Alister Montclair Legal Fight for Rent Control
Donation protected
We are the tenants of Alister Montclair, a residential apartment complex in Montclair NJ, and we need your help. In the last year, most of the 150+ units in our buildings received 20-40% rent increases, but we learned the landlord could have not raised rent more than 4% provided they are compliant with the rent ordinance. We believe our landlord, Mill Creek, has violated the rent control laws of Montclair.
We find ourselves in a situation where we know our rights have been violated under the law, but even after we fought for months, and managed to get our story out in the press (see links below), tenants in our buildings are still overpaying every month. Our friends and family are effectively being evicted. Some of our once-neighbors have had to move against their wishes, uprooting their families and some face possible homelessness if these increases are allowed.
We used to believe laws would protect us. The law says we should be safe in our homes and protected from illegal rents or illegal rent increases. Behaving lawfully is what citizens expect can keep them safe. But what we have discovered has shocked a community. Despite tenants of the Alister hiring a lawyer and winning the Rent Control Board's legal hearing, our landlord Mill Creek, continues to increase rents to the tune of 20%- 40%, as well as increase monthly fees, and additionally implement new yearly fees. All the while, Mill Creek is appealing the decision of the Rent Control Board in court. This is why we are in need of your help to continue this legal battle and create justice and stability for our community against the greed of this large corporation.
Please read our story as a warning of what is happening all over the country. Join us to make a stand to help save our homes!
Here's our story:
It all started with an email to the landlord....
A tenant emailed the landlord after receiving a little over a 20% increase. Thinking that the town's rent control applied and only 4% increases were allowed., they emailed the landlord. In response the landlord sent the town's ordinance citing the allowable exemption provided all proper paperwork was filed.
The tenant filed an OPRA (Open Public Records Act) with the town to see if the proper paperwork was filed for the building to benefit from the exemption they were claiming. Upon which the tenant found the simple paperwork that would have provided an exemption to the landlord was in fact, never submitted.
Additionally, the tenant began meeting with Town Council members and The Landlord Tenant Action Committee. As more and more tenants gathered, we became members of the NJTO.
(New Jersey Tenant Organization) and associated.
The Association became aware of a lawyer available to take on this case and formed a legal group that worked with the lawyer to bring a case against Mill Creek and decide if we were under rent control, allowing for a 4% max increase per year provided they are compliant with the ordinance. On 10/18/2023 The Rent Control Board voted: Yes, The Alister is subject to the rent control laws of Montclair.
However, the victory was short lived, and we have a long legal road ahead of us that cannot happen without your support!
Despite the Rent Control Board's decision in our favor, we heard from tenants that the landlord was continuing to increasing rents by 20% or more after the decision was made. As tenants moved in after the board's decision they presumed to be under rent control and were told as much by management. All the while, the landlord was suing to appeal the Rent Control Board's decision causing many people to have moved in under false pretense.
The appeal is unfolding as follows:
3/15/24 - NJ Superior Court was scheduled to hear this case. but it was rescheduled.
5/24/24 - NJ Superior Court will hear the case Mill Creek is bringing against the Rent Control Board's decision. While they are appealing the decision of the Rent Board, they are asking for a stay on the decision and the ability to ignore the Rent Control Board's decision until the full appeal can be heard. Mill Creek has to prove that they would go bankrupt if they had to stick to 4% increases until the appeal. That is highly unlikely. What is likely is that 20- 40% increases that hang in the balance could force individuals out of their homes until the appeal. This would be catastrophic especially because the appeal could be in the tenant's favor, as was the Rent Control Board's decision.
The time between now and the hearing on 5/24 is Critical – this is a matter of having a home or not for many people in the building. Get involved by contributing in any way you can.
Press Links:
Organizer
Team Fundraiser
Organizer
Montclair, NJ