Thanks for Landlord-Tenant Session

Thanks to Maria Pellum for setting up a workshop on landlord-tenant rights and responsibilities Thursday (Feb. 28, 2008) at the YMCA.

It was a surprise to see Scotch Plains attorney Robert Kraus appearing to answer questions. Mr. Kraus is well-known to many Plainfielders for the cases he has represented over many years.

The turn-out was small and Mr. Kraus indicated he might be preaching to the choir, as attendees already seemed to be well aware of the rules.

But overall, the discussion was informative and was much appreciated by those who turned out.

As Mr. Kraus pointed out, booklets on tenant/landlord rights and responsibilities are available from the state. They are supposed to be provided by landlords to tenants, but most often are not.

Among the issues discussed Thursday were the tenant's right to know where security deposits are banked, heat regulations, remedies for needed repairs, posting of state-mandated registration notices, causes for evictions and rationales for rent increases.

The workshop was the first of several promised by the Crescent Area Neighborhood Association.

Plainfield once had 100 or more block associations to help neighbors band together for action on local issues and each historic district is supposed to have an association to do the same. But recently, modern demands on residents' time and other concerns have seemingly caused citizen involvement to dwindle.

It is never too late to take an interest in local issues, whether they be the rights of the city's 7,500 tenant households or the 7,500 homeowners' households. All of us end up paying to support the city.

Efforts such as this deserve credit. Maybe the next time, more residents will take advantage of the opportunity to get free advice from an attorney knowledgeable on issues that affect half our city's population.

--Bernice Paglia

Tenants, Know Your Rights

Mayoral candidate James Pivnichny correctly notes that the incumbent mayor's promise to intercede for Connolly tenants on security deposits has no legal weight.

It might have been more appropriate for the mayor to point tenants to New Jersey's landlord-tenant laws, which are online as well as in print and clearly define courses of action in situations such as not getting a security deposit back. Click here for the chapter on security deposits.

I myself have had to refer to landlord-tenant laws to avoid exploitation. For example, when the building changed hands, the former landlord sent me a notice indicating he had turned over my security deposit to the new landlord. What should have happened next was that the new landlord would send me a letter telling me where the money was banked, as it was still my money. This did not happen. Eventually, I deducted it from the rent, noting the state law that provides for such action when the landlord fails to inform the tenant which bank is holding the money in an interest-bearing account.

A landlord has 30 days to return a security deposit when a tenant moves out, and is liable to pay double the amount if this does not occur. Refer to the link above for more details.

Tenants must arm themselves with the facts on their rights. Landlords are supposed to give each new tenant a copy of the state booklet on tenant-landlord rights and responsibilities, but I have always had to get my own copy. (Update: Connolly Properties states on its web site that all tenants are given a copy of Truth in Renting and also provides a link to the online information.)

Curiously, Assemblyman Jerry Green, the mayor's mentor, knows all about the booklet, because he sponsored legislation regarding its distribution at state expense. The mayor is a former paralegal and must know that knowledge of the law is the tenant's best resource, more so than relying on an elected official to resolve individual cases.

The late attorney Robert Kraus once held a pro bono session at the YMCA on tenants' rights, but only two tenants showed up. In retrospect, the need was great, but for some reason tenants did not take advantage of the opportunity. Now that the Connolly issue has put a spotlight on the rights and responsibilities of tenants and landlords, distributing those booklets would be a great service. They are available in English and Spanish.

Barring that, the discussion at these City Hall meetings should be about the letter of the law, not about relying on the intercession of a person running for re-election. These problems have been festering all during the current administration's tenure. The cure now is knowledge, not promises.

--Bernice Paglia