Finally, Something Good for Tenants!

Dear Tenant Friends,                                                                                     Nov. 11, 2011

Our bill, S-2018, sponsored by Senator Brian Stack, is going to get a hearing.
The bill would give tenants the right to legal fees when the tenant wins in court, if there’s a clause in the lease giving the landlord the same right.  And most leases today do have these clauses giving landlords legal fees.

As far as we are concerned, what’s good for the goose is good for the gander.  If landlords can get their legal fees from tenants when they win in court, why shouldn’t tenants have the same right?

This bill is just about basic fairness.

The hearing will be held on Thursday, November 15th at 11 A.M. in Committee Room 1 on the first floor of the State House Annex in Trenton.

If you have a few minutes to make a call to the committee members listed below that would be wonderful.  Senator Stack should just be thanked for sponsoring the bill, and the others should be asked to not only vote for it, but to sign on as co-sponsors.

Senate Community and Urban Affairs Committee:

Senator Jeff Van Drew, Chair           609-465-0700          SenVanDrew@njleg.org
Senator Ronald L. Rice, Vice-Chair  973-371-5665          SenRice@njleg.org
Senator Christopher J. Connors       609-693-6700          SenConnors@njleg.org
Senator Brian P. Stack                     201-721-5263          SenStack@njleg.org
Senator Samuel D. Thompson         732-607-7580          SenThompson@njleg.org

Sincerely yours,

Matt Shapiro
President

PAST UPDATES:
As of 3/19/2013 later in the day:
Everyone:

A-3851/S-2018 is on the voting list for Thursday's Assembly session!  Just happened a few minutes ago.

No need to keep calling the Speaker.  She heard you!!

But please, please keep calling all Assembly members to VOTE YES!! 

Call tonight.  Call tomorrow and tomorrow night. 

Please vote YES on A-3851, the fairness bill that gives tenants legal fees when they win in court, if the landlord has the same right in the lease.  And please, no amendments to distract, delay, or derail this important bill.

Matt Shapiro

As of 3/24/2013

Senate voted 31-3 to pass the Legal Fee bill S-2018
The Assembly version, A-3851, still not posted
Dear Tenant Friend,

We got an overwhelming bi-partisan vote for S-2018 in the Senate yesterday.  The bill would give successful tenants the right to collect legal fees, if the landlord reserves the same right in the lease (which just about all of them do), .  The absolute fairness of this bill (and all of your calls & emails) convinced 11 Republicans and 21 Democrats (over 3/4 of the Senate) to vote YES!

But, and this is a big BUT, the Assembly version, A-3851, has not been posted for a vote in the Assembly voting session this Thursday.

Please call Assembly Speaker Oliver's office and ask her to post A-3851 for Thursday's Assembly session, and to give it her full support, without any amendments to weaken or delay it.

Assembly Speaker Sheila Oliver 973-395-1166 AswOliver@njleg.org

Please also call as many Assembly Members as you can and ask them to:

• Urge the Speaker to post A-3851 for Thursday and support it with NO amendments to weaken or delay it

• Co-sponsor and vote for and speak for A-3851. 

If landlords can get legal fees from tenants, then successful tenants should get them from landlords.  Fair is fair!

There are two Assembly members from each of the 40 Legislative Districts.

Their names and phone numbers can be found alphabetically at: http://www.njleg.state.nj.us/members/abcroster.asp

They are listed by legislative district at: http://www.njleg.state.nj.us/members/roster.asp

If you can't make a lot of phone calls, please at least call your own two Assembly members.

They can be looked up by municipality at:  http://www.njleg.state.nj.us/districts/municipalities.asp

My best information is that today is the last day for adding items to Thursday's agenda.  Such decisions are sometimes made very late into the day or early evening.

Please continue calling individual Assemblyman and Assemblywomen through tomorrow (Wednesday) and tomorrow night leaving messages to support A-3851.

I know this is a lot to ask, but I have to ask.

Thank you for your activism on behalf of the legitimate rights of tenants.

Matt Shapiro
President
New Jersey Tenants Organization


As of 3/10/2013

Finally, our legal fee bill S-2018 for tenants is up for a hearing (again)
BUT
Also the dangerous S-489, the "over-crowding" bill that we have fought many times before.

Dear Tenant Friend,

Our bill, S-2018, sponsored by State Senator Brian Stack, is finally scheduled for a hearing (again).

The bill would give tenants the right to legal fees when the tenant wins in court, if there’s a clause in the lease giving the landlord the same right.  And most leases today do have these clauses giving landlords legal fees.

As far as we are concerned, what’s good for the goose is good for the gander.  If landlords can get their legal fees from tenants when they win in court, why shouldn’t tenants have the same right?

This bill is just about basic fairness.

There is no valid reason why the landlord should have this unfair advantage, and be able to frighten tenants into not even defending themselves and making settlements they would not otherwise make (for fear of both eviction and legal fees).

It's time to level the playing field!

The hearing will be held on Monday, March 4th at 11 A.M. in Committee Room 1 on the first floor of the State House Annex in Trenton.

Please take a few minutes to make a call to the committee members listed below.  Senator Stack should just be thanked for sponsoring the bill, and the others should be asked to not only vote for it, but to sign on as co-sponsors.

Senate Community and Urban Affairs Committee
:
Senator Jeff Van Drew, Chair           609-465-0700          SenVanDrew@njleg.org
Senator Ronald L. Rice, Vice-Chair  973-371-5665          SenRice@njleg.org
Senator Christopher J. Connors       609-693-6700          SenConnors@njleg.org
Senator Brian P. Stack                     201-721-5263          SenStack@njleg.org
Senator Samuel D. Thompson         732-607-7580          SenThompson@njleg.org


While you have them on the phone, please ask them to vote NO on S-489, Senator Anthony Bucco's bill that is supposedly about "overcrowding," but is really about undermining the eviction rights of all tenants.  In fact, ask them to remove the bill from the Committee Agenda altogether.  The worst part of this bill is that it creates a new "cause" for eviction that is completely unreasonable and could easily be used to retaliate against tenants the landlord does not like.

This new unjust cause that would be added to the Just Cause for Eviction Law would allow a landlord to create a new policy with regard to the maximum number of people who can live in an apartment. 

This policy, unlike lease clauses or rules and regulations, does NOT have to be REASONABLE.

This policy, unlike lease clauses or rules and regulations, does NOT have to be given to the tenant at the beginning of the tenancy.  It can just be handed to the tenant at any time during the tenancy.

This policy, unlike lease clauses or rules and regulations, does NOT have to be agreed to (signed) by the tenant.

It really is critical that you make the calls FOR S-2018 and AGAINST S-489!

Let's say you're a tenant leader.  You and your spouse and 5 year old child live in a two bedroom apartment on the fifth floor, and there's only one two bedroom apartment on each floor.  The landlord doesn't particularly like you.  After all, you're a tenant leader.  So he gives out his new maximum occupancy policy, which states that there can be no more than two occupants in all two bedroom apartments on the fifth floor.

Not reasonable, you say.  Too bad.  S-489 says the landlord's new policy does not have to be reasonable.

I didn't agree to this.  Tough luck.  S-489 says it doesn't matter what you agreed to.

But he should have told me about this before I signed my lease, not after I've lived here for six months.  Same deal.  S-489 says the landlord can do this any time he wants.  (And he'll probably sue you for legal fees in addition to evicting you.)

It really is critical that you make the calls FOR S-2018 and AGAINST S-489!

By the way, there already are THREE legitimate causes that can be used to evict a tenant for overcrowding -- violating a reasonable lease clause; violating a reasonable rule or regulation agreed to at the beginning of the tenancy; violating the state maintenance code regulations on maximum occupancy.  There is absolutely no reason for an unreasonable fourth cause that let's the landlord do whatever he wants!

Please make your calls today, tomorrow, Thursday and Friday.  Try to speak to the highest level person you can -- a legislative aide, chief of staff, or the Senator himself.  And if there's any way you can come to Trenton Monday morning, please do, and let me know you're coming.

Thank you in advance for standing up for the rights of all tenants in New Jersey!

Matt Shapiro
President
New Jersey Tenants Organization

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Dear Tenant Friends,                                                                                  Nov. 17, 2012

We have been informed the bill has been re-sheduled for a hearing on Monday, Dec. 10 in the Senate Community and Urban Affairs Committee, and that contacting the committee members closer to that date is very important if we want the bill to make it out of the committee and go to the full Senate.

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Update as of 11/14/2012

Back to Same Old, Same Old
No Hearing for Legal Fee Bill

Dear Tenant Friends,                                                                                 Nov. 14,2012

Our bill, S-2018, sponsored by Senator Brian Stack, WAS going to get a hearing, but it has been removed from tomorrow's agenda for the Senate Community and Urban Affairs Committee.

The bill would give tenants the right to legal fees when the tenant wins in court, if there’s a clause in the lease giving the landlord the same right.  We can only assume that the landlords did their back room "dealing" to get the bill taken off the agenda.

So, if you were planning on coming down to Trenton tomorrow, please don't waste your time.  We'll let you know if and when the bill is re-scheduled for a hearing.

You might want to reach out to Senator Van Drew, the chair of the Committee, and ask why he pulled the bill off the agenda.  If you get an answer, please let us know.


Senator Jeff Van Drew, Chair           609-465-0700          SenVanDrew@njleg.org

We only found out by a last minute check of the agenda, done by one member of this distribution list, which showed that the bill was "deleted" from the agenda.  We were not otherwise informed.

Matt Shapiro
President


96 Linwood Plaza #233
Fort Lee, NJ 07024
Telephone: (201) 342-3775 
Fax: (201) 342-3776
email: Info(at)njto.org 
website: www.njto.org
NJTO Update on Legislative Actions:

Below in reverse chronology is an update on our struggle to get tenants the same treatment as landlords in regard to payment of legal fees.  S-2018 would make it possible for the tenant to collect legal fees against the landlord if the tenant wins in a court case against the landlord.  Please read the updates below.