they're probably not complaining because they have 5 people bunking illegally.

economy is getting worst.
the only ones partying are the wealthy foreigners and they're in nyc or 70 greene st.


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Thanks everyone for weighing-in. Yeah...it looks like I have to stay and pay. I checked out other comparable residences in the area and they are either inconvenient (no elevators, not nice area, distance from train/market etc), bad reviews (thin walls, bugs etc), and/or more expensive. GP must've done their research too...I am looking at a place today on Erie (2 br for 2500, but no elevators - will probably pass and sign the GP lease).

Me thinks dtjcview has a weird outlook. The original poster got a discount which the landlord is taking away. The OP knew this when he/she signed the lease. GrovePointe is a modern building with no rent control provisions. I think the OP should consider him/herself luck in that the landlord is not raising the rent more.

Oh, btw, the OP could always move.

The issue is that the OP agreed to a discounted rent and most likely signed something to the fact. The rent increase is only $50. You knew when you signed the lease that the discounted rate had a set term.

You may want to hire a lawyer along with your fellow renters and challenge the the increase as "unconscionable" under a joint class action. A 15% increase seems unconscionable, given inflation is under 2%, and the fact that NJ has limited City spending increases to less than 2%. Rentals are "hot" at the moment and landlords are profiteering from it. Mightn't hurt to push back a little.



http://www.lsnjlaw.org/english/placei ... ts/chapterseven/index.cfm

H: Chapter 7: Rent Increases

Chapter 7 Contents:

Rent Increases
Your rights when your rent is increased
The correct way to increase the rent
Notice terminating lease and notice of rent increase
If you don?t pay the increase
Unconscionable rent increases
Burden of proof
What does the landlord have to prove?
Increases under rent control
Hardship increases
Challenging a hardship increase
Illegal rents under rent control
Rent increases due to condo or co-op conversions
Increases to retaliate or get even
Rent Increases

Your rights when your rent is increased

TENANTS OFTEN ASK IF they have any rights when the landlord asks for a rent increase, especially if their landlord has raised the rent in the past and the tenant is at the point where he or she can no longer afford to pay any more. The answer to this question is yes. As this chapter explains, landlords can only increase the rent if they follow the correct procedure to end the lease at the old rent and create a new lease at the increased rent. A landlord also cannot ask for a rent increase that is unconscionable. If the tenant lives in a community with rent control, the rent increase cannot exceed the amount allowed under the rent control ordinance.

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The correct way to increase the rent
The law requires a landlord to take certain steps in order to make you pay an increase in rent. First, your existing lease at your present rent has to end. This means that the landlord cannot increase the rent during your lease. For example, if you have a lease for a one-year period, the rent cannot be increased during the period of the lease. To raise the rent, the landlord has to wait until your lease is about to expire and then take action to end your lease.

Second, the landlord has to offer you the option of entering into a new lease after the old lease expires. This new lease may be at a higher rent. The next section describes how a landlord must end your lease and offer you a new lease at a higher rent.

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Notice terminating lease and notice of rent increase. The law requires that, for a landlord to raise your rent, you must be given proper written notice. A proper notice must inform the tenant that the current written or oral lease is being ended and that the tenant can stay in the rental unit by signing a new lease at a higher rent. (See The correct way to increase the rent.)

If your lease is monthly, a proper notice must explain that your existing lease will be terminated or ended in one full calendar month. You must receive this notice at least one month before your lease ends. The notice period may be greater, depending on what your current lease says. If your lease is for one year, the notice must explain that your lease will terminate on the date the lease ends, and you must receive this notice at least one month before that date. The notice can be for a longer period, such as 90 days before the lease is to end, if the lease requires it.

In addition to ending the lease, the notice must also say that, at the end of your current lease, you have the choice of accepting a new lease at the higher rent. If you decide to sign the lease and stay on as a tenant, you must pay the rent increase. Cite: Harry?s Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982).

Any notice of a rent increase that is not in writing and is not divided into two parts?(1) ending the old lease and (2) beginning a new lease at a higher rent?is not legal, and you do not have to pay the increase.

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If you don?t pay the increase
If the landlord asks for a rent increase, and you decide to stay but not pay the increase, you are not agreeing to the increase. You should be aware that, if you do this, the landlord can try to evict you in court under the Anti-Eviction Act. The law allows landlords to evict tenants for nonpayment of a rent increase. Cite: N.J.S.A. 2A:18-61.1(f). (See Chapter 9, The Causes For Eviction.)

In court, you can argue to the judge that the landlord did not give you proper notice and therefore you do not have to pay the increase until the landlord has given you the right notice.

If you succeed with this argument, the judge will dismiss the eviction complaint. The judge could also find that the landlord gave you the proper notice of a rent increase. This means that, unless the increase is ?unconscionable? or in excess of the amount allowed by rent control, you will be evicted unless you pay the increase. Cite: N.J.S.A. 2A:18-61.1(f). (See Unconscionable rent increases below.)

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Unconscionable rent increases
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).

Whether an increase is unconscionable depends on the facts of each case. The eviction law does not state what makes an increase unconscionable. In deciding disputes between tenants and their landlords over rent increases, judges have not defined how large an increase must be in dollars or percentages to be unconscionable. It is clear that some rent increases are unconscionable because the increase is much larger than the prior rent, or because the landlord has asked for many small increases in a short period of time that all add up to a large increase. For example, an increase of over 20 percent, if made by the landlord without a very good reason, could be unconscionable. Even a five percent increase could be unconscionable if the conditions in the building are very bad and the landlord has failed to make needed repairs.

If you believe that the rent increase your landlord is asking for may be unconscionable, you can refuse to pay the increase. Your landlord can then take you to court to try to evict you for nonpayment of the rent increase. If the notice ending your lease and increasing your rent is proper, then you can defend against the increase in court by arguing that the increase is unconscionable.

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Burden of proof. If the landlord takes you to court, it will be up to the judge to decide if the increase is unconscionable and if you have to pay the increase or be evicted. The burden of proof is on the landlord to show that the rent increase is fair and not unconscionable. Cite: Fromet Properties, Inc. v. Buel, 294 N.J. Super. 601 (App. Div. 1996). If the landlord is not prepared to prove that the increase is fair when the matter is scheduled for trial, the court can grant an adjournment (postponement) in the interest of justice.

In eviction cases, tenants are not allowed to examine the landlord?s books or documents before the trial. Problems will arise if a landlord comes to court with detailed records that a tenant has never seen and may want to challenge. If this happens, the tenant should ask for an adjournment in order to have time to review the landlord?s documents. In a complicated case, the tenant may also ask the court to transfer the matter to a different court?the Law Division of the Superior Court?in order to review the landlord?s records and challenge them through legal procedures such as discovery.

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What does the landlord have to prove? The judge should require the landlord to show that the large increase sought is justified because his expenses are more than his rental income, or that he is making an insufficient profit. Other factors that the court may look at in deciding whether a rent increase is fair and not unconscionable are:

The amount of the proposed rent increase.


How the existing and proposed rents compare to rents charged at similar rental properties in the same geographic area.


The relative bargaining position of the parties?who has the most power in determining what should be a fair rental.


Based on the court?s general knowledge, whether or not the proposed rent increase would ?shock the conscience of a reasonable person.? Cite: Fromet Properties, Inc. v. Buel, 294 N.J. Super. 601 (App. Div. 1996). There also may be other factors that courts will examine.
For example, if a landlord claims heavy expenses due to repairs, the landlord should be required to show that improvements were made to the rental units or the building and that these improvements mean better living conditions for tenants. Also, if a landlord spends a lot of money to make a major repair that will last for many years?such as replacing the entire roof of the building or buying all new refrigerators?the tenants should not have to pay the entire cost of the repair in a single rent increase. The increase should be spread out over the life of the repair. (For example, if a landlord spends $15,000 to replace a roof, and the new roof will last 15 years, the rent increase passed on to all the tenants should only be for $1,000 total, since the tenants will be paying that amount each year for the next 15 years.)

A landlord should not be allowed to charge tenants for improvements that the landlord had to make to bring the building into compliance with housing and health codes. Tenants have a right to safe and decent housing and should not be penalized simply because a present or former landlord did not make repairs to the building. Cite: Orange Taxpayers Council, Inc. v. Orange, 83 N.J. 246 (1980).

Some judges do not, however, take these factors into account when ruling on whether a rent increase is unconscionable. Instead, there are judges who believe that landlords can double or triple the rent simply by showing that other apartments in the area are renting for a similar amount.

Once the landlord tries to prove that the rent increase is fair and not unconscionable, a tenant can dispute the accuracy of the landlord?s statements and try to show that the increase simply is not fair.

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Increases under rent control
Rent increases are also limited to the amounts allowed under a local rent control ordinance if the community has adopted rent control and the rental unit is covered by rent control. More than 100 cities and townships in New Jersey have passed rent control ordinances. To find out if your city or township has rent control and if it covers your unit, you should call your city or township hall. If there is rent control where you live, they will put you in touch with the person in charge of rent control cases. You can then ask for information about your situation and for a copy of the city?s or town?s rent control ordinance. The ordinance will state how much and how often your rent can be raised.

There are two types of rent increases allowed by most rent control ordinances. First, the ordinances allow landlords to automatically increase the rent by a certain percentage each year. This is called the annual increase. Second, the ordinances allow landlords to apply to the rent control board for an increase above the annual amount. This is called a hardship increase.

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Hardship increases. Rent control ordinances allow landlords to apply to the rent control board for a hardship increase. A hardship increase is an additional increase, beyond the regular annual increase, if the landlord is not making a ?fair rate of return? or ?fair return.? However, courts have said that towns can limit the landlord?s profits to amounts that are fair even if the profits are less than the landlord wants, or less than the landlord could get by investing money elsewhere.

Most rent control ordinances use a formula to determine fair return. These formulas vary. Some fair return formulas are easier to understand than others, and some are more fair to tenants. Check your rent control ordinance for the fair return formula used in your community.

Tenants must be notified if the landlord applies for a hardship increase. The rent control board will then hold a public hearing on the landlord?s request and, after the hearing, make a decision on the request. The rent control hearing gives tenants a chance to contest the rent increase sought in the application.

If you receive notice that your landlord is applying for a hardship increase, there are several steps you can take. You should immediately contact your rent control board and ask them for (1) a copy of the ordinance, (2) a copy of the landlord?s application for a hardship increase, and (3) information on when the hearing on the hardship increase will be held by the rent control board. Many ordinances also provide tenants with the right to look at all of the landlord?s books and records. You may also want to seek the advice of an attorney and get any help you can from the tenants organization in your building, complex, or community.

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Challenging a hardship increase. At the hearing on a request for a hardship increase, the landlord will try to show why he or she should get the increase, and you have the chance to argue against the increase. To defeat the hardship application, you must show that the landlord should not recover some of the costs being claimed. This means that you must carefully go through the hardship application and examine each item to make sure that it is fair and reasonable. You should also make sure that the landlord is properly reporting all of his income. For example, you should challenge any cost the landlord is not entitled to recover under the ordinance, or any cost that appears inflated or false, or any cost that is unreasonable or too high, such as the cost of bank financing.

Your aim is to convince the rent control board that the landlord is not suffering hardship and that he or she should not get all or part of the requested increase. The rent board?s decision can be appealed to the Superior Court, Law Division.

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Illegal rents under rent control. If you find out that your rent is higher than the legal rent set by the rent control ordinance, you should contact your rent control board. You can file a complaint with the rent control board to get the rent lowered to the correct amount and to recover the amount of illegal rent you paid. Contact your regional Legal Services program, a private attorney, or your local tenants organization for help. You can also get your overpayment back by taking it out of future rent payments. Cite: Chau v. Cardillo, 250 N.J. Super. 378 (App. Div. 1990).

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Rent increases due to condo or co-op conversions. Landlords may not be allowed to include in a hardship increase any costs that result from a planned conversion of the building to a condominium or cooperative. For example, one court has ruled that where a building had its property taxes doubled when it was converted into a cooperative, the rent control board was justified in not allowing the increase. The court also ruled that the Anti-Eviction Act requires that tenants who choose not to buy ownership in a condo or co-op be protected against conversion-related rent increases. Cite: Litt v. Rutherford Rent Board, 196 N.J. Super. 456 (Law Div. 1984).

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Increases to retaliate or get even
The law does not allow your landlord to increase your rent in order to ?get even? with you because you are using your legal rights as a tenant, or because you have reported housing and health code violations to official inspectors, or because you belong to a tenants organization. Cite: N.J.S.A. 2A:42-10.10. (See Chapter 10, Defenses to Eviction.)

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--------------------------------------------------------------------------------

View other sections:

A: Introduction
B: Chapter 1: Know Your Rights
C: Chapter 2: Finding a Place to Rent and Moving In
D: Chapter 3: Security Deposits
E: Chapter 4: Leases
F: Chapter 5: Ending or Breaking Your Lease
G: Chapter 6: Your Right to Safe and Decent Housing
H: Chapter 7: Rent Increases
I: Chapter 8: The Nuts and Bolts of Fighting Evictions
J: Chapter 9: The Causes for Eviction
K: Chapter 10: Defenses to Eviction
L: Chapter 11: Removals, Stays, and Vacating Judgments
M: Chapter 12: Court Rules to Help Tenants
N: Chapter 13: Special Programs for Tenants
O: Chapter 14: Condominium and Cooperative Conversions
P: Chapter 15: Rooming and Boarding Homes and Mobile Home Parks
Q: Chapter 16: Housing Discrimination
Copyright ? 2010 Legal Services of New Jersey








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This "ridiculous increase in rate" actually looks tame when compared to what is going on in NYC right now..: http://www.nytimes.com/2011/10/16/rea ... highs.html?pagewanted=all

Maybe GP is also anticipating some increased assessment with the incoming reval. The city has been literally robbing landlords of their rent through the recent double-digit year-over-year property tax increases, it is quite expected that they will pass the bill now that they can afford it. Elect a mayor that will not give any tax abatment to builders...

This is total BS, grow up, take an Econ 101 course. We live in a free market economy. Move or Pay-up, and thank your god, that you are not stuck selling an underwater property, and you have a job.

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Agreed. I put my one bedroom for rent. It was rented in less than a week back in September. $1,750 in an elevator building in Hamilton park with a parking spot. New tenant also paid the broker fee. Personally, if my tenant pays on time for the year then I see no reason to increase (unless my expenses for the unit increase significantly). I've dealt with low life tenants managing my parent's property. Not sure if large rental management companies feel the same way. :)

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How do you mean it is unfair?

If the landlord can find someone else who is willing to pay 2050 for your apartment - why is it not fair for a landlord to take that better deal, - or to ask you to match the price?

If someone offered you a job with a 14% raise - would it be unfair for you to take it? Would it be unfair for you to ask you current employer for a raise?

If it is ok for you to charge as much as someone is willing to pay you - why is it not fair for a landlord?

From a realtor friend of mine, I've heard that the downtown rental market now is very hot. It's due to the fact that because of the economy, less people are buying and also Manhattan renters are being priced out of that market so they're coming to JC. You have to pay to live right upstairs from the PATH in a luxury building. I believe the rents at 225 Grand are higher, if that's any comfort.

If you knew going in you were getting a limited-term incentive, and now that term is up, I don't see the issue.

Yes, you are seeing a large increase but if you knew 2 years ago that this incentive would end it is 100% expected. And the $50 base rent increase is not particularly unreasonable.

The incentive got you to move in (as it was designed to do), and now you have to decide whether the hassle of moving somewhere else is worth that money you'll save.

You could try to negotiate by threatening to move out, and you could probably get them to at least drop the extra $50. But your success at negotiating will depend on how well units are renting there these days.

JC_GeeGee - yup, 1 bedroom.

Crazy_Chester - regardless, it is still a very steep increase. I guess an incentive to stay doesn't exist...

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That is what an incentive is for, to get you to move there in the first place and hope that you stay beyond the discounted period. If they keep offering you the incentive it isn't an incentive anymore, it is rent. Perhaps people are not complaining because they understand this.

Sorry to hear that. This sounds excessive....is this for a 1BR?

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GP has hundreds of units, it seems like they probably have a good idea on the market rate. They, like all apt buildings can also charge you more than a new tenant because they factor in the move out cost. I know people who live in a 2br at GP, their rent went up $850!!! They looked around extensively but in the end decided to renew after negotiating it to a still high $600 increase.

The reduced rent was $1800 for 2 years. Without the incentives, $2050. According to their reasoning, they're increasing the rent by $50 to $2100 for a renewal to bring the rent to "market rate". But for me, it is really a 300 increase from $1800 to $2100. They are not offering a 2 year lease or any incentives for lease renewals...

I find it odd that no one is complaining about this on Kannekt and they're not on ApartmentRatings (must've paid them off or something). I just want people to know the real deal about Grove Pointe.

Are they in breach of the lease agreement (the one with the reduced rent) that you signed and agreed to 2 years ago?

Yeah I always wondered why it wasn't on there too.

Your rent was 1800, but what was it without the incentives?

I have lived at Grove Pointe for 2 years. They want to increase my rent by $300/mnth . Their reasoning is that the increase is based on the true market rate (2050) not the reduced amount/incentive for the 2 year lease (1800). I spoke with some other tenants and the same is happening to them. I can afford to pay extra, but it just seems greedy and unfair to good tenants . Esp. since anyone can walk in off the streets (constant concierge changes), the fixtures/floors are cheap and the window units are noisy . I just got my lease and had to vent (and prob look for another apt with thick walls, laundry and convenience (the main plusses of living there). Also, WHY isn't Grove Pointe on ApartmentRatings.com?