Background:

Rent control was adopted in New Brunswick in 1973. The purpose of the ordinance is to allow owners to receive a fair return on their investment and to protect tenants from steep annual rent increases. The process allows for mediation for rent disputes and for binding decisions regarding allowable rent increases. The ordinance was significantly amended in April 2003 and again in September 2003. The amended ordinance is available on-line via a link on this page.

Rent Control Board:

The Board consists of 5 members and 2 alternates, with at least 1 tenant, 1 landlord and 1 homeowner being members. The ordinance also requires that a student tenant be given consideration for the tenant or tenant alternate position.

Meeting Schedule

• establishing rental increase limits
  
• conducting hearings to settle disputes
  
• granting surcharge relief
  
• setting rules and regulations to implement the ordinance

Rental Units Covered:

Units Which Do Not Register:

• NJ State Licensed boarding house units
  
• Public housing units
  
• College dormitory rooms
  
• Motels and hotels
  

Units Which Must Register ANNUALLY in compliance with the Periodic Housing Inspection Ordinance but are NOT Rent Controlled

• 3-family owner-occupied rental properties
  
• Project-Based Section 8 units
  
• Qualified new construction - contact the Rent Control Office for qualifications
  

Units Which Must File an Annual Notice

• 2-family owner-occupied rental properties

All other rental units must register annually and rental increases are regulated by the City's Rent Control ordinance

All covered rental units must file a registration form with the Rent Control Office by April 1 of each year

The registration fee is $20/unit and there is a $5.00 per unit late charge fee for any rental that registers after April 30th

Guide to Rental Registration Form

Rental Registration Form
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Rent Increases:

The Rent Leveling Board adopts the maximum increase limit annually. The increase can not be less than 2.5% or more than 5.5%

Maximum increase for 2008 3%

Rent can not be increased more than once in a 12-month period

Landlord must notify the tenant in writing at least 30 days prior to the effective date of the increase

Landlord must provide the tenant at lease signing and at each lease renwal with a copy the "Plain Language Summary of Rent Control", a copy of the most recent filing of the rental registration for the unit, a copy of any VDC or surcharge applications made in the past 12 months and a calculation showing how the new rent was calculated in compliance with the rent control regulations. This applies to both written and oral leases.

Vacancy Decontrol:

Please pay attention to these three (3) notices that are a part of EVERY Vacancy Decontrol Application submittal "

Notice by landlord to tenant in writing of any VDC application (by regular and certified mail) - This means that you (landlord) must send (by regular and certified mail) to your NEW tenant (at least one (1)) on your signed lease that you have filed for a Vacancy Decontrol with the Office of Rent Control. "

Notarized statement by landlord (attached to the Vacancy Decontrol Application) to the Office of Rent Control Board that proper notice has been made to the new tenant(s). - This means that when you submit your VDC application you are required to submit in writing and notarized, that the tenant(s) were properly notified (as in the statement above) This step completes your application process "

Notice by the Office of the Rent Control Board to landlord and tenant (when occupied) of the approval/disapproval of any Vacancy Decontrol Application - This is the letter that follows up to both the landlord/owner and to the tenant(s) regarding the application process. "

Note - Vacancy Decontrol Applications can be submitted to this office prior to new tenants occupying a unit. Once a lease is signed and the paperwork is done, the application can be submitted for approval at that time.

Upon the voluntary vacancy of a unit or after a legal eviction, the owner may apply for decontrol of the unit

Guide to Vacancy Decontrol Forms

Vacancy Decontrol Forms

Vacancy Adjustment: If the unit has been decontrolled to market rent in the past 5 years, the rent on a vacant unit can only be increased by the sum of the annual base rent increase + 4%. (Example: If the annual allowable base rent increase is 2.7%, the vacancy adjustment increase can be up to 6.7%) A vacancy adjustment can not be taken more frequently than every other year.

Market Decontrol: If the vacant unit has not had a market decontrol in the past 5 years AND the owner has made an investment over the past 5 years equal or greater than 15% of the past year's annual rent, the rent can be raised to whatever rent the landlord and new tenant mutually agree upon.

Rent control applies to any subsequent leases with the same tenant.

Filing A Complaint:

A tenant or landlord with a complaint can file a complaint form with backup documentation with the Rent Control Office at 25 Kirkpatrick Street. The Rent Control Office will attempt to mediate the dispute between the aggrieved parties. If the dispute remains unresolved, the matter will be heard by the Rent Control Board. The decision of the Board is binding.

Tenant Complaint Form

Surcharges:

• Hardship Surcharge: owner may apply for a hardship surcharge if operating costs exceed 60% of gross revenue
  
• Capital Improvement Surcharge: owner may apply for reimbursement for the cost of improvements that provide a new benefit to the tenant