Island Ordinance of to lay down further rules in connection with the introduction of the Dutch Caribbean Rental Housing Market Measures Act (Rental Property and Price Assessment Ordinance Saba)

Geldend van 01-01-2018 t/m heden

Intitulé

Island Ordinance of to lay down further rules in connection with the introduction of the Dutch Caribbean Rental Housing Market Measures Act (Rental Property and Price Assessment Ordinance Saba)

Considering:

Articles 1.3, third paragraph, 1.8, 1.13, first and third paragraph, 1.15, second paragraph, 1.43, third paragraph, and 1.45 of the Dutch Caribbean Rental Housing Market Measures Act

Chapter I. General provisions

Article 1

In this Island Ordinance, the following shall be meant by:

Executive Council: executive council of the public entity;

Island Council: island council of the public entity;

Rent Assessment Committee: the rent assessment committee referred to in Article 1.4 of the Act;

rent: the price due for renting (out) for the mere use of a dwelling, expressed in an amount per month;

members in office: the members referred to in Article 1.5 of the Act; public entity: the public entity of Saba;

Act: the Dutch Caribbean Rental Housing Market Measures Act;

dwelling: an enclosed space meant to be occupied by a household, whether or not together with one or several other spaces.

Article 2

The provisions in this island ordinance shall apply to dwellings located in the public entity.

Chapter II. Rent-control ceiling

Article 3

1. The amount referred to in Article 1.3, third paragraph, of the Act shall be an amount still to be determined by the Island Council.

2. The amount referred to in the first paragraph shall be adjusted to the inflation in Saba a established by the Central Bureau of Statistics each year as of January 1 by island ordinance to be enacted by the Executive Council.

Chapter III. Legal status, salary, and other allowances

Article 4

Reserved

Article 5

1. The members in office shall receive an allowance in the amount still to be determined by the Island Council per session and per meeting of the Rent Assessment Committee referred to in Article 1.4 of the Act.

2. The amount referred to in the first paragraph shall be adjusted to the inflation in Saba as

established by the Central Bureau of Statistics each year as of January 1 by island ordinance to be enacted by the Executive Council.

Chapter IV. Evaluation of the quality of the dwelling and the maximum rent limits

Article 6

1. The evaluation of the quality of the dwelling referred to in Article 1.13, first paragraph, of the Act shall take place in conformity with the evaluation system contained in Annex I of this ordinance and the explanation given hereof.

2. The maximum rent limits for dwellings shall be the amounts in Annex II of this ordinance as of July 1, 2018.

3. On July 1 of each year, the maximum rent applicable on the previous June 30 pursuant to Annex H of this ordinance shall be indexed with the inflation rate, on the understanding that the amounts calculated on this basis are rounded up to whole USD.

Chapter V. Maximum rent increase rate

Article 7

The Rent Assessment Committee shall assess the reasonableness of the rent of the dwelling or a proposed change in same with due observance of the schedule contained in Annex III of this ordinance.

Chapter VI. Maintenance enforcement provisions

Article 8

1. When the reasonableness of the rent to be charged pursuant to Article 1.15, first paragraph, or Article 1.19, first paragraph, of the Act is assessed, the Rent Assessment Committee shall consider whether one or more circumstances referred to in Annex IV of this ordinance present themselves with regard to the dwelling. In this connection, the Rent Assessment shall state the minimum of the rent to be charged that it considers reasonable:

a. if a circumstance presents itself as referred to in Annex IV, number 1, category A, of  this ordinance: 20% of the rent agreed on;

b. if a circumstance presents itself as referred to in Annex IV. number 1, category B, of this ordinance: 30% of the rent agreed on;

c. if a circumstance presents itself as referred to in Annex IV, number 1, category C, of this ordinance: 40% of the rent agreed on.

2. In order to give landlord and tenant insight in the policy of the Rent Assessment Committee regarding the categories referred to in the first paragraph and the attached reduction of the rent to be charged that the Rent Assessment Committee will usually consider reasonable, the Rent Assessment Committee shall draw up a document based on rules formulated by it, called a maintenance book. The maintenance book shall he public and be available for inspection at the office of the Rent Assessment Committee.

3. The maintenance book referred to in the second paragraph shall state for each of the circumstances meant in Annex IV, number 1, categories A, B, and C, of this ordinance the minimum rent to be charged to be stated by the Rent Assessment Committee.

4. If the Rent Assessment Committee has subdivided the categories described in Annex IV, number 1, of this ordinance in accordance with how seriously the fitness for human occupation is harmed, in its opinion, the third paragraph shall apply by analogy to this subdivision.

5. If two or more of the circumstances meant in Annex IV, number 1, categories A, B, and C, of this ordinance simultaneously present themselves, for the application of the first paragraph the Rent Assessment shall state as the minimum rent to be charged that it considers reasonable the rent belonging to the circumstance for which the board and chairmen in office have stated the lowest rent to be charged in the maintenance book.

Chapter VII. Implementation

Article 9

1. An application for a decision as referred to in Article 7a:1603b of the Civil Code BES shall be filed on a form in conformity with Annex V of this ordinance. 

2. An application for a decision as referred to in Article 7a:1603f, first paragraph, of the Civil Code BES shall be filed on a form in conformity with Annex VI of this ordinance.

3. An application for a decision as referred to in Article 7a:1603f, second paragraph, of the Civil Code BES shall be filed on a form in conformity with Annex VII of this ordinance.

4. An application for a decision as referred to in Article 7a:1603f, fifth paragraph, of the Civil Code BES shall be filed on a form in conformity with Annex VIII of this ordinance.

5. An application for a decision as referred to in Article 7a:1603g of the Civil Code BES shall he filed on a form in conformity with Annex IX of this ordinance.

6. An application for a decision as referred to in Article 7a:1603h of the Civil Code BES shall be filed on a form in conformity with Annex X of this ordinance.

7. An application for a decision as referred to in Article 7a:1603i of the Civil Code BES shall be filed on a form in conformity with Annex XI of this ordinance.

8. An application for a decision as referred to in Article 7a:1603j of the Civil Code BES shall be filed on a form in conformity with Annex XII of this ordinance.

9. An application for a decision as referred to in Article 7a:1603k of the Civil Code BES shall be filed on a form in conformity with Annex XIII of this ordinance.

10. An application for a decision as referred to in Article 7a:1603I of the Civil Code BES shall be filed on a form in conformity with Annex XIV of this ordinance.

[11. paragraph missing]

12. An application for a decision as referred to in Article 7a:1603o of the Civil Code BES shall be filed on a form in conformity with Annex XV of this ordinance.

13. A form in conformity with Annex XVI shall be used for making a proposal to increase the rent as referred to in Article 1603f.

14. A form in conformity with Annex XVII shall be used for making a proposal to reduce the rent as referred to in Article 1603g.

Chapter VIII. Register

Article 10

1. The public register shall contain a summary of the final words of the decisions given in the last five years by the Rent Assessment Committee and the chairman.

2. The final words of the decisions referred to in the first paragraph shall be saved in the relevant files and shall only contain data that can he public.

Chapter IX. Final provisions

Article 11

1. This island ordinance shall take effect on January 1st, 2018.

2. This island ordinance shall be cited as Rental Property and Price Assessment Ordinance Saba.

Ondertekening

Thus adopted in the public meeting of the Island Council of the Public Entity Saba on November 29, 2017.

Island Registrar,

A.M. Levenstone

Island Governor,

J.G.A. Johnson, M. Ed.

Annex I

Housing evaluation system

The number of points, still to be indicated, will subsequently he multiplied by a so-called point price (so much USD per point). Subsequently, the maximum rent limit per number of points will be determined in a table.

For instance:

The dwelling has 90 points. Based on a point price of 2 USD per point: the dwelling has a maximum rent limit of USD 180. If the rent is actually lower, rent increase (up to that limit) is possible. If the rent iti higher, rent reduction (to that limit) is possible.

Annex II

Maximum rent limits

Number of points

Maximum rent limit

Points still to be determined by the Island Council

An amount still to be determined by the

Island Council

Annex III

Maximum rent increase rate

Applicable rent (in amounts per month)

Rent adjustment

Higher than the maximum rent limit1

Rent reduction2 to the maximum rent limit

Lower than the maximum rent limit

Rent increase up to the maximum rent limit, but no more than a rate still to be determined by the Island Council

1 The maximum rent limit pursuant to Annex II.

2 For a dwelling with a total number of points exceeding an amount still to be determined by the Island Council and an applicable rent with a total number of points still to he determined by the Island Council, rent reduction can take place if the rent level of similar dwellings gives rise to it. The rent of this dwelling cannot he reduced to less than the maximum rent limit belonging to dwellings with a total number of points still to he determined by the Island Council, except with application of Article 8 of this ordinance.

Annex IV

Maintenance enforcement provisions

Category A: very serious defects and flaws with regard to the dwelling

(for instance no fresh air supply, no daylight entering)

Category B: serious defects and flaws with regard to the dwelling

(for instance mold growth)

Category CA: other serious defects and flaws with regard to the dwelling

(for instance no ventilation)

Annex V

Forms