Tenants:  Know Your Rights when you rent a condo

Before you sign a lease, make sure it follows New Jersey state law.

If you are given a lease claiming that your tenancy can be terminated upon sixty days’ notice, it is probably illegal.  This is happening today in Hoboken in the case of many condo conversion units on the rental market.

Such a notice of 60-day termination can only be given to a tenant whose initial tenancy began after the master deed or agreement establishing the cooperative (or condo unit) was recorded.  It is also must be given to a tenant, or prospective tenant, as a separate statement.

Here is a link to the full text of the New Jersey Eviction Law.  With regard to condo rentals, see Section 2A:18-61.9, Notice to tenant after master deed or agreement to establish cooperative.

If you have questions about any of the above, call NJTO — the New Jersey Tenants Organization, at 201-342-3775, or e-mail the Hoboken Fair Housing Association at hobokenfairhousing@gmail.com.

Know Your Rights.

On Tuesday November 8^th

Vote YES to Reject Ordinance Z-88 and Defend Tenants’ Rights!

Citizens of Hoboken:

Hoboken’s November 8, 2011 General Election ballot contains PUBLIC QUESTION #2: “Shall the Ordinance Z-88, adopted by the City Council of the City of Hoboken, which amends certain provisions of Chapter 155 of the City Code, entitled “Rent Control” be repealed?”

You should vote YES to reject Z-88 for two reasons:  first, it is unfair and harmful to tenants, and second, to force the Mayor and Council to consider the rights and concerns of all affected citizens when they create or amend laws, not merely those with the most money.

Ordinance Z-88 harms tenants in many ways:

• Z-88 changes the base year (from which legal rents are calculated) from 1973 to 1985, so all illegal rents charged during those years are legalized.
• Z-88’s “period of repose” provision prevents a tenant from recovering more than 2 years of illegal rent overpayment.  This cheats the tenant and rewards the landlord who charged an illegal rent.
• Z-88’s “statute of limitations” provision prevents a tenant from recovering ANY illegal rent overpayment if the tenant does not request a legal rent calculation within 2 years of receiving a “disclosure statement” which does NOT even “disclose” that the registered rent may be illegal.
• Z-88 permits a landlord to submit “alternative proofs” to justify past rent increases to substitute for missing registration and vacancy decontrol (VD) forms which existing RC requires for rent increases.  Unfortunately, these “alternative proofs” need not be valid evidence at all:  a certification from the landlord could suffice.  Z-88 would thus permit an unscrupulous landlord to insert one or more illegal VDs based only on his certification and no other evidence.  Prior tenants who might refute such certifications may have left Hoboken and/or be unaware that the RC hearing is even happening.  This would not only legalize a present illegal rent, it would also allow the present legal rent to be jacked up far beyond what the current tenant is paying, encouraging the landlord to evict that tenant so the next tenant will pay the much higher rent.
• Z-88 gives the Rent Control Board the “equitable authority” to depart from the RC law when they think it is “fair” to do so, completely undermining the law.
• Finally, Z-88 specifies that more changes to the law will follow, making it more difficult for affected citizens to protest with a referendum petition as they lose their rights one step at a time.

These Z-88 RC changes reward landlords who violated the law and encourage them to evict tenants who pay legal rents.

All nine of the councilpersons who voted to pass Z-88 indicated on the record that they had problems with it, but they voted for it anyway, forcing concerned citizens to collect 3,158 referendum signatures and go to court to get the issue on the ballot for the voters of Hoboken to decide.

If you or any of your friends and neighbors are tenants who will lose RC protections and possibly their homes, you have the opportunity to take part in a democratic process and do something about it:  

Vote YES to reject Z-88

to defend tenants’ rights and to force the Mayor and Council to properly represent you!  Let
your voice be heard:  democracy and justice can prevail over money! 

Vote YES to reject Z-88!

Hoboken’s Rent Control Ordinance

Amendment to the RC Ordinance: Z-88

Premiere of Nora Jacobson’s Hoboken Waterfront Referendum along with Delivered Vacant to be presented by Hoboken Fair Housing Association.

Nora Jacobson’s Delivered Vacant, the movie the New York Times called “a story of greed, hope, political action, bewilderment, free enterprise, idealism and rampant opportunism” will be shown at the Community Church, 606 Garden Street on Saturday, October 29 at 7pm. Also screening will be the WORLD PREMIERE of the unreleased 35-minute Jacobson documentary film on the first waterfront referendum when Hoboken voters rejected the Port Authority’s massive development in favor of a what is now Pier A park by twelve votes. Both films are being shown as a fundraiser for Hoboken Fair Housing Association, a citizen-activist group dedicated to protecting rent control. Admission to both films, $15.

From Delivered Vacant

If you rent an apartment in Hoboken there is a good chance you are protected by rent control. What does this mean?  It means you are protected under Hoboken’s rent control ordinance and your landlord has to follow the law when raising your rent, passing along tax surcharges, improvement surcharges, etc. If you think your rent may be illegal you can request a legal rent calculation through the Rent Leveling and Stabilization Office located at City Hall. Here is the form you will need to fill out and bring with you http://www.hobokennj.org/docs/rent/LRC_Request.pdf. If you find out your rent is illegal you will only be able to re-coup up to two years of over-payment. That’s right – you landlord will keep your money even though you were illegally overcharged. Why? Because a small group of wealthy developers and landlords (with a lot of support from the real estate industry) pressured the City Council to make changes to the Rent Control ordinance  that is favorable to them and places renters at a complete disadvantage.  In addition to changing the ordinance to make it easier to cheat renters out of their money the new ordinance includes:

• Equitable authority which allows the landlord-biased Rent Control Board to depart from the RC law in their decisions.

•  Disclosure statement which supposedly notifies tenants of their RC rights without disclosing that the rent they are paying may be illegal.

•  Alternative proofs which allows a landlord to obtain rent increases without proper proofs that they complied with the law.

These changes weaken the Rent Control law, making it easier for landlords to illegally raise rents and get away with it, thereby encouraging them to evict current tenants.

 The most important thing you can do is VOTE!

On November 8 vote YES to Public Question 2

Learn about Rent Control

We are a group of Hoboken and Hudson County residents who are concerned about preserving affordable, stable housing in Hoboken, NJ. We are tenants, property owners, activists, landlords — all united to defend the character and livability of our neighborhoods.

If you are a renter in Hoboken it’s very possible you are protected by rent control. See the FAQ’s to find out if you are. Rent control is under a very real threat and we hope you will take the time to investigate this issue with the information on this site. If you have further questions, or would like to contribute your time, please contact us at hobokenfairhousing@gmail.com

The most important thing you can do is VOTE!

On November 8 vote YES to Public Question 1