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

2 Whereas, the Township’s Law Department may submit with regard to this remand some further legal advice to the Board in the form of a Memorandum to the Board Administrator in order to provide some further direction and advice to the Board regarding this matter and its role generally; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that having considered de novo and on the record below the Tenants’ appeal of the West Orange Rent Leveling Board’s decision in the matter of 91 Ashland Ave., LLC, the Landlord’s petition for hardship and major capital improvement relief under the Township’s Rent Control Ordinance as codified in Chapter 15, §15-1, et seq., and the Council having determined that the record below does not provide sufficient information from which the Council can make its own independent determination as to whether or not the Landlord has met its burden of proof with respect to its petition and the relief sought, the entire matter is and hereby is remanded to the Rent Leveling Board for such further hearing and deliberation as the Board requires or wishes to arrive at a correct and supportable decision based on the language in the Township’s Rent Control Ordinance 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 so that the Council can determine and fully understand the Board’s decisions and the reasoning supporting them; and BE IT FURTHER RESOLVED, that the Board shall consider in its further hearing and deliberation the overall purpose of rent control in the State of New Jersey, the specific language and provisions contained in the Township’s Rent Control Ordinance, the specific issues raised by the Landlord’s petition, the minimum proofs any landlord should present in order to satisfy the Board, any and all evidence and objections in opposition by the Tenants, and the fact that the Board is creating a record which will be considered in any appeal of its decision, whether by the Township Council or a Court of Law; and BE IT FURTHER RESOLVED, that the Council wishes the Board to specifically address, consider and determine the following: • verify any and all income being received by the landlord from the property, not just rent received from the residential tenants; • verify all expenses paid by the landlord

d determine the following: • verify any and all income being received by the landlord from the property, not just rent received from the residential tenants; • verify all expenses paid by the landlord for the property, including submission of documentation for such expenses, including, but not limited to, monies paid for and debt incurred for the purchase of the property, mortgage payments, taxes, utilities, common area expenses, repairs, all expenditures for the property, bills, vouchers, and similar documentary evidence to support the Landlord’s claim of hardship under the Ordinance; • consider whether or not existing leases comply with our ordinance, whether or not all required notice has been properly given by the Landlord, and all other prerequisites for relief contained in the ordinance have been met, or the Board’s justifications for waiving such compliance;