Rent Control Advocates Want Issue on the Ballot
Residents are trying to put the issue on the ballot but have encountered difficulties.
After the City Council passed a renewed rent control law this winter, a group of longtime Hoboken residents have been organizing a petition drive to put the issue on the ballot in a public referendum. But—after getting more than a total of 3,000 signatures—the Hoboken City Clerk disqualified more than 30 percent of the signatures, causing the tenant advocates and the city to go to court.
The tenant advocates are of the position that too many names were thrown out. As a result they didn't have enough signatures to get the issue on the ballot.
Currently Hoboken's tenant advocates are finishing up an initiative to try and prove their case, going through all the petitions that were found to be insufficient. This process has to be completed before August 9th if they go back to court.
"We would like them to either repeal it or put it on the ballot," said tenant advocate Cheryl Fallick, who has lived in Hoboken since 1983.
The advocates don't agree with the recently passed renewed law, and want the residents of Hoboken to decide whether or not this law should pass.
Under the new ordinance—which hadn’t been updated since 1985 and was originally drafted in 1973—tenants will have a two-year window to claim any over-charge or excess rent, and they can only collect two years. Before, there was no statute of limitations. Tenant advocates say that period of repose is too short.
Another problem, activists have said at previous council meetings, is that the new ordinance puts a lot of power in the rent leveling board, enabling them to “circumvent the law.”
Fallick serves on that board, which currently has a vacant spot.
One of the reasons why the city council passed the ordinance, is because it will reduce the amount of law suits against the city.
Over the last weeks, tenant advocates gathered thousands of signatures, of which about 33 percent was thrown out due to either illegibility, missing facts, or other errors, Fallick said.
But, Fallick and her fellow advocates say, that is an unusual high percentage of signatures to be thrown out.
Among the hundreds of names that were ruled illegible or incomplete, was the one of Stan Grossbard, the mayor's husband, said Fallick.
"Frankly," Fallick said, "we’re pros at this." She added that more than 30 percent is an unusual high number to be thrown out. As a response the tenants took the city of Hoboken to court, with the help of Appleseed NJ.
It's unclear what will happen next. It's likely that the residents and the city will have to go back to court. The city's law department was not able to provide any information before publication of this article.
The tenant advocates would like to see the issue on the ballot as soon as possible, meaning this coming November. Another issue Hoboken residents may vote on at that time, is whether or not municipal elections should be moved to November. A petition drive for that issue is also currently going on.
Hoboken1653
9:26 am on Tuesday, August 2, 2011
SO the city clerk rejected 30% of the signatures? Can't wait to see how many get rejected from Pupie's November election petition. I'm guessing 0-1%.
HobokenOwl
10:50 am on Tuesday, August 2, 2011
The Rent Control Advocates are a blight on this town. And I feel that this is pure greed on their part. 2 years is plenty long for a statute of limitations on damages. I wish these rent control fools would advocate themselves RIGHT OUT OF TOWN. Losers.
Redrider765
6:46 pm on Tuesday, August 2, 2011
Reposting this since it is 100% accurate. What do you expect w/ someone w/ a degree in communism, aka labor studies.
What, you have a problem w/ being called a communist? How about socialist? Would you prefer I call you that? You certainly don't believe in the free market or property rights. And considering your attempts to censor me by flagging my posts, you don't at all believe in freedom of expression.
HobokenOwl
7:04 pm on Tuesday, August 2, 2011
I think you meant that socialist crap for Indiecom & not me!
Redrider765
8:12 pm on Tuesday, August 2, 2011
Yes, meant for the rent control queen and not for a free-marketeer.
franksinatra
1:19 pm on Tuesday, August 2, 2011
instead of modifying rent control we should be getting rid of it. it's outrageous that the city has a law that takes away people's basic rights--the right of a person to charge what he sees fit for his own property. hoboken is one of the few places in the country that has rent control--mostly just a few towns in the NY area and around San Francisco--and it's about time we started respecting private property like most of the country.
KenOn10
3:47 pm on Tuesday, August 2, 2011
One look at the glossy mailer from the "Mile Square Taxpayers" was enough for me to deduce their investment strategy: a) buy properties priced for a rent-controlled market, b) form a "grass roots" organization to kill rent control and c) raise the rent and/or sell for a hefty profit. Fairly weaselly...
Redrider765
4:17 pm on Tuesday, August 2, 2011
They'd have been happy w/ the law as it was changed. You have a choice, vote for repealing the change to rent control and risk a massive tax hike b/c of that class action suit against the city by landlords or vote against the ballot initiative and preserve rent control as is and squash that class action suit. I'll be voting no on the ballot initiative though personally I wouldn't mind the class action suit going forward b/c looks like the city is toast and the fallout from the city losing would probably mean a complete end to rent control in town.
And the impetus behind this little rent control mess was a landlord getting hosed by the city, going to court and getting the administration of the rent control law deemed unconstitutional. The landlords collectively said "damn, if they won, then so can I", got certified as a class and filed a class action suit.
Indiecom
6:00 pm on Tuesday, August 2, 2011
The developer group behind the class action suit would not have been "happy" with the law as it was changed. This can be verified on the council meeting tape where the ordinance was passed. Cunningham asked Alfanador if this satisfies the case - Alfanador replies "no" - They (the developers) will not be satisfied until there is no rent control or there is a rent control law on the books that protects no one. Repealing the flawed ordinance does not risk a massive tax hike - that is a "talking point" and has no meaning. Rent control has been found to be constitutional by the supreme court of NJ. I can't imagine how Redrider or anyone one else could speculate that the city "looks like toast." Listening to more "talking points" without facts to back them up, I guess. Another false statement: there was a very narrow section of the rent control law that was deemed arbitrary - and is on appeal -- (applying to, maybe 25 units in all of hoboken) The developers try to "spin" it as the law being declared unconstitutional - but that is a false misleading statement.
HobokenOwl
6:45 pm on Tuesday, August 2, 2011
There is absolutely not one grain of logic or reason to your argument for rent control. It boils down to "I have it and I want to keep it" for you. I find this type of rationale disingenuous. The amount of my tax dollars you're spending to defend "your right" to live off of other people's hard work is appalling. If you can't afford to live in a market rate rental in Hoboken - get out. If you can afford it, then why cry about rent control?
Disgusting, absolutely and positively disgusting.
Redrider765
6:32 pm on Tuesday, August 2, 2011
Here is a fact for you Indie, your reading comprehension stinks to high heaven. I never said the law was unconstitutional. I said the administration of the law by the rent leveling board was unconstitutional.
There is a simple solution to all this if you want me to STFU about it. Rent control tenants agree to pay 100% of the costs and bear 100% of the risk of the class action suit. So do us all a favor and amend your referendum and pay to defend and keep your own pork. Oh, and thanks for sticking the city w/ all those legal bills. How many hundreds of thousands of dollars have we wasted on defending a failed economic policy that lets white yuppies who got lucky when hunting for apartments enjoy below market rental rates?
Indiecom
7:10 pm on Tuesday, August 2, 2011
Here's a fact for your redrider - why don't you ask the developers that filed the bogus law suit against the city to reimburse the taxes you pay towards the cost of it (did I say the taxes -YOU pay? oops, my mistake)
As far as that A-Hole OWL - are you really spewing the "you get out of town nonsense?" Do the zimmer administration a favor - don't support them publicly, privately or otherwise - least anyone think they are of the same classless mindset as you.
HobokenOwl
7:36 pm on Tuesday, August 2, 2011
If you had given me any indication that you could make a rationale decision or conclusion, your opinion would matter to me. But since you've proven time and again that you only care about getting yours, it doesn't.
To that end, I'm confident that RR and I pay more in taxes monthly than you do yearly to this city. Maybe you'd care about the legal bills you and your ilk run up if you actually paid into the system.
Redrider765
8:14 pm on Tuesday, August 2, 2011
Her entire rental building pays a few grand less than most 2 BR condos. She barely pays enough in taxes to justify having a building there. Normally I don't like eminent domain to improve the tax base but for her I'd make an exception.
Indiecom
8:47 am on Wednesday, August 3, 2011
Talk about stupid arguments. According to your logic that the highest taxes are all that matters in this town - I guess Beth Mason should be calling all shots and making all decisions in and for Hoboken.
HobokenOwl
9:09 am on Wednesday, August 3, 2011
No, that's not the logical conclusion from what I stated. I stated that if you paid into the system the way the rest of us do, you'd be less inclined to sue the city to keep your backward policy intact. Furthermore, the policy inflates the prices of other rentals as it artificially creates a shortage. But it's all good, indie, keep getting yours. Luckily, people who like rent control are OLD and a DYING BREED. Soon enough the market will be freed from the chains of rent control.
HobokenOwl
9:11 am on Wednesday, August 3, 2011
I have yet to see one valid argument for rent control.
"Population diversity" doesn't work - we have low income/affordable housing for those who need a hand (another policy I disagree with)
"Artistic community" -um, what arts are you participating in?
"Fair" - No, it's not fair to anyone. You either are getting something for cheap so you're making out in the deal or you're a landlord getting screwed out of making the most money possible in rent. It's a zero sum gain, sure, but it's ridiculous.
KenOn10
10:38 am on Wednesday, August 3, 2011
"or you're a landlord getting screwed out of making the most money possible in rent."
The only landlords getting screwed are those who bought BEFORE rent control was enacted. For everyone else, rent control was priced into the property. Breaking rent control means a windfall for these fine folks, at the expense of long term tenants. Seems rotten to this property owner.
Redrider765
11:08 am on Wednesday, August 3, 2011
Below market rent in and of itself is a windfall. If you are against windfalls, you should be against artificially below market rental rates.
Redrider765
11:17 am on Wednesday, August 3, 2011
BTW, not entirely sure I am surprised a property owner who owns his own home is in favor of rent control. The artificial housing shortage caused by rent control in the NYC area is one of the top reason housing like your condo or town home is so valuable. So you are "talking your book" in a sense......lol. We get rid of rent control, your property won't appreciate in value quite so fast in the future.
HobokenOwl
12:11 pm on Wednesday, August 3, 2011
When you make an investment, sometimes you get lucky and get a windfall. Sometimes you lose out and don't. I don't feel bad for anyone who invests time/money into a property that gets a windfall. And I do not own any rental properties in town, nor will I.
KenOn10
12:34 pm on Wednesday, August 3, 2011
Luck has little to do with the windfall - it is all lobbying. A little investment with the politicians and all of a sudden they are concerned about the poor, down-trodden landlords, yearning to be free.
Owl, you haven't seen a valid argument for rent control. I haven't seen a valid argument for decontrol. Don't want to own rental property in rent controlled Hoboken? Then don't buy it. Want to jack up your rents and force your long term tenant to move out? Buy property somewhere else.
HobokenOwl
12:59 pm on Wednesday, August 3, 2011
The rational arguments against rent control are as follows:
1. The artificial reduction of market rate properties drives up the price of the now limited available market rate properties.
2. The buildings under rent control pay significantly less in taxes than similar properties (meaning a brownstone not under rent control pays upwards of $15-20K a year in taxes, but a rent controlled building pays about 1/3 of that). City collects less from them so owners in non-rent controlled buildings have to make up the difference.
3. The artificially low price gives people no incentive to leave a unit and causes people like SS1959 to feel entitled to payouts when a building they've rented in for 20 years changes ownership.
4. All risk is taken by the people who BUY the property. No risk is taken in renting. To take away any reward situation for the BUYER is an issue. To reduce the number of market rate apartments on the market negatively affects every potential renter in town.
Those are very legit reasons to get rid of it, particularly the first 3 (unless you believe in capitalism and the American dream, then #4 is a good reason too).
Added bonus- people like indiecom would probably leave town.
Whoever called these people moochers was right. Those who benefit from rent control are moochers.
KenOn10
5:12 pm on Wednesday, August 3, 2011
#2 makes sense to me. #1, #3 and #4, not so much.
#1, Did rents get any more reasonable as thousands of new units came online in the 90's and 00's? Did rents get any more reasonable when Applied decontrolled many of their units? Not so I could see. My guess is that rent control has very little impact on rents in this one square mile city.
#3, incentive to leave their homes? Huh? Is that supposed to be a GOOD thing?
#4, sure the owner takes the risk, but the risk is priced into the property. why would you buy the property if the numbers don't work? I don't think the American Dream involves kicking long term tenants to the curb so you can convert to luxury condos.
Not so long ago, owners did some pretty terrible things to evict tenants in Hoboken and history does tend to repeat itself.
Redrider765
6:22 pm on Wednesday, August 3, 2011
Ken, if rent control is such a great thing, why is new construction not covered? Did you ever think that even a politician who doesn't want to annoy people in rent control already by repealing it understands it is by far the dumbest economic & development policy a city could pursue?
BTW, rental rates never went down b/c vacancy rates in Manhattan were rediculously low. No empty units, no reason to cut rates. As for the rest of your rebuttal on luxury condos, etc.., you do realize the only reason people want to do that is b/c rent control is way below market, right?
greenhaven
12:38 pm on Wednesday, August 3, 2011
A windfall is a windfall no matter who gets it. The fact that people benefit from rent control is not a reason to modify or get rid of it, and the fact that people will benefit from getting rid of it is not an argument for not modifying or keeping it. Its a policy decision that should be made based on what's legally permitted and what's best for the City of Hoboken, with individual winners and losers simply a collateral effect that has no place in the decision making process.
HobokenOwl
1:02 pm on Wednesday, August 3, 2011
For the reasons I stated above, I feel that the policy decision should be to cut it.
Redrider765
1:07 pm on Wednesday, August 3, 2011
The reason to get rid of it is it actually does the opposite of it's intended purpose. Rent control encourages landowners to build everything but affordable rental housing making affordable rental housing more scarce. That rent control created scarcity makes housing less affordable. So why do we keep it? Because it people like Indiecom will vote against anyone who say they will do what makes sense and threatens to take away their windfall.
If anyone thinks I am making this up, go compare rental and vacancy rates in Manhattan for rental housing vs. commercial housing. Then go compare that to the national rates. Guess where rental housing rates went and where vacancy rates went in Manhattan during the recession. Guess where it was everywhere else in the nation. Guess what developers have consistently not built in Manhattan over the last few decades that they built all over the rest of the country. And then go look at why half the people in this town live here and commute into NYC, what do you think that does to the cost of housing here. Now go google what economists think on the issue of rent control. These typically liberal minded academics are not a fan of rent control at all. That might be why rent control is the stereotypical case used in almost every economics class of how price controls lead to shortages and drive up prices. But nobody in rent control will admit to themselves being the reason why housing is so expensive here.
greenhaven
1:11 pm on Wednesday, August 3, 2011
As I understand it, those who support rent control believe it creates a more diverse population and that encouraging and facilitating diversity is good public policy. Those who oppose it feel either that it is not an effective means of reaching that goal or that the goal itself is not an appropriate public policy objective. It is a matter that reasonable and intelligent people can genuinely disagree about without being motivated by their own personal financial interests (though certainly many are so motivated). I was only trying to suggest that the discussion would be more productive if we moved past the "greedy tenant" and "greedy landlord" arguments that really should be beside the point.
Redrider765
1:21 pm on Wednesday, August 3, 2011
There is nothing diverse about white yuppies. If they want diversity, tell them to put in some requirement that it promote diversity. That requirement should exclude white yuppies w/ graduate degrees that work in the financial services sector since they are over-represented in town.
HobokenOwl
1:24 pm on Wednesday, August 3, 2011
Affordable housing allows for diversity of population. There seems to be a lot of that, as we have public housing and senior housing in town - in fact, that type of housing brings us politicians such as Tim O, Mike Russo, Theresa Castellano & Beth Mason. I'm failing to see how this is a positive.
If rent control is to help keep the artists here, I ask anyone making that argument to a- explain to me why they aren't falling into the affordable housing category & b - where are they? I haven't known of any artists in any medium in Hoboken for quite some time.
So that brings me back to - what does Indiecom or SS1959 add to the community that so requires us to have rent control? My guess is both can afford market rate housing. So ?
Hoboken1653
2:43 pm on Wednesday, August 3, 2011
"Affordable housing allows for diversity of population"
At least its supposed to. In Marine View and Church Towers the only non-white faces are people with realy good tans
HobokenOwl
3:55 pm on Wednesday, August 3, 2011
@Hoboken1653- True. But how does Rent Control make sure we have people of different ethnic backgrounds?
Redrider765
1:33 pm on Wednesday, August 3, 2011
A friend of mine saw this sign once in Harlem posted on a telephone pole
"Gentrification is a white b***h"
Steve Johnson
1:38 pm on Wednesday, August 3, 2011
Lets see here.... first make sure you have no concerns about private property rights. Second buy into the canard that all landlords are rich, greedy, and dishonest. Third forget the fact that this law no longer protects those it was designed for(older folks passed away, lower income people who moved out) and you are left with a small bunch of liberal, angry, activist advocates(by the way how does one actually become an Advocate?) who seem to have too much influence on city issues because they get up at council meetings and blab on and on and on. My suggestion to the Comintern(and you know who you are) is go home, warm up the old VCR and pop in your tape of "Delivered Vacant" and just play-watch-rewind-play-again until you fall asleep. Oh, turn on the phonograph and slip in your record of "The Internationale" it makes excellent background music. Heard it still gets air time in North Korea.
HobokenOwl
1:44 pm on Wednesday, August 3, 2011
Those of us who have to make enough money to pay our market rate rent (or mortgage) generally can't get to council meetings by 7 to sign up to speak. It's infuriating that loudmouth greedy mooching idiots get all the air time. It's a catch-22. They don't need to make much $$ so they can leave their jobs and perpetuate this rent control b.s.
MadisonMonroe
11:04 pm on Wednesday, August 3, 2011
The government should not be in the business of using private property to make public policy, plain and simple.
Btw, the overwhelming majority of people I know (and know of) with second homes in the mountains or down the shore, are those with some sort of "subsidized" or rent controlled housing in NJ/NYC.
greenhaven
10:32 am on Thursday, August 4, 2011
Madison - I assume if you think the government should not be in the business of using private property to make public policy that you oppose the home mortgage deduction. How about zoning ordinances? Do you oppose those? Like rent control zoning restricts what you can do with your property to achieve a public policy goal so I assume you oppose all zoning restrictions as well. BTW, I'm not saying rent control is good or bad public policy, only that the assertion that government shouldn't ever use private property to achieve public policy goals is a convenient oversimplification that simply doesn't reflect the real world. Also, the assertion that most people who have vacation homes live in subsidized housing is both false and silly. There surely are people who live in subsidized housing who own vacation homes but they represent a small fraction of the people in subsidized housing, and a miniscule fraction of people who own vacation homes overall. This is a serious policy issue that deserves serious thoughtful discussion.
InfotainMe
11:00 am on Thursday, August 4, 2011
In my dream of means-testing, if you own a shore house, you're out of subsidized housing. Simple cause and effect law. Kind of like if you turn on your wipers, you have to turn on your headlights.
Passkey
9:05 am on Thursday, August 4, 2011
The irony of rent control is that it actually artificially raises the "market rent" rates in the area due to less apartments being available on the market. Many of the rent control laws originally were enacted immediately following WWII when returning GI's found a housing storage for their new families and landlords were charging what was then considered to be outrageous rents.
Redrider765
9:36 am on Thursday, August 4, 2011
Actually, some of the laws started at the beginning of WWII b/c of a lack of construction materials and manpower for construction and a huge influx of workers needing housing who moved to cities to work at factories and other jobs created to help w/ the war effort. The current rent control regulations in NYC started in 1943. Since '43, rent control was expanded in NYC and the collective group of rental regulations now cover 2/3 of all rental units in NYC according to the State of NY. Right now units become deregulated over in NYC after rent hits a certain $ threshold but tenant advocates are trying to change that and make rent control as permanent as possible over there. Past time to repeal these anachronistic laws.
Passkey
11:14 am on Thursday, August 4, 2011
didn't realize it started as early as '43....