File #: 19-1184    Version: 1 Name: Ordinance: Amending Title XIX Rent Control to eliminate appeals to the Municipal Council (CAAW)
Type: Ordinance Status: Adopted
File created: 7/12/2019 In control: Municipal Council and City Clerk
On agenda: 8/7/2019 Final action: 8/20/2019
Title: AN ORDINANCE TO AMEND 6PSF-a(s) ADOPTED ON SEPTEMBER 5, 2017, TITLE XIX, RENT CONTROL OF THE REVISED GENERAL ORDINANCES OF THE CITY NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ELIMINATE APPEALS TO THE MUNICIPAL COUNCIL.
Sponsors: Council of the Whole
Title
AN ORDINANCE TO AMEND 6PSF-a(s) ADOPTED ON SEPTEMBER 5, 2017, TITLE XIX, RENT CONTROL OF THE REVISED GENERAL ORDINANCES OF THE CITY NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ELIMINATE APPEALS TO THE MUNICIPAL COUNCIL.

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WHEREAS, the City of Newark Municipal Council is desirous of amending 6PSF-a(S) adopted on September 5, 2017, Rent Control Ordinance to only eliminate an appeal of decisions to the Municipal Council, which the Governing Body is ill-equipped to consider the technical aspects of a de novo appeal, which is only on the record developed below; and
WHEREAS, no other portion of the ordinance is amended.
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: Title 19, Rent Control, Chapter 2, Rent Control Regulations; Rent Control Board of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended as follows:
19:2. CHAPTER 2 RENT CONTROL REGULATIONS; RENT CONTROL BOARD
19:2-5.4. Appeals.
Any party dissatisfied with the ruling of the Rent Control Board on a Tax Surcharge Application may appeal the matter to either the Law Division of the Superior Court in accordance with New Jersey Court Rules or the Municipal Council by filing a notice of appeal with the City Clerk within forty-five (45) days of the Board's ruling. Any party dissatisfied with the decision by the Municipal Council may appeal the matter to the Law Division of the Superior Court in accordance with New Jersey Court Rules. (Ord. 6 PSF-A(S), 9-5-17)
19:2-7.4. Appeals.
Either the landlord or tenant may appeal the findings or order of the Rent Control Board regarding a major new improvement application to either the Law Division of the Superior Court in accordance with New Jersey Court Rules or the Municipal Council by filing a notice...

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