The Jersey City Council passed two ordinances requiring disclosure, transparency, and accountability in Ratio Utility Billing Systems (RUBS) to prevent landlords from unfairly calculating utility costs for tenants.
By Daniel Ulloa/Hudson County View
Portside Towers Tenant Association activist Mark Boyles endorsed the housing energy ordinance 4.1 that was up for a vote on second reading.
“The problem is the absolute lack of transparency. Tenants have no way to verify if the math is right, if they’re being overcharged,” he explained.
Longtime Heights resident Yvonne Balcer was against it, claiming the city gives a disproportionate amount of aid to tenants compared to property owners.
Specifically, Balcer disliked what she called “buying someone’s vote” by helping tenants versus property owners like herself.
“This is one particular group getting a particular privilege. I want you to go to Trenton and fix my problems!” Balcer exclaimed about energy costs.
More residents who spoke were in favor, such as Meera Jaffrey, who urged the the governing body to pass ordinances 4.1 and 4.3, the latter which makes utility costs counted as part of rent under Code 260.
“ … Why should I bear the energy costs of my neighbor … who may or may not be as energy conservative?” she asked, further stating that the current system was designed for landlords to “shirk their responsibilities.”
“This type of system leaves tenants in the dark of what they are paying for,” she added.
Zack Kourgialis said he was an urban planner concerned with housing costs “in this new Gilded Age of ours.”
“It protects tenants right to transparency and to a fair transaction, which should be respected … Tenants should only pay for the energy that they have used,” he declared, indicating that the local legislation was little more than common sense.
Portside Towers Tenant Association activist Jessica Brann also spoke for passage of the measures, explaining that a tenant in her building found, after a long search, that they were being overcharged by 40 to 60 percent in utility costs.
“This is what the current system depends on: The hope that no one does the math and the certainty that no one will help them if they try. Please vote yes,” she asserted.
Portside Towers Tenants Association East President Kevin Weller exclaimed that “landlords have been caught hiding costs” regularly in Jersey City and that this level of transparency helps everyone involved.
Weller said the ordinance would close a loophole where some landlords might accidentally try to increase utility costs when a unit is rent-controlled.
“There was a landlord in California that just had to pay $40 million for making that mistake … Let’s help landlords in Jersey City avoid that,” he stated.
“If landlords use RUB to bill tenants … tenants should be able to understand how those bills are calculated. It’s not some massive administrative burden,” Portside Towers Tenants Association West President Michelle Hirsch said.
“ … It’s just a matter of adding it to the invoice template once … The RUBS buildings are generally large corporate landlords. It’s certainly not every multi-family property in JC. It’s a commonsense transparency measure, and I urge the Council to support it.”
Ward D Councilman Jake Ephros, who sponsored both ordinances, explained his rationale.
“This is an example of how community members come to us … and we can do something about it. This is just one small step. … We were looking for how to ban this practice entirely from the city, but it appears we would be pre-empted by state law,” Ephros noted.
Nonetheless, he said regulating RUBS was in the best interests of tenants citywide.
“Connecticut ruled RUBS illegal for multi-unit properties … Other municipalities have banned it. We’ll be talking with our allies in the State about what we can do in that regard.”
“I am happy to vote aye for this common sense transparency measure,” Ward E Councilwoman Eleana Little said to applause.
Ward F Councilperson Frank “Educational” Gilmore agreed.
“Any landlords who were operating in an appropriate manner, this doesn’t really affect them. We are looking for proof on what you want someone to pay,” he explained.
“ … It’s basically landlords being lazy: The more we can move forward, the more we can be transparent,” expressed Councilman at-Large Michael Griffin.
“Hopefully this will bring some relief to our tenants here in Jersey City,” said Councilman at-Large Rolando Lavarro.
Council President Denise Ridley congratulated Ephros on having his first ordinance passed before voting yes to applause.
The Jersey City Council approved both related ordinances unanimously (9-0).