Do Renters Know Their Rights?
Tenants in New Jersey have many rights, but not all know how to assert them when landlords try to dodge their responsibilities. The state Department of Community Affairs publishes a booklet called "Truth in Renting," which is a guide to the rights and responsibilites of both tenants and landlords. According to the Connolly Properties web site, each tenant is given a copy of the booklet at the time of signing a lease.
Not too long ago, Maria Pellum arranged to have a workshop at the YMCA on tenant rights. Despite the fact that hundreds of renters live within steps of the YMCA, only two people showed up, both of whom could practically recite the state and municipal laws on tenant-landlord relations. Click here for the blog post on the meeting.
Now that the state of rental property in Plainfield is in the news, one wonders why it took so long. It may be that some of the problems have been so frustrating that tenants just gave up. For example, one remedy to failure of a landlord to fix things is called "repair and deduct." That might work for smaller things like a broken window, but the average tenant can't afford to call in a roofer to repair a chronic leak or a mason to repair crumbling front steps.
A landlord is supposed to furnish a stove and refrigerator, but not all do so. A renter may be desperate or unknowing enough to just go ahead and get their own or worse yet, acquire appliances from a "rent-to-own" place.
When a building is sold, the tenant's existing lease remains in place until it runs out. Any security deposits held in special accounts by the previous owner must be put in new accounts and disclosed to the tenant, because under the law it is the tenant's money, not the landlord's. Failure to do so means the tenant can cite the statute and apply the amount to rent payments.
There is an assumption that a renter who takes a complaint to the city will get help, but it is always best to know both the law and to understand the complicated complaint process, which involves a preliminary inspection to verify the complaint, notice to the owner with time allowed to fix the problem, re-inspection after a time and follow-up with fines and penalties if the problem is not fixed. Complaints can be made anonymously by calling (908) 753-3386.
State inspections are supposed to occur every five years, but furnaces are supposed to have annual inspections. Landlords of multi-family buildings are supposed to register with the state and post a registration document that discloses the owner's identity and gives emergency numbers. Each tenant is supposed to get a copy of the registration document as well.
The Truth in Renting booklet is online here. Copies may be ordered at $2, in English or Spanish.
The hard part is sticking up for one's rights, especially if a landlord resorts to bullying. It may require letters or phone calls, which take time and perseverance. Some issues may require taking a landlord to court.
There is no "lemon landlord" bill and unfortunately renters find it easier to move and take their chances elsewhere than to confront a bad landlord. But sometimes it must be done, for the sake of justice, if nothing else. Handing over hundreds of dollars each month and suffering lack of heat, vermin, leaks, mold or other hazards is just not fair. It demoralizes the householder who has done his or her part by paying the rent and then has to see the family. including children or elders, deprived of vital shelter needs.
Tonight's meeting at City Hall will show us whether Connolly tenants are serious about demanding their rights. The owner perceives the issue as being a handful of malcontents or perhaps just media sensation. But a good outcome for tenants of the largest multi-family owner could put all other landlords on notice that Plainfield will not tolerate disregard of renters' rights.
Renters make up half the households in Plainfield and nearly all the projects approved recently by land use boards are for rental units - reason enough to set things straight now with landlords.
--Bernice Paglia
Not too long ago, Maria Pellum arranged to have a workshop at the YMCA on tenant rights. Despite the fact that hundreds of renters live within steps of the YMCA, only two people showed up, both of whom could practically recite the state and municipal laws on tenant-landlord relations. Click here for the blog post on the meeting.
Now that the state of rental property in Plainfield is in the news, one wonders why it took so long. It may be that some of the problems have been so frustrating that tenants just gave up. For example, one remedy to failure of a landlord to fix things is called "repair and deduct." That might work for smaller things like a broken window, but the average tenant can't afford to call in a roofer to repair a chronic leak or a mason to repair crumbling front steps.
A landlord is supposed to furnish a stove and refrigerator, but not all do so. A renter may be desperate or unknowing enough to just go ahead and get their own or worse yet, acquire appliances from a "rent-to-own" place.
When a building is sold, the tenant's existing lease remains in place until it runs out. Any security deposits held in special accounts by the previous owner must be put in new accounts and disclosed to the tenant, because under the law it is the tenant's money, not the landlord's. Failure to do so means the tenant can cite the statute and apply the amount to rent payments.
There is an assumption that a renter who takes a complaint to the city will get help, but it is always best to know both the law and to understand the complicated complaint process, which involves a preliminary inspection to verify the complaint, notice to the owner with time allowed to fix the problem, re-inspection after a time and follow-up with fines and penalties if the problem is not fixed. Complaints can be made anonymously by calling (908) 753-3386.
State inspections are supposed to occur every five years, but furnaces are supposed to have annual inspections. Landlords of multi-family buildings are supposed to register with the state and post a registration document that discloses the owner's identity and gives emergency numbers. Each tenant is supposed to get a copy of the registration document as well.
The Truth in Renting booklet is online here. Copies may be ordered at $2, in English or Spanish.
The hard part is sticking up for one's rights, especially if a landlord resorts to bullying. It may require letters or phone calls, which take time and perseverance. Some issues may require taking a landlord to court.
There is no "lemon landlord" bill and unfortunately renters find it easier to move and take their chances elsewhere than to confront a bad landlord. But sometimes it must be done, for the sake of justice, if nothing else. Handing over hundreds of dollars each month and suffering lack of heat, vermin, leaks, mold or other hazards is just not fair. It demoralizes the householder who has done his or her part by paying the rent and then has to see the family. including children or elders, deprived of vital shelter needs.
Tonight's meeting at City Hall will show us whether Connolly tenants are serious about demanding their rights. The owner perceives the issue as being a handful of malcontents or perhaps just media sensation. But a good outcome for tenants of the largest multi-family owner could put all other landlords on notice that Plainfield will not tolerate disregard of renters' rights.
Renters make up half the households in Plainfield and nearly all the projects approved recently by land use boards are for rental units - reason enough to set things straight now with landlords.
--Bernice Paglia
posted by Bernice at 2:15 AM
6 Comments:
Maybe Connolly will put a float in the Fourth of July Parade ??
In the CN story one renter mentioned paying $35 a month for her parking space (on top of her rent).
When did that start? Is that a Plainfield thing?
On sewerage?
The behavior of COnnolly is unacceptable, but did anyone notice some of the pictures in the Courier News....the tenant is pointing at a closet door that was off the hinges...I don't know about anyone else, but I think I would have taken the responsibility for fixing it myself.....the landlord has responsibility and should be held accountable, but where is the responsibility of the tenant...(the bathroom needed some cleaning...no wonder they had mold)...
To Hughes ap Williams, apparently it is a Connolly thing. So is a $250 deposit and $25 per month charge for having a pet.
Parking and pet fees are very common in rentals. However, if parking was provided when they were built and is required by code, why are they getting away with charging extra money for it. This is not Jersey City where parking is a premium. Drive past their properties on West 7th and see how many cars are on the street, creating a hazzard for all that drive by, not to mention that they are usually parked on the lawn to get out of traffics way. This has to be frustrating to the Tenants when they see the empty parking lots where their cars should be. If they are concerned about junk cars (an excuse of a lazy landlord) they can issue parking permits to the Tenants to control it. Cars that are abandoned are simply tagged and towed. Pet fees allow for pet friendly rentals (a boon in NJ's rental market) The security fee helps protect the Landlord from the pet "damages" that can arise.
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