Vote Postponed On Law To Help Jersey City Renters Fight Eviction

JERSEY CITY, NJ — Jersey City's City Council was scheduled to take a final vote at their meeting Wednesday on a measure guaranteeing free legal help for low-income tenants facing eviction. But the matter has been moved to May 24.

A staffer in Councilman James Solomon's office said that the Right to Counsel law, as well as an ordinance that would use developer's fees to pay for it, may be amended. If so, a new version would be introduced May 24 and up for a final vote in June.

Meanwhile, the agenda for this week's Jersey City council meeting, May 10, is here. It starts at 6 p.m.

NJ 'Just Cause' Law Not Always Followed

Jersey City now has among the highest rents in New Jersey, which gives landlords an incentive to try to evict longtime tenants.

In New Jersey, in order to evict a tenant or to fail to renew their lease, landlords must have "just cause" (such as nonpayment of rent). Landlords can't simply tell someone to leave because of new ownership, or other reasons. But when a landlord ignores the law and tells tenants to leave, they don't always have resources to fight.

That's where "Right to Counsel" laws come in, and they've been passed in cities like Newark and New York City.

Advocates began urging Jersey City to pass a "right to counsel" law last year.

'One Of The Strongest'

Last month, Mayor Steven Fulop, along with council members James Solomon, Frank Gilmore, and Yousef J. Saleh, said they would support "one of the strongest right-to-counsel laws in the nation" for tenants facing eviction. And it would be paid for by developers who contribute to
an affordable housing trust, they said.

There was one major change from what was suggested the year before: There will be an income cutoff to qualify for the aid.

Two ordinances — one for Right to Counsel and one for developer's fees to pay for it — were introduced by the council on April 12.

The development fee ordinance was unanimously approved by the Planning Board on April 25, said Councilman Solomon's office.

Since the introduction, several civil rights groups and nonprofits expressed support for the ordinance.

“Eviction is one of the most destabilizing and economically harmful experiences a family can go through,” said Nicole Rodriguez, president of New Jersey Policy Perspective (NJPP). “Providing a right to counsel in eviction proceedings will give residents a fair chance to stay in their homes and avoid the further devastating financial consequences that stem from displacement. This ordinance should be seen as a model for the rest of the state to follow."

Suggestions And Criticism

A local legal aid nonprofit for low-income Hudson County tenants — the Waterfront Project — said they supported the project, but had suggestions.

"The Waterfront Project supports the establishment of a new City office to oversee the programmatic components and functioning of this initiative," they said in a statement. "We also encourage the City to establish contracts and agreements with local nonprofit legal service agencies already servicing Jersey City in order to make the right counsel a reality."

The proposed bill would establish a Right-to-Counsel office, run by the city, in which tenants will be connected to legal services and resources like rental assistance programs. It would also establish an implementation oversight board led by tenants.

Not all tenants were on board with the law as proposed, though.

One renter called it "a bit of scam," saying that since the lawyers will be determined by a city office, the landlords will be indirectly funding them, meaning landlords could have influence.

He also said that landlords of higher-income buildings can still get away with bucking rent control laws because their tenants won't qualify as low-income and get aid in fighting evictions.

Read the history of the movement in Jersey City here.

What About Local Rent Control?

Read more about rent control and recent rent hike controversies in Jersey City here: Tenants Fight Back In Jersey City

Not all buildings in the city are covered by the city's rent control ordinance, but all are covered by a state law saying rent increases can't be "unconscionable." Another law says that landlords must have "just cause" for eviction; they can't just evict a tenant because of the sale of the building, for instance.

Here is New Jersey's law about rent increases: