On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-577-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 10, 2010
Before Judges Stern and Newman.
This is an appeal from an order denying defendants Charles and Suzanne Rosen a vacancy decontrol increase of twenty-five percent for 2004 on Apartment No. 4E, 334 Hudson Street, in a building owned by them in Hoboken. The Hoboken Rent Leveling and Stabilization Board (the Board) denied that relief. Judge O'Shaughnessy affirmed the Board's action on the basis that it was neither arbitrary, capricious, or unreasonable. In his oral decision of January 8, 2009, Judge O'Shaughnessy relied on a prior decision of this court involving the same landlord. Rosen v. Hoboken Rent Leveling & Stabilization Board, Docket Nos. A-3188-06 and A-3764-06 (App. Div. Sept. 12, 2008).*fn1 There, the landlord was obligated to file the vacancy decontrol certificate upon the entry of the new tenant or within one year of occupancy of the new tenant. This court held that where a tenant after moving in during 2004 filed for a legal rent calculation (LRC) in 2005, the decontrol certificate filed subsequent to the filing of the LRC request was untimely. Id. at 2, 14. We now affirm.
On appeal, defendants raise the following points for our consideration:
THE LOWER COURT'S DECISION PERMITTING PLAINTIFF TO PARTICIPATE IN THE REMAND PETITION PROCEEDINGS SHOULD BE OVERTURNED.
POINT II THE DECISION OF THE LOWER COURT FINDING THAT THE BOARD WAS NOT ARBITRARY AND CAPRICIOUS IN DENYING A VACANCY DECONTROL FOR 2004 SHOULD BE OVERTURNED.
We need not address Point I because it makes no difference in the result. Even if we were to agree that plaintiff Laura Ciociolo should not have been permitted to participate, it does not impact on whether the judge's decision that denied a 2004 vacancy decontrol by the Board was correct.
The legal principles which govern this appeal and were relied upon by Judge O'Shaughnessy were set forth in Rosen v. Hoboken Rent Leveling & Stabilization Board, supra, which had this to say about the Hoboken Rent Control Ordinance:
First, we note that the Ordinance has the following provision:
§ 155.29. Construal Provisions.
This chapter, being necessary for the welfare of the city and its inhabitants, shall be liberally construed to effectuate the purposes thereof as set forth in its preamble. The purpose of the Ordinance is to stabilize rents and to provide a public record system so that landlords, tenants and the Rent Leveling Officer can quickly ascertain the "legal" rent for any apartment. The requirements of an annual registration statement and a vacancy decontrol ...