No filing, no exemption.

🤣🤣🤣🤣🤣 Brilliant

Actually in 2020, I asked when the 30 year exemption would expire at Portside, 155 Washington and Althea from Engineering replied that the owner has not provided proof of exemption and therefore the property was subject to rent control. When I then asked if they would inform the owner, Meenakshi from the City told me that it was a condominium? She then just told me to get an attorney?

I understand that it is up to the owner to provide proof of an exemption from rent control. The Construction Code Official is the person tasked with receiving an exemption request. Does the Construction Code Official have such a request for 100 Warren St and 155 Washington St because, if not, rent control is the default.

@Edamb

Rent control is the default in Jersey City, a fact landlords would prefer people did not know. Jersey City Ordinance 260 makes that fact clear.

The only way to get an exemption is covered in Jersey City Ordinance Chapter 260-6C.

You are correct that among those requirements is a filing requirement.

The person who is tasked with the filing is actually the owner at the time of new construction.

The NJ Statute titled "Newly Constructed Multiple Dwellings" covers this requirement in section 84.4.

"The owner of any multiple dwelling claiming an exemption from a rent control or rent leveling ordinance pursuant to this act shall file with the municipal construction official, at least 30 days prior to the issuance of a certificate of occupancy for the newly constructed multiple dwelling..."

In the case of Portside Towers, the owner at the time 100 Warren and 155 Washington was newly constructed did not make such a filing ever. Not an early filing. Not an on time filing. Not a late filing. No filing whatsoever for either building, ever. Since only the owner of a newly constructed multiple dwelling can make such a filing, and that never occurred, it can not now happen. Equity Residential, the third owner of 100 Warren and the second owner of 155 Washington Street purchased these buildings in 1998, when the opportunity to gain an exemption had already closed.

This is all very interesting. I suggest someone look up the annual landlord registration statements for these properties. The landlord is required to submit them and they have to sign, subject to punishment, what the rent control status is.

@jcr

Very good observation!

As it turns out, Equity Residential did submit the required annual landlord registration statements. For the years 2020, 2021 and 2022, multiple Equity Residential employees signed, subject to punishment, that our buildings are subject to rent control! Yet they charge 10x over the legal limit anyway!

@Portside Towers

And the statements submitted in the years prior to 2020? They're required to submit them every year in order to remain exempt right? The default of not correctly filing is no exemption?

Thank you for reporting an issue to the City of Jersey City.

This matter is currently pending before the Rent Leveling Board.

This matter is not currently pending before the Rent Leveling Board. The Rent Leveling Board only deals with individual appeals to cases which have come before the office of Landlord-Tenant relations.

The matter that has been reported here is the non-enforcement of rent control Ordinance 260 for the entire city. Even at Portside Towers, the majority of the tenants are not a party to the matter that is pending review by the Rent Leveling Board; only the select cases that were party to one of two 9/19/2022 determinations by then Director Dinah Hendon are scheduled for a hearing before the board.

This ticket has been submitted only on behalf of tenants with no matter before the Rent Leveling Board.

Director Richardson has already committed to his de novo rent control determinations for new petitions, not previously submitted and not parties to any pending Rent Leveling Board or court review. Two such petitions were submitted to him on 2/13/2023 - These tenants have no matter before the Rent Leveling Board.

It is important for all Jersey City tenants to know Director Shyrone Richardson is not enforcing the Ordinance, therefore many tenants at many different buildings are overpaying.

This ticket is being followed by the press and one or more law enforcement agency. Please do not close this ticket until Jersey City enforces Ordinance 260.

https://www.youtube.com/watch?v=QVqUZdtzNz8#t=49m12s

Odd that Steven Fulop replaced Dinah Hendon, someone with a legal background, with Rev. Shyrone Richardson, a Pastor with no legal background as Director of Landlord/Tenant Relations. How's that going to work? That can't be helping..

As further evidence Jersey City is not enforcing Ordinance 260, not limited to Portside Towers:

The attached determination by Dinah Hendon represents the non-enforcement of Ordinance 260 for 39 Cornelison Avenue in Jersey City.

In this letter, Dinah Hendon confirms:

The Certificate of Occupancy for 39 Cornelison Avenue is dated 11/1/20219

The filing of a claim of exemption occurred on 10/18/2019, only 14 days prior to the issuance of the Certificate of Occupancy for that property.

Dinah Hendon acknowledges that the exemption she granted will only be valid "provided all other requirements of N.J.S.A 2A:42-84.1 et seq are met."

She says this because Ordinance 260-6C, which the Rent Leveling Administrator must enforce, provides:

"This exemption applies only where an owner complied with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including the filing with the municipal construction official required by N.J.S.A. 2A:42-84.4"

The filing requirement of the NJ Statute titled "Newly Constructed Multiple Dwellings N.J.S.A 2A:42-84.1 et seq" is very clear about the filing requirement:

"The owner of any multiple dwelling claiming an exemption from a rent control or rent leveling
ordinance pursuant to this act shall file with the municipal construction official, **at least 30 days
prior** to the issuance of a certificate of occupancy for the newly constructed multiple dwelling"

14 days prior to the issuance of the Certificate of Occupancy is not a timely filing.

A late tax filing results in no refund even if a timely filing would have resulted in a refund.

An out of time claim to an insurance company related to a car accident results in no payment, even if one would have been granted for a timely filing.

"[n]o administrative agency has inherent power, and none may arrogate to itself the authority to accomplish ends not envisaged by the legislative grant or to employ means not fairly within the powers that have been bestowed." Knight v. Hoboken Rent 1128 Leveling & Stabilization Bd., 332 N.J.Super. 547, 551, 753 A. 2d 1231 (App.Div.2000).

Per Jersey City Ordinance 260 and NJ Statute, 39 Cornelison Avenue is subject to rent control, despite this improper determination.

Enforce 260. No timely filing, no exemption.

Enforce 260. This is not an isolated issue to Portside. Also curious how a non-lawyer with no background in tenant and building law can be the director of Landlord/Tenant relations. There has been lack of transparency into what rent control means in Jersey City, with politicians paying lip service to affordability and kowtowing to big developers. It’s time to follow the law as it’s written.

As further evidence Jersey City is not enforcing Ordinance 260, not limited to Portside Towers:

The attached 11/13/2015 determination by Charles Odei represents the non-enforcement of Ordinance 260 for 60 Van Reipen Avenue in Jersey City.

In this letter, Rent Leveling Administrator Odie confirms:

The Certificate of Occupancy for 60 Van Reipen Avenue is dated 7/1/2015

The filing of a claim of exemption occurred on 11/13/2015, 135 days AFTER the issuance of the Certificate of Occupancy for that property.

Ordinance 260-6C, which the Rent Leveling Administrator must enforce, provides:

"This exemption applies only where an owner complied with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including the filing with the municipal construction official required by N.J.S.A. 2A:42-84.4"

The filing requirement of the NJ Statute titled "Newly Constructed Multiple Dwellings N.J.S.A 2A:42-84.1 et seq" is very clear about the filing requirement:

"The owner of any multiple dwelling claiming an exemption from a rent control or rent leveling
ordinance pursuant to this act shall file with the municipal construction official, **at least 30 days
prior** to the issuance of a certificate of occupancy for the newly constructed multiple dwelling"

135 days after the issuance of the Certificate of Occupancy is not a timely filing.

A late tax filing results in no refund even if a timely filing would have resulted in a refund.

An out of time claim to an insurance company related to a car accident results in no payment, even if one would have been granted for a timely filing.

"[n]o administrative agency has inherent power, and none may arrogate to itself the authority to accomplish ends not envisaged by the legislative grant or to employ means not fairly within the powers that have been bestowed." Knight v. Hoboken Rent 1128 Leveling & Stabilization Bd., 332 N.J.Super. 547, 551, 753 A. 2d 1231 (App.Div.2000).

Per Jersey City Ordinance 260 and NJ Statute, 60 Van Reipen Avenue is subject to rent control, despite this improper determination.

Enforce 260. No timely filing, no exemption.

As further evidence Jersey City is not enforcing Ordinance 260, not limited to 155 Washington Street, 100 Warren Street, 39 Cornelison Avenue or 60 Van Reipen Avenue:

The attached 10/15/2012 determination by Charles Odei represents the non-enforcement of Ordinance 260 for 76 Saint Paul's Avenue in Jersey City.

In this letter, Rent Leveling Administrator Odie confirms:

The Certificate of Occupancy for 76 Saint Paul's Avenue is dated 8/1/2012

The filing of a claim of exemption occurred on 10/02/2012, 62 days AFTER the issuance of the Certificate of Occupancy for that property.

Ordinance 260-6C, which the Rent Leveling Administrator must enforce, provides:

"This exemption applies only where an owner complied with all requirements contained in N.J.S.A. 2A:42-84.1 et seq., including the filing with the municipal construction official required by N.J.S.A. 2A:42-84.4"

The filing requirement of the NJ Statute titled "Newly Constructed Multiple Dwellings N.J.S.A 2A:42-84.1 et seq" is very clear about the filing requirement:

"The owner of any multiple dwelling claiming an exemption from a rent control or rent leveling ordinance pursuant to this act shall file with the municipal construction official, **at least 30 days prior** to the issuance of a certificate of occupancy for the newly constructed multiple dwelling"

62 days after the issuance of the Certificate of Occupancy is not a timely filing. An exemption request must occur at least 30 days prior to completion of construction.

A late tax filing, beyond the 3-year allowable time to file, results in no refund even if a timely filing would have resulted in a refund.

An out of time claim to an insurance company related to a car accident results in no payment, even if one would have been granted for a timely filing.

"[n]o administrative agency has inherent power, and none may arrogate to itself the authority to accomplish ends not envisaged by the legislative grant or to employ means not fairly within the powers that have been bestowed." Knight v. Hoboken Rent 1128 Leveling & Stabilization Bd., 332 N.J.Super. 547, 551, 753 A. 2d 1231 (App.Div.2000).

Per Jersey City Ordinance 260 and NJ Statute, 76 Saint Paul's Avenue is subject to rent control, despite this improper determination.

Enforce 260. No timely filing, no exemption.

Thank you for reporting an issue to the City of Jersey City.

Why have you closed this? Has the issue been resolved?

Thank you for reporting an issue to the City of Jersey City.

This issue was closed without being resolved.

More addresses will be posted to prove Ordinance 260 is not being enforced, including video evidence of elected officials.

We will not stop until this issue is fully and completely resolved and the rent control laws are enforced.

Why aren’t we getting a response from Fullop or Shyrone Richardson? There are hundreds if not thousands of tenants who deserve to have chapter 260 enforced without spending their resources to get justice from the city? Why isn’t the LTO Director looking up and fining landlords for breaking the law and raising rents to the highest in the country? Why is he allowing people to get evicted or be forced to leave their home when the landlord is breaking the law???

The mayor has to investigate why his appointees aren’t doing their job!

So the buildings mentioned above must be rent controlled because there's no timely filing of an exemption request and the Rent leveling Administrator must have been aware of that when the determination was written. Does the deliberately unlawful determination make the Rent Leveling Administrator, at the time of each incorrect determination, personally liable?

Stop closing the issue unless there’s a solution from either Fullop or Richardson to get out there and enforce the law. At least address the comments and answer the questions. This is a very big problem across Jersey City.

This issue was resolved in 2020. 155 Washington is, and has always been, subject to rent control. Please enforce 260-6C now.

Thank you for reporting an issue to the City of Jersey City.

This post was inappropriately closed without being resolved. "Meenakshi" has been reported to the platform administrator.

No issue has negatively effected more tenants of Jersey City than this non-enforcement of rent control. The mayor has been notified about this SeeClickFix issue and the City is waiting for an actual resolution.

Thousands of people are watching. This issue has been widely shared on social media with almost 10,000 views.

Awareness of the non-enforcement of rent control by the current Rent Leveling Administrator, Shyrone Richardson is spreading. Other buildings are being reported for verification.

Please do not close this issue until it is properly addressed.

More information will be publicly shared here to further inform the public so everyone will know what is being permitted to continue to cause millions of dollars in damage to renters in illegal rental rates and illegal rent increases.

Please see this 2020 Annual Landlord Registration Statement. Signed, subject to punishment by a VP of Equity Residential.

Please see this 2021 Annual Landlord Registration Statement. Signed, subject to punishment by a VP and the local manager of this Equity Residential property. These signed certifications that this building is subject to rent control cannot simply be ignored.

Please see this 2022 Annual Landlord Registration Statement. Signed, subject to punishment by a VP and the local manager of this Equity Residential property. These signed certifications that this building is subject to rent control cannot simply be ignored.

Dinah Hendon confirmed the rent control status of 100 Warren Street on May 18th, 2022 (see picture).

Everyone should know they can send in a request to ask for the Certificate of Occupancy for their buildings and whether the original owner of their building filed a claim of exemption at least 30 days before the date on that certificate.

Here is where you make such a request as well as opening a ticket on SeeClickFix, so there can be public accountability for this non-enforcement that is causing so much harm in our city.

Feel free to send in an OPRA request for Dinah Hendon's emails sent on May 18 related to rent control or 100 Warren. You will find she confirmed the rent control status of 100 Warren multiple times to multiple tenants. Her emails are public record!

https://jerseycity.mycusthelp.com/WEBAPP/_rs/(S(hk0k43tqwerj4kw41dxh2ohq))/SupportHome.aspx

This is so infuriating!! I lived at Portside Towers for 18yrs and each year had to bargain/negotiate our double digit increases. Our last year Jacqueline Marciano refused to negotiate our 25% increase saying they had to lookout for their investors and ultimately we had to leave our home of 18yrs! Meanwhile she is signing under legal ramifications that our building is rent control which meant we couldn’t have an increase greater than 4%. This is a criminal act by her and Jim Von Albade who willfully deceived everyone to get higher rents. Now I’m on the street while nothing is done. This is criminal and the fraud of a Mayor that I regret voting for sits back and does nothing while he reaps the benefits of this as well. He knows damn well what’s going on and is doing nothing while he gets to sit in his comfy home. Look into where he’s living and who is tied to it and you’ll understand why he’s doing nothing!!

FYI

The State Statute doesn't offer a blanket exemption to rent control. An exemption requires a filing by the owner prior to completion of construction of a qualifying building.

Even when an owner does file, and if that owner qualifies, any exemption is temporary.

An exemption duration is limited to the duration of the initial mortgage financing.

An exemption has other requirements, such a notice of the claimed exemption, including the remaining duration of an exemption.

No exemptions are possible via the State Statue for buildings with construction permits that pre-date June 25, 1987.

An exemption via the Statute for a building with initial mortgage financing of 30 years or less already expired for buildings built in 1992 or earlier.

An exemption via the Statute for a building with initial mortgage financing of 25 years or less (very common) already expired for buildings built in 1997 or earlier.

Over 100 municipalities in New Jersey have rent control Ordinances in place. Many tenants live in a rent control building because their building either didn't qualify at the time it was newly constructed, the original owner didn't file, or the exemption expired due to the length of the initial mortgage financing, or in rare cases the owner received a 30-year exemption from the time the building was newly constructed.

Everyone should find out if their building is subject to rent control. If it is, and the landlord has been charging illegal rates, tenants can get a rollback and a rebate for the overpayments.

Can the person who is assigned this issue please explain why there’s no update and why this issue keeps getting closed without resolution. The people impacted here are not the same ones involved in what Fullop is calling the “quasi-judicial” process - these are tenants who need his administration to protect them from greedy landlords/corporate interests who are violating the law and putting people out on the street! We need Mayor Fullop and Shyrone Richardson to do their jobs and enforce Chapter 260!!

Important notes:

In some municipalities, like Jersey City, a building that is newly constructed after the establishment of a redevelopment zone may be exempt from rent control, so that is another important question to ask.

If a redevelopment zone is established after your building was built, it doesn't allow for an exemption via that method.

Also, per the Statute, only buildings with four or more dwelling units offered for rent can gain an exemption.

Some cities, like Jersey City, set that threshold at slightly different levels.

In Jersey City, a dwelling needs to have 5 or more units in order to be subject to rent control by default.

I'm a Jersey City tenant as well. Please respond to the issues and questions described in the ticket as well as in the comments.

Mayer Fulop, what actions will you take to ensure the law is being followed?

Mr. Richardson, when will you review the outstanding petitions? When will there be a determination on rent control status of Portside Towers by you?

Wow, this is a really big issue. So I can see the Rent Leveling Administrator emailed to confirm the rent control status in May of last year, I see it was confirmed subject to rent control in 2020 on SeeClickFix, and the landlord signed for years, subject to punishment, that these buildings are subject to rent control. Is this landlord above the law? Isnt Fulop going to run for Governor? Seems like he would want this fixed for his tenants if he doesnt want this to blow up his candidacy? Seems pretty blatantly obvious what is going on here.

How many votes are needed to recall the mayor? Aren't most of the voters tenants?

I wonder what the Rent Leveling Administrator is doing about this. The issue was reported in the years before and this particular ticket is now open for 11 days.
What is the service level for these tickets? Should it by now not at least communicated what the next steps will be to come to a resolution?

There won't be a resolution. Fulop is corrupt otherwise he would have already addressed this issue. How many months have Portside been at City Hall meetings dominating the agenda? He's clearly taking financial back handers for personal gain at the expense of his constituents. Bank rolled by corporations to allow this injustice to happen at a state level as governor. Fulops silence says everything.