Apartment Landlords Sue Edison Over New Housing Ordinance

EDISON, NJ – Landlords of around 8,216 apartment units in Edison have sued the township over a new housing ordinance.

According to the lawsuit, the township imposes an “unreasonable annual licensing and registration fee” of $100 per unit, which could collectively cost them $821,600 a year.

Around 44 apartment buildings are being represented in the lawsuit filed in the Middlesex County Superior Court.

The owners are calling for the ordinance to be thrown out.

Among the plaintiffs in the lawsuit are Durham Woods which has 1000 apartment units; Rivendell at Edison which has 455; Millbrook Village which has 557 and Edison Woods which has 470 units.

Edison adopted the Ordinance on April 25 that mandates the disclosure of certain financial information about the landlord and lease terms which the plaintiffs say “are wholly irrelevant to the registration of apartment units.”

According to the lawsuit, landlords are subject to violations and penalties for actions taken unilaterally by a tenant, including over-occupancy of an apartment, even when the landlord does not know of the over-occupancy.

Other requirements include disclosure of current rent for each unit, previous base rent, tax surcharge, energy surcharge, capital improvement surcharge and number of occupants including children.

“Identifying whether children reside in a rental unit, and the number of children, poses a significant safety concern,” the landlords argued.

The lawsuit also claims that the ordinance only requires inspections if there is a reported “issue,” and states that the purpose of inspections is to determine with the Township’s Zoning and Property Maintenance ordinances, which have their own enforcement mechanisms.

" The Ordinance is arbitrary, capricious, and unreasonable, and should be declared null, void, and of no effect,” the landlords said in their ordinance.

Calling the lawsuit “frivolous,” Allan C. Zhang, the attorney representing Edison said, “Township of Edison, demands judgment dismissing Plaintiffs’ Complaint with prejudice and awarding fees, costs, and any other relief deemed equitable and just by the Court.”

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