Prior to any hearing of such application, notice shall be given in accordance with § 134-9C(3).When a landlord shall file an application before the Rent Stabilization Board for a hardship rental increase, the Board shall review said application to determine the eligibility of the landlord for said hardship increase pursuant to this chapter.Except as provided in this chapter, any rental increase at a time other than as provided for above shall be void, and any rental increase in excess of that authorized by the provisions of this section shall be void.A reduction, removal or cessation of or in the privileges, services, furnishings, furniture, equipment or improvements provided to the tenant as part of the rental unit without a commensurate reduction in the rent shall be deemed to be an increase in rent in an amount to be determined by the Rent Stabilization Board.
Whenever a landlord shall determine that the reasonable and necessary operating expenses of a dwelling(s) subject to rent regulations are greater than 60% of the gross maximized annual income of such dwelling(s), said landlord may apply to the Rent Stabilization Board for a hardship increase; said landlord must meet the criteria set forth in this chapter.
If, however, the Board shall determine that the hardship proven by the landlord is of an ongoing nature which was not brought about by temporary conditions and circumstances and the hardship cannot be reasonably relieved by an additional one-year hardship surcharge, the Board may permanently adjust the rent for the subject rental units.
Such an increase shall be considered rent for purposes of rent computation under § 134-3 thereafter.
"Person" shall mean a natural person, a corporation, a partnership or any other entity.
"Indirect ownership" shall be presumed to exist when a rental unit is owned by a person's spouse, child or parent.
The term "qualified senior tenant" shall only apply to senior citizens whose total household income from all sources, whether earned or unearned, and whether or not taxable, does not exceed the most recent per capita annual income figure for Bergen County residents published by the New Jersey Department of Community Affairs.