The Jordan in Hoboken is still not willing to accept their rent control designation, refiling their lawsuit in Hudson County Superior Court just eight days after a federal judge dismissed their case.
By John Heinis/Hudson County View
The two-count lawsuit, filed on Wednesday, came about 24 hours after Mayor Ravi Bhalla and 5th Ward Councilman Phil Cohen celebrated the case being dismissed in federal court, as HCV first reported.
Represented by Connell Foley Partner Richard P, DeAngelis, Jr., LPF 1200 Clinton Equity LLC contends that they have had a rent control exemption since they opened in October 2016. They argue that the rent leveling and stabilization board cannot change this.
“The Board’s actions and the Resolution stripping The Jordan of its exemption under the Rent Control Exemption law is contrary to law because the decision was arbitrary, capricious and unreasonable as:
“a. The Jordan met the only condition precedent to obtaining the exemption under the New Jersey Rent Control Exemption Law;
b. The Board may not limit or impair the Exemption that was properly claimed under the New Jersey rent Control Exemption Law; and
c. The Resolution stripping The Jordan’s exemption is preempted by the Rent Control Exemption Law.”
Furthermore, while the board’s September 13th, 2023 decision cites the Hoboken Rent Control Ordinance, Clinton Equity asserts that there is no remedy or penalty in the event that an exempted building did not provide sufficient notice to tenants.
The lawsuit also pointed out that a dozen residents at the 159-unit apartment building submitted legal rent requests to the Hoboken rent regulation officer in April 2023, which resulted in a June 22nd, 2023 letter that said The Jordan is exempt from rent control.
They are seeking a declaratory judgement declaring they are exempt from rent control, can charge market rents, nullifying the rent control board’s decision, and ruling that the rent control officer cannot provide legal rent calculations for tenants of The Jordan.
City spokeswoman Marilyn Baer did not return an email seeking comment, but the city does not typically comment on pending litigation.