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

3 • tenants have no burden of proof, but if able to do so, should be invited to substantiate any claims they have about additional income generated from the property to the Landlord and any further relevant testimonial or documentary evidence they wish to offer in opposition to any of the relief sought by the Landlord; • to the extent the Board is granting the Landlord relief based on its “major capital improvement” petition, identify the specific capital improvements it finds to have been completed to be “major” and all of the other required information contained in Section 15-3.3 b., including, but not limited to, the surcharge being sought from each tenant and how the specific percentage limitation on relief provided for in the ordinance has been met; • prepare, consider, adopt and provide a formal Resolution of the Rent Leveling Board setting forth the Board’s detailed findings of facts, conclusions of law, and the remedy(ies) to be granted, the Resolution to make clear the Board’s reasoning, how it arrived at its findings of facts, conclusions of law and its remedy(ies), so that in the event of an appeal, whether to the Council or to the Superior Court of New Jersey, Law Division, the appellate body can fully understand and consider what occurred with respect to this petition before the Board, the testimonial and documentary evidence considered, and then to make its own determination based on the record of the proceedings before the Board as required by law; • in remanding this matter to the Board, the Council wishes to convey that it is not in favor of and will not support gentrification of the neighborhood in which the Landlord’s property is located, gentrification being contrary to the intent of the Township’s Rent Control ordinance; and BE IT FURTHER RESOLVED, that the Council wishes the Board to take the time it needs to act properly in this matter, but also to act in reasonably expeditious fashion in view of the interest all have in coming to a resolution of all of the issues on a timely basis. Karen J. Carnevale, R.M.C Susan McCartney Municipal Clerk Council President Adopted: September 6, 2022