I think you should call the Rent Leveling Board, ASAP, and they will guide you. Also, check out the site info I've previously posted here on the LSNJ (Legal Services of New Jersey). Just do an advanced search and you'll find it here.


Rent Leveling Board
30 Montgomery Street
201-547-5127

Also check this link for more info:

Rent Control in Jersey City A Guide for Landlords and Tenants

Rent Control in Jersey City
Automatic Rental Increase
This Web version COPYRIGHT 2002 GET NJ

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.

This Cost of Living Increase is allowed once every twelve (12) months from the last anniversary increase. Tenants who are given a rent increase above the permitted amount may file a complaint with the Division of Tenant/Landlord Relations, Rent Leveling Office, located on the 4th floor at 30 Montgomery Street, Jersey City, New Jersey. Office hours are 9:00 a.m. to 4:00 p.m., Monday through Friday. There is a two year statute of limitation on any illegal rent increase, therefore tenants who dispute their rents should file their challenge within the two year period.


This Web version COPYRIGHT 2002 GET NJ
Hardship Rental Increase

An owner of a multiple dwelling of five (5) or more units is entitled to a Hardship Rental Increase if the building is not yielding a "Fair Return" on their investment. A fair return is defined as 6% above the passbook demand in a saving account of any bank in the area. The return is calculated on equity in the landlord's property investment. The equity is the down payment plus any accrued principal payments on the mortgage. An owner must own the building at least nine (9) months before an application for a hardship can be made. The application must reflect the income and expenses for a period of twelve (12) months prior to the application filing, and is to be documented by copies of bills, canceled check, mortgage notes, deed, amortization schedules, and other items as detailed in the Rent Leveling Ordinance. A tenant may request a copy of the landlord's application and supporting documentation and have these materials provided no later than five (5) days prior to a hearing date. A hearing is scheduled before a Hearing Officer affording the opportunity for all parties to present their position. The Hearing Officer will forward a report and recommendation to all parties with an interest in the application. Any party may submit written exceptions to the report which will be reviewed by the Rent Leveling Board at a caucus meeting when deliberating on the hardship rental increase. No increase is be imposed on a tenant without the approval of the Rent Leveling Board. If approved the landlord must supply each tenant with a 30 day notice of any approved hardship increase in compliance withN.J.S.A.2A:18-61.1F.

This Web version COPYRIGHT 2002 GET NJ
Capital Improvement Increase

No capital improvement rental increase may be passed on to the tenant without a landlord first making an application and having a final approval by the Rent Leveling Board. With the exception of emergencies, the landlord, before proceeding with a major capital improvement is to submit a pre-application to the Office of Tenant/Landlord Relations for the proposed capital improvement which includes cost estimates, together with establishing the allocation for each dwelling unit. Each tenant is to be notified of the pre-application and should be advised of the substance of the proposal, together with their right to request a hearing before the Rent Leveling Board.

The board will determine the conditions of a pre- approval with respect to the improvements, its cost and allocation. Upon completion of the capital improvement, bills, canceled checks and copies of proper permits must be submitted to supplement the pre-application.

After a final hearing before the Hearing Officer, the Rent Leveling Board will review the report and recommendation together with letters of exception before rendering its decision. All major capital improvements may be depreciated over ten (10) years.

A landlord may file for minor capital improvement rental increases. There is no need for a pre-application. Minor capital improvements may be depreciated over five (5) years. The rental increase once approved is considered a surcharge that must terminate after payment of five years.

A capital improvement cost that exceeds the amount of 50% of the assessed value of the building cannot be approved unless the building is in substantial compliance with all relevant property, maintenance and building codes.

Capital Improvement Increases for Vacant Units
In the event of a vacancy, the rent may be increased above the cost of living level only if capital improvements were made to the vacant housing space and only to the extent of the actual cost of those capital improvements. Appropriate permits must be obtained for all work and must be in conformance with applicable city codes.

For capital improvements of up to $5,000 in value, the vacant unit's monthly base rent can be increased by $1.35 per $100 of improvements. Improvements in excess of $5,000 may be increased by $1.55 per $100. Landlords who undertake such capital improvements must register the new rent ($75 per unit filing fee) with the Division of Tenant/Landlord Relations. Their rental registration for the improved units must include the supporting documentation of the costs incurred.

A capital improvement is a permanent improvement that can be claimed by the landlord for depreciation on federal tax returns and adds to the value of the building.

Excluded from this definition are:

Routine repairs and maintenance

Conversion improvements to heat/hot water units for individual apartments where the cost of heat and hot water is transferred to the tenant

Owner & Tenant Responsibilities
This Web version COPYRIGHT 2002 GET NJ

Landlords must file a Rent Registration Form with the Rent Leveling Office containing information as to ownership, managing agent, superintendent, of their building, together with the names and rents paid by each tenant. The information is to be re-filed within seven (7) days after any change of tenancy or ownership.

New tenants must be provided with a RENTAL STATEMENT providing:


The name & address of the owner of record and his/her agent.

The name, address and phone number of the superintendent.

A 24 hour emergency number.

A description of the housing space and related services.

The rent of the prior tenant and notification of the existence of the rent registration law.

New tenants must also be provided with a copy of the Truth in Renting Statement published by the N.J. Department of Community Affairs. (For copies call (609) 292-4174)

Tenants are expected to enjoy the peace and tranquility of their apartments. An Anti-Harassment provision is provided in the Rent Leveling Ordinance. Any act of harassment can be reported to the Housing Municipal Court prosecutor for investigation and/or prosecution.

Tenants are expected to pay their rent, respect the landlord's property, and are required to be attentive to the peace and quite of other tenants or to other people in the neighborhood.

An owner/landlord can pursue an eviction of a family if a judge can be convinced that a member of a household, or a person who was allowed to stay with the registered tenant or was visiting, has committed a drug offense in the apartment complex or has been guilty of assault or terrorist threats, even though no one was convicted or even arrested by the police. (Cite: Housing Authority of Newark v. Reid 263 N.J. Super 554 Law iv. 1993). It is mindful that the landlord must prove this in court by a preponderance of evidence that the tenant or visitor was, in fact, engaged in drug activity.

Any owner of real property within Jersey City is required to register with the City Clerk the street address of his or her residence whenever the owner does not reside at the property. This applies to residential properties, including: single family homes, condominiums/cooperatives, lots, and business/commercial properties (N.J.S.A.-40:48-2.53).

Sounds about right, based upon current overheads. If you live in a condo or small building, charges that have been imposed by the city / state can be passed on directly to the tenant without a hearing.

Most (smart) landlords are adding increases due to fluctuations in property tax as a separate line item in residential contracts. This has been done for years in NY.

If you are paying less than $1000, you should count you blessings. The landlord simply can't be held responsible for Mayor Healy's spending - as a resident, it's your obligation to step up to the plate and cover this cost.

Personally, I wish that the city would stop giving property tax relief to new construction projects. The population of the downtown has doubled and many of the new owners do not have to pay their share of tax for up to 30 years.

This means that those of us who have been here for the long haul are paying for the party.

DOWNTOWN NO LONGER NEEDS DEVELOPMENT INCENTIVES. Healy's playing a very greedy long-term hand and will end up getting booted out like Anthony Russo in Hoboken.

I think you should feel fortunate that you were paying $750 before. Anything less than a 1k per month downtown for a 1br is fair. That is, assuming the place isn't a s**t hole.

Come to JC Heights it's coming around and it is now more convenient with the lightrail elevator.

Quote:

Raises according to CPI only apply to rent control. The state anti-eviction statute applies to 4 units and above. (we found this out when we were told if we bought a 4 family we could not evict a tenant to have an apartment for ourselves). 3 units or less I think you're on your own.

What you suggest above is a NYC attitude about screwing the landlord and dragging it out. I've heard that don't fly so well here, the courts'll toss you out quick if the landlord is within his rights. And as a landlord, credit checks cost $10. If you did that to me I'd put a lien on you. But then I've never had the nerve to raise a tenant 30%!

as far as I know if a landlord wants to hike up rents beyong the CPI index (4%) they have to prove that they made improvements such as new floors, windows, kitchen etc in order to demand more rent.

750 seems low for Jersey City, other people I know in simular situations ride it out. If I were you pay the same rent. Let him take you to court. You case should be good enough to drag it out for 18 months if you want. The only draw back from this is that it may be tricky if you need him/her as a reference. I am sure it is harder for him legally to push you out that you think.

Again all this depents on the building, owners situation, if it's a family dwelling, estate etc.

Move to Journal Square, you can rent a studio apartment for less than 750 if you look around.

Quote:

I think if the landlord has done nothing to improve your apartment a 30% increase is really out of line. I can see 10-15% with the costs or taxes and sewer rising -- I would talk to them and say that you can't afford that large of an increase maybe they would be ok with less for one more year -- say 15% -- it seems clear that you will be moving after that so maybe check you options in other parts of JC or Newark but I would stay another year if I were you. Things will be more fleshed out and you might find someone who owns a building downtown that will give you a good deal for being a nice person. You never know.

Getting forced out sucks -- I know it has happened to me a few times.

"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."

"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."

More Rent Increase Info here

Did your landlord tell you why the rent was increased? I just resigned my lease and wanted to make sure I didnt get ripped off. I would check out this website about rent control in Jersey City. I found it very helpful. It says how and why your landlord can increase your rent.

http://www.getnj.com/jerseycity/rentcontrol.shtml

It applies to buildings with 5 or more apartments. Also, I found this on another rent control website.

"If your apartment or house is not covered by the rent control ordinance, the only limitation on your landlord's right to increase the rent is that the landlord cannot evict you for refusing to pay an increase that is so large that it is "unconscionable" (extremely harsh or so unreasonable as to be shocking).

The courts have not defined what the word "unconscionable" means in dollars and cents. But some rents clearly appear to be so harsh or shocking as to be unconscionable. For example, if your landlord raises your rent more than 20% without a very good reason, the increase may be unconscionable. On the other hand, even a 5% increase could be unconscionable if the conditions of the building are very bad and the landlord has failed to make repairs. "

So there you go. I think 30% is shocking enough to be unconscionable

That's a ridiculously high percentage, but that would bump you up to $975 for, I assume, a 1 BR. Unfortunately, I suspect that's probably about market rate. Not sure about the legalities.

Rents will continue to go up in the area. Question is, will people pay them. Or will they just move to other parts of JC, Union City, Weehawken, or parts of Newark, etc.

Yesterday the owner of the building where I live notified me of a 30% increase in my rent -- this is on top of my usual rent increase, which happened in December.

Is this the future of Harsimus Cove? Is there anything I can do about this, or should I just pay or move out? I know there is no rent control, but there is a state law protecting tenants from unconscionable rent increases. I know downtown is booming ... would 30% be considered unconscionable? (by a Judge, I mean) I've lived here 12 years but I really don't want to get into some big legal battle unless I had a good chance of winning.

Also, where can I live for about $750 a month? Besides Antarctica?