Montclair Council Extends COVID Rent Freeze, But Concerns Linger

MONTCLAIR, NJ — The Montclair Town Council has decided to once again extend a pandemic-inspired “rent freeze.”

During their Tuesday meeting, the council voted to extend the freeze to March 31, 2022 (watch the video below). First passed in May 2020, ordinance O-20-08 prevents any increase in the amount paid in rent – or any additional charges by residential tenants – in all rental units within Montclair's borders.

Exemptions include:

• Rental units in properties that are owner-occupied with no more than one additional rental unit
• Rental units in properties exempt from local rent regulation by state or federal law
• Rental units in which the rent is determined as the function of household income
• Rental units in hotels

Since the ordinance was rolled out, it has been extended several times; the latest was set to expire on Dec. 31.

“There’s no other alternative other than to keep helping those until we get rent control – then we won’t need a freeze,” Councilor-at-Large Robert Russo said, referring to the town’s rent control law, which previously passed a council vote but is still entangled in legal red tape.

• See related article: Montclair Rent Control Law Likely Headed To Voters In 2022

AhavaFelicidad, president of local advocacy group Tenants Organization of Montclair (TOOM), supported extending the freeze during the public comment segment of the meeting.

“It is absolutely vital that the council vote to continue the rent freeze for another three months,” the advocate said. “Tenants could be subject to unconscionable increases without this.”

The latest rent freeze extension didn’t come without reservations, however.

2nd Ward Councilor Robin Schlager said she was “very torn” about extending the freeze, and added that she feels empathy for the small landlords who have complained about it, many of whom live in her ward.

Specifically, there are landlords with two and three-family homes in the Frog Hollow section of town who are “suffering,” Schlager said.

“I believe them,” Schlager said, adding that “not all of them are big, greedy landlords that some people make them out to be.”

Schlager – who ultimately chose to abstain from a decision – also said she was taken by surprise at the vote, expecting it to come next week.

Councilor-at-Large Peter Yacobellis, the only council member to vote against extending the freeze, also said he wasn’t expecting to vote on the measure Tuesday. The councilman – who rented a home for decades himself – later released a statement explaining his vote, saying that no matter what he decided, he knew he was “going to upset some people.”

Yacobellis wrote:

“I think we need to have rent control in Montclair and need to be doing much more to encourage the construction of affordable housing. The cost of living in Montclair is pricing out too many people and we need structural changes. I support permitting Accessory Dwelling Units in R1 zones in a careful way, considering a higher affordable set aside in development and doing more to disperse dollars from our Affordable Housing Trust Fund to people in need.

“Over the last 18 months that I've been in office, I've voted to freeze rents six times covering all of my term and complimenting the previous council action to ensure rent in most Montclair homes was frozen throughout the pandemic. And while there is some uncertainty about the omicron variant, our economy seems to be on a very healthy trajectory, though of course not for everyone.

“Inflation was a staggering 6.2% in October, meaning the cost of homes, goods and services are going up. Unemployment has dropped to 4.2% as of Nov. 1. Schools are back full time. Vaccination rates in New Jersey are higher than the national average and companies and businesses are struggling to find workers in what economists are calling a labor shortage. At the same time, federal aid continues to flow to most parents in the form of monthly child tax credits of $300 per child and much more assistance remains available to those in need. If you're someone in need, please reach out to me so I can help you figure out how to get aid.

“In Montclair, during the pandemic, we've raised property taxes and sewer bills and will likely have to raise property taxes again next year just to maintain services and balance the budget. I simply don't feel comfortable putting all of that burden on people who own homes and property when it isn't their fault either. There are some bad actors out there and they need to be dealt with. But the vast majority of people who own property and rent out property tend to do right by their tenants and are just trying to keep up with macro-economic conditions that most of us have no control over. Continuing to freeze rents is not a substitution for an affordable housing strategy for this town. We need to do the work on that.

“As a 37-year renter, someone who grew up in a rent-controlled apartment and ran the New York office of rent administration, I truly understand what it means to be a tenant and the challenging circumstances you can sometimes find yourself in. But there is only so much we can and that I'm willing to do especially when we're on shaky legal ground. In the last week I've spoken to three attorneys, including our recent township attorney, who all advised me that a continuation of the rent freeze would likely result in the township being sued and that, in their opinions, there is a high likelihood that we would lose. So while this is likely politically unpopular, I do believe it was the right decision to make for our town overall and I will live with that.

“Some will attempt to use this to paint me as being anti-tenant or not compassionate. But anyone who knows my heart will know that is not true. I'm an at-large council member and I take that responsibility of representing the entire town and all of the varied interests very seriously. I think my most important responsibility is to bring and guide us towards balance both now and in terms of how we affect the economic trajectory of this town. It's also about balancing the needs of all of my constituents.”

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