The Hoboken Rent Leveling and Stabilization Board voted unanimously (5-0) to reject AvalonBay’s appeal to eliminate rent control at a roughly five-hour meeting last night.
By John Heinis/Hudson County View
The hearing on the matter didn’t start until shortly after 9 p.m. after an unrelated landlord-tenant dispute ran much longer than expected. Nonetheless, the board opted to hear the heavily anticipated case.
In August, five tenants at 800 Madison St. filed suit against their landlord, with the law firm of city’s tenant advocate arguing that rent increases of up to 28.2 percent breached the New Jersey Anti-Eviction Act, as HCV first reported.
“This determination was made by your rent leveling officer, okay, and I will object if you’re going to have the residents here to ask questions, that’s not what was told to us at the last hearing and your rent leveling officer should be here,” argued Jennifer Alexander, counsel for AvalonBay.
Alexander pressed on that point, stating that the rent leveling officer was at the prior hearing and said she should’ve been in attendance to answer questions. She also pushed for the meeting to be adjourned since the RLO was not present.
Board Chair Rafi Cordova, also a 1st Ward council candidate endorsed by Mayor Ravi Bhalla, said they had the opportunity to do that last time, to which Alexander said the hearing was adjourned before they got to that point.
After some back and forth, Cordova said it was up to AvalonBay to compile a witness list and get them to show up.
“All you had to do tonight was bring your witnesses and for us to ask questions of or for your to ask questions of. So if she’s not here, it’s because you did not ask here,” he asserted.
Alexander expectedly disagreed, noting that the current rent leveling officer was not available either.
Board Counsel Ramon Rivera reiterated Cordova’s point and asked the board to move on, eventually leading to Alexander making an opening statement.
“The most important piece of evidence was presented during the last hearing: the 2013 letter from the rent regulation officer confirming Avalon Hoboken’s status as exempt,” she began.
” … First, section 155-19 of the city’s own ordinances spell out that, in addition to it’s own powers, the rent regulation officer maintains all the powers set forth for the board, except the power to promulgate rules and regulations. Consequently, the rent regulation officer’s determination, unless appropriately appealed, is final.”
Further tensions arose between Alexander and Cordova when she declined to let AvalonBay’s witness, Evan Fox – their senior regional director of operations – answer any questions about the due diligence of acquiring the property due to attorney-client privilege.
Fox said they acquired the property in January 2016 and that he was not involved in 2010 when another letter claiming the property was rent control exempt was written – one year after the certificate of occupancy was issued, which would negate the exemption.
“Is he going to answer any questions? You knew the questions we had last time and this is the reason we adjourned because we wanted the answers to these questions,” Cordova explained.
“Now you’re bringing someone who can’t, or who you won’t let answer … this costs money and time for the City of Hoboken. You’re saying you’re being such a great partner to the city: why is this happening?”
Alexander said that those comments were inappropriate, but nonetheless, Fox would answer any questions that weren’t protected by attorney-client privilege.
Fox answered a few questions regarding as to how his team collaborates with other groups at AvalonBay on topics such as assessing risk, budgeting, and acquiring properties, but said little about rent control beyond that he had intimate knowledge of how it works.
In what was a bit of a surprise, Kevin Weller, a tenant advocate for the New Jersey Tenants Organization who has his own battle over in Jersey City, spoke on behalf of the AvalonBay residents.
“The tenants of Hoboken, Union City, Woodbridge, and Jersey City should all benefit from the faithful enforcement of their local ordinances, and they should benefit from the lawful and uniform application of NJ Statutes,” Weller stated.
“Everyone in NJ should enjoy equal treatment under the law as is provided by the 14th Amendment of the United States Constitution. I am here as an advocate for a fair, lawful, and ethical outcome … Possible clerical errors aside, an exemption isn’t born by ‘sending or receiving an email.’ An exemption is only born via strict compliance with the Newly Constructed Multiple Dwelling Statute.”
He further stated that this statute, which has more limitations than not, allows temporary exemptions from rent control to owners of qualifying buildings, “if they file a claim
during a statutorily defined window of time, and if their claim is found to be valid.”
This also must take place at least 30 days prior to the completion of the construction of a multiple dwelling building.
Eventually, Commissioner Jenny LaBenz explained why the board would be taking a vote to reject AvalonBay’s appeal.
“The reason that I made a motion to reject their appeal is that the letter of exemption was not filed in a timely way and it’s clear that timely filing is a requirement of the statute that would grant exemptions.”
The board approved the resolution to reject the appeal unanimously.
Looks like Hoboken could be spending a lot of money to on lawyers defend yet another Bhalla politically motivated decision.
Ravi needed the outcome to bolster his candidate in upcoming election and the Board he appointed delivered it.
Another one of the rich spoiled prep school and Yale grad gangs misrepresentations of a housing crisis
These above income limit tenants and market renters cry and whine
They only look to others to make their life easier by less work days, sitting at home, taxing others, expecting the local municipalities to hand them an easier life – meanwhile they’re out wining and doing at y Hoboken bars toasting with 20 martini s and going to their weekend beach shares
Perhaps if they worked full time they wouldn’t need a reckless rent control board to subsidize their boondoggle and hosing of the Hoboken small landlord
They’re probably protesting against Israel and feeling bad for Hamas too