Hoboken Legal Beagle – 12/9/2008

12/9/2008:

Today, a simple inquiry as to what might happen to a rent-controlled building after a fire.

hoboken-rent-control-fire.jpg

Rent controlled buildings and fires

“If an apartment building is under rent control – and a fire takes place, what is the official law in Hoboken if the building is rebuilt – and the original tenants want to remain?

If insurance pays for the renovations, shouldn’t it remain rent-controlled until they decide to move out?”

Hoboken411 Legal Beagle says:

Hoboken411 Legal BeagleAs with everything, it depends on the facts, if the building is totally destroyed or bad enough to be eligible for a gut rehab, as defined by the rent control ordinance, the units would be decontrolled and the first rents would establish the new base rent for rent control.

However, if the units were not that destroyed, for example with only smoke and water damage, then the rents would not get decontrolled but the landlord may be eligible to get a hardship rent increase. In most cases, where the damage is not extensive, the tenants would be offered the right to come back into the unit. Also rent control would remain even if the displaced tenants did not rerent the units. In order to decontrol the rents the Landlord would have to go to the rent board and request the decontrol, it would not be automatic.

By the way, Insurance payments, in and of themselves, would not be determinative of what rent the Landlord could charge.

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13 Comments on "Hoboken Legal Beagle – 12/9/2008"

strand tramp
Member
strand tramp

look CA, go to the little search box at the top and type in mcswiggans and you will have weeks of reading. enjoy.

8thStGuy
Member
8thStGuy

[quote comment=”122433″]What happened with the residents of that building? Where are they now?[/quote]

Oh dear! I’m afraid we are about to wake up the sleeping giant….. giant fucking nutcase!

CreativeAngel
Member
CreativeAngel

What happened with the residents of that building? Where are they now?

ewt7178
Member
ewt7178

The building was so badly damaged that the mortar between the bricks no longer existed. They were worried that the building would come down on its own and the closed off the entire corner. You could see holes in the bricks from the street.

CreativeAngel
Member
CreativeAngel

Thank you. I remember how long the tenants were left without a home. But I didn’t know that all of the apartments were gutted…

I don’t know about rumors. But I do know that people do dumb things. And “cigarettes in the basement” sounds pretty dumb to me.

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