references for Chilton Towers presentation
Judge Walter R. Barisonek
Superior Court of New Jersey
docket UNN-L-001180-07 filed Nov 26, 2007
Chilton Towers, LLC -vs- Fair Rental Housing Board of the City of Elizabeth
and the Chilton Towers Tenant Association
Legow appealed the rent board's decision. The judge DISALLOWED THE 5% INTEREST.
Carlyle Towers v. Rent Review Board of the Borough of Caldwell
A-6381-04T3 (N.J. Super. App. Div. 2006) (Unpublished)
Carlyle Towers is a building that is very similar to Chilton Towers, also owned and operated by Legow.
The Appellate Division found that if an item is a replacement,
had been previously provided, or was required to be provided by law or by the lease,
then it did not fall under the municipality's definition of a major capital improvement.
In this case, the windows and air conditioning were required by law and by the lease.
Since the two items were previously provided in the building,
these two improvements constituted replacements.
Elizabeth Ordinance 5.70.010
Capital improvements shall be defined as an added benefit to the use of the building and enjoyment of the tenants therein. It shall be a benefit which substantially changes the housing accommodations. Capital improvement shall not include any repair or replacement of an already existing facility, or those items or services required by law, or previously required by law. The addition of, or improvement, to laundry rooms, vending equipment and facilities and items of like nature shall not be considered capital improvements. The conversion of one heating system for another or the replacement of windows of similar quality shall not be deemed a capital improvement
Capital Improvement shall not include any repair or replacement of an already existing facility
or those items or services required by law ...
The conversion of one heating system for another ... shall not be deemed a capital Improvement
Elizabeth Ordinance 5.70.120 - Capital improvements or service surcharge.
Elizabeth 5.70.160 - Maintenance of services and equipment by landlord.
A. During the term of this chapter,
the landlord shall maintain heat and air conditioning, were applicable, in the housing space,
as well as the same standards of
service, maintenance, furniture, furnishings and equipment in the housing space and dwelling
as he or she provided or was required to do by law or lease at the commencement of the lease.
Elizabeth ordinance 5.70.200 - Collection of additional fees, late fees, rental increases or surcharges
Elizabeth ordinance 5.70.230 - Violations and penalties
Chapter 15.12 - HOUSING CODE
Article VI - Basic Facilities
15.12.400 - Heating facilities required.
Every dwelling, dwelling unit, rooming house and rooming unit
occupied during normal heating periods shall have heating facilities
capable of maintaining a minimum inside temperature
of seventy (70) degrees Fahrenheit in all habitable rooms and bathrooms.
Chapter 15.12 - HOUSING CODE
Article VII - Installation and Maintenance of Facilities
15.12.430 - Maintenance of plumbing fixtures.
Every water line, plumbing fixture and drain located in a structure used for human habitation
shall be properly installed and connected in accordance with state law and applicable ordinances,
and maintained and capable of performing the function for which it was designed.
15.12.460 - Maintenance and operation of heating equipment.
B. It shall be the responsibility of the owner of a dwelling of four more units
to annually service all heating units or systems therein and to make all repairs thereof.
Such servicing and repairs shall be completed on or before September 15 of each calendar year. A certification shall be filed with the health officer of the department of health, welfare and housing no later than October 1 of each calendar year certifying that all repairs and servicing have been completed and by whom. Failure to file a certification by the date hereinabove cited shall be a prima-facie violation of the code and shall subject the violator thereof to the penalties set forth in the general penalty provision of this code.
NJAC CHAPTER 10
MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS
SUBCHAPTER 14. HEATING page 120
§ 5:10-14.3 Standards of maintenance
(a) The heating equipment, facilities and system and all
parts thereof shall be kept in good operating condition,
free of defects, corrosion and deterioration at all times.
(b) Heating equipment shall be installed and maintained
in such a manner as to avoid leakage
of or concentration of liquids, gases and solid matters
which may constitute hazards or violations of this chapter.
Trane claims their
UniTrane Fan Coil with Tracer controller
delivers up to 66% energy savings
Tax Deductions for Commercial Buildings
The commercial building deduction appears at new section 179D,
which was enacted in the Energy Policy Act of 2005.
The provision allows a deduction to a taxpayer who owns, or is a lessee of,
a commercial building and installs property as part of the commercial building's
interior lighting systems, heating, cooling, ventilation, and hot water systems,
or building envelope.
Certification must be obtained to verify that the property installed
satisfies the energy efficiency requirements of section 179D.
IRS Notice 2006-52, Notice 2008-40 and Notice 2012-26
provide guidance on deduction for energy efficient commercial buildings
Internal Revenue Bulletin: 2012-17
April 23, 2012
Notice 2012-26
Modification of Notice 2008-40; Deduction for Energy Efficient Commercial Buildings