Dear Editor:
I am providing this letter to you, the Tenants of the City of Hoboken (Hoboken), to advise you that your rights may have been violated — and if they have, to urge you to speak up. I am resorting to this means of communication, after failing, via numerous written and oral pleas, to get Hoboken Officials to correct the identified problems.
By way of some background, Landlord-tenant relationships are governed here, by the Hoboken Rent Control Ordinance. As Officials take a passive stance in the enforcement of the Ordinance and there is a clamor for Hoboken apartments, many landlords are looking to profit by charging excessive and, thus, illegal rents. These landlords gamble that they will never get caught, which in most cases, they don’t. Therefore, as Tenants, you should be aware of the Ordinance and question any seeming impropriety; however, this is only the beginning.
First, let me tell you a little about myself — I am an attorney, who has been an advocate for tenant rights in Hoboken, for some time. During this period, I was able to recently overturn a Regulation that improperly limited the period of time, within which a tenant may request a legal rent calculation.
Unfortunately, not being content, now, with this failure to limit tenants rights, and knowing that it does not have the constituency backing to amend the Ordinance, as required, the Hoboken Rent Stabilization and Leveling Board (Board) has wrongly promulgated another tenant limiting Regulation and several extra benefits for landlords. These are as follows:
1. Refusing to perform a legal rent calculation, the only means to get a return of excess rents for any tenant, who is not currently in residence at the complained of apartment; i.e., any past tenant.
2. Allowing condominium owners to get an exemption from the Ordinance, if they occupy their units for a period of one year.
3. Allowing Landlords to file back-dated annual rent registrations, without any credible supporting documentation and without any limitation in the number of years, to support tenant vacancy decontrols; i.e., higher rents. The Regulations are invalid, because the Ordinance provides to the contrary:
1. Any rental increase in excess of that authorized by the provisions of this (Ordinance) shall be void. Determinations under this section shall be made by the Rent Regulation Officer. There is even a recent court opinion which supports the reading of this plain language, which Hoboken Officials choose to ignore.
2. No exemption is listed in the Ordinance for an owner occupancy of any kind, including condominium owners; in fact, such a provision was repealed by the Hoboken Council on February 1, 1989.
3. The Registration Statement must be maintained on a yearly basis — only if registered, in this manner, may a landlord seek a 25 percent vacancy decontrol in the rents. This back-dating of registrations, with no support, could readily lead to abuse and fraud.
Thus, I caution you — if you have been denied the opportunity to get a legal rent calculation, you have been told that the rents are, generally, legal, based upon an owner previously occupying your apartment, or upon newly filed Registration Statements, allowing for numerous vacancy decontrols, then, you need, first of all, to promptly appeal this decision to the Board, to protect your rights.
Should the time within which to appeal these improper actions have expired, then, you might want to seek counsel of your choice, or contact the Hudson County Bar Association, at 201-798-4708, for a tenant attorney referral. Another important tenant resource is the Hoboken Campaign for Housing Justice, at St. Matthew’s Parish House, on the corner of 8th and Washington Streets, which is open only on Thursday evenings from 6:30 to 8 p.m. They provide free advice on tenant issues.
Please do not let others wrongly deprive you of your rights as Hoboken tenants.
Cathy C. Cardillo, Esq.