The Jersey City Council discussed three rent protections ordinances all introduced by Ward E Councilman James Solomon and up for first reading during their caucus meeting yesterday ahead of tomorrow’s regular session.
By Daniel Ulloa/Hudson County View
“One of the ideas was to mandate in leases that landlords affirmatively disclose that they’re not using the software,” Solomon, a candidate for mayor, noted. He continued that if they claim they are not using them when they actually are, then it’s consumer fraud.
“We believe what we’re doing here is simply clarifying the pre-existing rule that says if landlords don’t properly follow a number of disclosure rules, as well as other rules i.n 260, then they’re not entitled to rental increases,” he explained about ordinance 3.5.
The downtown councilman also explained why he is introducing ordinance 3.6.
“We are entitled by law to establish a mandatory minimum fine of $100. A bunch of fines have been issued, and they all get thrown away. So, this would set a mandatory minimum of $100 if found to be valid. We believe this is a disincentive of bad actors….,” Solomon noted.
Solomon announced he would be introducing the three pieces of local legislation prior to the caucus meeting on Monday, as HCV first reported.
“If this is in the courts, I don’t understand,” interjected Council President Joyce Watterman, another mayoral candidate.
“We don’t want the prosecutors throwing it out,” Solomon replied.
“Do we know that they’re doing that? That they’re throwing it out?” questioned Councilman-at-Large Daniel Rivera.
“… A lot of times the cases do get rolled up so the violations do get dismissed … It doesn’t eliminate all that but it does set a minimum … It can’t just be no money,” replied Solomon.
“It’s nothing,” Watterman answered.
“I know but we literally can’t go more than that. That’s the most we can do. I wish we could do more,” Solomon noted.
Ward D Councilman Yousef Saleh posed possibly fining landlords $100 per tenant.
“Per infraction?” Ward F Councilman Frank “Educational” Gilmore asked.
“That’s what it calls for in the proposed ordinance,” Saleh replied.
Assistant Business Administrator Peter Horton sought to provide further clarity.
“It’s also a $100 at minimum they’re looking at. They could go up to $2,000. That discretion is up to the prosecutor, the judge: It can be a lot more than that.”
“But they [are] throwing it out now. What is going to prevent them from doing this?” Watterman questioned.
“I would push back on saying items are thrown out. When there’s a bunch of tickets written, they have attorneys. There could be plea agreements. I don’t know the specifics off hand …,” stated Acting Corporation Counsel Brittany Murray.
She said they could meet with the prosecutor if they were seeking further information.
“Yes! Let’s have a meeting with the prosecutor, because this makes no sense,” Watterman exclaimed.
“… There have been several violations … Plea agreements, if they plea to this, they’ll throw the remainder out … But it’s not enough to deter the behavior,” Gilmore argued.
Watterman again called for a meeting with the prosecutor to try and make head way on this topic. She later said Office of Landlord/Tenant Relations Director Shyrone Richardson was not informed of the proposed ordinance.
“He wants to know how this will affect his department, he just texted me,” she claimed.
Solomon then said his office sent a memo on ordinance 3.6 to his office.
“That could be a violation his office can find. We can get him a memo in the next 24 hours on 3.4 and 3.5,” he added.
“I think his office, somehow or another, we’re going to have to increase his enforcement, his staff. We been changing ordinances, especially when it comes to tenants and landlords. The problem is the enforcement. I think we’re writing good legislation. It’s just that we have no enforcement. Until that department gets reinforced … it has no teeth to it,” Watterman asserted.
She added that she felt the office could be more effective with just two more staffers.
“It pays for itself: We can’t move any further without this enforcement. People are hurting throughout the city when it comes to tenant and landlord.”
The Portside Towers Tenant Association, who has a $400 million federal lawsuit pending against their landlord, Equity Residential, has given their seal of approval on all three ordinances.
The Jersey City Council will convene for their regular session tomorrow at 6 p.m. at City Hall, 280 Grove St., and the public session will also stream live on Microsoft Teams.
