TENANT'S AGENDA FOR THE CITY OF NEWARK

We want as many apartment buildings as possible to support and follow the same agenda.  We also want city officials to fully understand that we are working together, because there is strength in numbers.  Using a united approach, we'll get even better results from Code Enforcement, the Rent Control Board, and the City Administration. 

We'll be able to get stronger ordinances passed, secure the cooperation of various city departments and agencies, and generally ensure the continued cooperation of our elected officials.  They've already passed our Security Guard Ordinance, and we expect more from the City of Newark.

In the 1960's, Landlords were largely free to do almost anything they wanted. The needs of tenants simply weren't an issue.  Some key employees at city hall didn't personally feel that they were on a mission to help the residents of the City of Newark; their job was just a job. The 1970's were the heyday of tenant organizing, but in our modern society there are few people who are looking at the needs of the entire city.  Even among tenant leaders, most want to focus only on their own buildings, and they feel no motivation to improve the whole City of Newark.  Things are slowly changing on the city level, and Newark is definately moving in some direction. People are taking their jobs a bit more seriously, and starting to get things done. The needs of tenants are only now re-emerging.  However, a lot of work remains to be done.  Issues affecting tenants are still very low on the city's priority list.  Renters compromise at least 85% of the population of Newark, and for the most part we are all totally unempowered and disenfranchised. That is going to change as more buildings enter into our alliance.

We have lain out the following agenda for our City leaders to pursue. We seek to organize tenants from around the city for the purpose of advancing these goals:
 
(1)    The city should establish and staff an official City of Newark TENANT RESOURCE HUB, located at city hall.  The Tenants Resource Hub should be complete with a hotline number, literature, a website, and staff who are informed and greatly concerned with the rights and the well-being of tenants and their families.    The Tenant Resource Hub should also serve as an intermediary with City and State code enforcers, including issues regarding boilers and Black-Seal Certified boiler technicians.  (Note:  The City has a Rent Control Department which does not currently function in this capacity. They are often non-cooperative with tenant inquiries. They strongly prefer to have as few telephone calls per day from tenants as possible.

(2)    City-wide implementation of new Security Guard Ordinance, passed on April 1, 2009.  The 380-402 Tenants Association organization drafted the ordinance, which was then expanded greatly by the city.  Many individual buildings over 100 units still do not have 24/7 security guards in the lobbies, basically because tenants city-wide do not know that the law was passed.  Other buildings have guards who are not licensed, or do not have armed guards from 8:00 PM - 4:00 AM.

(3)    Revise and improve the city’s Superintendant ordinance. This will include a requirement that the Superintendant's name and unit # must be posted in the entrance of each building so that police and firemen can reach the Super, or for tenants to reach the Super in the event of a real emergency.

(4)    Resolve Code Enforcement Process and Record-Keeping issues so that tenants are not completely disenfranchised by the process. Secure effective communication between Code Enforcement and the Prosecutor's Office, as well as establishing an effective system for Tenants to get the result of cases. There is no software tracking a violation from the day it is issued through the court system. The Court system adds it's own court docket # for any violation that goes to court. Code Enforcement isn't notified of the Court Docket #, and they aren't notified of the results.  It is virtually impossible to correlate a violation # to a court docket #. It can only be done by visiting multiple offices at city hall, waiting on line for hours, and enduring multiple inquisitions from city employees asking who you are and why you want this information. The whole system is a nightmare, and fixing it is totally off their agenda. Completely transform the way Code Enforcement deals with buildings and tenant complaints.   Resolve the following specific issues:

- Tenants (renters) cannot correlate Code Enforcement Violation numbers to Municipal Court Docket Numbers without taking a half day off of work, waiting in line with serious criminals (31 Green Street, Room 207), and then dealing with workers who don't want to assist in this task at all

- Tenants (renters) who place complaints are not notified, by mail, which issues were found to be actual violations, nor the Municipal Court Docket Number, nor when the court date will take place for the violations.  Therefore, tenants are unable to testify and give important information regarding their own case.  The court hears no information to counter false statements from building managers and their attorneys.  Typical false statements are "we fixed that problem" and "the tenant didn't allow us access into the apartment to make the repairs".

- Tenants (renters) are not notified of the results of Municipal Court decisions regarding code enforcement violations, giving them the impression that "the city did nothing".  This generally disenfranchises tenants, turns them off to the whole political process, and causes voters to be disgusted and disaffected by the city administration.  Since Code Enforcement violation numbers (CC#'s) and Municipal Court Docket numbers are not easily correlated, gathering this information is next to impossible and may require the intervention of an elected official.

- Code Enforcement officers are also not notified of the results of Municipal Court decisions on their cases, so even if they are contacted by the tenants, they cannot provide this information. 

- Lack of information on Municipal Court decisions makes it difficult for tenants to file Small Claims Court cases.  Tenants with severe issues can easily win a couple thousand dollars, but without documentation on the Code Violation, it becomes difficult

- The City of Newark is not utilizing Code Enforcement as a revenue-generating program. Fine structure needs to be increased so that it carries the salaries of the department, giving the city incentive to hire more staff.  Also to provide revenue to offset property taxes.

Eric Martindale spoke on this at the February 3, 2010 city council meeting, and the comments were well-received by the city council and the audience. Click here to see:  speech of Feb 3, 2010

(5)    Allow tenants to testify at court cases brought by Code Enforcement upon landlords, and to specifically notify the Tenant Association in the building (if any) of any upcoming court dates. The 380-402 Tenants Association has partial progress with this; and the Municipal Prosecutor refers to it as "a special case" because it was demanded by our Councilman. We want it to be policy city-wide, not a special case just for one complex.

(6)    Ensure that elected officials become more supportive of tenant issues.

(7)    Monitor the actions of Landlord-Tenant attorneys hired by the owners and managers of buildings throughout Newark.  Document any excesses. Encourage tenants to file ethics complaints, if necessary, against offending attorneys. Make sure that the proper serving of notices and evictions are in practice. Attorneys are filing "Notice to Quit" actions in Landlord-Tenant Court for tenants late paying rent, without following the regulations which outline when such action is allowed.  Tenants are being hit with legal fees to clear their accounts.

(8)    Make sure that tenants get heard completely in Landlord-Tenant Court, regardless of whether they are represented by legal counsel.  Ensure that allegations by management are substantiated with legal proof.  End the game of management lying to the court by saying "the tenant didn't cooperate with providing us access into the apartment".

(9) Push for more parks and playgrounds.

(10) Identify abandoned houses and buildings which mar the city’s neighborhoods and detract from the Quality of Life, and work within the city administration for their demolition.

(11) Secure a balanced representation of Tenants on the Newark Rent Control Board.  The definition of "Tenant Representative" should NOT include Tenants who are also employed as agents of landlords, or who are the retired agents of landlords.  (added July 27, 2008) 

(12) Resolve the issue of spam-blocking on the city's web server. Tenant activists find themselves unable to email any city officials.  Their IP addresses get added to the city's spam blocker. We cannot confirm if this is done deliberately on an individual level, or if the city's web server automatically adds anyone who frequently emails city officials.  We have identified the responsible party as Edward Lambert, but getting the issue resolved has proven impossible for over two years. The inability to email city officials is tremendously holding back citizen activism of all kinds in the City of Newark  (added July 26, 2009)
 
What each tenant organization or individual tenant activist can accomplish, on their own, is small compared to these larger goals.  Until such time that a Tenant Resource Hub is established, tenants throughout the City of Newark and beyond can refer to our website for advise.

                                        OUR VISION FOR NEWARK

Although individual tenants can and do have opinions to the contrary, the majority of our supporters want Newark to become safer, more economically vibrant, and a bit more upscale in the city's downtown. Or perhaps we should say "less economically depressed" in the city's downtown. We are against crime, drug problems, and gangs.

We don't get involved in the politics of Newark. But we do support the plans of the Cory Booker administration for the emergence of a trendy community in the downtown of Newark, in order to create thousands of jobs for the hard-working citizens of Newark and to improve the image of the city as a whole. It is important that any new buildings are inclusive to people of all walks of life. There is a vision of downtown Newark becoming a thriving and diverse place, like parts of Manhattan. We have no objections to mid and high-rent buildings being constructed in or near the Downtown, as they would add to the diversity of the existing housing stock. Diversity is good, both culturally and economically. What's most important in Newark and the world is that the human condition improves and civilization advances. Households that are economically stable are often the ones that can contribute their time and money towards improving their community.

Our founders at 380 and 402 Mt. Prospect Avenue started this effort by campaigning to prevent two of the best buildings in Newark from falling into neglect and disrepair. Tenants who demand a high quality of life shouldn't be driven out of any building in Newark.

We want stop buildings  from falling into a deepening spiral of crime, poverty, neglect, and disrepair.  We know these problems feed upon each other, and they worsen as concerned tenants give up and more. As problems worsen, the history of Newark is that many privately-owned complexes have been abandoned and boarded up. In the last few years alone, many complexes have been lost. There are 4 problems with this.

(1) That's a total business loss for the owners.  

(2) It destroys the tax base of the city. The loss of tax revenue hinders the ability of the city to provide needed social services for it's citizens,

(3) Buildings on their way down cause a much greater burden on city, county, state, federal, and non-profit resources, including police, fire, code enforcement, courts, education, and social services of all kinds.  The cost to the taxpayer becomes astronomical, and

(4) Tenants who are caught in declining buildings have their lives tragically affected in so many ways: 

- Their quality of life is affected by code violations inside their units such as leaks, crumbling plaster walls and ceilings, mold issues, no heat, broken appliances, etc, or due to the deterioration of common areas including hallways, lobbies, elevators, etc.

- They feel insecure, and they live in fear of thugs and gangs, or vicious dogs,

- They or their friends, neighbors, and family members become the victims of crime,

- They watch as their children or grandchildren abandon the values of their families or their faith, and they become part of the gang and street scene.  Many wind up incarcerated or involved in troubled relationships. Others, especially men, become poor examples as a parent, perpetuating a cycle of troubles to the next generation,

- It's generally a cultural, moral, and spiritual drain on the human condition.

- Ultimately tenants are forced to move as their building becomes too unsafe and unbearable, or it becomes completely abandoned.

We feel it is important for our readers to have an understanding that all four problems exist, however it is the tenant problems that we are focussed on.

There was no organization in Newark directly focussed on these tenant problems before we came onto the scene.  Landlords typically don't care about these problems, they just want the rent to be paid on time. Their law firms are getting more ferocious, sometimes abusing the law and over-stepping the bounds of attorney ethics. The legislature of the State of New Jersey no longer has the committment to tenant interests that it had in the past.  Nor does the City of Newark, simply because tenants are not as organized as in the past, or because certain tenant leaders have alienated city officials. We hope to counter these trends. We differ from the HUD Tenants Coalition, which at times opposes redevelopment and/or economic development.  The organizations do share many common goals, and we agree that it is in everyone's best interest if city officials hear from more tenant leaders.

We generally support social services of all kinds and we agree that creating more housing stock for the economically disadvantaged is important for Newark; it just isn't our focus. There are dozens of organizations which focus on those problems. They are doing good work, and we wish them the best. 

To a large degree, all the public and private social service organizations are focussing on the results of what happens when buildings decline.  We want to stop it from happening in the first place. Our goals are similar, we're just attacking the problem from different ends. Wasn't it Ben Franklin who said "An ounce of prevention is worth a pound of cure".

Before our formation, there was no organization in Newark who's primary focus was on Code Enforcement, Quality of Life issues, safety issues, and the prevention of crime, especially as they pertain to tenants. Our goal is to fill this gaping void in Newark's network of activists and non-profit groups.

Our focus is strongly on our QUALITY OF LIFE. That is the fundamental difference between the two Newark-based tenant organizations. We want to keep our buildings and our neighborhoods CLEAN, SAFE, and QUIET for ourselves, our neighbors, and for our children. Most of our supporters are working-class and middle-income tenants who believe that Newark has turned the corner, and stands ready to become the jewel of the Garden State.
 

      TENANT RESOURCE DIRECTORY

                               HOW TO SOLVE ANY PROBLEM

Newark Tenants United  info@newarktenantsunited.org


Before going any further, it is important to know all the players involved.  It is good to know the chain-of-command in your building.  Keep in mind that in smaller buildings, some of these positions are eliminated or merged together. Any building over 140 units typically has all the levels here, and buildings under 70 units are always missing some levels.

THE HEIRARCHY OF AUTHORITY IN MOST BUILDINGS 

LEVEL #1 = Managing Member
LEVEL #2 = Limited Liability Corporation (LLC) or Corporation (aka "THE OWNER").
LEVEL #3 = Chief Executive Officer (CEO)
LEVEL #4 = President
LEVEL #5 = VP of Operations or Director of Operations
LEVEL #6 = Owner of the Property Management Company
LEVEL #7 =  Property Management Company
LEVEL #8 = Property Manager
LEVEL # 9 = Superintendant
LEVEL # 10 = Black Seal Boiler Operator
LEVEL # 11 = Security Guard
LEVEL #12 = Maintenance Staff

For details, click to see:  Heirarchy of Authority in Apartment Buildings


TAKE MANAGEMENT TO LANDLORD/TENANT COURT, with you as the Plaintiff: 
This is a work in-progress:

Click here to download documents:

Small Claims Court forms   (for claims up to $3000, or security deposit up to $5,000)
Instructions for Small Claims Court         
Special Civil Complaint forms    (for claims $3001 to $15,000)
Instructions for Special Civil Court

If management is not completing repairs in your apartment, tenants in New Jersey have been told by the New Jersey Tenants Organization to not pay your rent, get hauled down to Landlord Tenant Court as a Defendant, hand your rent money over to the Court, and state your case. 

However, we've found that your hand is strengthened by becoming the Plaintiff.  And as a Plaintiff, you could win a monetary award of thousands of dollars.  As a Defendant, you are lucky to get a couple hundred. This tactic really has the potential of forcing your landlord to be a better landlord. And once you've done it once, any future repair requests will be a priority to complete. 

The following are the steps to take for any resident of Essex County to become a Plaintiff:

(1)  Go to the Superior Court, Landlord Tenant Office on Martin Luther King, Jr Blvd.  Use the MLK entrance.  The Landlord / Tenant office is in the old building, 2nd floor, room #      .  It's one of the most heavily visited offices in the building, and passers-by can direct you

(2) Ask for a blank complaint to fill out.   click here to download a blank complaint   coming soon

(3) Ask for general instructions

(4) There are costs involved in filing, unsure how much.  Probably around $80 ? and you'll get this back at the end from your landlord.

(5) You'll get a letter in the mail for your court date, and so will you landlord.  They know they are the Defendant.

(6) Your Landlord may go through the time and expense of filing their own case against you, as if you are the Defendant.  If this happens, when either case is called, demand to have the cases consolidated with you as the Plaintiff.  You will win this.

(7) When your case is called, come to court with a bank-certified check or money-order that is the exact amount of your monthly rent.  Leave the "to" section blank.  Chances are the court will want you to write "Treasurer, State of New Jersey" and to put your docket # and unit # in the lower left corner.  Do not come with a personal check or cash.  Do not go to court without money, that's a big problem.

(8) You will likely be given the chance to "settle" your case before it gets to the Judge.  Your money will get put into an escrow account, and management will be ordered to make the repairs.  You'll have to come back to court.  This is also where you negotiate your monetary award.

      
 GENERAL ADVICE ON GETTING YOUR REPAIRS COMPLETED:

DO NOT REPORT REPAIR ISSUES TO A SUPERINTENDANT and especially never to a MAINTENANCE PERSON 
REPORT ISSUES DIRECTLY TO THE PROPERTY MANAGER !!!  That's his or her job.
   - OR -
DIRECTLY TO THE WORK ORDER EMAIL: workorders@auduboncommunities.com (for Audubon Center only)

Issues reported to Superintendants or maintenance staff don’t count as being officially reported.  The buildings are short-staffed, they don't want to increase their work load, and they are way too busy to act as a go-between with the Property Manager. 

Documentation is important, including email correspondence, in addition to a phone call.  Keep a file folder specifically for repair issues. Keep all correspondence.  

Here are the steps that you need to take

(1) send a certified letter to your property manager and keep the green signature card once it is returned to you.  If you can cc: it to the building owner, do it
(2) send a copy to their email, and to the Tenants Association in your building, if any

In the letter, state all of the following which are in bold and quotes:

(a) "tenants have the legal right to have the repairs done by an outside party, submit the invoice and and deduct the amount from the next months' rent. This is allowed in the State of New Jersey, and you do not have the right to charge a late fee".  When the time comes, the second letter outlines that you made the repairs with an outside party, and that you are deducting "X" amount from your rent. Submit this letter with your rent, minus repair costs. (better keep copies of all these documents, never give them the original).  If you are taken to Landlord Tenant Court for not paying the full amount, have yet another copy of your original letter, your repairs invoice and your 2nd letter for the Court, and you are almost guaranteed to win.  Don't go to Court without your file of papers, and don't give the court your only copy either.  Worst case scenario, have your checkbook on hand to pay your rent, but this is very unlikely. You will absolutely NEVER be evicted under this scenario.

(b) "tenants have the right to withhold rent in an escrow account until the repairs are made." Explain that if you are taken to Landlord Tenants Court for non-payment of rent, that you will come to court with your checkbook, and that you will ask to deposit the rent check with the court, to be held in escrow, until the repairs are made. 

(c) that you "will be contacting Newark Code Enforcement and submitting a detailed list of unit repairs." See below for more info.

(e) That you "will be copying all correspondance to the Tenants Association in your building" (if any),

(f) That you "will consider taking them to Small Claims Court", and generally,

(g) that "I know my rights, but I first want to try to work with management in a responsible manner to get the repairs completed without having to take further actions", and

(h) set an absolutely time deadline for the repairs to be completed.  2 weeks is reasonable.  Give them a phone number to reach you,

(i) advise that you "will like to schedule time for them to have access into the apartment."  This is important because the standard defense of management, in court, is to claim that they wanted to fix the unit, but the tenant denied access.  This is heard hundreds of times, every month, in landlord tenant courts all across New Jersey.

(3) Once the letter is sent, document their responses. Keep everything in a special file.

(4) Document every times they are a "no show" for unit repairs at a scheduled time

(5) Don't waste too much time playing the cat-and-mouse game of being home, or having someone home for repairs.  Once the time deadline is passed, the next best bet is to contact Newark Code Enforcement, and in some cases, the Newark Health Department.

 See also “Issues for Newark Code Enforcement”  and "Issues for Newark Health Department".


ISSUES FOR NEWARK CODE ENFORCEMENT: 
Can be reached at 973-733-6471, make sure to get a Citizen Complaint # (CC#). Inspectors work between the hours of 8:30 am- and 10:00 pm, after which an answering service will take your call. It’s best to call 8:30 – 4:30 for most issues. Except for elevator outages, contact building management first for all code-related issues and tell them that Code Enforcement will be called if the problem isn’t fixed. Then do it if management isn’t responding to your satisfaction.

General Number to report a violation:  973-733-6471.  Start by calling this number, not the below people.

Tommy McDonald is the Acting Supervisor of Code Enforcement. He can be reached at 973-733-8040 or mcdonaldt@ci.newark.nj.us.  He is in charge of Code Enforcement for the entire city, and all the inspectors report to him. He reports to Melvin Waldrop, Director of Community Affairs
Inspector Pomales (Ruth Pomales) is one of the inspectors who is familiar with Audubon Center. 
Inspector Wilder is the other inspector assigned to Audubon Center for the purposes of Court action.
Melvin Waldrop is the Director of Community Affairs.  He is a Department Head, which is a high position at city hall. He can be reached at waldropm@ci.newark.nj.us, but try to work with McDonald before contacting him.  Waldrop reports to the City Manager, the City Council, and Mayor Corey Booker.
Councilman Anibal Ramos should be contacted if Code Enforcement doesn't do their job.  mailto:ramosa@ci.newark.nj.usor his office number 973-733-5136.

HERE IS THE CODE ENFORCEMENT PROCESS:

(1)  After you call, Code Enforcement will send out an Inspector within 24 hours. 
(2)  So if the problem is inside your apartment, be prepared to be home or have somebody at home to let them in.
(3)  If they find a violation, they will send a certified letter to management.
(4)  When the green card is returned, management has 24 hours to fix the problem before a 2nd inspection. 
(5)  If the problem still hasn’t been resolved, they set a Court date for management (you don’t need to go) and fines may be issued.  Typically a court case takes a few months to reach the court.
(6)  If you need to follow up with a Supervisor, have your CC# before you call. Her name is Ms. Thomas 973-733-5605.
(7) If the case goes to court, Municipal Prosecutor Clyde L. Otis covers these type of issues.  31 Green Street, Room 313, Newark, NJ 07104.  973-733-7035  fax = 973-733-4786

The Newark Code Enforcement Dept. will respond to several categories of issues:

(1)DETERIORATION OF WALLS, CEILINGS, FLOORS, CARPET:  Plumbing leaks from the the heating/AC riser pipes is a Code Enforcement issue.  Any associated bubbling, crumbling, and other deterioration of ceilings, walls, or flooring is a prime Code Enforcement issue.  Our riser pipes are old and rusted, and these problems are now very common.  When the inspectors come and see these problems, it's always written up as a violation of Newark's housing codes.

Contact building management first and tell them that you will contact Newark Code Enforcement and the Tenants Association if the deterioration is not fixed immediately. (Hint: by showing management that you know the process, they will take you very seriously.)  They are more likely to respond and fix it.  Those tenants who do this are prioritized, those who don't may wait forever for your repairs.  Tenants who pay their rent on time also rank much higher on the maintenance priority list.  Tenants who threaten to pay their rent into an escrow account, instead of to management, until the repairs are made will move even higher on the list.

Note that in the Fall of 2008, Audubon Center stopped using the Russian contractors who fixed up units for new tenants to move in. They are now using the Superintendants and maintenance crew to fix vacant units. This means that the Superintendants and Maintenance persons have little or no time to fix problems inside occupied units and to clean common areas.  Now they think that the new Superintendant of 380, Stephen Lewis, will be some sort of Superman who can fix everything.  Even if he accomplishes a bit more than than Alberto, he's only human. The bottom line is that the buildings are short-staffed.  Don't blame Cheryl Cook or the Super's or the Maintenance staff for not fixing your problem. The fault lies with the BUILDING OWNERS for running these buildings too lean. For not providing the funds or the manpower needed. There is now a huge and growing backlog of occupied units waiting for repairs, especially repairs related to riser pipe leaks and bursts.  Filing a code enforcement violation has become the only effective way to get things done around here.

(The primary duty of our staff is to get new tenants moved in, so that Audubon can receive rental income instead of another unit sitting vacant.  More units are vacant than ever before, and the rent roll is down. It has become difficult to rent units here because of code violations in common areas, and especially because there are no security guards in the lobbies. Both have seriously affected the supply/demand equation. In many cases, they have no choice but to rent to people who really can't afford to live here. New tenants increasingly wind up late on rent, and in court for eviction)

These are considered “habitability issues” by the Court; you have the right to demand a rent reduction or to withhold rent by paying rent to an escrow account.  If your problem gets this involved, contact us directly for more advise. Keep in mind that if the issue winds up in court, management’s STANDARD RESPONSE  will be to lie and say that you failed to allow them access into your apartment.  Therefore, document everything, especially if they fail to come during the promised hours. For serious problems, send certified letters and keep an email log of everything.

(2)NO HEAT, NO AIR CONDITIONING, NO HOT WATER:  These are all code enforcement issues.  However, use reasonable discretion before contacting them.  It is best to contact building management first. Some of these complaints can be resolved , even during non-business hours because each building must have a Black-Seal Certified Boiler Technician living onsite who checks and records the status of the systems every two hours. On many occasions during normal business hours, outages are temporary and deliberate in order for maintenance work to occur on the 4" riser pipes that carry hot or cold water to the heating/AC units.  If any unit above or below you is undergoing plumbing repairs, your plumbing line will be shut down for a few hours. 

We do not want residents to contact Code Enforcement due to scheduled intentional outages of heating, AC, or water supply (these are needed for plumbing repairs) because these are not violations.  It’s a waste of their time, don’t be “crying wolf”

Residents can ask for a special hearing at the Newark Rent Control Board for "no heat". Must be documented.  Currently, they are not allowing representatives of buildings to petition for the entire building.  This is a policy decision that is hostile to tenant rights.  2 residents of 402 Mt. Prospect successfully petitioned the board in 2009, and got a one-time rent reduction of 45%.

(3) ELEVATOR OUTAGES:  Contact building management first, especially during overnight hours. During regular business hours, the Super’s and/or maintenance staff generally find out within 15 minutes, either from a resident or they see it themselves. They contact management immediately.

 In the event that a major elevator outage occurs, contact Code Enforcement, and get a CC# for the complaint.  Especially if you see that an elevator is down for an extended period of time, it is important to start the process.  Email the Tenants Association and give us the CC#. 

If stuck in an elevator, try the emergency button and/or call somebody on your cell phone to get management’s hotline # and then call them.  Maintenance staff have a special key to rescue you. They enjoy proving that they can rescue someone quicker than the fire department can arrive here, so try them first before panicking and dialing 911 on your cell phone.  We don’t want to burden city resources in any instance when the building can take care of itself.

(4)ORDINANCE VIOLATIONS:  If anyone determines that management is in violation of any city ordinance, Newark Code Enforcement handles this as well.

 ISSUES FOR NEWARK HEALTH DEPARTMENT:

 They can be reached at 973-733-7600. Contact building management first for all health-related issues. The Newark Health Dept. will force a timetable for management to respond, and if the issue isn’t resolved by a set date they will take management to court (you don’t need to go) and fines will be issued.  The Newark Health Dept will respond to several categories of issues:

 (1)  Mold and mildew (it is particularly unsafe for babies to breathe black mold)

  (2)  The cleaning of vents and heating units

  (3)  Unsanitary conditions and odors in the building, apartments, and terraces

  (4)  Pests such as rats, mice, bedbugs, fleas, cockroaches, etc.

  (5)  Exotic pets which are prohibited by law in the State of New Jersey.  We don’t expect anyone to move in with a pet alligator, for example, but you never know.

  (6)  Persons who feed pigeons, especially at Fine Fare and the corner of Mt. Prospect & Abington 


ISSUES FOR NEWARK RENT CONTROL DEPT:

REASONS FOR EVICTION:
more to be posted on this.

(J) A TENANT HABITUALLY AND WITH OUT LEGAL JUSTIFICATION PAYS RENT LATE after receiving a written notice to cease paying rent late.  If the tenant pays rent late (2) or more months after the written notice to cease, the landlord may give the tenant a one (1) month Notice to Quit.  Legal action may be instituted one (1) month after the written Notice to Quit. 

Note:  The Courts have ruled that habitual late payments means more than one (1) late payment following the Notice to Cease.  Also the N.J. Appellate Court and Supreme Court ruled that a landlord after giving a tenant a notice to cease late payments, must continue to give the tenant reasonable and sufficient notice when accepting further late payments, that continued late payments from the tenant would result in an eviction action.  If the landlord does not give this continued notice, the original Notice to Cease given to the tenant may be considered waived by the Court (91).

The above text is reprinted, word-for-word from the most recent "TRUTH IN RENTING" document. Landlords and their attorneys may not deviate from this.

RENT CONTROL ISSUES & TERMS OF YOUR LEASE:  Your annual rent increase can only be 4%, that covers all large buildings in the City of Newark. (rental units in smaller buildings and houses are 5%).  If you feel it has not been calculated properly, contact Maria Hernandez at hernandezm@ci.newark.nj.us or 973-733-3675.  This office also has jurisdiction over the buildings on a multitude of issues; the exact extent we have not yet determined.  Hernandez and her staff handle tenant complaints, and report to a Rent Control Board. 

Be advised that the city’s Rent Control office may not be people-friendly. This Tenant’s Association complained to our city leaders about them in 2007 and again in 2008.  If you are not treated courteously, professionally, and completely by the Rent Control Department, report them to the Mayor & Council.

Renee Harris-Robinson has the title Representative, Rent Regulations.  He works for the Office of Board - Rent Control, Dept of Economic and Housing Development.  He can be reached at 973-733-4307.  Fax is 973-733-6366.  Email is Harrisre@ci.newark.nj.us.

Sometime between November 2006 and late January 2007, Audubon switched lease formats. The new leases have clauses that many of us find objectionable.  They no longer state that AC is included as a right. They also give reasons, of questionable legality, for denying return of your security deposit when you move out.

The Rent Control Board hears residents petitions for 45% rent reduction for no heat.

Information on rent control:  coming soon

ETHICS COMPLAINTS AGAINST THE LANDLORD'S ATTORNEY: 

Attorneys representing landlords have become very aggressive, and will often exceed their legal authority by sending threatening letters, or taking actions against tenants which are illegal in the State of New Jersey.  They do this because people don't know their rights.

In the event that you are treated unjustly or illegally by your landlord's attorney, you may file an ethics complaint against him or her. Contact the State Office of Attorney Ethics, 800-406-8594, enter your zip code, and after you are transferred request filing forms. You can also mail them a letter to:  Office of Attorney Ethics, P.O. Box 963, Trenton, NJ 08625.

We advise you to consult with the New Jersey Tenants Organization before making this decision, to determine if the actions taken constitute a breach of ethics.  Strongly consider this even if your attorney advises against it. There is an unwritten code among attorneys to NOT recommend ethics complaints against their peers.  It's almost like a "nuclear option".  However, ethics complaints have proven to be a very effective tool at reigning in on aggressive attorneys.

POLICE & FIRE ISSUES:
http://newarkpdonline.org
 FIRE:  Call 911 before calling management.  There are fire alarm boxes and fire extinguishers in the hallways on every floor.  yes, it's for you, the tenant to use.  Aim fire extinguisher at the base of the fire.

DRUGS, ILLEGAL ACTIVITIES, GANGS:  Newark Police and building management both encourage tenants to report drugs, illegal activities, and gangs. Note that management may not like the police bearing down on them, and may use significant discretion before reporting the information to the Police. 

In order to be assured of complete confidentiality, report any issues of this nature directly to the Newark Police 2nd District Investigative Unit at 973-733-6231. (The Police main number is 973-733-6000).  As long as law-abiding people are the dominant force in our buildings, not the law-breakers, our presence here will be a deterrent against drugs, illegal activities, and gangs.  380/402 is in "Zone 217 of the 2nd Precinct".

VICTIM OF A CRIME:  If you see a crime occur or if you are the victim of any crime, call 911 to reach the Newark Police Department.  Also file an incident report with management if it occurred on building property.

VICTIM OF A CRIME / VANDALISM or THEFT FROM AUTO:  Call 911 or 973-733-6000. The North Ward Police Precinct is currently investigating persons suspected of these activities in our neighborhood, and they keep a database and map of all occurrences.  They want every incident reported, do not assume that they are busy with “serious” crimes and don’t care about this. It is also important for statistics that become the basis for city hall to allocate more police coverage in our area.  Our Police Precinct, North Ward Councilman Anibal Ramos, and several local community associations all want more police coverage for the North Ward.  This is a big political issue. Also file an incident report with management if it occurred on building property.

NON-EMERGENCY REQUESTS:  For the 2nd (North) Precinct, Call their Community Affairs Desk at 973-733-6188 or 973-481-8019. This is the non-emergency number for citizens who need information, have requests, or want to know more about police initiatives in the Community. 

GETTING NOWHERE WITH A POLICE PROBLEM:  Ask for Detective Jose Ocasio.  He is assigned to the Community Affairs desk and is specifically tasked to help residents on Mt. Prospect Avenue to cut through the bureaucracy, or to take reports to ease the waiting time in the Precinct.

CITY COUNCIL AND COMMUNITY ISSUES:

ISSUES ON MT. PROSPECT AVE:  The Mt. Prospect Partnership is a Business Improvement District that launched in early 2009 and has a business office with a full-time Deputy Director.  They handle issues including but not limited to Graffiti, illegal dumping, and loitering, as well as streetscape improvements, storefront improvements, park improvements, issues with police coverage, etc. They have hired Sterling Securities in May. This is a 24/7 security operation which interacts with the police, and specifically patrols all of Mt. Prospect Avenue looking for trouble.

643-645 Mt. Prospect Ave, Suite 2A.  phone = 973-482-2200    fax = 973-482-5900
mailto:mppsid@verizon.net   http://mppsid.com    
Stuart Z. Koperweis --- Executive Director (part-time, shared with Bloomfield)
Milagros Collazo --- Deputy Director (full-time) 
Frank Petolino --- President
Mario Moyano --- Vice President
Arthur Badillo --- Secretary
Jose B. Cohen --- Treasurer
Members are Julia Ferreira, Felix Lopez-Montalvo, Mario Puorro, Chris Virginio, Sylvester Bautista, Fred Williams, Ronald Ollie, and Micheal Sheehan

CITY ISSUES / NEIGHBORHOOD ISSUES:  Write to the Newark Mayor & Council at: 920 Broad Street, Newark, NJ 07102. 

City Council meetings are usually the first Wednesday of every month at 12:30 PM (sometimes 1:30) and the third Wednesday at 7:00 PM, but the times change frequently.  Contact the city clerk at 973-733-3844. Those wishing to speak must fax a letter stating name, address, and one line on the subject matter by the PRECEDING FRIDAY to 973-733-3725 (fax #).  See also www.ci.newark.org for an enormous amount of information on the City of Newark. 

There is also a Mt. Prospect Business Improvement District, which has been 8 years in the making. The organization is "fully funded", and it's first Executive Director started January 1, 2009

PROPERTY MAINTENANCE & GRAFFITI:  coming soon

ISSUES IN YOUR BUILDING:

NOISE COMPLAINTS:  Call management’s hotline #. We want at least one of the Superintendants to be onsite 24/7 to directly handle noise issues in either building.  Newark’s noise ordinance kicks in at 8pm. After 8:00 PM, Newark Police can be called at 973-733-6000 (not 911) for noise complaints, but we’d prefer that the building handle these matters internally rather than take up police time.

BUREAU OF ANIMAL CONTROL ISSUES: 

Contact person:  Bernie Spann, certified animal control officer.  Dept of Health and Human Services, Bureau of Animal Control, 94 William Street, 4th floor, Newark, NJ 07102.  973-733-6294   fax 973-733-6295.

PETS:  We have been informed by Senior management that pets are prohibited in the buildings, except for those which are grandfathered. Senior management wants to be made aware of any new unregistered dogs and/or any unruly pets.  Senior management wants tenants to report all incidents of dogs urinating or defecating in elevators, other common areas, or on balconies.  The dog population in both buildings peaked in February 2008, the day Leslie Rodriguez left the premises.  It has gone down dramatically since then, especially in Bldg 380.  At least 6 pit bulls have been evicted, 2 from 380 and the rest from 402.  There is no tolerance for any large or vicious dog breeds.  Note that the previous dog policy was "20 lbs", therefore some of the "grandfathered" dogs are actually in violation of that policy as well.

NEWARK'S DOG REGULATIONS:   For all Newark Ordinances as of 2009 that affect dogs, click this link:  Title VI Animals and Foul

There is a lot to read.

BEDBUGS and other PESTS:  Bedbugs, fleas, cockroaches, and mice are a serious matter because they can spread to other units. This should be reported immediately to Management so that extermination efforts can be coordinated immediately.  Please also report bedbugs to the Tenants Association as well.

PIGEONS:  Old ladies feeding pigeons at Mt. Prospect & Abington, and also around Fine Fare caused an overpopulation of pigeons. This problem was largely resolved early in 2008, but could resume at any time.  Feel free to confront them on the spot and demand that they cease their illegal activities or be reported to the Newark Dept of Health. If you have a camera, take their picture and email it to us at tenants380402@aol.com. They are soiling our balconies, window ledges, cars, and sidewalks, and even building nests on our balconies.  The city, the police, and the Wesley Towers Seniors Building (444 Mt. Prospect) have all been cracking down on the pigeon ladies.  Any incidents near Mt. Prospect & Abington should be reported directly to Daniel Acosta, Manager of Wesley Towers, at 973-484-4441 so that he can prosecute his residents. At all other locations, report pigeon feeding to the Dept of Health at 973-733-6971.

Note:  The 380-402 Tenants’ Association desires to work together with management and all of the residents here to make our buildings a pleasant and desirable community, and to have all issues handled promptly and appropriately.  

MISC.

Landlord/Tenant Law 101:   http://www.njlawnet.com/njlawreview/landlordtenant101.html
--- By Bruce Gudin of Levy, Ehrlich & Petriello.

Yes, our good friend Bruce Gudin wrote this for the New Jersey Law Network. Gudin is the attorney for Audubon Center, The Pavillion, and many other buildings in Newark.  It contains a wealth of information.  If management deviates from the legal advise of their own attorney, we suggest printing this out, circle the relevant information, circle Gudin's name, and show your property manager. It contains detailed answers to the following questions:

- Q) What are the landlord's obligations regarding a tenant's security deposit?

- Q) When can a tenant withhold rents pending repairs by a landlord, or in the alternative, deduct the costs of such repairs from the rent ?

- Q) What happens when a tenant breaks their lease by vacating prior to the scheduled end of the stated rental term ?

- Q) What are some common grounds for eviction in New Jersey other than non-payment of rent ?

Law Firm for 380/402 (and The Pavillion) :  Levy, Ehrlich & Petriello.  60 Park Place, Suite 1016, Newark, NJ 07102.  973-643-0040 phone and 973-596-1781 fax  www.LEP-lawyers.com. On February 5, 2009, one of their staff lawyers told the Tenants Association to mail them copies of any correspondance sent to management.  This is probably so they can bill management to read the letter.  Attorney Bruce Gudin can be reached at mailto:bruce@lep-lawyers.com

CLEAN YOUR HEATER / AC UNITS:  All tenants are recommended to have their heater / AC units cleaned out by the maintenance staff once every one or two years.  There is a city or state code for this. They can become disgusting with mold and dust over many years. It is particularly unsafe for babies to breathe black mold spores. Having seen the results first hand, we strongly recommend this

UNIT UPGRADES:  Management has been graciously allowing long-term tenants, on a case-by-case basis, to transfer to a fully rehabilitated apartment of the same size without a rent increase. There is a one-time fee to transfer, about $200 or $300.  Historically, long-term tenants have also been able to get carpeting replaced and your walls painted.  Now, however, there is such a backlog of very serious maintenance issues that this isn't being done any more. 

APPLIANCE UPGRADES:  There is no policy to upgrade kitchen appliances.  There are a lot of units with dead dishwashers. This is a Code Violation.  If they won't upgrade it, call code enforcement.


AUDUBON CENTER CONTACT INFO:
only for residents at 380 & 402 Mt. Prospect Avenue

380-402 CONTACT INFORMATION
24/7 hotline:            866-290-5685   as of 7/8/2008
fax#:                        973-481-0062
Office:                       973-481-6544
Beeper:                    866-835-1785  Cheryl Cook
work order email:    workorders@auduboncommunities.com
Cheryl's email:         ccook@auduboncommunities.com

Tammy's email:        tshields@auduboncommunities.com   Tammy Shields runs all properties in all states, if Cheryl cannot resolve your issue, Tammy is the next step higher on the food chain.

PROPERTY MANAGER:  Cheryl Cook,   as of Dec 2008
Temporary Property Manager is Cynthia Gainous, as of Late July 2009.
                                    Business hours:    Management office on ground floor of #402
                                    Emergency:           Bldg #402, Unit #11C

SUPERINTENDANTS:    Building #380:   Stephen Lewis, Building 380, Unit 14B  (as of Feb 2009)
                                      Building #402:   Jose Reyes, Building 402, Unit 9E

PORTERS:                      Building #380:  Ismael Garcia (as of July 2009)
                                      Building #402:  Julio Castaing (re-assigned from 380 to 402)
                                      Assisting:          John Robles, Jr. (Cheryl's son)

LEASING AGENT:        None as of Mid-January, 2009.  Kim is gone.  Cheryl has absorbed these duties.  Ross Reitz is the college intern for June, July, August 2009.

REPAIR CONTRACTORS:    None as of Fall, 2009. The Russian crew are no longer being hired.  Superintendants and maintanence staff are upgrading vacant units and addressing common area issues instead of fixing problems for existing tenants

BLACK-SEAL CERTIFIED BOILER OPERATORS:  (certified in accordance with the law)
            Bldg 380:        Superintendant Stephen Lewis  (resides in 380, #14B)
            Bldg 402:        Superintendant Jose' Reyes  (resides in 402, #9E).  Supposedly he is now certified.

SECURITY STAFF:   24/7 in the lobbies
      380 security desk:    973-481-0211   Alfredo works 7:00 AM - 3:00 PM
      402 security desk:    973-686-6068   Maria works 7:00 AM - 3:00 PM
      Unarmed:   Maria (lives in 380, 4th floor).   
      Unarmed:   Alfredo (lives in 380, 14th floor)       
      Unarmed:   several others, as assigned by Fidelis
    FIDELIS SECURITY:  Eric Vega, President.  201-686-6068  fidelisssecurity01@gmail.com

380-402 Tenants Association
      Chair:          Eric Martindale,  380, #10C   973-820-8881    ericmartindale@optonline.net
      Vice-Chair:  Vincent Britt

Regional Office – Audubon Communities:                  Corporate Office – Audubon Communities:
1000 South Lenola Road, Maple Shade, NJ 08052       15 W. 39th Street, Suite 800, NY, NY 10018
Phone : 856-914-1700                                                  Phone: 212-279-9600     Fax: 212-279-0887

Andrew Schwartz is the CEO of Audubon Communities, Charles Reyher is the President, Gavin Sachs is the Senior VP, and Tammy Shields is the VP of Operations.  Our property manager, Cheryl Cook, reports directly to Tammy Shields. Aububon owns and manages buildings in at least four states. Contact Tammy Shields or Charles Reyher at the Maple Shade office if you are dealt with in an unprofessional manner, or if your issues do not get handled in a complete and timely manner.      

OTHER RESOURCES:

New Jersey Tenants Organization  www.njto.org   contact person = Mitch Kahn
located at ____ Main Street, Hackensack, NJ 07601. 201-375-3775.  Members of the 380/402 Tenants Association are automatically members of NJTO.  You can use this resource for serious issues

Newark HUD Tenants Coalition --- assists low-income tenants with Section 8 vouchers.  They are a larger organization than us, with state or federal funding and a paid office manager.  However, they are very much behind the times, and they have no website.

City of Newark  www.ci.newark.nj.us (see Quick Links on right column of city's website)

North Ward Councilman Anibal Ramos, Jr.  973-733-5137   www.anibalramosjr.com
Ramos has an office on Summer Ave just south of 2nd Ave.

DISTRICT 29 STATE LEGISLATORS (all three are Democrats)
State Assemblywoman Grace Spencer           223 Hawthorne Ave, Newark, NJ 07112  (973) 624-1730
State Assemblyman Alberto Coutinho            73-75 Ferry Street, Newark, NJ 07105     (973) 589-0713
State Senator M. Theresa Ruiz                       166 Bloomfield Ave, Newark 07104          (973) 484-1011
     (These people represent us in Trenton, not Washington, D.C.)
http://www.njleg.state.nj.us/members/roster.asap

President Barack Obama:  White House, 1600 Pennsylvania Ave, Washington, D.C.

                      

NOTE:  This is a work-in-progress,  and it will be updated as needed.