5 Tenant Protection Measures That Other Towns Took, And Hoboken Hasn't

HOBOKEN, NJ — Rents in Hoboken have become some of the highest in the nation, leaving longtime tenants with a tough decision. For those who didn't budget for an increase of 15 percent or more, they can try to pay, fight in court, or look far and wide for comparable housing.

The state says increases can't be "unconsionable," but doesn't make it clear what an "unconscionable" increase would be, leaving tenants to be pulled into eviction court in order to find out. Tenant advocates say in the past, 25 percent has been a standard for an unfair increase.

Hoboken has rent control measures on the books for its older housing stock, but some tenants have had difficulty getting answers about whether their building is included.

Several nearby cities have enacted protections that help both good tenants and responsible landlords, without forcing tenants to end up in court to feel protected.

Tenants say moving is difficult because some buildings require triple the rent as a deposit, and other pre-requisites.

Here are five laws other nearby cities and towns have enacted to prevent displacement.

1. Laws allowing tenants to find out if their building is rent controlled without facing intimidation

Rent control is supposed to be building by building, including in Hoboken, rather than on individual units.

So why isn't there an easy way for a tenant in a multi-unit building to simply contact City Hall and find out if their building is rent controlled?

Tenants have told Patch that it's been taking them months to find out if a building is rent controlled, and they're unsure if the landlord will find out that they inquired, which is intimidating.

In New York City, officials recently told tenants that their landlord does not have to be notified if they inquire about their legal rents. They have a form to fill out, and say tenants will be notified in 20 days of the response — rather than not knowing, for months, which rent to pay, and whether to stay or go.

Of course, some buildings in Hoboken are the subject of lawsuits, leaving tenants in limbo. But there are several tenants who told Patch that they haven't been able to get a quick answer about whether their building is controlled, putting them in a tough spot.

City spokesperson Marilyn Baer said, "The rent control office, like many across the region, has been inundated with time consuming rent calculation requests following post pandemic changes in rent. The city has also made an effort through various modes of communication, as well as through the expanded services of the free legal tenant advocate, to make residents aware of the right to request a legal rent calculation, which many have done. Because of these factors, wait times have been longer than normal, due to the increased number of requests. The rent office will continue to work diligently to follow up on the requests in as timely of a fashion as possible."

If a tenant just wants the status of a building, the landlord doesn't have to be notified, Baer said.

"Per regulation 10:54(A), a landlord is only notified when a tenant requests a legal rent calculation," she said. "This noticing is to provide the
landlord a window of time to 'supply whatever information they deem necessary to support the rent billing charged to the tenant.' The Rent Regulation Officer makes their determination after receiving evidence or after the window of time expires by which the landlord was supposed to provide that information. The Rent Office does not contact a landlord unless an official legal rent calculation request is submitted."

The rent office is reachable at [email protected]. To make an appointment with the city's tenant lawyer, see the links at the end of the story.

One tenant told Patch that he and his neighbors have had trouble with a more specific request. "Our experience has been pretty frustrating," he said. "A year later and I still don't have the accurate legal rent calculation."

2. Unmasking The LLC's

If a corporation buys your building and sends you a notice of an increase, do you know who's behind it and whom to speak with?

Because of takeovers by corporate landlords using multiple LLC's as their name, many people don't even know who their landlord is. And some corporations, nationwide, have been accused of colluding on rents, leaving few choices in an area if an increase spikes.

In 2022, Newark passed a law saying that LLC's must register a "responsible agent" to communicate with tenants. In fact, it turns out that half of Newark's residential property is now owned by corporations.

North Bergen recently cracked down on the mysterious LLC's after they began hearing that a nebulous Brooklyn-based LLC was falsely telling tenants they had to leave because their building was sold (this is not a cause for eviction or nonrenewal of a lease in New Jersey; see more about eviction laws here).

But Hoboken may not have to pass such a law. Recently, nearby State Sen. Brian Stack sponsored bill S276 to require LLC's to reveal ownership information when submitting their deed. Still, that doesn't mean more local towns can't enact their own laws specifying someone for tenants to communicate with, rather than an anonymous company.

3. Right To An Attorney

Several municipalities, including Jersey City, give tenants the right to a free attorney to fight their eviction. (NOTE: Landlords only can evict tenants in New Jersey, or fail to renew a lease, for certain specific reasons, but that doesn't mean they can't try to take tenants to court anyway.) Hoboken does have a tenant advocate to help renters understand their rights and fight unfair rents. Presumably, the best thing would be for the situation to not get as far as court.

4. New York City Gives Clear Examples To Tenants Of What Landlords Can't Do

A landlord can make things difficult for a tenant even without raising the rent. New York lists specific measures landlords cannot take to push them out.

For example, a landlord cannot "refuse to offer or renew leases to tenants to push them out of their unit." There are also laws about how landlords must buy tenants out if they want to sell the building, something that has caused consternation recently in Hoboken, where landlords have obtained city permission to tear down buildings even though tenants still live there.

One tenant advocate in Hoboken said so many tenants are unaware of their rights, it might make sense for the city to send out a mailer explaining them.

5. Banning Or Better Regulating Airbnb's

With affordable housing stock declining, New York City has created very strict rules around Airbnb's, meaning that Hoboken Airbnb's are getting more business. Some say it's only fair for unit owners to make a profit on their property. However, Airbnb recently began advertising "Airbnb Friendly Apartments" in which people move into a specific building in Hoboken — 77 Park Ave. — just to rent it out part of each month, and live there the rest of the time. (Pay $3,229 for a studio, they note, and you can rent it out one week for $1,132, and presumably go elsewhere during that week.)

There are also companies offering other types of transient housing, such as Hudson Dorms, which frequently advertises on Facebook that for summer, students can rent two-bedrooms in Hoboken for a "shared room fee" of $3,865 per student, or $7,730 per month for a 2BR. The "single room fee" is $5,500.

Defenders of New York's law say it's meant to "free up apartments for New Yorkers, who pay high rent prices and are facing housing shortages and insecurity." However, those against it have noted that people left homeless have been able to rent Airbnb's with less scrutiny than renting an apartment.

It should be noted that in Hoboken, for those offering Airbnb's in rent controlled buildings, the Airbnb's must follow rent control as well.

Tenants' Rights Meeting Planned

Northeast New Jersey Legal Service will answer questions this Wednesday about tenants' rights, at 124 Grand St. at 6 p.m. Councilman Joe Quintero is hosting the session. Learn more here.

"There are quite a few things the city could do [to protect tenants]," said tenant advocate Cheryl Fallick this week. "A mailing wouldn't hurt. I would start by updating the existing ordinance that required that tenants be notified of their rights prior to getting a demolition permit. Property owners get the tenants out long before it's time for the demolition permit. I don't think 1 single tenant has been apprised of their rights based on that law."

Useful information:

• Learn more about the city's tenant advocate, and make an appointment, here.
• Read about some of the tenant harassment and current issues in Hoboken here.
• Read about New Jersey's eviction and rent laws here.

Got thoughts on local or national rent increases? Email Patch.