Hoboken
NJ

CC - Ordinance

An Ordinance Amending Chapter 155 of the Hoboken City Code Entitled “Rent Control” at Article Ii “General Regulations” at §155-6 to 6.1 “Tax Surcharge from Tenants” “Water and Sewerage Surcharge from Tenants” and §155-11 “Effective Date”

Information

Department:Corporation CounselSponsors:Council President Jennifer Giattino
Category:Amendment

Attachments

  1. Printout

Body

SECTION ONE:  amendments to Hoboken Code Chapter 155:


§ 155-6 Tax surcharge from tenants.

 

A.    A landlord may seek a tax surcharge from a tenant because of an increase in municipal property taxes if said taxes are in excess of those assessed for the 1988 tax year. The rental increase permitted for taxes is determined by the Rent Regulation Officer pursuant to a formula approved by the Rent Control Board. The rent increase for taxes that each tenant is liable to pay shall be paid in 12 equal monthly payments, 1/12 each month. The surcharge shall not be considered rent for purposes of computing cost-of-living rental increases. Determinations under this section shall be made by the Rent Regulation Officer. If an initial rental decontrol as set forth in § 155-37 occurs, the base year shall be the date of the first paid four quarters in the taxes after the initial rental decontrol.

 

B.     Notice on standardized form.

 

1)     The landlord shall, upon approval by the Rent Regulation Officer of its tax surcharge application, notify its tenants, by personal service, on standardized forms, setting forth:

a)                        An explanation of the tax surcharge.

b)                        The base rent.

c)                        The tax surcharge, total and apportioned.

d)                        The effective date.

 

2)     This notice shall be filed with the Officer.

 

C.     Any tax surcharge that has been approved may only be imposed at the commencement of a lease term or upon renewal of a lease term and must be included in the lease/renewal or it may not be imposed.

 

1)     In no case shall the landlord be permitted to impose a tax surcharge without removal of the previous tax surcharge.

 

2)     Nothing herein requires a landlord to impose a tax surcharge or to impose the full amount of the allowable tax surcharge after having been approved to do so.

 

§ 155-6.1 Water and sewerage surcharge from tenants.

A. The landlord may seek a water and sewerage surcharge from a tenant because of an increase in the municipal water and sewer charges in excess of those assessed for 1996. The rental increase permitted for water and sewer surcharge is determined by the Rent Regulation Officer pursuant to a formula approved by the Rent Control Board. The rent increase for water and sewer that each tenant is liable to pay shall be paid in 12 equal monthly payments, 1/12 each month. The surcharge shall not be considered rent for purposes of computing cost-of-living rental increases. Determinations under this section shall be made by the Rent Regulation Officer.

B. Notice on standardized form.

1)     The landlord shall, upon approval by the Officer of its water and sewer surcharge application, notify its tenants, by personal service, on standardized forms, setting forth:

 

a.       Explanation of water and sewer surcharge.

b.      Base rent.

c.       Water and sewer surcharge (total and apportioned).

d.      Effective date.

 

2)     This notice shall be filed with the Officer.

 

§155-11 Effective date.

Rent surcharges under this Article should become effective contemporaneously with the next scheduled change in the base rent whenever practicable, except with regard to a tax surcharge as provided in §155-6 above.

 

 

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

 

 

 

Meeting History

Jul 11, 2018 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [7 TO 1]Next: 8/1/2018 7:00 PM
MOVER:Jennifer Giattino, Council Vice President
SECONDER:Peter Cunningham, 5th Ward Council Member
AYES:Peter Cunningham, James Doyle, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos
NAYS:Vanessa Falco
ABSTAIN/ALTERNATE:Mike DeFusco
Aug 1, 2018 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Jennifer Giattino, Council Vice President
SECONDER:Peter Cunningham, 5th Ward Council Member
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos