Why are landlords getting away with ILLEGAL FORCED raises?

Chayalle

Thu, Aug 31 2023, 11:15 am

amother Seablue wrote:

My landlord can afford not to raise, I know his lifestyle
Utilities are separate

Raising the rent for a tenant (within legal and halachic means) should be directly related to the cost of maintenance of the dwelling, and has NOTHING to do with what the landlord can or cannot afford, and what his lifestyle is.

He's not running a tzedakah/affordable housing organization.

amother

Seablue

Thu, Aug 31 2023, 11:16 am

Ema of 5 wrote:

Lifestyle is not the same thing as money in the bank.
I don’t live in Lakewood so I can’t give you any specific info, but you should contact a lawyer or call 311 (if that’s a thing in Lakewood, I don’t know) and find out what your options are.

My husband wanted to but I didn't think it was worth it
Wouldn't I end up paying more for a lawyer than increased rent
and then the landlord would hate us and try evict?

amother

Seablue

Thu, Aug 31 2023, 11:18 am

Chayalle wrote:

I was responding to if the house would be under a mortgage
If it would cost him more

amother

Nemesia

Thu, Aug 31 2023, 11:23 am

amother Seablue wrote:

My husband wanted to but I didn't think it was worth it
Wouldn't I end up paying more for a lawyer than increased rent
and then the landlord would hate us and try evict?

Maybe. And this is your choice right here.

amother

Thu, Aug 31 2023, 11:25 am

amother Seablue wrote:

My landlord can afford not to raise, I know his lifestyle
Utilities are separate

How much did they raise you? Mine was over 20%. definitey not legal

amother

Thu, Aug 31 2023, 11:30 am

Chayalle wrote:

Are you for real?

Usually 5-6% per year. This should be specified in the lease.

Ever heard of property taxes? They go up every year. When I call a plumber, electrician, or any other serviceman for anything at my rental, the charge is close to double what it used to be. When I need to paint, hire a cleaning service, prepare for new tenants, it's a huge cost each time.

Many landlords have flexible loans on their properties - they are not "already paid for" - and rates have shot up.

Prices have gone up everywhere.

Chayllelle no one is talking about you.

We are talking about tenants getting raised 20-30%. Its common

https://thelakewoodscoop.com/n.....ling/

Why is no one stopping this

amother

Silver

Thu, Aug 31 2023, 12:13 pm

There are really two issues being discussed.

If your rent is being raised ILLEGALLY, then take the necessary action and provide your landlord with the "proof" of what your maximum increase should be. A landlord can threaten eviction but the eviction would not be upheld by the courts.

The other issue is that some people seem to "resent" landlords charging market rates for rentals.

Whether a landlord is rich or poor really makes no difference in terms of how much the landlord is entitled to make from their investment - so long as it is legal. The landlord made a decision to invest in real estate rather than purchase stocks or bonds or anything else - that is their decision.

It really isn't different than justifying people paying someone more for the same amount of work because they have greater expenses.

amother

Pumpkin

Thu, Aug 31 2023, 12:16 pm

https://www.faanews.com/2023/0......html

The ongoing litigation regarding the Prime Apartments building in Lakewood has just gotten cranked up a whole notch more contentious!

Attorney Ian Goldman Esq. representing the tenants has just filed in Court for emergent relief seeking to take the building out of the hands of its landlord and have a Receiver appointed to manage the building instead!

The emergent relief filing, known as an Order To Show Cause, additionally seeks for all eviction proceedings to be ceased, to order the landlord to fully execute the tenants' HUD applications, and to replace the lobby furniture which was removed in response to the filing of the lawsuit, and to grant storage access that was stripped as well.

As first reported here on FAA News, 60 tenants of Prime Apartment tenants have served their landlord and his property manager with a Superior Court lawsuit alleging a long list of illegal rent increases and associated harassment, intimidation and retaliation.

Following the filing of this lawsuit, as previously reported here on FAA News, Cheskel Brach, the landlord of Prime Apartments, served the tenants with a Hasra'ah (a warning) from the Bais Din of the Central Rabbinical Congress of the U.S.A. and Canada (the CRC).

Additionally, as previously reported here on FAA News, Bais Din Zedek which is under the auspicies of Rav Yisroel Knopfler, has also authored a Hasra'ah against the tenants.

As previously reported here on FAA News, the landlord has answered the lawsuit, alleging that the tenants are the ones in breach of their leases either because they failed to pay their rent, a rent increase, had too many occupants residing in the unit and/or by occupying the unit in a manner inconsistent with the terms of the lease agreement, including by taking up storage units that are not in their lease and they are not paying for the storage.

The landlord is further counter-claiming that the lawsuit was filed or pursued in bad faith, solely for the purpose of harassment, delay or malicious injury, and the tenants knew or should have known that the claims were without any reasonable basis in law and could not be supported by a good faith argument.

Moreover, the tenants violated the terms of their lease agreements by failing to pay rent and over-occupying units, yet they continue to reside in their apartments in clear violation of those terms, thus unjustly enriching themselves.

In their Order To Show Cause filing, tenants are alleging that the landlord is refusing to complete the HUD paperwork for tenants even though this is a HUD approved building. This is against public policy and tenants will be irreparably harmed if relief is not granted.

Additionally, the landlord and property manager are incorrectly advising tenants that the property is not under rent control.

They are seeking to impose an increase of $688 per month per tenant - a 38% increase above the base rent of $1,795.

They are unilaterally terminating lease agreements and increasing rent if tenants do not comply with the increase.

Moreover, they have commenced the eviction process and are threatening evictions for failure to pay the agreed upon illegal and unconscionable unilateral rent increase.

The landlord has advised the tenants that he filed an application to Lakewood Township's Rent Control Board to adjudicate the matter, however, the Township Committee has already abolished this Board.

The day after the lawsuit was filed, the landlord removed the furniture from the lobby and closed access to the storage units, telling the tenants that "storage is not included" in the leases.

Despite the tenants having the right of storage use as advertised, and in unlawful retaliation of the tenants' lawful and protected objections to the Landlord's improper attempts to renege on valid lease agreements, the landlord and property manager have started removing tenants' possessions from common storage areas without their permission. They are also in the process of causing significant damage to the tenants' possessions.

The repeated assaults against the tenants, beyond any reasonable doubt - especially as these assaults and harassment were escalated within 24 hours of the filing of this lawsuit - show that the landlord and property manager are trying to constructively evict the tenants.

Just because Mr. Brach overpaid for a property does not give him permission to take these egregious, unlawful, and illegal actions, especially as the contracts he prepared with the tenants expressly stipulate that he will not raise rents more than 5% at renewal and that he will be bound by Lakewood rent control.

Should the Court not step in, immediate and irreparable harm will continue in the form of not accepting HUD applications, unlawful evictions, damage to quality of life, harassment, damage to credit reports, and damage to reputation.

The tenants also emphasized to the Court that the removal of the furniture from the lobby (which, shockingly, was done on a Friday night!) is not simply act to "minorly inconvenience" the tenants, but more so to intimate and harass them into vacating their apartments so the landlord can then start over with new tenants at an even higher rent amount.

The Order To Show Cause filing seeks emergent relief for the Court to "evict the property owner" and hand over complete possession of the building to a Receiver.

The Receiver shall manage and operate the building, collect rent, maintain the premises, and all other things necessary for the due care and management of the property.

Any persons who would need to be hired to do such services such as accounting, marketing and management, etc, must be "not insiders of or related to" the current landlord and property manager.

The Receiver is to use the rent for his salary and to use any remaining funds to pay the interest on the mortgage.

Accordingly, the landlord and property manager are to be required to hand over all keys to the property to the Receiver. They are to be further enjoined from collecting or accepting any rent from the tenants.

Additionally, the legal filing seeks for the landlord and property manager to fully execute all HUD paperwork submitted by tenants; to temporarily cease any and all evictions; permit unfettered access to the storage access; and to place the lobby furniture back in the lobby.

The landlord and property manager have not yet responded to the Motion for Order To Show Cause.

Judge Valter Must will likely schedule an emergent hearing once the landlord and property manager respond.

amother

Pumpkin

Thu, Aug 31 2023, 12:23 pm

amother Seablue wrote:

My husband wanted to but I didn't think it was worth it
Wouldn't I end up paying more for a lawyer than increased rent
and then the landlord would hate us and try evict?

Call LTRAP. Often you can get free legal counsel.

amother

Pumpkin

Thu, Aug 31 2023, 12:24 pm

Chayalle wrote:

Right. That's very different from illegal raises.

amother

Pumpkin

Thu, Aug 31 2023, 12:25 pm

amother OP wrote:

I live in a builidng and they want to raise me 25% after 2 years. Legal increase is 5% . source https://ecode360.com/35458779

Landlord said everyone is doing it. If I dont sign the illegal contract they will evict me. Who can I cantact

LTRAP 732-367-0660

amother

Thu, Aug 31 2023, 12:26 pm

amother Silver wrote:

I am talking about ILLEGAL. They want to raise over 20% over one year.

amother

Pumpkin

Thu, Aug 31 2023, 12:26 pm

amother OP wrote:

Is this halachically allowed. Rabanim are not getting involved.

You can call Rav Forscheimer. My understanding is that it's not halachically allowed, but these landlords don't listen to the rabbonim.

amother

Seablue

Thu, Aug 31 2023, 12:27 pm

amother Pumpkin wrote:

LTRAP 732-367-0660

Thank you!

amother

Pumpkin

Thu, Aug 31 2023, 12:29 pm

amother Seablue wrote:

Am I for real about which point?
Did my landlord do something wrong by raising by 10percent after 1year?
We haven't had any repairs done at all

Does your landlord live in the house and you in the basement? Because if so, they're exempt from rent control.

amother

Pumpkin

Thu, Aug 31 2023, 12:34 pm

amother Seablue wrote:

Thank you!

Try calling STEPS 732 367 1640

amother

Silver

Thu, Aug 31 2023, 12:35 pm

amother OP wrote:

I am talking about ILLEGAL. They want to raise over 20% over one year.

As I stated, if it is illegal, then fight it with the appropriate proof since the landlord can't evict if they are attempting to raise rent illegally.

However, there are rental units that are NOT subject to rent control so anyone needs to consult with an expert to make sure they know exactly what their rights are.

And as an aside the rent that a landlord can charge has nothing to do with their costs - it is solely a function of fair market value for rents as well as what the legal limits our in terms of rent control.

Why should someone be penalized because they bought their property years ago. It is still an "asset" and an investment. They could sell the property at a profit and invest in something else.
And then logically since the new owner paid a lot more for the same property, that owner would be "entitled" to charge more.

That result is illogical if based on the "cost" of the investment or how wealthy a landlord is.

amother

Pumpkin

Thu, Aug 31 2023, 12:36 pm

This article says to call STEPS https://thelakewoodscoop.com/n.....oles/

amother

Thu, Aug 31 2023, 12:36 pm

amother Silver wrote:

How do I fight it without expensive legal fees?

amother

Silver

Thu, Aug 31 2023, 12:37 pm

amother OP wrote:

How do I fight it without expensive legal fees?

I am not familiar with Lakewood but generally there are tenant rights organizations that provide advice for free or very cheap.