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Re: 22% Increase, VVP section
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Home away from home
 
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Is anyone not talking through their hat about "unconscionable rent increases", and actually know of a successful court appeal? My take on this clause was that it was to prevent an "eviction by rent raise" that was otherwise illegal by state law for buildings of 4 or more units. The anti-eviction statute does not apply to 3 and under. If the rent is remotely market, "unconscionable" would seem to be out.
There seems to be 2 mythical rental court actions in JC, the "unconscionable rent increases appeal", and the "owner hardship appeal" of rent control to raise rents. I have not personally heard of successful prosecution of either. Anecdotes anyone?
Posted on: 2007/12/1 20:56
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
An unconscionable rent increase is not necessarily a greater than 10% increase. Since unconscionable rent increases are determined by a court, a 10% increase followed by as little as a 5% may be considered unconscionable, or depending on the circumstances, a 22% increase may be considered fair.
Posted on: 2007/12/1 20:28
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Re: 22% Increase, VVP section
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Home away from home
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I've re-read brian's posts 3 times and nowhere do I see mention of the building's having only 4 apartments. What have I missed?
With no rent control protection I doubt that even the 10% increase limit has any real meaning . After all, absent rent control, or condo conversion protection the landlord has no obligation even to OFFER another lease. He could just vacate the tenancy with a short notice before lease expiration. Battling a landlord in court to preserve rent control protection makes sense. Batttling one over a free market increase seems far more costly than any possible future benefit. After all, even if the 10% held, he could 10% you to death year after year...PLUS LEGAL FEES and aggravation. If you have rent control protection, fight...if not, find a better place and a more reasonable landlord.
Posted on: 2007/12/1 18:54
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
Not quite everything. What Ian wrote is important: even if a unit isn't rent controlled, it's possible that a judge would object to the increase if it's over 10%, and if the increase is really out of line -- e.g., not justified by capital expenditures or by the fact that the rent is way out of whack with the market. If, say, you're not rent controlled, but your landlord just hated you and doubled your rent, a judge might call that "unconscionable." But it sounds as if Brian's increase is just annoying, not unconscionable, and, if a tenant takes a landlord to court over something that's not obviously outrageous, maybe that would make it hard to get another apartment. In New York, it sounds as if landlords use services to find out whether prospective tenants have filed landlord claims in the past. I don't know if landlords do that in New Jersey or not.
Posted on: 2007/12/1 4:46
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Re: 22% Increase, VVP section
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Home away from home
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Four years at 5% per year is about the same. What's the surprise? If your rent had increased each year at that rate, would you have moved out by now?
Posted on: 2007/12/1 2:20
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Re: 22% Increase, VVP section
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Newbie
 
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The building refered does not fall under rent control, As it only has 4 units.
Posted on: 2007/12/1 1:09
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Re: 22% Increase, VVP section
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Home away from home
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brian,
The large exception to the rent control law is what is called a "hardship increase" or a "capital increase." These must be documented in a hearing and proven. That is the time for you tenants to gather together all the evidence you can. From your first post it sounds like he may be trying to reclaim the cost of the new boiler via capital improvemnt charge...make sure his paperwork is in order and his costs not overblown as they most usually are. I think he is able to bill the tenants for 1/20 of the pro rated cost of such an improvement. A good argument is that replacing a blown boiler is NOT a capital improvement but rather merely maintenance that has been delayed too long. Anyway, a $40,000 boiler over 20 years and 10 tenants is $200 per tenant per year...or $16 per month. If he goes for "hardship" he must show he isn;t making something like 7% (not sure of exact figure) on his equity...yeah right!  Everything hinges on whether your building is rent controlled.
Posted on: 2007/12/1 0:31
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Re: 22% Increase, VVP section
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Home away from home
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Matt,
Thanks for the constructive post, I appreciate it.
Posted on: 2007/11/30 20:05
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Re: 22% Increase, VVP section
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Home away from home
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NEW JERSEY LAW:
Under the Anti-Eviction Act, a landlord cannot make you pay an increase in rent that is so large that it is unconscionable, meaning that it is extremely harsh or so unreasonable as to be shocking. Unconscionability is not important to tenants if the apartment, house, or mobile home is covered by a rent control ordinance adopted by the city or township. In that situation, rent control limits the amount of the rent increase. Also, if you live in subsidized housing, or receive Section 8, federal law will determine how much your rent can be increased. In all other cases, the only protection you have is that the statute states that the rent increase cannot be unconscionable. Cite: N.J.S.A. 2A:18-61.1(f). JERSEY CITY LAW: The maximum cost of living increase is 4% or the Consumer Price Index (CPI-W) whichever is less. In recent times the Cost of Living Increase has been less than 4%. The CPI-W is measured regionally and the one used is for the New York, Northern New Jersey Area. The statistics are published by the U.S. Department of Labor. You may obtain the information by calling the Division of Tenant/Landlord Relations at (201) 547-5127.
Posted on: 2007/11/30 19:55
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Re: 22% Increase, VVP section
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Home away from home
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With all of these responses you better start owning. Stop spending your money on frivolous things. For one thing cook at home; if people are willing to spend it people are willing to charge it. Face it we can't afford where we are, we never could. You should have been prepared for this day coming. Look for deals around J.C. cut coupons you?re not a kid anymore stash the cash! Prices are getting crazy, you can only afford one of two things a house or a whole bunch of junk don't opt for the junk.
Posted on: 2007/11/30 19:07
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
Wow, I love The republican twist! I'll say you're a freakshow because you're a Republican who protests free markets and whines about being entitled to things you don't want to pay for. But like the Republicans running the country, your ideology is your wallet, free markets are for suckers.
Posted on: 2007/11/30 16:41
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
No, No, don't deem it cool the price will go up....again.
Posted on: 2007/11/30 16:14
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Re: 22% Increase, VVP section
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Home away from home
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What year are those numbers from and is that all of JC or just Downtown?
You do realize that JC is very diverse, you take the whole area and a large time period and those numbers are garbage.
Posted on: 2007/11/30 16:07
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Re: 22% Increase, VVP section
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Newbie
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Upon crusing some real estates site, I found our area Median income. c/o Coldwell Bankers
Located in Hudson County, this neighborhood in JERSEY CITY with a population of 34,871, and has shown moderate growth since 1990 with 18% population growth. Median Age 34 Median Income $50,203 Married 26% Households with Children 25% It truly is an unfortunate situation when one finds themselves forced out our there home & community by why of an unreasonable rent increase. Think the point here is to open a dialogue in the community as this could happen to anyone, because there is little protection otherwise.
Posted on: 2007/11/30 16:04
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Re: 22% Increase, VVP section
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Newbie
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Quote:
Wow. Touchy. Take a xanax, darling. Glad you've got "the right reasons" (i.e. making ridiculous threats such as those bolded above) for posting on this site down. The artist/republican call-out has everything to do with your bratty attitude and lack of comprehension about how markets work, dear. Nothing sillier than somebody who votes Republican, but then scoffs when the market bites him in the "a$$". And whether you or I "seriously think" a 600 sf studio on Newark Ave should sell for $550K has nothing to do with reality - prices are dictated by what people are willing to pay. Just because you're unable or unwilling to doesn't make it ludicrous. It just means you're priced out of your neighborhood. Something tells me your GOP-loving poll finger never really minded so much when it was happening to people other than you. Now that you're on the receiving end of the shtupping, the world has gone to hell in a handbasket? Right, I'm the pathetic one who's venting.
Posted on: 2007/11/30 15:27
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
The pricing is being dictated by how much renters are willing to pay. Your equation " relatively safe, easily accesible to mass transit, close to my work" is why you are overpaying now and why your landlord is raising your rent. You can get a comparable and probably much better apartment in another area for $1000-$1300 but it might not be in a cool area. Unless, of course, you deem it cool. Then it would be cool and cheaper. All you gotta do is deem it cool.
Posted on: 2007/11/30 7:15
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Re: 22% Increase, VVP section
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Home away from home
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I can show you several apt in manhattan under 2200.
The 2200 number wasn't mine, I was posting about a number someone else wrote to make an example. Losing a home that you've lived in for 4 years sucks, bro. Thanks for rubbing salt on the wound, a$$. Markets are markets??? Are you F'n kidding me? You seriously think it's cool that a 600sq studio "condo" on newark ave in jC should cost 550k? I love my neighborhood, learn how to read. I was reffering to several articles in magazines and posts on this site that refer to JC as the "Hip, new cool place to live". You would get that if you had more than 12 posts, and where actually on this site for the right reasons. I'm a freakshow because I'm an artist who votes republican? Number one, are you stalking me? Number two, what perverted, tunnel vision world do you live in where my job has to dictate which way I'm supposed to vote? Hell yeah, I'm entitled. I'm entitled to a normal rent increase. Not something so drastic that makes it unaffordable. I'm entitled to live in my home with out having to deal with this bs. I grew up in this area, and yeah, I'm entitled to live close to my family and my job. I'm also entitled to tell you to watch your words and your attitude, before they get you into trouble. But i guess your life is that pathetic that you have to vent somehow. Thanks for your wonderful, constructive post. You really set me straight. I'm now going to move from my home and start voting the way you think i should. Take your 12 posts and shove them up your A$$.
Posted on: 2007/11/30 6:28
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Re: 22% Increase, VVP section
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Newbie
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Quote:
ahhhhh that's funny. find me the apartment in "most of manhattan" that's listing for $2200 right now that isn't a shoebox. and by your calculations, your yearly salary pre-rent increase should be $93,700. Boo hoo. Markets are markets. And your hovel isn't rent controlled. Find your miracle manhattan $2200 palace, or get another apartment in JC you can actually afford, but stop the whine-fest. If your nabe isn't "cool" enough for you, please, do yourself and those around you a favor and skeedaddle, bizarro republican-yet-artist hybrid freakshow. your landlords are only as "greedy" as you are "entitled". As Livia Soprano would say: poor you.
Posted on: 2007/11/30 5:37
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Re: 22% Increase, VVP section
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Home away from home
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2200 might be small change to the trust funders on JC list, but if you just take that number, and a little common sense about housing. Say your housing cost should be around 1 week's salary. (which is pretty much the standard). And please don't quote me on this, im just "ballparking" this idea...
But if you live in a place that costs you 2200/month. Your yearly salary should = around 114,000/year. That basically eliminates anyone under the age of thirty who can afford that and live comfortably. And definitely is considered on the high end for an apt. Granted it's not movie star money, but it's not a cop's salary either. And yes, they may not be exactly equal, but JC prices are getting almost too close to the prices of manhattan. And for what reason? What major improvements have been made to the area in the last 5 years that justifies such a dramatic shift in pricing? The pricing is being dictated by these fake-estate developers, and now is being followed by greedy landlords looking to cash in on an area that is deemed "cool" by everyone else except the people that live here. For me the equation is simple, all i ask for is a place close to my work, that is relatively safe, and easily accessible to to mass transit, and now I'm probably going to be forced to move farther away from my job, away from my home, for what?
Posted on: 2007/11/30 5:30
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Re: 22% Increase, VVP section
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Home away from home
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$2200 thats it? That can only buy you a closet in most of Manhattan!
Posted on: 2007/11/30 3:39
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
There are about a million reasons why this isn't exactly an accurate comparison. The main one being it's not every JC resident's dream to live in Manhattan. Shocking but true. As for dramatic rent increases, it's VVP, baby! This glamour and luxury don't come cheap.
Posted on: 2007/11/30 3:36
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Re: 22% Increase, VVP section
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Home away from home
Joined:
2005/12/18 2:57 Last Login : 2017/9/14 20:15 From Crystal Point
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I did find something interesting,
in comparing luxury highrises, the marbella in newport is $2900 for a 1br 870 sqft. the james tower on 90th & columbus in ny is $3060 for a 1br 790 sqft. if you're spending >$3000 on rent, i don't know why any transplant wouldn't live in manhattan.
Posted on: 2007/11/30 0:22
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Re: 22% Increase, VVP section
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Home away from home
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Quote:
If by your overblown Manhattan reference you're saying your landlord want's more than market rent, leave now and find a better deal. The beauty of the free market is that if someone wants more for their wares than others do, you don't do business with them. The function of the lease is to moderate the volatility of the rental transaction so this can only happen at renewals, but it does happen. You can also make a counter offer if you think it's truly over market, no landlord wants to lose rent on a vacancy that he might have to mark down eventually. Moving is a pain, but so is a vacancy, you may not be as powerless as you think.
Posted on: 2007/11/29 21:12
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Re: 22% Increase, VVP section
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Home away from home
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I agree, I was merely trying to show that the increase is a HUGE step up in price...
Posted on: 2007/11/29 20:59
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Re: 22% Increase, VVP section
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Newbie
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I think the point of this is discussing unfair rent increases, Not real-estate pricing in the city. Focus.
Upon speaking with the JC Landlord/Tenant Relations Office, They suggested court action & buildings in Jersey City must have 5 units to fall under rent control laws. Maybe I'll begin construction of the newly-added-apartment on our roof, Any hands?
Posted on: 2007/11/29 20:50
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Home away from home
Joined:
2007/10/14 15:17 Last Login : 2017/11/13 17:19 From time to time
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Quote:
I understand that you're paying a lot, and only a landlord can think 22% is reasonable. But the issue being challenged is comparability, not affordability. Assuming your hypothesis is indicative of your situation, you are paying about $1,800 and that's going to $2,200. Still has no meaning unless you price that against something comparable in Manhattan. Without knowing the particulars of your apartment, we all have to fall back on our common sense, which says that Manhattan is far more expensive.
Posted on: 2007/11/29 20:47
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Re: 22% Increase, VVP section
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Home away from home
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Jcase...
Hypothetically, Take your rent, then add almost 400 to it... Can you afford to live there now?
Posted on: 2007/11/29 20:16
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Home away from home
Joined:
2007/10/14 15:17 Last Login : 2017/11/13 17:19 From time to time
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223
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Yeah, but not the indoor parts.
Posted on: 2007/11/29 20:05
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Re: 22% Increase, VVP section
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Newbie
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that sucks when you've been in an apartment for a few years, tried to be a good tenant, and then the landlord screws you anyway.
if you love the apartment, i'd consider speaking to a lawyer.
Posted on: 2007/11/29 20:04
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Re: 22% Increase, VVP section
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Home away from home
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Sigh, I never said ALL of JERSEY CITY is more EXPENSIVE than ALL of MANHATTAN. WHat i AM saying is WITH THE RENT INCREASE ON MY APT, IT IS NOW IN THE PRICE RANGE OF A LOT OF APT'S IN MANHATTAN. I wasn't making a general statement about every apartment in Jersey CIty. I was simply refering to my situation.
Am i moving to NY? NO. I was trying to make the point of how greedy and obnoxious my landlord is being by trying to cash in even more on the "realestate boom" in jersey city.
Posted on: 2007/11/29 19:58
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