File #: 23-1048    Version: 1 Name: Ordinance: Amedning Title XIX, Rent Contraol, Chapter 19, Rent Control Regulations, Rebt Control Board, Section 2-2, Definitions and Adding Applicability
Type: Ordinance Status: Adopted
File created: 6/26/2023 In control: Law
On agenda: 6/27/2023 Final action: 8/2/2023
Title: AN ORDINANCE AMENDING TITLE XIX, RENT CONTROL, CHAPTER 19, RENT CONTROL REGULATIONS; RENT CONTROL BOARD, SECTION 19:2-2, DEFINITIONS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO AMEND THE DEFINITION OF EXEMPTIONS AND MULTIPLE DWELLING AND TO ADD SUBSECTION 19:2-2.1, APPLICABILITY.
Sponsors: Council of the Whole

Title

AN ORDINANCE AMENDING TITLE XIX, RENT CONTROL, CHAPTER 19, RENT CONTROL REGULATIONS; RENT CONTROL BOARD, SECTION 19:2-2, DEFINITIONS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO AMEND THE DEFINITION OF EXEMPTIONS AND MULTIPLE DWELLING AND TO ADD SUBSECTION 19:2-2.1, APPLICABILITY.

 

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NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Newark, New Jersey that:

 

Note: Additions are shown as underlined and bold.  Deletions are shown as strikethroughs.

 

SECTION 1.

 

19:2-2 DEFINITIONS.

 

EXEMPTIONS

 

Shall mean dwellings to which this chapter shall not apply.  Exempt dwellings include all public housing; owner-occupied one, two, three or four family housing space units; any motel or hotel space rented on a day-to-day basis to transients; and any dwelling, building or structure, or portion thereof, rented for commercial use.  Also exempted are those units which have been rehabilitated by the Federal and State Rental Rehabilitation Programs as administered by the U.S. Department of Housing and Urban Development, the New Jersey Department of Community Affairs or the New Jersey Housing Mortgage Finance Agency and will be receiving Section 8 rent subsidies or Federal housing vouchers.  In these units, rent will be allowed to be raised, but will not exceed the fair market rents as established by the United States Department of Housing and Urban Development.  These units will be exempt only during the unit’s tenure in the Section 8 subsidy or Rental Rehabilitation Program.  Also exempted are newly constructed multiple dwellings and vacant dwellings as set forth in this chapter at subsections 19:2-18.1 and 19:2-18.2, respectively.

 

SECTION 2.

 

19:2-2 DEFINITIONS.

 

MULTIPLE DWELLING

 

Shall mean and include any building or structure and land appurtenant thereto containing three one or more apartments or rented or offered for rent to three one or more tenants or family units.

 

SECTION 3.

 

19:2-2.1  APPLICABILITY.

 

All multiple dwellings, as defined in Subsection 19:2-2, are subject to Rent Control pursuant to this Title XIX Rent Control.

 

SECTION 4.  Any existing ordinance, or part thereof, inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency.

 

SECTION 5.  If any section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective.

 

SECTION 6.  Codification. This Ordinance shall be a part of the Code of the City of Newark 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 Newark 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.

 

SECTION 7.  This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

 

STATEMENT

 

This Ordinance amends Title XIX Rent Control, Chapter 19, Rent Control Regulations; Rent Control Board, Section 19:2-2, Definitions, to amend the definitions of Exemptions and Multiple Dwelling, and adds subsection 19:2-2.1, Applicability.