AvalonBay Will Now Fight Hoboken Rent Control Determination In October

HOBOKEN, NJ — After the luxury apartment building Avalon Hoboken raised the rent more than 40 percent over two years on some tenants, tenants began fighting back.

In June, the city of Hoboken helped three residents file a lawsuit against the company. And in April, the city had sided with tenants in determining that the building was under local rent control.

It's mostly Hoboken buildings more than 30 years old that fall under rent control — limiting increases to 5 percent per year, with a few other provisions. But a building that did not file on time for a state exemption from local rent control rules when it was built may also fall under the local ordinance.

After tenants made inquiries over the last year, the city determined this year that Avalon Hoboken should be rent controlled.

But AvalonBay begs to differ.

The company planned to fight against that determination in a public meting of the Rent Leveling and Stabilization Board on Wednesday night, Aug. 30, at City Hall.

However, at the meeting on Wednesday — according to an attendee — the lawyer for Avalon Bay was unable to answer all of the board's questions. The board met privately and decided to reconvene on Oct. 11 at 6:30 p.m., so Avalon can have an employee present to answer.

The item originally listed on the agenda for Wednesday was, "Avalon, 800 Madison Appeal of Exemption Status Determination Made by the Rent Regulation Officer."

State Laws And Local Laws

Several buildings in Hoboken have recently raised rents 20 percent or more for tenants.

State law says tenants don't have to pay a rent increase that's "unreasonable or unconscionable," but have left it to courts to decide that amount on a case by case basis. The state law is partly why three families in the Avalon filed suit against their landlords in June in Superior Court.

But that matter is separate from the hearing slated for Wednesday, which is just to help determine whether Avalon is subject to local rent control.

Both the state law and local rent control laws are meant to keep tenants stable.

The city determined earlier this year that Avalon Hoboken did not apply for an exemption from rent control on time when it was built, and thus, the units, no matter how high priced, can only be raised a few percent each year.

Residents of luxury buildings like Avalon Hoboken and The Rivington have spoken out against recent rent hikes in the past.

Other Information

Last. year, a national investigation indicated that several groups of landlords were raising rents at the same time based on computer software, giving tenants few options in their area.

Read Hoboken Patch's prior reporting on the Avalon rent issue here.

Read about state laws about increases, eviction, and Truth in Renting here, here, and here.

• FURTHER READING: Rents In Jersey City, Hoboken Highest In Country. But Are They Legal?
  
• READ MORE: Rivington Rent Hikes Reduced; Hoboken Says They're An 'Injustice'

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