AN ORDINANCE AMENDING ORDINANCE #1-1989, CHAPTER XII, SECTION 12-3.4 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEEHAWKEN, 1987

ORDINANCE# 18-2007

WHEREAS, the Township Council of the Township of Weehawken has previously adopted Rent Control Ordinances which permit a landlord to seek a tax surcharge from a tenant because of an increase in municipal real estate taxes; and

WHEREAS, it appears to be necessary to clarify the intent of the Council with respect to tax surcharges on condominium units in buildings converted to the condominium form of ownership subsequent to the base year for tax surcharges under the Ordinance; and

WHEREAS, it would be unfair and unwarranted to permit a landlord to seek a tax surcharge from a tenant of a unit held in the condominium form of ownership by reference as a base to the proportionate assessment of that same unit when the property was assessed as an apartment building,

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 XII, Section 12-3.4 of the Revised General Ordinances of the Township of Weehawken, 1987, is hereby amended to read as follows: 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:

a. for any unit 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 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 1983 or b) the first full year that taxes were assessed to the unit as a condominium; or

b. 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 1983. 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:

a. The tax surcharge amount attributable to the apartment or unit as set forth in the preceding paragraph; or

b. 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 September 24, 1984. This section is intended to establish a new base year for real estate tax surcharges of 1983, or the first full year that taxes were assessed to the individual units in a building converted to condominiums subsequent to 1983, 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 that was vested as of September 24,1984. 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 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 that are due on the property at the time the surcharge is imposed.

Section 2. 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 3. Inconsistent Ordinances Repealed. All other ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed, to the extent of such inconsistency.

Section 4. 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 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 5. 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 6. 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 7. Effective Date. This ordinance shall take effect upon final adoption and publication according to law.

Introduced: November 19th 2007

TOWNSHIP OF WEEHAWKEN
HUDSON COUNTY, NJ

Notice is hereby given that the following proposed ordinance has been introduced on first reading at a meeting of the Township Council of the Township of Weehawken held on NOVEMBER 19TH 2007 and will be further considered for final passage at a meeting of the Township Council to be held on WEDNESDAY, DECEMBER 12th 2007 at the Municipal Building, Council Chambers, 400 Park Avenue, Weehawken, New Jersey at 7:00 P.M. or as soon thereafter as the matter can be reached, at which time and place all persons interested will be given the opportunity to be heard concerning this ordinance. A copy of this ordinance in full is posted in the Office of the Township Clerk, of the Township of Weehawken, and copies are available up to the time of said meeting to the general public of the Township of Weehawken requesting same.

Rola Dahboul
Township Clerk

12/03/07