If Your Landlord Breaks Law, We'll Freeze Your Rent, Says Mayor Candidate In Jersey City

HUDSON COUNTY, NJ — New Jersey tenants often post on social media, panicking about an eviction notice or rent increase and asking, "Is this legal?" Often, a landlord has told the tenant that they have to leave because the building was sold (which is not always true) or because their lease has ended (also not always true). Other landlords might raise the rent an amount that's "unreasonable or unconscionable" according to state law.

Other than fighting in court, it can be hard for a tenant to fight back if a landlord subtly pressures them to leave, without following the proper eviction process.

A Jersey City mayoral candidate, Councilman James Solomon, said Monday that at the City Council meeting this week, he'll release three ordinances meant to protect tenants and ensure enforcement of existing laws. He said the proposals are "in response to widespread complaints from Jersey City residents."

Most notably, he says, if a landlord breaks the law, the tenant will have the right to freeze the rent.

Highest In The Country

In the last few years, rents in Jersey City and neighboring Hoboken have become among the highest in the nation. Tenants have given numerous examples to Patch of 25 percent rent increases, or instances in which they've falsely been told they have to leave.

Some have said landlords got around existing laws by tacking on "amenity fees" or taking away services to pressure tenants out.

In New Jersey, municipalities are allowed to pass their own rent control ordinances. Additionally, the state has a law saying rent increases may not be "unreasonable or unconscionable." However, tenant who believes their rent is raised too high must withhold it until the landlord takes them to court, and then hope a judge agrees. Some towns have tenant lawyers who can help tenants fight.

In larger buildings, landlords can only evict tenants for a list of specific reasons — not just because their lease is up for renewal or because they're selling a building. (Get more details here).

Tenants say that corporate landlords, after buying local buildings, find it easy to skirt laws and have their lawyers fight the fines.

The Proposals

Solomon says that he will introduce the following ordinances for a vote at this Wednesday's council meeting:

• The first ordinance establishes mandatory minimum penalties for violations of rules by landlords of multi-family buildings. "Too often," he says, "landlords get away with gross misconduct when courts dismiss long-standing violations with no fines paid."
• The second ordinance requires landlords to affirmatively state in leases that they are no using the now-illegal rent-setting software, "making sure that no landlord can feign ignorance of the law." Laws against rent-setting software have already been passed in Jersey City and Hoboken.
• The third ordinance clarifies that if landlords violate landlord-tenant laws, they will not be able to increase rents, in line with existing state law, Solomon says.

"Too often, corporate landlords in our city have been getting away with violating or stretching the rules. It's long past time that we put an end to this," Solomon said. "If your landlord breaksthe law, we will freeze your rent. If your landlord breaks the law, they must pay a fine. These three new laws will keep Jersey City residents in their homes and in their city."

Tenants Call Out Corporate Landlords

Some tenants have noted that rent increases skyrocketed after large corporations bought up buildings in their area.

Kevin Weller, President of Portside Towers East Tenant Association in Jersey City, told Patch on Monday, "For three years, residents form every ward have testified about the same problem: landlords treating the absence of mandatory minimum. [fines] as permission to violate any law without consequence."

He added, "After years of bringing code violations, uncollected fines, and concerns about coordinated rent-fixing to city officials' attention, I'm grateful that Councilman Solomon has heard the outcry ... These ordinances address the exact problems that residents in every ward have been experiencing with corporate landlords who treat fines as merely the cost of doing business."

Weller's tenant association is suing his landlord for $400 million.

He said he has documented more than 1,500 landlord violations via an online reporting system, SeeClickFix.

Michele Hirsch, the resident of Portside Towers West Tenant Association, said that corporate landlords "rack up violation after violation while continuing to raise rents as if the rules don't apply to them. Solomon's legislation finally gives teeth to our existing laws."

She noted that landlords are required to register their units and rents with the city, and it's important to enforce this measure.

If the nine-member council passes the measures Wednesday, the laws will come up for a public hearing and final vote on Sept. 24. Find out about the meeting times and details here.

Important Information

Meanwhile, a bill in the Assembly would codify what makes a rent increase "unconscionable."

Individual towns have looked at clarifying the matter as well. For instance, Hoboken, which has rent control laws for much of its older housing stock, also passed a rule saying any landlord raising the rent more than 10 percent has to explain why.

READ MORE: 5 Rent Protections That NJ Towns Have Taken

Read about some of New Jersey's eviction and rent laws right at the source.