New Jersey Tenants Organization
389 Main Street, Suite 215
Hackensack, NJ 07601
201-342-3775
201-342-3776 fax
www.njto.org
February 11, 2008
Dear Tenant Friend,
On Thursday, February 14, 2008, the N.J. Senate Community and Urban Affairs Committee is holding a hearing on bill # S-164, sponsored by Senator Anthony Bucco (R-25). The bill is extremely dangerous to all tenants because it gives all landlords a new way to evict tenants that is arbitrary and unreasonable. (The hearing is at 1 pm in the State House Annex in Trenton, in Committee Room 7 on the 2nd floor.)This bill is supposedly about "overcrowding." But the Eviction Law already has three ways to evict a tenant for overcrowding. There's the one about violating a REASONABLE provision on the subject in the lease signed by the tenant. There's another one about violating REASONABLE rules and regulations accepted in writing by the tenant. And there's the violation of any part of the State Maintenance Code (overcrowding is part of the code) that can't be corrected without removing the tenant. So there are three legitimate ways of evicting a tenant for overcrowding.Why, then, is there a need for a
new "cause" for eviction?
Answer -- It gives the landlord a nice easy way of evicting a tenant the landlord doesn't particularly like.
Here's how it would work. At any time the landlord wishes, he gives the tenant a written "rental policy" that specifies the number of allowed occupants. It does NOT require that the tenant agree or sign this policy or that the policy be reasonable. (Rules and Regulations require all of this.) So let's say you and your spouse and two young children live in a two bedroom apartment on the fifth floor of a building, and you're the only one on the lease. For some reason the landlord doesn't like you. Maybe you complained about a leaky roof, maybe you organized a tenants association, or maybe you just looked at him funny. In the middle of your one year lease, he hands you a rental policy that says two bedroom apartments on the fifth floor or higher can have no more than three occupants of any age.But, you say, this is UNREASONABLE. Sorry, doesn't have to be reasonable.
But, you say, you didn't agree to or sign this policy. Sorry, not required.
But, you say, the State Maintenance Code would allow up to 6 occupants in this size apartment because the rooms are large and the living room is considered a sleeping room under state law. -- Doesn't matter.
So, you either get rid of a kid or a spouse, or you're out!
That's what S-164 would do.
This bill should never have been put up for a hearing! It ought to be buried with the hundreds (thousands?) of other horrible bills that never see the light of day!
But, for some reason, it has been scheduled for a committee hearing before the Senate Community and Urban Affairs Committee -- this Thursday -- Valentine's Day.
You should also know that there is a whole other part to this bill that is also terrible. It would allow cities and towns to pass laws that set up extremely large fines for "overcrowding" -- that is, violating whatever "rental policy" the landlord sets up, whenever he sets it up, whether reasonable or not, whether agreed to in writing or not by the tenant. For some reason, these fines would only apply to small buildings of 4 units or less. And there are other crazy exceptions. Don't ask me why. It seems to me that overcrowding is overcrowding, no matter what size the building. Guess the large landlords just didn't want to take any chances (but they still get the new cause for eviction to get rid of tenants they don't like.)These large fines, from $2,500 to $10,000, are to be charged to either the landlord or the tenant, whichever one is considered to be the cause of the overcrowding. But the definition of when a landlord is at fault is only when he has expressly agreed to allow the number of occupants in question. Of course, any landlord with a brain will say " I had no idea." And the low income tenant will be the one fined. Even in the unlikely circumstance that the landlord is held responsible, there is a loophole that gets him out of the fine. No landlord will ever be fined by this law -- only tenants. And it is greedy landlords who are the ones profiting from real overcrowding situations by charging extraordinary rents to be paid by the many tenants who (somehow) the landlord has never been aware of.This bill is horrible from beginning to end. It never deals with real problems of safety and noise issues that sometimes accompany real overcrowding. And it never deals with the cause of most real overcrowding -- the critical lack of affordable housing in our state.Please look to the right column on this page and get busy with emails, phones and/or a trip to Trenton. Active tenants can make a difference!
Sincerely yours,
Matt Shapiro
President
New Jersey Tenants Organization
For your information: Here are the five members of the Committee that helped with this bill:
Senator Ronald Rice (D-28), Chair
Phone: 973-371-5665
Fax: 973-371-6738
email: SenRice@njleg.org
Senator Dana Redd (D-5), Vice Chair
New - No phone or fax yet
email: SenRedd@njleg.org
Senator Christopher Connors (R-9)
Phone: 609-693-6700
Fax: 609-693-2469
email: SenConnors@njleg.org
Senator Philip Haines (R-8)
New - No phone or fax yet
email: SenHaines@njleg.org
Senator Jeff Van Drew (D-1)
Phone: 609-465-0700
Fax: 609-465-4578
email: SenVanDrew@njleg.org
Senator Philip Haines
Phone 856-234-8080
WHAT HAPPENED?
On Feb. 13, 2008, Tenants were asked to make calls and emails.
Letters went out such as this:
Dear Senator:
I am writing to ask you to oppose Senate Bill 164. The bill is an attempt to stop over-crowding, yet overcrowding is already covered through the State Maintenance Code. So S-164 is redundant and unnecessary.
At a time in our economy when rental housing is so important in the prevention of homelessness, S-164 will increase homelessness. It will deny tenants their constitutional rights. Due process in evictions will be destroyed by S-164 because it allows evictions without cause. Please do not allow S-164 to be on the Community and Urban Affairs Committee agenda, and certainly, it should NOT be released from committee. Please help prevent homelessness and help tenants maintain their rights by opposing S-164.
Your Name
Address
e-mail
Some tenants went to Trenton. Unfortunately, the bill is moving forward.
Stop Landlord Bill to Evict Tenants!
Dangerous Bill Would Give Landlords a New Arbitrary Method of Evicting Tenants -- A landlord's dream and a tenant's nightmare!
