Landlord Tenant Affairs
The Division of Landlord Tenant Affairs is responsible for oversight of rental unit with regards to the amounts or rent charged, and related federal, state and local regulations of rental prices. The Office of Landlord-Tenant Affairs is committed to the premise that everyone is entitled to live in safe and decent housing and that the landlords are entitled to receive a fair return on their investment for providing such housing since May 17, 1973.
It is the responsibility of this office to inform both landlords and tenants of their rights and responsibilities relating to rent control in the City of Atlantic City. The office assists Atlantic City residents and non-residents with a list of agencies that may be able to help them with problems or situations they have encountered that is not in the scope of our Ordinance.
All residential dwellings in the City of Atlantic City are under the auspices of this office except for owner-occupied duplexes, triplexes, newly constructed dwellings (dwellings with four or more units built after June, 1987), Section 8 and public housing.
Within 30 days of occupancy or purchase of a dwelling unit every landlord, owner or rental agent of a dwelling unit subject to the provisions of Ordinance 63 of 1998-Chapter 41 shall register whether currently registered or not with the Landlord-Tenant Affairs Office. The legal base rent to be charged for any unit shall be established at this time.
Each year a landlord may increase the rent by the Consumer Price Index for the previous 12 month prior to the termination of the lease of said periodic tenant without having a hearing. The Consumer Price Index increase is an automatic increase to the extent that the landlord files a copy of the 30-day Notice to Quit, calculations and proof of service with the Landlord-Tenant Affairs Office simultaneously when notifying their tenant. The dwelling unit must be registered prior to any rental increase request. The Consumer Price Index is published quarterly and can be obtained by contacting the Landlord-Tenant Affairs Office. Failure of the landlord providing tenants with the required information and providing that information along with proof to the Landlord-Tenant Affairs Office will make that increase void for that year and the tenant(s) shall recover any increases paid.
A Capital Improvement Surcharge increase may be sought for any contemplated major improvement by applying to the Office of Landlord-Tenant Affairs and may not be associated with any issued code violations.
A Hardship Increase application can be made to Office of Landlord-Tenant Affairs whenever a landlord shall determine that the current net operating income/gross maximized annual income ratio is less than 40{b238aa80f6fb478c813c604b43f2104f80474c0c2b099c78c16d1c06f5f326ee}, or the current year net operating income /gross maximized income ratio is less than the average of three (3) years’ net operating income to gross maximized. The dwelling unit(s) must be in compliance with Ordinance 63-1998-Chapter 41 and state laws pertaining to tenant rights.
The fees for a Capital Improvement and Hardship increase are: $20 for one dwelling/for the first unit in a multiple dwelling, two to fifty (50) units $10 per unit and fifty-one (51) or more units $7.50 each.
Once a dwelling unit is voluntarily vacated by its tenant(s) or becomes vacant by court order the unit is decontrolled until re-rented with a new occupancy permit, the rent will be determined by the landlord and the legal base rent shall be established at this time. The landlord shall notify the Landlord-Tenant Affairs Office of the change and shall register the change along with a copy of the Occupancy Permit for each unit change within 30-days of getting the Occupancy Permit.
The Landlord-Tenant Affairs Board is an appellate body reviewing Cases decided by the Landlord-Tenant Affairs Office and to adjudicate appeals from landlords and tenants.
Any willful violation of any provisions of Chapter 41 is subject to fines and/or penalties.