229-22 Appeal of Rent Leveling Board Decision_91 Ashland Ave LLC_09012022_KWK.pdf

1 229-22 September 6, 2022 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY, REMANDING TO THE RENT LEVELING BOARD THE TENANTS’ APPEAL OF THE DECISION OF THAT BOARD GRANTING RENT INCREASES FOR HARDSHIP AND OTHER RELIEF TO THE LANDLORD, 91 ASHLAND AVE., LLC, FOR FURTHER INFORMATION AND CONSIDERATION. Whereas, The Township of West Orange’s Rent Leveling Board (“the Board”), formed and operating pursuant to The Revised General Ordinances of the Township of West Orange, Chapter 15, §15-1, et seq., (“the Rent Control Ordinance”) considered the application of landlord 91 Ashland Ave., LLC, (“the Landlord”) for relief under its hardship and major capital improvement provisions contained in §15-3.3 a., and b.; and Whereas, the Board heard testimony of the Landlord and several Tenant objectors over the course of hearings conducted on February 10, March 10, and April 14, 2022, then deliberated and came to a decision on May 12, 2022, that decision and the resulting remedies then set forth in a 4-page (unnumbered) letter of Peter Smeraldo, Board Administrator, dated June 10, 2022, which decision and remedies have been appealed to the West Orange Township Council by the Tenant objectors (“the Appeal”); and Whereas, on August 23, 2022, the Township Council met to consider the Appeal de novo based on the record below, being the videotaped Board hearings, documents filed with the Board by the Landlord and Tenant objectors, and the Board’s deliberations; and Whereas, after review of that record the Township Council could not determine the Board’s reasoning for its decision and remedies, no rationale, or insufficient rationale for them being readily apparent from the hearings, deliberations and the resulting Board Administrator’s letter-decision dated June 10, 2022, which was marked “C-1" for identification at the Council’s hearing; and Whereas, the Township Council in its deliberations determined it best and necessary to remand the matter to the Board for further hearing and deliberation if necessary and for a formal Resolution of the Board setting forth its detailed findings of fact, conclusions of law and the remedy(ies) to be imposed as a result, and to clearly provide the reasoning for its decision; and Whereas, the Township Council also expressed some specific evidential and information shortcomings and some

y(ies) to be imposed as a result, and to clearly provide the reasoning for its decision; and Whereas, the Township Council also expressed some specific evidential and information shortcomings and some further directions to the Board which will be set forth in some detail in the below resolving clause of this Resolution in order to guide the Board in its proceedings on remand; and