8/26/2008:

Today’s “to the point” Hoboken411 Legal Beagle segment is about student housing in Hoboken.

Is student housing OK in residential Hoboken?

“I am a resident and taxpayer in the northern section of Hoboken, and it has come to my attention that there are units in my building that are being rented/leased for the purposes of student housing.

Are there particular zoning laws, or rules and regulations that either permit or prohibit this practice?”

Hoboken411 Legal Beagle says:

I suppose your referring to Stevens Institute of Technology, which does provide housing for students in different building throughout Hoboken (at least on Washington and Hudson Streets). There is nothing wrong, from a zoning and legal perspective with a Landlord renting units to Stevens and then Stevens subletting them to students. If Landlord allows such an arrangement the Law would not interfere. As long as the units have kitchens and do not become “rooming houses” (see Hoboken City Code) there is no nothing improper with such an arrangement.

• ROOMING HOUSE – Any dwelling or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator.
• ROOMING UNIT – Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

8/6/2008:

Today’s Hoboken411 Legal Beagle segment deals with dangerous sidewalk conditions, and who’s responsibility it is to fix them. I’ve personally heard a few people having problems with this exact stretch on 11th Street.

Maxwell’s doesn’t care about their sidewalk!

“Who is responsible for ensuring that the sidewalks are maintained and don’t create any potentially unsafe conditions?

Much thanks!”

Hoboken411 Legal Beagle says:

Well the Legal Beagle doesn’t specialize in personal injury (PI) cases, but this is the kind of case that makes a PI attorney drool!

Your kind of case is called a slip and fall. Since this is a commercial building, not a one-three family building, the building owner or Maxwell’s itself (depending on the lease) are liable for such an obvious unsafe condition. Since the City of Hoboken may be responsible for this unsafe condition, not likely under NJ law, but if so, you would need to file a Title 59 Torts Claim Notice with the City of Hoboken with 90 days of the accident.

But your job is not to worry about who is responsible but how to get the best possible lawyer. First, you did a great job with the pictures but the attorney you hire must immediately send out an expert to analyze the site (or is that sight, like what a horrible sight, hmm I wish I could cite some authority), and once at the location the expert will take measurements, note the general conditions, including the trees and lights, and then give a professional opinion that the area is unsafe.

SEE THE REST OF THE BEAGLE’S RESPONSE AFTER THE JUMP!!

[Click to continue reading the rest….]

7/22/2008:

Yep, yet another “mini” Hoboken411 Legal Beagle entry today…

Archstone sucks!

“I have lived at the Archstone Hoboken Apartments for approximately 1 year. Recently, there was a fire in the laundry room which resulted in over 500 dollars worth of damage to my property which Archstone refused to reimburse the entire amount. Just last week (July 14-20) there have been 2 false fire alarms in the building caused by faulty wiring in which the fire alarms sounded for over an hour each time. At over 3000/month for a one bedroom apartment, these living are unreasonable for the amount of money I am paying to live in such an environment. Is there legal/monetary remedy for these inconviences? ”

411 Legal Beagle says:

Honestly, there is no cut & dry legal remedy for these inconveniences on a one to one basis.

The only thing that might reasonable work is a rent strike by all the tenants, but with the Landlords ability to raise rents, even though retaliatory rent increases are illegal, I do not believe you would get a majority of tenants to hold back their rent.

The better question might be if you can get out of your lease early because of the landlord’s failure to maintain the building, that may be more possible then getting any relief in court.

Frankly speaking, $3,000 a month for a one bedroom unit that building is too much, its like $2,500-2,800 on the waterfront.

You ever consider moving out? Why submit to such torture?

7/18/2008:

Your third and final dose of the Hoboken Legal Beagle segment this week!

Tenant / Landlord issues, again

“My boyfriend and I rented an apartment in Hoboken through a real estate agent about 4 months ago. Since then, we have had multiple problems with the landlord. An oven that was broken when we moved in took 2 months to fix, the roof fell as a result of heavy rains and flooded our apartment and it took the landlord more than 3 days to fix and only after we went to City Hall and had an inspector come to the place, and the landlord would constantly let himself in the apartment without notice and while we were there. More importantly, after we went to City Hall we discovered that the landlord was renting illegally an apartment in the attic, which is a serious fire hazard. City Hall is dealing with this on their own.

I honestly hope that not all landlords are like this! We are very disappointed.”

411 Legal Beagle says:

Yes the joys of tenant life have no limits. With two bedroom rentals hovering around $2,400 a month and a Realtor fee to match you have a right to be upset. I would recommend going to the original agent and state your case to the agent and the broker. Since many apartments are on the MLS, you might get an similiar unit and your original realtor might very well work a deal with you. But unless there was actual notice it will not be easy to sue the realtor.

This is the kind of matter that you can go to court pro se, for yourself, and have a chance at winning. I would recommend hiring a lawyer for a small fee, $250-$350 to help you fill out the forms and answear questions about how to proceed.

Also check Hoboken’s rent control office and get a legal calculation of the rent to see if you were being overcharged. There is no better way to express your disapointment to your landlord that forcing him to roll back his rents and pay for overcharged back rent.

It is simply wrong for Landlords to act like this. The better and newer the building the less problems like this occur, but then the rents get to be very high and there is no rent control for buildings built after 1986.

7/17/2008:

A bonus Hoboken Legal Beagle entry for today!

What’s up with abandoned buildings?

“I have a question about abandoned buildings.

Any idea what can be done here?”

411 Legal Beagle says:

I answered a similar question a while ago where the next door building’s garbage was causing a nuisance. You can refer to that answer for a detailed and for most people, an unrealistic way of bringing in all city agencies and sending certified mails and getting your council person involved to try and help.

But this is an even worse situation, since it is very hard to enforce the laws if the person you are enforcing them against just doesn’t care. And with an abandoned building in Hoboken you have to figure that something is wrong. If I were to take this on as a attorney client matter my initial retainer would be at least $750 to just investigate the matter and then, depending on who owns and is ultimately responsible for the property, could possibly file a lawsuit to compel the upkeep of the property. But then the cost would be at least $2,500 for instituting a lawsuit that may not solve your problem. (and then or course your legal bills become an even a bigger problem! )

I do know the health department will get involved, if they can find the owner. But with abandoned buildings it is never easy to find an owner. This is how neighborhoods deteriorate, one building after another. It happened in Hoboken during the 60’s and 70’s and it was not a pretty site.

7/15/2008:

The Hoboken411 Legal Beagle is back from a relaxing break (and it seems to have had an effect!)

Squeaky Mattress Neighbors

“I’m a long time reader, first time writer. I couldn’t figure out how to ask a question of the legal beagle, but also figured you might have had this question asked before. I have lived in Hoboken for a while and been in this most recent apartment uptown for nearly a year. Recently it seems that the tenant upstairs has built a relationship with a boyfriend or girlfriend. I don’t know them and I’m not really in the building enough to know many of the other tenants, but over the past few weeks while I’m trying to sleep, I can hear them upstairs (and I don’t mean just walking around).

It doesn’t go on for an exhorbitant amount of time, usually about 15-20 minutes. But they have what sounds like a spring mattress on a box spring on one of those metal frames. So a few times a week while I’m trying to sleep I am treated to the incessant squeaking of the spring mattress. If I was very well off, I’d love to just send them a new mattress with a more solid frame to prevent the constant squeaking, but I am not. I’m not looking for any sort of legal action, but do you have any suggestions of things I can do? After how many times of asking them to please do something to quiet the sounds should I go to the management company of the building (if at all)? I’m used to settling things on my own, but since this is my first apartment with a real management company, I don’t want to take any actions that might effect my ability to renew my lease.”

411 Legal Beagle says:

Situations like this, when the noise at issue is not loud enough to be a nuisance but clear enough to be disturbing must be handled in a delicate manner since the management company and the courts cannot force the situation. I say go with your first instinct to try and handle this on your own but do it anonymously. Basically, hand write a one page letter explaining your problem and asking the person to try and do something to alleviate the problem, maybe getting a carpet, maybe moving the bed, maybe just a new box under the mattress, most likely the tenant is aware of the noise but does not realize anyone else can hear it.

Put some suggestion like I mentioned in the letter and make the tone of the letter almost apologetic on your end for having to bring up this issue. After you write the letter make a copy for your records and slip in under the door. Most likely the tenant will make some changes. Of course, if all else fails, there is the old banging on the ceiling with a broomstick method, maybe a little coitus interruptus will get their attention

Now if that does not work, it after a week or so you are still bothered you can try going to the management company or landlord but if the tenant above you doesn’t have the goodwill to solve the problem the management company and landlord cant really help.

Good Luck!

7/11/2008 Update:

Whoops!

Looks like Hoboken411 gets action once again!

Now, the city website has a “Notice to all Hoboken residents”:

“City of Hoboken residents that own a Hoboken Residential Parking permit have been requested by the New Jersey Motor Vehicles Commission (NJMVC) to remove their Permit Decal from the front of their windshield to the rear of their vehicles to balance the many important issues involving the public at large. “

Maybe if they had listened to people who raised the red flag about this in the first place when John Corea introduced these oversized RFID decals Hoboken’s motoring pubic wouldn’t be in this mess in the first place!

READ THE ORIGINAL JUNE 2008 ARTICLE AFTER THE JUMP…

[Click to continue reading the rest….]

6/13/2008:

One reader asks what’s going on with the locking of Sinatra Field.

Why is Sinatra Park locked?

“I have noticed that since the installation of the new FieldTurf at Sinatra Park, certain groups are keeping the field locked except when in use by certain people or groups. I as did many other residents was accustomed to using the park as open space as it is a great place to go kick or throw a ball with my wife or children. People often used it to jog, exercise, throw a frisbee etc. when it was not in use for games. This was always in accordance with the posted city sign saying it was open to the public for recreational use. I have now noticed that people wanting to do this need to go elsewhere or jump a locked fence… which many people choose to do. It was a great image this holiday seeing parents boosting their toddlers over a locked fence to play. The legal question is this… since I am unaware of any change in the city ordinance, can this people or even myself if I chose to do this, be charged with any crime? Is it trespassing even though it is a city park? Can a city department or a private group affiliated with a city department arbitrarily choose to begin locking a park and denying access to residents and taxpayers? Curious…. would really like to avoid a trespassing charge or perhaps avoid a group of toddlers from getting marched before the judge…”

411 Legal Beagle says:

I mean really what kind of language is “certain groups are keeping the field locked except when in use by certain people or groups?”

Don’t be afraid of the big bad wolf, Hoboken411 keeps it all confidential so come on tell us who are these certain people and certain groups and I, along with an activist core here at Hoboken411 will put and end to these certain scoundrels. In America, the government cannot act arbitrarily, if it does, people write letters, complain, run for office, or demonstrate.

But before you commit yourself to life of crime as a revolutionary civil rights activist, try asking people in City Hall about your concerns.

In fact ask your local councilperson or in fact any councilperson, I am sure they would help!

6/10/2008:

A two-for-Tuesday Legal Beagle special today, with a couple short-n-sweet questions and answers:

Residency without legal documentation

“I am currently living with a friend, without a lease or any legal documentation. I need to demonstrate proof of residency, but have nothing to prove I live there (Mail not acceptable). I was thinking of signing a lease with the friend, just to have something official. Is there a standard lease I can use that could be signed between just the two of us? Or does this require getting lawyers or brokers involved?”

411 Legal Beagle Says:
You can try using a standard New Jersey Realtor lease, it will look really official, but a utility bill is usually what is wanted, just a lease is not enough for most uses, but since you didn’t say why you need proof of residency, there is not much more I can say.

BBQ Code

“I was wondering what the ordinance or the code is for outdoor grills on an approximately 350 sq ft concrete balcony on the upper level of a condo building? Please let me know. Thank you!”

411 Legal Beagle Says:
God help us all if the Government is regulating outdoor grill size, but check with your condo association rules and regulations and also check if the kind of grill you want is allowed, i.e.; propane, charcoal, gas etc..

6/3/2008:

Here’s today’s installment of the Hoboken Legal Beagle Q&A session, with a reader who’s not so thrilled about the noise from a neighboring club.

Thump Thump Thump

“My wife and I recently moved into a new apartment next to a “Bar and Restaurant”. We found out this past Fri/Sat night that this establishment is actually a “Dance Club” and plays very loud music on these nights from 10PM until 2AM. The bass beat permeates the walls and we cannot sleep in the back portion of our apartment (where the bedrooms are) until after 2AM. The front portion of our apartment (where the couch is) is also drowned with loud conversation noise coming from the front of the establishment where bouncers and patrons spend their night smoking and getting in and out of cabs. One neighbor tells us that he’s been fighting for years to have Hoboken’s noise ordnances enforced, but the police just show up and “hug” the bouncers and then visit the neighbor’s apartment and declare that no noise can be heard inside the apartment. Our neighbor reports that City Council has no concern as well. My questions: What legal recourse can assist in getting the noise to stop, or at least diminish? Is there any out we have from our one year lease for failure to disclose poor habitability issues with our apartment? I know establishment owners are “well connected” in Hoboken, but the patrons of this establishment don’t even live in Hoboken, so why must residents be made to suffer?”

The legal beagle says:

First of all you may very will have a good case for getting out of your lease because of the noise issue, start with certified letters to the landlord detailing the problem, make mp3 that you can easily replay and email, and if the landlord does not give you satisfaction try seeing an attorney.

That being said, and with all due respect, didn’t either of you think, hmmmmm, this is Hoboken the land of the drunken person, maybe we shouldn’t live next door to a club, and maybe we should check out that club to see if the music is loud. Your kind of ignorance amazes me, smart enough to write letters, smart enough to shift the blame for your own stupidity to “connected owners”, and “hugging policeman” but dumb enough to enter into a year lease without checking out some basic points. As to suffering, who really cares, it’s not as if the club changed overnight. You’re the perfect example of a person who shouldn’t live in a city, go out to the country and tip over some cows when they moo to loud.

Sorry for the tone of this letter but I cant help ranting about people who blame others when they make mistakes, Say “We F’d up,” can you help us, but blaming the city for not enforcing laws so that you can get a full nights sleep is just silly.