Hoboken Hearing About Demolishing Rent Controlled Buildings Ends Early

HOBOKEN, NJ — A hearing about tearing down three rent controlled buildings in Hoboken ended early on Wednesday because the Zoning Board attorney had to leave. It will be continued on April 17.

The owner of the buildings got permission from the Zoning Board in January to demolish them and build new market-rate housing in their place, with two of those units — 10 percent —set aside for affordable housing.

But a group of Hoboken residents, including tenant advocates, have challenged the zoning board ruling, making several arguments — including saying that the city should make sure existing tenants won't be forced out unfairly.

At least two tenants in a similar situation in Hoboken last year told Patch that their landlord pressured them to move out, without following proper procedures.

The state has specific anti-eviction laws listing approximately 18 reasons why a tenant can be removed from a building, and the procedures for doing so. Simply selling a building or failure to renew a lease are not justification by themselves.

Wednesday night, the City Council met to hear an appeal of the zoning ruling to tear down 325-329 Grand St.

In his written appeal of the ruling, Hoboken resident Michael Evers argued that the zoning board, in approving the application, adopted a "cavalier attitude" toward the idea that approvals should be contingent on making sure the tenants aren't illegally displaced.

At Wednesday hearing on his appeal, Evers publicly asked the City Council to implement some kind of rule saying that before anyone else gets zoning approval to tear down occupied, rent controlled buildings, the landlord must present signed letters from tenants saying they moved out willingly.

Hoboken has a history of tenant displacement due to fires, and as recently as last year, tenants in buildings slated for demolition told Patch that the landlord had tried to push them out using various tactics.

At Wednesday's meeting, audience members held signs saying "I rent and I vote."

Evers told the council that at least one current resident of the buildings was in the audience, but didn't want to speak "because she's afraid of what her landlord will do to her."

He said that it should be "a condition of completion of the application...demonstrating that you have gotten the tenants out
voluntarily."

(RELATED: If You Signed A Petition About 'Affordable Housing' In Hoboken, Here's What It Really Was)

What's The Law?

The Zoning Board had granted a variance to the applicant, who wants to build more units than the current 17.

In considering variances, zoning board members are instructed to make decisions in which the good to the community outweighs the detriment.

In his appeal, Evers argued that the zoning board has been "failing to address the destruction of rent-controlled housing as a negative criteria in making their decision." Other applicants had requested permission to tear down rent controlled buildings over the past year.

Rents in the mile-square city have risen to a median of more than $4,000 a piece, leaving few options for a longtime tenant who has to leave a stabilized building. READ MORE: Rents In Jersey City, Hoboken Highest In Country. But Are They Legal?

The city's Rent Control Ordinance keeps rent increases to the Cost of Living Adjustment, but allows landlords to pass along certain surcharges and other costs. The measure is for stabilization — allowing tenants to budget for reasonable rent increases — and it helps keep a mix of socioeconomic groups in town.

The Rent Control Ordinance mainly applies to buildings constructed more than 30 years ago, but it also applies to newer buildings that didn't apply for a state exemption.

The application to rebuild housing in that spot says that the owner will include 10 percent affordable units in the new buildings — but, tenant advocates argue, this will be long after the longtime tenants of the building must leave.

Tenants Hang On

A tenant in a building that was facing demolition last year told Patch that she looked around for another place to move, but was unable to find something comparable. READ MORE: Longtime Renters Fear Displacement

The tenant also said that her landlord had pressured her to move out, telling her she'd have to be out in a few months, when in fact, state laws protect her from eviction without just cause, even if the building will be sold or torn down.

You can watch a recording of Wednesday's meeting here.

See excerpts from Michael Evers' testimony below, and read the application and more information in the agenda packet here.

325-329 Grand St.

RELATED: Hoboken Landlord Group Pushes For Rent Decontrol Referendum; Mayor Calls It 'Offensive'