincrease each year, until the full increase has been phased in. The Board may not accept more

than one (1) hardship or capital improvement increase application in any twelve (12) month

period for any building.

(Ord. #6-1984, § 11; Ord. #7-1985, §§ 9-10; Ord. #20-2002, § 8)

12-3.10Creation of the Weehawken Residential Rental Preservation Program and Establishment of Rents for Affordable Housing Units Admitted to the Program.

a. In the event that a landlord wishes to completely rehabilitate a residential unit which is subject to the

controls imposed by this chapter and place such unit into the Weehawken Residential RentalPreservation Program (the "Program"), which is hereby created, the landlord may make application to

the Weehawken Township Council (the "Council") and to the Weehawken Housing

Agency (the "Agency") as hereinafter provided, to have such unit designated a Preserved Affordable

Housing Unit and admitted into the Program.b. In order to qualify a unit for the Program:

1. First, the landlord must receive preliminary approval from the Council, which may be grantedor denied in the discretion of the Council, upon application filed with the Township Clerk. Theapplication shall include:

Proof that such unit(s) have been accepted into a governmental affordable housing

program under which the landlord will -receive grant money, a subsidized loan

or a combination of both for the rehabilitation work to be performed;

An aff idavit of the landlord that no person who occupied such unit(s) for the three (3)

year period prior to the application was in any way harassed or coerced to move

from the unit(s) or to be involved in the Program. If deemed necessary by the Council,

the applicant shall be required also to file affidavits to that same effect from the

present tenant(s), or the last tenant(s) to occupy the unit(s) if then vacant, and from

all other tenants who occupied the unit(s) during that three (3) year period; and

Proof of the pre-rehabilitation condition of the unit and the appropriateness of the

rehabilitation. However, this condition will be deemed satisfied if the governmental

grant or loan program covering the unit(s) imposes requirements or conditions

deemed by the council to address its concerns in this regard adequately.

The Council may impose such other requirements or conditions of approval as it deems

appropriate; and

Next, after receiving preliminary approval from the Council, the landlord shall make

application to the Agency and have the unit(s) accepted by the Agency into the Program.


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This application shall include proof that the unit(s) have been completely rehabilitated. The

Agency may require such photographs, financial and other evidence thereof as it deems

appropriate.

All tenants who are to occupy a unit accepted into the Program must first be approved by the Agency.

d . The initial rent for a unit upon admission into the Program and all increases thereafter while the unit

remains in the Program must not exceed the guidelines established for the applicable governmental

affordable housing program. If the applicable program does not govern increases after establishment of

the ini tial rent, then all increases shall be in accordance with the provisions of this Chapter XII.

In order to remain in the Program, the subject unit, the exterior and all other common areas of the

building in which the unit is located must be maintained to the satisfaction of the Agency.

The landlord must file, annually, with the Weehawken Rent Leveling Board, rent rollregistrations on forms prescribed by that Board, showing what the rent-controlled base rent for each

unit would be if it was not in the Program, as wen as all other information required by the registration

form. Attached to the rent roll registration form must be a true copy of the rent authorization from

the governmental agency administering the applicable affordable housing program, showing the

authorized affordable rent for each unit in the Program. The said rent authorization shall also be filed

annually with the Agency.

g. Notwithstanding the limits otherwise imposed by Section 12-3 of this chapter, the rent for anyunit admitted into the Program will be established as provided in this subsection 12-3.10 as long asthe unit remains in the Program. However, immediately upon the occurrence of any event whichwould disqualify a unit from the Program, that unit again becomes, subject to the rent controlsimposed by this Chapter XII, at the same base rent as if it had never been admitted into the Program,

except for such annual increases as otherwise would have been permitted during the period ofqualification under the Program.

(Ord. #20-1994, § 1)

12-3.11 Affordable Dwelling Availability and Maintenance Program.

Creation. There is hereby created the "Affordable Dwelling Availability and Maintenance Program of

the Township of Weehawken" (the ADAM Program).

Qualified Dwellings. Apartments that have been both totally rehabilitated, as defined below, and made

available for rent by tenants with government assistance are eligible to participate in the ADAM

Program.

Total Rehabilitation. An apartment will be deemed, to have been totally rehabil itated, in order to


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qualify under this section of the ordinance, if the apartment has been "Federally Qualified" as defined,

below, or the apartment has been "Recently Rehabilitated", as defined below.

Federally Qualified Apartments. An apartment will be "Federally Qualified" within, the meaning of this

section of the ordinance if the apartment meets all of the following criteria:

The apartment has in the past been completely renovated with the use of federal funds

and has been accepted into a federally-qualified low income housing program;

and

The landlord has complied with all affordable housing restrictions under the applicable

federal program, and

Those affordable housing restrictions have expired by their terms not less than one year

before application by the landlord for acceptance of the apartment into the ADAM

Program.

e. Recently Renovated Apartments. An apartment will be "Recently Renovated" within themeaning of this section of the ordinance if all of the following have occurred:

Each room of the apartment has been completely renovated; and

The total cost of the renovation for the particular apartment has been not less than

$30,000; and

The Building Department of the Township of Weehawken. has certified that the

apartment meets all standards of the building code following such renovation, and the

landlord has applied, for and received before renovation all necessary permits for

such renovation.

f. Availability of Apartment. To be eligible to participate in the ADAM Program, an apartment must have

been made available by the landlord for rental by tenants with government assistance. In order to

be deemed available under this section of the ordinance, the landlord must do the following:

Upon a qualified apartment becoming vacant, the landlord must notify both the Weehawken

Housing Authority and Weehawken Housing Agency in writing that the apartment is

available to be rented to a tenant who receives governmental rental assistance; and

The landlord must accept as a tenant for such apartment such person(s) referred to the

landlord by the Township of Weehawken, as a tenant for such available apartment.

Notwithstanding the foregoing, if neither the Weehawken Housing Authority nor the

Weehawken Housing Agency has referred a tenant to the landlord within fifteen (15) days after

such written notification described above of the availability of the apartment, the landlord shall

be free to rent the apartment to any prospective tenant located by the landlord, whether or not

such person receives governmental rental assistance, and the apartment shall still be eligible to

participate in the ADAM Program, provided that the landlord has met all other requirements of

this ordinance.


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g. Acceptance of Apartment into the ADAM Program. A landlord shall apply for acceptance of an

apartment into the ADAM Program by completing such forms as may be prescribed by the

Township of Weehawken. Upon satisfactory proof that the apartment is eligible to be accepted into

the ADAM Program, an apartment may be formally accepted into the ADAM Program by the Rent

Board Secretary. Such application shall include an affidavit of the landlord that no personwho occupied such apartment for the three (3) year period prior to the application was in any

way harassed or coerced to move from the apartment or to he involved in the ADAM Program. If

deemed necessary by the Rent Board Secretary, the applicant shall be required also to file

affidavits to that same effect from the present tenant or from the last tenant to occupy the

apartment if then vacant, and from all other tenants who occupied the apartment during the said

three-year period.

h. Limitation on Bass Rent. Notwithstanding any other provision of this ordinance and irrespective

of the base rent which may be registered for such apartment under this ordinance, a landlord

shall be limited to charge as rent for each apartment that is accepted into the ADAM Program,

during the period of its participation in the ADAM Program, such rents as may be prescribed for

such apartment-type as established by the United States Department of Housing and Urban

Development (HUD) for Section 8 tenants.

I. Election Against Capital Improvement Surcharge. The application by a landlord for

acceptance of an apartment into the ADAM Program, where such apartment might otherwiseby reason of renovations made by the landlord qualify for a capital improvementsurcharge under this ordinance, shall constitute an irrevocable election by the landlord notto apply for a capital improvement surcharge. Thereafter, no capital improvement surchargemay be granted for such apartment based upon the renovations made by the landlord priorto application for acceptance of the apartment into the ADAM Program.

Term of Restrictions. Notwithstanding the limits otherwise imposed by Article 12-3 of this

Chapter, the rent for any apartment admitted into the ADAM Program will be established as provided inthis section, as long as the unit remains in the ADAM Program. However, immediately upon the

occurrence of any event that would disqualify an apartment from

participation in the ADAM Program, provided that such event occurs not less than seven (7) years

after acceptance of the apartment into the ADAM Program, that apartment shall again become

subject to the rent controls imposed by this Chapter 12 at the same base rent as if it had never

been admitted into the ADAM Program, except for such annual increases as otherwise would

have been permitted during the period of qualification under the ADAM Program.

k. Election against Conversion to Condominium or Cooperative. The acceptance of an

apartment into the ADAM Program based upon an application by a landlord under this

section of the ordinance shall constitute an irrevocable election by the landlord not to

convert the building in

which such apartment is located to the condominium or cooperative form of ownership for a period

of seven (7) years next following the latest acceptance of an apartment located in such building into

the ADAM Program.

I. Establishment of New Base Rent. Each apartment which has been accepted into the ADAM


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Program and has remained therein for a continuous period of seven (7) years following such

acceptance shall, at such time as such apartment may no longer be participating in the ADAM

Program, have established as its new base rent under this Chapter 12 the higher of (a) the last

rent charged for such apartment during the period of its participation in the ADAM Program; or

(b) the same base rent as if it had never been admitted into the ADAM Program, except for such

annual increases as otherwise would have been permitted during the period of qualification under

the ADAM Program.

m. Continuation of Eligibility. In order to remain in the ADAM Program, the subject apartments,

the exterior and all other common areas of the building in which the apartment is located

must be maintained to the satisfaction of the Township of Weehawken.

n. Annual Registrat ion. Nothing herein shall release or excuse landlord from the continuing

obligation to file annual registrations required elsewhere in this ordinance, however landlord

shall indicate on such annual registration any apartment participating in the ADAM program.

(Ord, #25-2008, § 1)

12-4 RENT LEVELING BOARD.

12-4.1 Created; Members.

There is hereby created a Rent Leveling Board within the Township. The Board shall consist of seven (7)

members and two (2) alternate members. The members and alternate members of the Board, who shall be

residents of Weehawken, shall be appointed by the Township Council and their terms of office shall

commence with the date of appointment and shall end on April 25 next following the

date of their appointment or until their respective successors shall have been appointed and qualified.

The members and alternate members of the Board shall, insofar as practicable, as a group, be

representative of the effected interest in the Township.

Alternate members shal l be designated as "Alternate No. 1" and "Alternate No. 2" at the time of their

appointment. Alt ernate members shal l be entitled to participate i n discussions of the proceedings

before the Board but may not vote except in the absence or disqualification of a regular

member. A vote shall not be delayed in order that a regular member may vote instead of an alternate

member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1

shall vote.

No member or alternate member of the Board shall be permitted to act on any matter in which he has

either directly or indirectly any personal or financial interest. A member, or alternate member as provided for

herein, who was absent for one or more of the meetings at which a hearing was held shall be eligible to

vote the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more

of the meetings; provided, however, that such member or alternate member has available to him the

transcript or recording of all of the hearing from which he was absent, and certified in writing to the Board


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that he has read such transcript or listened to such recording.

Each member and alternate member appointed to the Board shall serve without compensation.

Members and alternate members may, after a public hearing, be removed for inefficiency,negligence of duties or malfeasance in office by the Township Council.

Anything to the contrary in this Chapter notwithstanding, it is the intention of the Township Council

that no member or alternate of the Rent Leveling Board shall be appointed to a term in excess of

one (1) year from the date of his appointment without being reappointed by a roll call vote of the

Township Council.12-4.2 Powers of the Board Granted.

The Rent Leveling Board is hereby granted, and shall have and exercise in addition to the 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:

To issue and promulgate such rules and regulations as it deems necessary to implement the

purposes of this act, which rules and regulations shall have the force of law until revised,

repealed or amended by the Board in the exercise of its discretion, providing that such rules

are filed with the Township Clerk.

To supply information and assistance to landlords and tenants to help them comply with the

provisions of this Chapter.

To hold hearings and adjudicate applications from landlords for additional rental as

hereinafter provided.

To hold hearings and adjudicate applications from tenants for reduced rental as hereinafter

provided.

If the Rent Leveling Board determines that it needs certain information, it has the power to

subpoena the information and witnesses before the Board.

The Board shall give both landlord and tenant reasonable opportunity to be heard before making

any determination.(Ord. #6-1984, § 13)

12-4.3 Appeals.

Any determination of the Rent Leveling Board may be appealed by landlord or tenant to the

Township Council. The appeal shall be made in writing within thirty (30) days from receipt of the

determination and shall set forth the specific basis or reason for the appeal. The appellant shall

deliver a copy of the notice of appeal and reason by certified mail to each affected party. The

Township Council may thereafter notify al l affected parties of the time and place of a hearing upon

the appeal, which hearing shall be de novo unless a transcript or a stipulation of facts is supplied by

the parties. In the event, the Township Council does not hold a hearing on the appeal within thirty


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(30) days from receipt of application for the appeal, the determination of the Rent Leveling Board

shall be final.

(Ord. #6-1984, § 14)12-5 ADDITIONAL REGULATIONS.

12-5.1 Maintenance of Standards of Service, Etc.

During the term of this amended Chapter, the landlord shall maintain the same standards of service,

maintenance, furniture, furnishings and equipment that was provided or required by law or lease to

be provided on the date the tenant took occupancy.

If it is determined by the Rent Leveling Board that the re is a diminishment of services, maintenance,

furniture, furnishings or equipment or that the dwelling is not in substantial compliance with the

Chapter of the Township or with the Property Maintenance Code of the State of New Jersey, the

Rent Leveling Board has the right to evaluate the reasonable value of the diminishment and subtract

this value from the rent charged.

(Ord, #6-1984, § 15)

12-5.2 Increases Restricted.

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 authorized by this Chapter.

The Landlord shall have the burden of proof of service of any notice required under this Chapter.

(Ord. #6-1984, § 16)

12-5.3 First Time Rentals.

The owner of the housing space or dwelling being rented for the first time shall not be restricted in

the initial rent he charges. Any subsequent rental increases, however, shall be subject to the

provisions of this Chapter.

(Ord. #6-1984, § 17)

12-5.4 Violations.

A willful violation of any provisions of this Chapter including but not l imited to the willful fi ling with

the Rent Leveling Board of any material misstatement of fact, shall be liable to a penalty as

established by Chapter 1, Section 1-5. A violation affecting more than one (1) leasehold shall be

considered a separate violation as to each leasehold.

(Ord. #6-1984, § 18)

12-5.5 Chapter Shall be Liberally Construed.


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This Chapter, being necessary for the welfare of the Township and its inhabitants, shall be liberally

construed to effectuate the purposes thereof.12-5.6 Effective Time Period of This Chapter.

This Chapter, as may be amended from time to time, is hereby extended for a period of four (4)years from the effective date of this amendatory ordinance.

(Ord. #6-1984, § 21; Ord. *7-1985, § 11; Ord. #3-1991, § 1; Ord. #4-1995, § 1)

12-6 FEES.

12-6.1 Established.

There is hereby established the following schedule of fees for complaints, applications, and rent roll

registrations to the Rent Leveling Board, which fees shall be payable to the Township.

Tenant complaint filing fee $8.00

(except that there shall be no charge for the filing of a

tenant complaint by a tenant over the age of sixty-two

(62) years and approved disabled)

Landlord application for increased rent due to hardship or

capital improvement surcharge:

Base fee - all buildings

$100.00

Buildings of ten (10) units or more:

Additional fee for units ten (10) through twenty-five (25)

$5.00 per unit

Additional fee for units twenty-six (26) +

$4.00 per unit

Inspection and/or issuance of a certificate of

substantial compliance by the office of construction

official or the housing inspector

$8.00 per unit

Rent roll registration filing fee

$1.00 per unit

Minimum fee


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$10.00

Maximum fee

$50.00

Professional Fees and Costs; Establishment and Administration of Escrow Fund. Upon filing an

application for rent increase due to hardship, a capital improvements surcharge or decontrol of

rents by reason of substantial rehabilitation, and in addition to those fees required by paragraph

a., the applicant shall be required to make payments to the Township for the purpose of the

establishment of an Escrow Fund to be administered in accordance with this section.

deems it necessary to receive to assist it in the processing of the application, Within ten (10)

days of the receipt of the materials by any such Professionals, those Professionals shall submit

to the Board an estimate of the funds sufficient in amount for that Professional to undertake the

services requested, including but not limited to, review of those materials, the preparation of a

report to the Board, and attendance at the hearings on the application.

The Board shall notify the applicant of the amount of funds estimated by any such professionals

and the applicant shall pay to the Clerk of the Township the amount of the estimates, to be held

in trust in accordance with this subsection.

Thereafter, the Professionals shall submit vouchers to the Board, with a copy to the applicant,

for all services rendered and costs incurred in connection with the application. The Board must

approve all such vouchers prior to payment, which shall be made from the Escrow Fund. The

Board shall not approve any vouchers sooner than ten (10) days from the date submitted.

In the event the applicant questions the reasonableness of the amount of any such voucher he

shall file with the Board a written protest thereto, within seven (7) days of his notice of that

voucher. In order to be considered by the Board, any such protest must set forth specifically and

in full detail the nature and reasons for the protest. Thereafter, the Board shall decide the

matter in difference between the applicant and the Professional, after Notice to the Professional

and opportunity to respond, with or without a public hearing, and shall communicate that

decision in writing to the applicant, the Professional, and the Township Clerk as soon as

practicable.

Should the Board deem it necessary at any time, it shall notify and require the applicant to deliver

additional funds to the Clerk of the Township to be added to the Escrow Fund. In the event any monies

remain in the Escrow Fund after a determination on the application and any Appeals therefrom the

Board shall direct the Township Clerk to return the monies to the applicant as soon as is practicably

possible.

c. No complaint, application or rent roll registration will be deemed filed with the Board unless and

until submitted on the Board's Official Forms and accompanied by all appropriate supporting

documents and information and the required filing fees. The Board shall take no action on any

application unless and until all Escrow Funds required, and any additions thereto, as provided in

this section have been deposited with the Clerk of the Township. Amy time limitations set forth


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in this Chapter or Ordinances #13-1981 and #3-1982 shall be suspended until all such Escrow

Funds have been deposited with the Township Clerk.

(Ord. #6-1984, § 22; New; Ord. #4-1988, § 1; Ord. #1994-19, § 1)

12-7 ANNUAL REGISTRATION STATEMENT.

The landlords of all dwellings which are subject to the provisions of this Chapter shall file, within thirty

(30) days of the final adoption of this section, and on January 1 of each year thereafter, a registration

statement to include the following information as of January 1 of each year: The name and apartment

number of each tenant; the number of rooms for each apartment; the amount and date of the last

annual increase for each apartment; date of lease expiration for each apartment (if applicable); amount

and date of Hardship Increase (if applicable); amount and date of Capital Improvement increase (if

applicable); services provided to the building; name, address and telephone number of the owner of the

building; superintendent's name, address and telephone number (if applicable). Landlord may file the

registration out of time for good cause, on payment of the registration fee and a late charge equal to

50% of the registration fee. No rental increase, including the four (4%) percent annual increase,

permitted under this Chapter, shall be allowed until the landlord files the registration statement

required under this section, together with such other documentation as the Board may require, with the

Rent Leveling Board

(Ord, #61984, § 23; Ord. #20-2002, § 9)

12 -8 TENANT COMPLAINTS.

The Rent Control Board has the authority to assess costs against the landlord where the tenant has filed

a complaint based upon a landlord's violation of any provisions of this Chapter.

(Ord. #6-1984, § 24)12-9 APPLICANT RESPONSIBLE FOR STENOGRAPHIC FEES.

The applicant shall be responsible for paying the stenographic fee of the Rent Control Board for

recording the proceedings and the cost of having the Rent Control Board's accountant review the

material submitted by the applicant. The fee shall be established by the Rent Control Board and shall be

reasonable.

(Ord. #6-1984, § 25; New)12-10 CONTINUED REGULATIONS.

All of the rights, privileges, duties and obligations conferred or imposed upon any tenant or landlord or

upon any person, firm, legal entity or corporation by Ordinances #6-1975, #3-1976, #6-1979, #13-1981,#3-1982, and #10-1983 are hereby continued in full force and effect during the lifetime of this Chapter

except as such rights, privileges, duties or obligations have been specifically modified, altered, amended,

or rescinded by this Chapter.

(Ord. #6-1984, § 26)


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12-11 COMBINED RENT INCREASES.

In all cases, combined rent increases, for all causes, shall be limited to fifteen (15%) percent of the base

rent in any one (1) twelve (12) month period.

(Ord. #6-1984, § 28; Ord. 20-2002, § 10)

12-12 SENIOR CITIZEN AND DISABLED PROTECTED TENANCY ACT.

12-12.1 Preamble.

The Legis lature of the Sta te of Ne w Jersey enacted t he Senior Citizen and Disabled Protected Tenancy Act under which, as of

July 27, 1981, all eligible senior citizens and disabled individuals who qualified wou ld be eligible for protected tenancy status in

rental housing units that were converted to condominium or cooperative forms of housing; and under the terms of this Act,

each Township must designate an agency to carry out the municipal functions of administering this Act. (Ord. #15-1982)

12-12.2 Administration of Act.

The Rent Control Board of the Township is hereby appointed to serve as the designated agency to

carry out the municipal functions of administering this Act. (Ord. #15-1982, § 1)

12-12.3 Appellate Body Appointed.

The Township Council is hereby appointed as the appellate body to hear any appeals of the decisions

of the Weehawken Rent Control Board with respect to determinations made under the Senior Citizen and Disabled Protected

Tenancy Act. All appeals must be filed with the Township Clerk within ten (10) days of the date of the determination.

(Ord. #15-1982, § 2)

12-12.4 Administrative Officer.

The secretary to the Rent Leveling Board is hereby designated as the Administrative Officer.

(Ord. #1-1983, § 1)

12-12.5 Administrative Hearing Agency.

The Weehawken Rent Leveling Board is hereby designated as the Administrative Hearing Agency.

(Ord. #1-1983, § 2)

12-12.6 Fees.

The following fees are established for applications filed under this Act:

Appli cation to the Rent Control Board for el igibil ity, $25.00 per apar tment uni t.

Hearing Fee before the Weehawken Rent Control Board (1) Ten (10) units and under -$25.00;

(2) Eleven (11) units and over - $50.00c . Filing fee for appeal to governing body, $150.00.

TOWNSHIP OF WEEHAWKENHUDSON COUNTY, NEW JERSEY

A N O R D I N A C E A M E N D I N GORDINANCE #1-1989, CHAPTER 12, RENT


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CONTROL, OF THE REVISED GENERALORDINANCES OF THE TOWNSHIP OFVVEEHAVVKEN, 1987

ORDINANCE # 12 - -2O13

WHEREAS, the Township Council finds and determines that there is a need to

amend and clarify certain provisions relating to the registration of rents under the Township

Rent Leveling Ordinance; and

WHEREAS, the Council hereby finds and determines that the within amendments are

necessary to further the purposes and to address the needs for which rent controls remain in

effect in the Township and are in the best interests of the municipality and the health and

welfare of its residents,

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of

Weehawken, County of Hudson and State of New Jersey, as follows:

Section 1 Chapter 12, Section 2 of the Revised General Ordinances of the

Township of Weehawken, 1987, is hereby amended to add the following definition:

12-2. DEFINITIONS.

Owner - shall mean a person or entity who is vested with legal title to real

property which vesting shall be documented by a deed, or other legally

recognized instrument, duly filed or recorded in the public record. The Board

may, within its reasonable discretion, consider a fiduciary or beneficiary, during

the settlement of an estate, as an owner.

Owner Occupied - shall mean a residential unit in which an owner, who is a

natural person, resides as that owner's primary residence. The burden to prove

the owner's occupied status of a unit shall be on the owner and shall be

determined by the Board after submission of proofs satisfactory to the Board.

Section 2 Chapter 12, Section 3 of the Revised General Ordinances of the Township of

Weehawken, 1987, is hereby amended to add the following provision:

12-3.1 Control of Rental Housing Space and Services

Whenever an occupied rental unit in an owner occupied property that is exempt from


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the controls of this Chapter, becomes subject to the controls of this Chapter due to the cessation of an owner's occupancy, the base rent for that occupiedunit may be established by written agreement between the tenant and landlord, prior to, or within thirty (30) days of, the unit becoming subject to the controls

of this Chapter. The agreement may provide for a "phase in" of any rentincrease, but shall not exceed twelve (12) months in duration unlessapproved by the Board. A sample form of agreement may be promulgated bythe Board.

Whenever a vacant rental unit in an owner occupied property that is exempt from thecontrols of this Chapter, becomes subject to the controls of this Chapter due to thecessation of an owner's occupancy, the base rent for that vacant unit shall be the actualrent established upon the rental of that unit.

Section 3 Chapter 12, Section 5 of the Revised General Ordinances of the Township of

Weehawken, 1987, is hereby amended to read as follows:

12- 5.4 Violations.

A willful violation of any provisions of this Chapter including but not limited to the willfulfiling with the Rent Leveling Board of any material misstatement of fact, shall be liableto a penalty as established by Chapter 1, Section 1-5. A violation affecting more thanone (1) leasehold shall be considered a separate violation as to each leasehold. Aviolation involving a required filing shall be considered a separate violation as to eachrequired filing, including the annual registration statement

Section 4 Chapter 12, Section 7 of the Revised General Ordinances of the

Township of Weehawken, 1987, is hereby amended to add the following:

ANNUAL REGISTRATION STATEMENT.

Section Unchanged.

Late Filing of Annual Registration Statements. The following shall apply to theacceptance and filing of late statements.

1)

Where a new owner of a property fails to file an annual registrationstatement for a period of not more than one (1) year, or where an owner whohas previously filed an annual rent registration statement for a property, fails tofile annual registration statement(s) for that property for a period of not


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more than two (2) years, the Board Secretary may accept the late filingof thestatement(s) and the owner shall pay a late fee of five dollars $5.00 per unit, inaddition to the normal registration fees, for each late statement filed.

Where an owner not covered b subsection 1) above, fails to file annualregistration statement(s) for a property, the Board Secretary mayconditionally accept late statement(s) and the owner shall pay a late feeof fifteen dollars

15.00 Per unit in addition to the normal registration fees for each latestatement submitted. The statement(s) however shall not be deemed fileduntil the owner complies with subsection 3) below.

When required by the provisions of subsection 2) above, an owner's latesubmission will not be deemed filed unless the owner has submitted proof toverify the information contained in the registration statements, in a form andmanner satisfactory to the Board. The Board shall notify each residential

tenant in the building of the submitted late gins and advise that shouldthe tenantdispute any information reported therein, the tenant may notify the Boardwithin thirty (30) days. If any objection is raised by a tenant o the mattershall be reviewed by the Board at public meeting on notice to all parties.

c.

Upon receipt of a rent registration statement or any other documents submittedwith that statement the Board's staff may review same for completeness andaccuracy. If the registration is rejected, the Board Secretary shall notify the owner and

provide the owner with thirty (30) days in which to make the documents conform.Should the documents be resubmitted incomplete or with possible inaccuracies, thematter shall be referred to the Board for hearing at public meeting on notice to allparties.

Section 5 Separate Violations. Each violation of any of the provisions of this

Ordinance shall be deemed and taken to be a separate and distinct offense.

Section 6 Inconsistent Ordinances Repealed. All other ordinances or parts of

ordinances inconsistent with this ordinance are hereby repealed, to the extent of such

inconsistency.

Section 7 Severability. If any portion of this ordinance or the application thereof to any

person or circumstance shall for any reason be adjudged by a court of competent


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jurisdiction to be invalid or unenforceable, that portion shall be deemed severed from, and

shall not impair the validity or enforceability of, the balance of this ordinance.

Section 8 Gender and Number. As used in this ordinance, wherever necessary or

appropriate, one gender shall be deemed to include and mean either of the other two, and the

singular number shall include the plural and vice versa.

Section 9 Paragraph Headings. The paragraph headings appearing in this ordinance are

inserted only as a matter of convenience and are neither a part of the substantive

provisions, nor in any way define, limit or describe the scope or intent of this ordinance.

Section 10 Effective Date. This ordinance shall take effect upon final adoption and

publication according to law.

The foregoing Ordinance was adopted for first reading by the Township Council of theTownship of Weehawken, New Jersey, on September 12, 2013 and ordered published, andwill be further considered before final passage at a public hearing on September 25, 2013at 7 p.m. at the Council Chambers, Municipal Building, 400 Park Avenue, Weehawken, New Jersey. A copy of this Ordinance has been posted on the bulletin board upon which public notices are customarily posted on in the Town Hall of the Town of Weehawken, and a

copy (at no charge) is available up to and including the time of such meeting to the members ofthe public of the Town who shall request such copies, at the Office of the Town Clerk in saidTown Hall in Weehawken, NJ.

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