Hoboken Rent Control Tutorial presented by HFHA (Hoboken Fair Housing Association) members at a free workshop given to the public on June 23, 2016.

1. Presents:
KNOW YOUR RIGHTS
Everything You Wanted to Know about
Rent Protections, but Didn’t Know Who to
Ask

2. What is covered under Hoboken’s
Rent Control Ordinance vs. State
Law?
RENT CONTROL
 Yearly Increases
 Legal Base Rent
 Overcharges
 Surcharges:
Tax/Water/Capital
Improvement
 Vacancy Decontrol
STATE LAW
 Displacement
 Condo
conversion/protected
tenant status
 Lease disputes
(outside of sections
addressed in
Hoboken’s rent
control laws)
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3. What properties are covered under
Hoboken’s Rent Control laws?
 Any residential property built before 1987 (including
single-family houses and condos.)
 Any residential property with less than 4 rental units
regardless of when it was built.
 Any pre-1987 condo dwelling.
 Any post-1987 building that didn’t file a rent control
exemption.*
* There is some question as to whether buildings built as rental
properties that didn’t file an exemption are covered)
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4. What properties are not covered
under Hoboken’s Rent Control laws?
 Commercial/Retail establishments.
 Post-1987 buildings with more than 3 units that
filed an exemption.
 Housing authorities, HUD developments.
 Properties under a government sponsored
affordable housing program.
 Factory/Industrial properties (even if converted to
rentals).
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5. What protections do tenants have
under Hoboken’s Rent Control laws?
PAY ATTENTION
THIS IS VERY
IMPORTANT
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6. Unless You Stand Up For Yourself
You Have No Protections
Hoboken Administers its Ordinance Reactively
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7. But seriously….
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8. Q: What rights do you have if you stand up for yourself?
A: To pay only the legally allowed rent
 You have a right to be charged no more than the legal
rent allowed on your apartment.
 You have a right to get a legal rent calculation that
determines what that is.
 If you discover you have been overcharged, you have
a right to have the rent lowered.
 You have a right to a refund of up to 2 years over
payments.*
 You have the right to appeal a legal rent calculation
and to defend a legal rent calculation if it is appealed
by the landlord.
*The maximum number of years for which you can receive a refund of overpayments is 2 years.
If you received and signed a disclosure form (see sample) when you moved in, you can only file
in the first 2 years that you live in the unit. If you did not receive a disclosure form you can file
for the most recent 2 years you’ve lived in the apartment. If you vacate your apartment, you can
file for a rent refund for two years up until two years after you have vacated the unit.
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9. What is a legal rent calculation &
how do you get one?
 A legal rent calculation (LRC) is a determination
made by the city’s rent leveling officer when a
tenant files for the calculation.
 When a landlord files for this determination it is
called a legal rent update.
 The cost to file: $20.
 Any determination can be appealed to the rent
leveling board by either party.
 Note: Your landlord is always notified when you
file an LRC.
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10. Filing an OPRA
It’s less complicated than you might think

11. Or, Google “Hoboken OPRA”11

12. Digital copies are free of charge!
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14. Then there’s that thing that sends
shudders down a landlord’s spine…
Treble
Damages
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16. There are two types of surcharges
What is a Surcharge?

17. Tax/Water Surcharge
 What is a Tax/Water Surcharge?
 The difference between the taxes in 1988 & today with a
couple of exceptions:
o 1) If you live in a condo conversion – it is the difference
between the first tax year after the conversion & today.
o 2) If the unit was given a hardship increase and taxes
were included in the calculation – it is the difference
between the year of the hardship increase and today.
o 3) If your unit was subject to a 1-time full vacancy
decontrol for an O/O condo – it is the difference
between the year the vacancy decontrol was granted
and today.
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18. Things to know about the tax/water
surcharge
 It is good for 12 months and then must come off.
 It can, however, be re-filed for each year.
 It is not part of your base rent for the purposes of
any yearly increase.
 Your landlord must notify you of the surcharge.
 Your landlord can file for a tax surcharge at any
time; it doesn’t have to be at the time you take up
residency or at the time you get your yearly
increase.
 It’s automatic if your landlord applies for it.
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19. Capital Improvement Surcharge
 What is a Capital Improvement Surcharge?
 If your landlord makes a capital improvement to
your apartment and/or the building, the landlord can
file to recoup the cost from the tenants over time.
 Capital Improvements are heard at the rent leveling
board.
 You must be notified that the landlord has filed and
you should attend the hearing.
 The amount of the surcharge and the length of time
is determined by the rent leveling board.
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20. Things to know about the capital
improvement surcharge
 It is not part of the base rent for the purposes of
your yearly rent increases.
 The maximum amount that it can be is 33.33% of
your monthly rent.
 The surcharge must come off after the term of the
surcharge is completed.
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21. Hardship increases are not surcharges
What is a hardship increase?

22. Hardship Increase
If your landlord is not getting a “reasonable return” on
his/her investment s/he can apply for a permanent
increase in the base rent on your unit. The hardship
is determined by the amount of equity in the
unit/building and the interest on the mortgage on the
building/unit plus annual expenses minus the rent
paid. If the rent does not cover the landlord’s
expenses your rent will be increased by the amount
that isn’t covered plus a reasonable return.
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23. Things to know about a hardship
increase
 It is permanent and it is part of your base rent.
 There is no limit on how much a hardship
increase can be.
Pretty Scary, Right?
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24. What is The role of the Rent Board &
who are the Rent Board Members?
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25. Who to contact about what & why
 A problem in your apartment or building relating to
your safety: The Housing Inspector – 201.420.2041
 A question about rent control: The Rent Leveling
Officer (Suzanne Hetman) – 201.420.2062
 Eviction/Displacement: An attorney (Hoboken Fair
Housing Association members can get referrals)
 For support/advice/non-legal advocacy: Hoboken
Fair Housing Association: 201.589.1892 (free to
members)
 Hoboken also has a tenant attorney on contract for
non-rent control related advise
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26. Tips for renters – some odds & ends
 If your lease has a clause that says you can be evicted if
your unit is becoming a condo – cross it out – this
provision is illegal for pre-conversion tenants.
 Check to see if your lease says that the landlord can apply
surcharges at any time.
 If your building is selling & if there are 4 units or more and
your landlord tells you that you have to leave, you don’t.
 If your building sells and the new owner gives you a lease
that says, “no pets” when you already have one – tell the
owner that they don’t have a legal right to tell you to get rid
of your pet.
 If you get a notice that the there will be a hearing by the
rent leveling board about anything relating to your
unit….ATTEND.
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27. Most Important Tip:
Join & Support The Hoboken Fair
Housing Association
www.hobokenfairhousing.org
hobokenfairhousing@gmail.com
201.589.1892
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