Post by Freehold Resident on Jun 28, 2006 9:50:11 GMT -5
Anyone wish to share there thoughts on this? Seems like John Newman has really done a lot of work on this committee.
FR
Crowded conditions draw look in Freehold
Absentee landlords lead to problems in apartments, houses
BY CLARE MARIE CELANO
Staff Writer
Hitting landlords with higher fines and providing public education for landlords and tenants are ways the Freehold Borough Rental Property Advisory Committee hopes to address the issue of residential overcrowding.
Instances of residential overcrowding have increased over the last 10 years as the borough has seen an influx of immigrants, but not a corresponding increase in the housing stock.
Committee members met June 20 and Chairman John Newman said there may be some recommendations to present to municipal officials by the end of the summer.
According to Newman, between 90 and 95 percent of the landlords in the borough are people who do not live in the community.
According to information prepared by Newman, while overcrowding in town is primarily a concern within the Hispanic community, the ethnic identity of landlords is diverse. The issue is not confined to one area of town, nor is it limited by the value of a residence or the type of structure.
Newman, an attorney, said residential overcrowding can lead to problems that include improper entrances and exits from attics and basements, overuse of kitchens, mold, leaks, electrical hazards, sanitation, risk of germs and fire. He said the code enforcement office receives between 10 and 20 calls per month related to residential overcrowding. He said about 50 percent of the calls end up with a summons being issued.
At present, when a situation of residential overcrowding is discovered, the landlord may be issued a fine of up to $1,250.
Newman discussed methods to deal with the situation. Rent control, which was previously discussed, now seems to have taken a back seat to increasing the fines on violations and educating landlords and tenants as to their rights and responsibilities.
According to Newman, code enforcement should be the immediate means to combating residential overcrowding. Rent control may be used as a tool in combination with code enforcement initiatives.
One recommendation may call for an annual inspection of all rental properties. At present, only properties with three or more bedrooms are inspected.
Newman said committee members are aware of a growing trend in which landlords have made tenants responsible for all fines issued to the landlord. He said research should be done to see if an ordinance can restrict this practice.
"While tenants should not get a free ride for problems they may have had a hand in, landlords cannot expect a free ride either," Newman said.
Committee member Frank-Argote Freyre requested that Borough Attorney Kerry Higgins review any recommendations the committee makes in order avoid the prospect of litigation.
Other recommendations that may end up in the Borough Council's hands are: community service or jail time for severe violators; and enforcing restitution measures on landlords who violate ordinances.
State law requires a landlord to reimburse a tenant up to six times the rent for relocation expenses in cases of overcrowding or illegally converting living spaces.
According to Newman, landlords can also be made to reimburse the local school district for a child in the school system who was housed in an illegal or overcrowded unit. The committee also wants to ensure that landlords have enough insurance for their renters. The ability to revoke certificates of occupancy in appropriate circumstances might also be a means of enforcing limits on tenants.
Newman said it might also be possible to report the names of landlords who violate tenancy limits to the IRS and to the state Division of Taxation; the theory being that if they are permitting illegal occupancy, they may also be underreporting their income.
He noted that Morristown officials have been forwarding the identity of owners of overcrowded properties to mortgage companies, since overcrowding is a violation of the mortgage.
Committee member Marie Chapman expressed concern for sincere landlords who have no knowledge that their rental units are being overcrowded.
Newman responded, saying, "We cannot let landlords be woefully ignorant, rent the unit and then walk away. They can screen the units. They are responsible. They are making the money."
According to Newman, additional code enforcement officials would need to be hired to pursue this route.
Newman also discussed the idea of providing public forums for tenants and landlords. He suggested that an education program would prevent tenants from claiming ignorance of the law.
A brochure titled "Tenants Rights in New Jersey" (in English or Spanish) is provided by landlords with several units. The committee would like to mandate that landlords of all units provide this brochure to all tenants on the lease.
Also under discussion is a Spanish telephone line for quality of life and tenant related complaints. Enlisting the help of newspapers for Spanish-speaking borough residents is also recommended.
"The best thing about an education program is that no one can say they did not know," Newman said.
Argote-Freyre suggested that committee members bring hard-working Latino families into the process. In general, he said they have been ostracized.
"We can inform them and help them to understand their rights and bring that information to others," he said.
Borough Councilman Marc Le Vine, who represents the governing body on the committee, had already offered his support of a public education program.
He said, "We can oppose illegal immigration, but we don't oppose the people themselves. It's important to let them know this. We can't have an adversarial relationship. We can be mad at the issue, but not at the individuals."
Argote-Freyre said he would arrange to have renters attend the committee's next meeting.
"Let's see what's on their minds," he said.
FR
Crowded conditions draw look in Freehold
Absentee landlords lead to problems in apartments, houses
BY CLARE MARIE CELANO
Staff Writer
Hitting landlords with higher fines and providing public education for landlords and tenants are ways the Freehold Borough Rental Property Advisory Committee hopes to address the issue of residential overcrowding.
Instances of residential overcrowding have increased over the last 10 years as the borough has seen an influx of immigrants, but not a corresponding increase in the housing stock.
Committee members met June 20 and Chairman John Newman said there may be some recommendations to present to municipal officials by the end of the summer.
According to Newman, between 90 and 95 percent of the landlords in the borough are people who do not live in the community.
According to information prepared by Newman, while overcrowding in town is primarily a concern within the Hispanic community, the ethnic identity of landlords is diverse. The issue is not confined to one area of town, nor is it limited by the value of a residence or the type of structure.
Newman, an attorney, said residential overcrowding can lead to problems that include improper entrances and exits from attics and basements, overuse of kitchens, mold, leaks, electrical hazards, sanitation, risk of germs and fire. He said the code enforcement office receives between 10 and 20 calls per month related to residential overcrowding. He said about 50 percent of the calls end up with a summons being issued.
At present, when a situation of residential overcrowding is discovered, the landlord may be issued a fine of up to $1,250.
Newman discussed methods to deal with the situation. Rent control, which was previously discussed, now seems to have taken a back seat to increasing the fines on violations and educating landlords and tenants as to their rights and responsibilities.
According to Newman, code enforcement should be the immediate means to combating residential overcrowding. Rent control may be used as a tool in combination with code enforcement initiatives.
One recommendation may call for an annual inspection of all rental properties. At present, only properties with three or more bedrooms are inspected.
Newman said committee members are aware of a growing trend in which landlords have made tenants responsible for all fines issued to the landlord. He said research should be done to see if an ordinance can restrict this practice.
"While tenants should not get a free ride for problems they may have had a hand in, landlords cannot expect a free ride either," Newman said.
Committee member Frank-Argote Freyre requested that Borough Attorney Kerry Higgins review any recommendations the committee makes in order avoid the prospect of litigation.
Other recommendations that may end up in the Borough Council's hands are: community service or jail time for severe violators; and enforcing restitution measures on landlords who violate ordinances.
State law requires a landlord to reimburse a tenant up to six times the rent for relocation expenses in cases of overcrowding or illegally converting living spaces.
According to Newman, landlords can also be made to reimburse the local school district for a child in the school system who was housed in an illegal or overcrowded unit. The committee also wants to ensure that landlords have enough insurance for their renters. The ability to revoke certificates of occupancy in appropriate circumstances might also be a means of enforcing limits on tenants.
Newman said it might also be possible to report the names of landlords who violate tenancy limits to the IRS and to the state Division of Taxation; the theory being that if they are permitting illegal occupancy, they may also be underreporting their income.
He noted that Morristown officials have been forwarding the identity of owners of overcrowded properties to mortgage companies, since overcrowding is a violation of the mortgage.
Committee member Marie Chapman expressed concern for sincere landlords who have no knowledge that their rental units are being overcrowded.
Newman responded, saying, "We cannot let landlords be woefully ignorant, rent the unit and then walk away. They can screen the units. They are responsible. They are making the money."
According to Newman, additional code enforcement officials would need to be hired to pursue this route.
Newman also discussed the idea of providing public forums for tenants and landlords. He suggested that an education program would prevent tenants from claiming ignorance of the law.
A brochure titled "Tenants Rights in New Jersey" (in English or Spanish) is provided by landlords with several units. The committee would like to mandate that landlords of all units provide this brochure to all tenants on the lease.
Also under discussion is a Spanish telephone line for quality of life and tenant related complaints. Enlisting the help of newspapers for Spanish-speaking borough residents is also recommended.
"The best thing about an education program is that no one can say they did not know," Newman said.
Argote-Freyre suggested that committee members bring hard-working Latino families into the process. In general, he said they have been ostracized.
"We can inform them and help them to understand their rights and bring that information to others," he said.
Borough Councilman Marc Le Vine, who represents the governing body on the committee, had already offered his support of a public education program.
He said, "We can oppose illegal immigration, but we don't oppose the people themselves. It's important to let them know this. We can't have an adversarial relationship. We can be mad at the issue, but not at the individuals."
Argote-Freyre said he would arrange to have renters attend the committee's next meeting.
"Let's see what's on their minds," he said.
