Issue 82: Renters fight back

Interview with the Portside Towers Tenant Association, and an attorney for the Waterfront Project. Plus, residents at one particular building reached out. Also: don't forget the Art House art sale!

Dec 04, 2022

Hello! In last week’s issue, I wrote a little bit about a tenant’s group that organized and got their massive rent increase rolled back. This week, I talked to two of the people with that group to get their thoughts on renter’s rights in Jersey City. Plus, I talked to an attorney with housing justice organization the Waterfront Project, and some residents at the Beacon reached out about their rent hikes. All in all, this makes for an issue chock full of information for tenants and people concerned for the future of this city in terms of affordability and demographics. I hope you find it helpful and as always, thank you for reading! — Amy

This issue is dedicated to Jimmy McMillan, who spoke the truth about NYC metro area rents all the way back in 2010.

The Rent is Too Damn High, Part One: How one building fought back.

After last week’s issue, I reached out to Michele Hirch and Kevin Weller of the Portside Towers Tenant Association after their recent appearance at a city council meeting and asked them about their experiences organizing tenants and in learning more about the rights of renters. Below is the text of our email conversation.

Were you the founders of your respective tenants’ groups? If so, how did you start the group? If not, was the group especially active or involved before this rent increase happened?

In the summer of 2021, a handful of tenants, myself (Michele) included, began to discuss organizing. The effort had a few fits and starts, but then in the spring of 2022 Kevin and I met one another. We quickly realized that our skill sets were complementary and shortly thereafter organizing a tenant association for each of the buildings at Portside gained traction. As Kevin pointed out early on, “I feel like we are bringing different things to the table and together we will accomplish what either of us might not have been able to alone. The way our efforts complement each other is a unique and fortunate circumstance.” Kevin is an excellent strategist and spokesperson, and I am an academic with research skills that help us navigate different systems and procure the documents we need to substantiate our arguments.

Learning about tenant associations and that NJ has a law that protects tenants who organize (Reprisal Law N.J.S.A. 2A:42-10.10) was straightforward. The New Jersey Tenant Organization (NJTO) has been a great resource. Our first step in organizing was the creation of a WhatsApp chat, then holding meetings where we explained step-by-step the city’s process to file illegal rent petitions, and that the NJ law and NJTO chartered tenant associations would give us protection. We held transparent elections to approve the Associations’ by-laws and to vote for the Board of Directors officers for each building. There are currently 286 participants in the WhatsApp chat, over 100 petitions (of 527 units) for illegal rent increase have been filed with the city’s Office of Landlord Tenant Relations, more than 50 apartment units have NJTO individual memberships, and each of the tenant associations are charted by NJTO.

Can you sum up what you were asking for at the council meeting, briefly?

Our ward Councilman, Frank Gilmore, encouraged us to speak at a city council meeting after he understood that the city’s Office of Landlord Tenant Relations was not enforcing its rent control law and tenants in our buildings were being harmed and/or effectively evicted with rent increases upwards of 40%. To date, we have attended two city council meetings: November 9 and 28. Our goals at both meetings were to ensure that:

council members understand the state and municipal rent control laws are not being enforced by the Jersey City office charged with enforcing the law,
the media would take note because the rent issue is not unique to our property or even Jersey City,
our fellow tenants know that our tenant associations are hard at work representing their interests.

Many other buildings are being hit with high rent increases. Do you have any advice for people looking to organize their neighbors to fight this sort of thing in their building?

There are two different issues tenants here in JC. One is that the building in which one lives is exempt from rent control, so while they are subjected to egregious, unconscionable rent increases, they are not illegal. The other is illegal rent increases occurring in a building that may be, unbeknown to its tenants, subject to rent control but the landlord is acting “as if” they their building is exempt from rent control. These bad actors get away with abusing their tenants because the city is not enforcing its rent control law.

Tenants need to know which of the two categories their building falls into. If the former, they can go to NJ Superior Court and file a claim of unconscionable rent increase. Of course, this takes time and resources that many tenants do not have. If the latter, they can file an illegal rent increase petition – with the caveat that they must be well-prepared to substantiate their claim and they must be knowledgeable about both the state and local rent control laws. The laws are not easy to decipher and the number of incorrect assertions, purposeful or not, that we’ve encountered from our landlord’s attorney and from the city’s rent control authority is quite disconcerting. It helps to have a team of dedicated, like-minded people working together to make sure the record is set right.

What is your connection to some of the long-standing tenants' rights groups in JC, like JC Together and the Waterfront Project?

As noted above, our tenant associations are charted by NJTO and many tenants opted to also sign up for individual NJTO memberships. Matt Shapiro, the president of NJTO, has been nothing short of helpful and insightful.

In June, I was introduced to [Al-]Tariq Witcher [of JC Together] at one of Brigid [D’Souza, aka CivicParent]’s workshops and he was kind enough to meet with me and my husband to discuss the rent control issue in addition to the seeming conflict of interest the city has with abatements. Our tenant associations were not yet formalized at that time, but now that we have made the progress we have made thus far, it is a good time for me to reach back to him so we can develop a strong alliance with NJ Together.

Brian Rans and a few other attorneys at the Waterfront Project are quite aware about the situation at Portside. Because of the outrageous rent increases, some of our neighbors have been effectively evicted (they chose to leave on their own because they can no longer afford to live at Portside) and some have had eviction documents filed in NJ Superior Court by our landlord’s attorney. Brian was instrumental in assisting one such tenant. He is an ally for tenants and their rights.

We’ve also met with Diane Kaese, President of the Historic Paulus Hook Association. She has been an ally in support of rent control and talking about building development in the Paulus Hook area. After meeting Diane, we attended the most recent monthly Historic Paulus Hook Association meeting, and that’s where we had the good fortune to meet Frank Gilmore.

Do you have any examples of other cities' handling of rent control that you think could be a model for JC?

This is a great question. JC has seemingly tried to reform its rent control laws. What’s not transparent about these efforts is why they haven’t been successful and who is responsible for that.

While we haven’t investigated models per se, we do follow the news for reporting on building owners getting themselves into hot water and for tenants who are successfully asserting their rights. Here are a few of the reports that have been shared within our community:

And then there’s the more local political news that may be tangentially related to why the city does not enforce its rent control laws:

If people reading this want to reach out to you, how can they do that?

We have an email address where we can be contacted: portsidetenantassociations@gmail.com

The Rent is Too Damn High, Part Two: Know your rights.

I talked briefly with Amy Albert, Managing Attorney for the Waterfront Project, who knows renters’ rights probably better than anyone else in the city. The Waterfront Project is a free legal center in JC which provides help and advice to tenants and others in need.

Coming off of my conversation with Michele and Kevin [see above], I geared my first question towards rent control, but here you can see that Amy has advice for tenants whether rent controlled or not. Here’s the transcript of our email conversation:

Have you seen an uptick in complaints about rent control recently?

I wouldn't say we've received more complaints about rent control specifically lately. We have gotten a lot of complaints about landlords increasing rents significantly recently. However, most apartments in Jersey City are not covered by rent control. In Jersey City rent control only protects apartments in buildings with five or more apartments built before 1983.

The increase in complaints about rent increases has a few causes:

Jersey City forbade landlords from increasing rents during the height of the pandemic, however, rent increases have been permissible for the last year;
Landlords are seeing increases in water bills and other costs and are passing them along to tenants;
Gentrification and folks moving out of New York to JC has pushed rental prices up and so landlords think they can get more.

What advice do you have for a tenant who suddenly receives a steep rent increase?

There is no law that caps rent increases by a certain percentage. However, there is a law that guards against unconscionable rent increases. There is a multi-part test for what is unconscionable which includes what the market rent is for a similar apartment in the area, increased expenses and on the other hand, what a tenant was being charged before.

A tenant has three choices if he/she receives notice of a rent increase

Pay it,
Challenge it in writing and withhold rent until the matter is addressed (but be prepared to go to Court on a non-payment case),
Attempt to continue to pay rent at the prior rate, if the landlord accepts it, there is an argument that the landlord has waived his/her/its right to collect the higher rate.

A tenant should do the following:

Make sure they've received proper notice: 60 days notice of an increase in rent in writing - this can be a letter or a digital communication. If the notice is improper, choose step 3.
Do some research about what your apartment would rent for by looking at comparable apartments on a real estate site in Jersey City,
Think about any repairs or maintenance costs you have been aware of recently,
Make a decision about how to handle it (see above).

How important is a tenants organization? Should tenants concerned for the future be looking to organize proactively?

If you are talking about a rent control building a tenants' organization could be very helpful. The City sets the rate that a landlord can increase rent each year but exceptions are made for certain repairs/improvements. Talking to your neighbors will keep you in the loop. Further, many landlords try to drive tenants out so that they can make substantial improvements to an apartment or building and charge substantially more rent. However, the rent control board can reduce a persons' rent for poor conditions. This has a greater impact if many people in the building challenge their rent for poor conditions.

I know WFP offers free legal advice, but are there other orgs out there that tenants should be aware of? (I have previously linked to the city's resources and JC Together, but just not sure if there are others I should know about.)

WFP provides free legal representation for people facing eviction and with rent control cases as well as housing counselors who provide advice and assistance with rental conditions.

Legal Services of Northeastern New Jersey provides free legal advice to renters facing eviction and in rent control cases.

The Community Health Law Project provides free legal advice and social workers for folks with disabilities who have housing concerns (among other concerns).

WFP and Legal Services have both provided legal support to Tenant Associations in the past and are happy to talk with folks who are interested in creating one.

[Lastly,] WFP has a community advisory board for young people 16-25 facing homelessness/eviction. We are actively seeking people with lived experience to serve on the board as well as service providers. [Ed. note: if you’d like to be a part of this board, respond to this email and I will put you in touch with WFP.]

The Rent is Too Damn High Part Three: Now even higher earners are getting pushed out.

Last week, I asked anyone who was facing a steep rent increase from any of the city’s mega landlords to reach out and let me know what’s going on. I heard from quite a few people, but one building in particular really stood out.

Several past and current tenants of the Beacon — the luxury apartment complex built in the former grounds of the JCMC/Hague hospital — reached out with complaints about high rent hikes, which in some cases has forced tenants to move. One person willing to go on the record for now is Rosanna Vargas, who has lived in the building for seven years. She and her family have watched their rents climb, and the last lease they were offered had them at “from $2300 to $2875 at [an] 18 month lease,” a 25% increase. If you opt for a shorter lease it will be up to $3,100.00 per month, about a 35% increase.

With everything going on in our city, it might sound weird to single out the troubles of tenants in what is essentially a luxury building — but even that seems a little misleading. I showed Rosanna the list of amenities that a 2015 article highlighted residents of the Beacon having, and she disputes many of the entries on that list. From the article:

In addition to the units, you’ll also find 80,000 square-feet of shopping as well as a 25,000 square-foot lifestyle center by the name of Club Aqua. There are also two dog runs, washers and dryers in each unit, central heat and air, an indoor pool, billiards hall, library, movie theater, private poker room, exercise classes, stainless steel appliances, the 45,000 square-foot Overlook Park, organic garden spaces, a children’s playground, shuttle transportation to the PATH and ferry stations, valet service, 24-hour maintenance, a parking garage, and more.

According to her, much of what’s on this list isn’t actually available for renters. I reworked the quote above to reflect what she told me — what’s crossed out is what she has indicated isn’t available to renters, what’s in italics is available to a degree but with caveats, and her comments are bolded in square brackets:

~~In addition to the units, you’ll also find 80,000 square-feet of shopping as well as a 25,000 square-foot lifestyle center by the name of Club Aqua~~- [this is only for the condominium owners (The Rialto and The Orphion) not for tenants]. There are also two dog runs, washers and dryers in each unit, central heat and air, ~~an indoor pool, billiards hall, library, movie theater, private poker room, exercise classes~~ [just for the owners at the Rialto and The Orphion], stainless steel appliances, the 45,000 square-foot Overlook Park, ~~organic garden spaces~~ [tenants must paid a fee to get a spot], a children’s playground, shuttle transportation to the PATH and ferry stations [just to Grove Train Station every day, and Exchange place during the weekdays], ~~valet service~~ [not anymore], ~~24-hour maintenance~~ [not true], a parking garage [$280.00 a month], and more.

In addition, tenants were on the hook to pay for amenities including the gym and communal areas during the pandemic, which they couldn’t use, for about $85/month. And on top of all that, Rosanna had screenshots and documentation of a long and running history of HVAC/heat complaints, broken elevators, dirty common areas, and the like.

Now, what’s happening at the Beacon is far from the most dire or terrible housing example in the city — I’m sure there’s plenty of buildings where the conditions are so abysmal and the management so awful that the Beacon probably looks like heaven in comparison. But that doesn’t make what’s happening there any more fair. Tenants like Rosanna ought to be able to move into an apartment with her family and trust that while her rent will rise over time, it will do so along with the usual cost of living — and certainly, most people are not getting 25-35% raises that will pick up the cost of these rent spikes. She ought to be able to put down roots in our community, enroll her child in our local schools, and be secure with the idea that she and her family will be able to stay here as long as they want and need to.

For years, many people in Jersey City have seemingly accepted the idea that the poor and working class being priced out was just a side effect of the city developing. But things are changing. Now gentrification and price increases are coming for the middle and upper middle classes. Where is it going to end? When I first moved to JC twenty-five years ago, you could live here on very little money — you could raise a family here and live in a stable home on a working class salary.

If I were to total up the high end of the Beacon rent increase ($3100/month) for a year, and then multiple that by four (because every reasonable financial advisor says you should pay only 25-30% of your income to housing), we’re looking at residents of the Beacon having to earn close to $150k/year just to afford the rent there. Are we okay with this? That means families that earn very good salaries — say, $60k, or $80k, or $100k — are getting pushed out. No longer are just the working class/blue collar workers getting squeezed, or seniors on tight incomes. Now we’re talking about office workers, lawyers, accountants — all kinds of white collar workers who previously got along just fine in this new Jersey City. Now even they’re finding it’s getting impossible to have a family here. Is this the city we want?

The Art House Gallery presents The Affordable Art Show

Art House Productions is having a sale of art and gifts created by local artists, all of which are on sale for under $500. From their press release:

Art House Productions (Executive Director Meredith Burns, Gallery Director Andrea McKenna) is proud to present “The Affordable Art Show,” an annual December event with works priced $500 and under. Curated by Andrea McKenna, the show includes over 150 works of art from 89 artists. Showcasing special pieces with gift-giving in mind, all works are priced to be especially affordable for the holiday season. Works include paintings, small sculptures, handmade gifts, and more! All works will be for sale in the Art House Gallery at The Hendrix at 345 Marin Boulevard, Jersey City, NJ 07302.
The Affordable Art Show will be open starting on JC Fridays, December 2nd from 6:00pm - 9:00pm and then on Saturdays and Sundays December 3rd - December 18th from 12:00pm to 5:00pm. The Gallery will be open Monday December 19th - Thursday, December 22nd from 5:30pm - 8:30pm. There will be a closing holiday party on Friday, December 23rd 6:00pm - 9:00pm.
Art House Productions’ gallery shows are always free and open to the public. Large print for all literature regarding our exhibitions and tactile and descriptive tours are available upon request. Email Andrea McKenna for more information at gallery@arthouseproductions.org.
“Receiving and giving art is a special experience,” says Executive Director Meredith Burns. “It takes thoughtfulness and love. It also supports a local artist during the holiday season. We hope you take advantage of these one-of-a-kind treasures!”
“This year will be the largest show we’ve ever had and the art is so good! I am very excited to showcase all of these talented artists,” says Gallery Director Andrea McKenna.

ICYMI

One of this week’s biggest stories is that State Senator Sandra Cunningham has been hospitalized for over 50 days and is apparently not competent to make her own financial decisions, per NJ Globe. Also, apparently Fulop Chief of Staff John Minella is being readied for the temporary position (with some sort of weird gentleman’s agreement that he won’t actually run for it when the time comes?), or at least that is what is stated in the article that is roundly assumed to have been leaked by John Minella himself.
Speaking of Hudson County politics, Politico ran an absolutely bizarre story that reads as an attempt at sanitizing the scandal that threatens to take down the heir apparent to the Hudson County Executive position. You see, something happened back when Craig Guy was a cop involving cocaine, but he doesn’t want to talk about it, and there are very few details about it publicly available, and also he doesn’t want to talk about a bunch of other things either, including addressing the constant rumor that he doesn’t actually live here. Got it?

Neighborhood Character

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