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. This
emergency 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)

122
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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

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 surcharges
pursuant 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.

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 shall
hereafter 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 termination 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 percentage
annual 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.
12-3.3 Landlord Required to Notify Tenant of Rental Increases.

(Ord. #6-1984, 3)

Any landlord seeking an increase in rent shall notify the tenant of said increase, in the form, manner
and 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.

(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.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 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

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 the
notification 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)

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 of
New 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 the
Landlord 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 issue
shall 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 certificate regarding substantial compliance from the office of
the Construction Official notifies the Rent Leveling Board that the party seeks the assistance of

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 of
such 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.

Operating expenses shall not include capital expenditures, mortgage interest or amortization, fees or
insurance attributable to financing or any other expenses related to debt, depreciation 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 major
capital improvements, according to the duration of the expense or period of time the expense
covers. The Board shall also have the authority to limit 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 level
of 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 common
area of the building, which notification shall include a description of the proposed capital improvement,
total 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

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 application 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 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 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 the
Board, 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

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 the
increase 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 Rental
Preservation 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 granted
or denied in the discretion of the Council, upon application filed with the Township Clerk. The
application 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 affidavit 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.

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 initial 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 roll
registrations 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 any
unit admitted into the Program will be established as provided in this subsection 12-3.10 as long as
the unit remains in the Program. However, immediately upon the occurrence of any event which
would disqualify a unit from the Program, that unit again becomes, subject to the rent controls
imposed 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 of
qualification 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 rehabilitated, in order to

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

e.

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.
Recently Renovated Apartments. An apartment will be "Recently Renovated" within the
meaning 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.

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 person
who 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 otherwise
by reason of renovations made by the landlord qualify for a capital improvement
surcharge under this ordinance, shall constitute an irrevocable election by the landlord not
to apply for a capital improvement surcharge. Thereafter, no capital improvement surcharge
may be granted for such apartment based upon the renovations made by the landlord prior
to 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 in
this 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

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 Registration. 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 shall be designated as "Alternate No. 1" and "Alternate No. 2" at the time of their
appointment. Alternate members shall be entitled to participate in 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

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 all 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

(30) days from receipt of application for the appeal, the determination of the Rent Leveling Board
shall be final.
12-5

ADDITIONAL REGULATIONS.

(Ord. #6-1984, 14)

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 limited to the willful filing 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.

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
(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

$8.00

$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

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)

129
-

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)

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 Legislature of the State of New Jersey enacted the Senior Citizen and Disabled Protected Tenancy Act under which, as of
July 27, 1981, all eligible senior citizens and disabled individuals who qualified would 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:

Application to the Rent Control Board for eligibility, $25.00 per apartment unit.
Hearing Fee before the Weehawken Rent Control Board (1) Ten (10) units and under -$25.00;
(2) Eleven (11) units and over - $50.00
c . Filing fee for appeal to governing body, $150.00.

TOWNSHIP OF WEEHAWKEN
HUDSON COUNTY, NEW JERSEY
AN ORDINACE AMENDING
ORDINANCE #1-1989, CHAPTER 12, RENT

CONTROL, OF THE REVISED GENERAL

ORDINANCES OF THE TOWNSHIP OF
VVEEHAVVKEN, 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

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 occupied
unit 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 rent
increase, but shall not exceed twelve (12) months in duration unless
approved by the Board. A sample form of agreement may be promulgated by
the Board.
Whenever a vacant rental unit in an owner occupied property that is exempt from 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 vacant unit shall be the actual
rent 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 willful
filing 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. A
violation involving a required filing shall be considered a separate violation as to each
required 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 the
acceptance and filing of late statements.
1)
Where a new owner of a property fails to file an annual registration
statement for a period of not more than one (1) year, or where an owner who
has previously filed an annual rent registration statement for a property, fails to
file annual registration statement(s) for that property for a period of not

more than two (2) years, the Board Secretary may accept the late filing
of the
statement(s) and the owner shall pay a late fee of five dollars $5.00 per unit, in
addition to the normal registration fees, for each late statement filed.
Where an owner not covered b subsection 1) above, fails to file annual
registration statement(s) for a property, the Board Secretary may
conditionally accept late statement(s) and the owner shall pay a late fee
of fifteen dollars
15.00 Per unit in addition to the normal registration fees for each late
statement submitted. The statement(s) however shall not be deemed filed
until the owner complies with subsection 3) below.
When required by the provisions of subsection 2) above, an owner's late
submission will not be deemed filed unless the owner has submitted proof to
verify the information contained in the registration statements, in a form and
manner satisfactory to the Board. The Board shall notify each residential
tenant in the building of the submitted late gins and advise that should
the tenant
dispute any information reported therein, the tenant may notify the Board
within thirty (30) days. If any objection is raised by a tenant o the matter
shall 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 submitted
with that statement the Board's staff may review same for completeness and
accuracy. 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, the
matter shall be referred to the Board for hearing at public meeting on notice to all
parties.
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

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 the
Township of Weehawken, New Jersey, on September 12, 2013 and ordered published, and
will be further considered before final passage at a public hearing on September 25, 2013
at 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 of
the public of the Town who shall request such copies, at the Office of the Town Clerk in said
Town Hall in Weehawken, NJ.