Hoboken council approves measure mandating disclosures for rent hikes over 10%

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The Hoboken City Council unanimously approved (8-0) an ordinance up for second reading mandating that landlords charging tenants a 10 percent or more rent increase to inform them of their rights at last night’s meeting.

Screenshot via YouTube.

By Daniel Ulloa/Hudson County View

“We all agree the rents are too damn high in Hoboken,” began Councilman-at-Large Joe Quintero, who co-sponsored the measure with 5th Ward Councilman Phil Cohen and Councilwoman-at-Large Emily Jabbour, declared.

“ … They’re built less than 30 years ago and so the landlords there have more leeway to go up to market rate if they want to,” he said regarding buildings that are exempt from local rent control rules.

Quintero further stated that there is a state law prohibiting “unconscionable levels” of rent increases, but the term is undefined.

He also mentioned that the city feared a lawsuit from developers and lobbyists who threatened them if they tried to define unconscionable rent hikes, which is largely why such an ordinance was voted down in December, as HCV first reported.

“This really seeks to give the power to residents, the tenants in those units not covered by rent control,” Quintero added.

Quintero said that landlords increasing rent would have to disclose an itemized breakdown of the costs associated with the increase, disclosing if a rent algorithm was used, informing them of their rights to take legal action, and providing contact info for the city’s housing division and tenant advocate.

“This Council considered an ordinance that stated that rent increases in excess of 10 percent would be inherently unconscionable. We didn’t pass that,” Cohen recalled.

He also noted the rent increases due to algorithm collusion are so prevalent they asked Trenton to address it.

“It’s not the solution some of us wanted … This is the next best thing to do to give tenants additional information if landlords proceed with these extremely high rental hikes,” he added.

1st Ward Councilman Paul Presinzano noted he liked it as an alternative to the initial ordinance, but was still curious about the logistics of enforcement.

“This is for existing tenants only,” Quintero noted, indicating that this would provide a standard form to be created that landlords can use.

“The housing office, at this point, is not involved at all. They’re not stepping in to enforce anything at this point.”

Presinzano said that while well intentioned, he wasn’t sure if this would be practical.

“How the heck are we gonna get every landlord to learn about this? We can barely get anybody to sign up for rent control,” he questioned.

Quintero replied that the city periodically mails notices and requirements to property owners.

“To add this into that, I don’t think is a tall order … We’re not forcing the Housing Office to do compliance checks,” he declared.

2nd Ward Councilwoman Tiffanie Fisher wanted to know what would happen if a tenant didn’t get a form informing them of their rights.

“Would they go to the rent office and file a complaint? she asked, to which Quintero said they would.

“ … It’s just giving tenants more information. We’ve seen ridiculous rent increases, especially in buildings that are not under rent control … There’s a lot of good in this,” Fisher said, asserting that the largest landlords are some of the biggest offenders.

Presinzano still said he’d prefer for a short delay for implementation, to which Council President Jim Doyle said there’s already a 20-day delay built into the ordinance. Still, the downtown councilman didn’t think that was enough time.

“ … Would that be a significant change to require going back to first reading?” Quintero asked Corporation Counsel Brian Aloia.

“No. It would have to go back to first [reading],” Corporation Counsel Brian Aloia answered.

“I love this idea … I think the timing is always an issue, whether we give it 20 days, 50 days, 100 days,” 3rd Ward Councilman Mike Russo declared.

“You’re never going to have enough time to inform everybody,” he later said as Presinzano continued to raise concerns.

“… Perfection doesn’t need to be the enemy of the good,” Doyle chimed in.

The council approved the measure 8-0, with Quintero expressing enthusiasm that it did in a statement today.

“As housing affordability continues to be a major concern for our residents, this ordinance ensures greater transparency and provides tenants with the information they need to make informed decisions about their homes,” he noted.

“While we recognize that landlords may need to raise rents due to rising costs, tenants deserve to understand why their rent is increasing and what their rights are.”

He also pointed out that landlords who fail to provide the required disclosures may face fines of up to $1,000 per incident.

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