Hoboken's rent control rules, which are more than two decades old, may be about to change. Currently, landlords are following rules that were established in 1985.
The rent control law that exists in Hoboken aims to protect tenants' rights. "And we stand by that purpose," said Councilman Ravi Bhalla, who sits on the rent control subcommittee. But, he added, the way the law has been administered over the years has caused unfairness to landlords.
Under the new ordinance, tenants will have a two-year window to claim any over-charge or excess rent, and they can only collect two years. Currently there is no statute of limitations, which often causes small landlords to go into bankruptcy, Bhalla explained.
On the tenants' side, the biggest proposed change is that landlords are required to provide a disclosure statement to a new tenant when a lease is signed. That way, Bhalla said, tenants are aware of the fact that there is a rent control law and what their rights are.
Another goal, Bhalla said, is to save the city hundreds of thousands of dollars in litigation cost between the rent control office and tenants, by clarifying the law.
The Hoboken City Council Committee on Rent Control and Affordable Housing hosted a community meeting in City Hall Monday night to listen to public input about the forthcoming changes.
The rent control board's lawyer, Victor Afanador, will take the feedback into consideration and make changes. The final amendments will be presented to the city council during the Feb. 19 meeting.
"As a city, Hoboken has a very broken rent control ordinance," said Ron Simoncini of the Mile Square Tax Payers Association. "I think these amendments have the right objective, but do not go far enough.”
Another proposed change, Bhalla said, are the rules surrounding the "vacancy de-control certificate." When a tenant voluntarily leaves a rent-controlled apartment, the landlord can then increase the rent by 25 percent for the next tenant. All the landlord needs is a certificate showing this. But, Bhalla explained, landlords often forget to file the certificate, making it impossible for them to increase the rent.
If the landlord has other proof that the tenant left voluntarily—such as a tenant's statement—the rent control office will allow the rent increase under the new rules.
According to Council President Beth Mason, the committee has been meeting and working on amending this ordinance for about a year.
“It has been so long since it’s been addressed [and] costing the city a fortune in legal actions that are taken,” Mason said.
Residents who signed up to speak were given five minutes to address the committee. Some in attendance labeled the proposed amendment to the ordinance as a "good start," but many said a lot still needs to be done.
Many members of the community called the two-year limit unfair, because many tenants who are currently paying too much rent would miss out. Residents at Monday's meeting requested that the committee reconsider and extend the period, but most agreed that some cap should be placed.
Residents Dan Tumpson and Cheryl Fallick expressed concern at the meeting about the fact that there was no language in the proposed amendments that would—in the event a tenant is overcharged—reduce the rent to the legal level.
Bhalla said those concerns were "very legitimate" and that the committee would look into them.
The ordinance calls for a more refined disclosure statement, which is supposed to protect both tenants and landlords and outline the rights of both parties. The statement has to be signed and filed with the Rent Regulation Officer every time a lease is signed or renewed.
While most community members agreed with the use of the disclosure statement, many thought it was unnecessarily repetitive. It would also be too much work on the rent control office.
Bhalla said that would likely be changed.
Community members said during the public portion on Monday that providing this documentation once would suffice, calling this something that could swell the filing system in city hall.
“Multiple disclosures will only serve to confuse tenants, burden landlords with the expense of notice and overwhelm the rent leveling office," states a release from the Mile Square Tax Payers' Association.
Another idea brought forth by the community included electronic filing, if the new system for disclosure statements proved effective. Others asked for the statistics used in order to create these amendments, and asked for other areas of rent control housing to be looked at and included.
“I don’t think this goes far enough and I don’t think everyone will be satisfied,” said Joe Murray, a Hoboken resident since 1977.
Murray asked the committee that the ordinance, once changed, should address the difference in the rights between those buildings that are occupied by the owners, and those which aren't. He also asked for consideration for senior citizens and the disabled, and groups living on fixed incomes.
“I think the tenants should be protected and notified of their rights," Murray said, "but landlords have certain rights too and you have to balance the rights between both groups."
Going forward, that balancing may provide the biggest challenge.
“There were some good ideas here,” Mason said, adding that there might be some changes to the ordinance based on the public's feedback. “I think the meeting was amazingly civil."
Mason said the committee—on which she serves alongside council members Bhalla and Michael Russo—will remain intact, even after an amended ordinance is passed, in order to continue to address the affordable housing issue in town.
“There are other ways to bring affordable housing into the city,” Mason said. “There are at least four to five different affordable housing [options] to bring to the community.”