Call the meeting to order. Uh is 402. >> I'm gonna get Brad back. >> Okay. >> Brad, can you hear us? >> I can indeed. >> All righty. Uh have roll call.
>> Jim Kupta >> here. >> Gerard Paresi >> here. >> Lorie Monaco >> here. >> Marilyn Del Plato's here. Brad Graves >> here, >> Steven >> here, >> Joseph Hannannah >> here, >> and our new member Vicky Ray
>> here. >> Okay. Uh, we should do these swearing in if Joe. How many we got to go yet? Brad, you have to be sworn in. >> We did the swearings in of Vicki, Jerry, Lori, and Steve. And we have to do uh Brad.
>> Okay. >> Right. But >> our but we're not doing Marilyn today. >> Yeah, but we'll do yours also. >> Oh, we're going to do Marilyn as well. >> Yeah, we're going to do hers also. >> Okay. >> All right. And then we'll do Marilyn as well. >> Well, Brad, when you come back, you can
always we get you to sign the paper. >> Should I do ma Marilyn or Brad first? >> Do Brad first since you got the paper there. >> Okay. Um Brad, I guess just repeat after me. Okay. >> Okay. >> Right. I state your name. I, Bradford Graves,
>> do solemnly swear >> do solemnly swear >> that I will faithfully, impartially, and justly >> that I will faithfully, impartially, and justly >> perform all the duties of member of the
rent leveling board. perform all the duties of the rent leveling board >> effective January 1, 2026 through December 31, 2027. >> Effective January 1, 2026 through
December 31st, 2026 >> in the township of Nutley in the county of Essex, New Jersey. In the township of Nutley in the county of Essex, New Jersey. >> According to the best of my ability.
>> Oh, according to the best of my ability. >> So help me God. >> So help me God. >> I, Dr. Bradford Graves, do f do further solemnly swear or affirm >> I, Dr. Bradford J. Graves do further
solemnly swear >> that I will support the Constitution of the United States >> that I will support the Constit Constitution of the United States >> and the Constitution of the State of New Jersey. >> and the Constitution of the State of New
Jersey. >> And I will bear true faith and allegiance to the same. >> And I will bear true faith and allegiance to the same. >> [clears throat] >> and to the governments established in the United States and in this state.
>> and and to the governments established in the United States and this state. >> under the authority of the people. >> Under the authority of the people. >> So help me God. >> So help me God. >> All right. Congratulations.
And I guess we'll do Marilyn now. And we could just have Marilyn read it, right? >> Yes. >> Okay. >> Can I just read it? Thank you. faster. [laughter] >> Okay. Should I start? Okay. I, Marilyn Del Plato, do solemnly swear or affirm that I will faithfully,
impartially, and justly perform all the duties of the office of member of the rent leveling board effective January 1, 2026 through December 31, 2027 in the township of Nutley in the county of Essex, New Jersey. according to the best
of my ability. So help me God. I Marilyn Dol Plato do f further solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the State of New Jersey and that I will bear true faith and allegiance to the same and to the
governments established in the United States and in this state under the authority of the people. So help me God. >> Okay. And um this is an official meeting in accordance with the open public meetings act has been uh published in
the appropriate newspapers and on the uh township bulletin board. Uh can I have a motion to approve the minutes of the December 11th 25 uh 2025 minutes as distributed? >> So move. >> Any adjustments, corrections?
>> Something was misspelled in there. I circled it but it's home. >> I'll look at it again. Okay. So, there's a spelling error. >> Yeah, that's all it was. I fig Brad would have that already. [laughter] >> Other than the spelling error, any other
adjustments? All those in favor? >> I uh landlord tenant issues. There are two things that I want to bring up. One, uh our friends at 60, uh 688 P Avenue, I
got a call again this week. spoke to the tenant today. The landlord has a new scheme. Wants to have the tenant sign a month-to-month lease with an $1,100
increase in it, and he would pay for the next two months the $1,100 increase. >> Oh, good. >> I said, "Don't sign it." >> He can't. I said, "Drop off a copy of the proposed lease at the clerk's office
and I'm going to go up to Dave in code enforcement and have mystery ass. I'm tired." This is the >> Yeah, I've talked to them too many times. The landlord, they're allowed 4% increase because the tenants provide their own heat. So, it's a 4% maximum
increase >> and the rents are around $1,300. So, the most, you know, was like 52 $52 increase and they want $1,100 and he wants them out. I said, "He can't evict you. He can't kick you out without
going to eviction court and uh he's got to have cause. Pay your rent. He's not going to have cause." So, >> she because she called wanting if I could refer to some legal advice. I said, "You don't need legal advice. Just we'll take care of
>> Yeah. the law." Is this the one by she puts it? I'm just curious or two. >> Uh I don't know. >> Sounds like it's a two. >> I think all those are two. It sounds that building cuz I know it's designed. >> You got rid of this person. Could he raise the rent for the next 10? >> Yes. >> If if that's why they want him out. The
initial thing they sent the letter to the tenants saying you have to be out by December 1st. No re just because we're selling the building. you got to be out and and actually and they were going to have their family of the new owners were going to be moving in >> when that one didn't work.
Then they said the building is condemned and you have to get out. >> Township >> the town township never even inspected the building. Then they wanted they had the third and so this is it's just gone on too long. Too many
>> say local. Yes, the guys they're local, but the one who wants to buy it, but some they they have a buyer, but whoever is buying it [snorts] probably figures they can't the price that they're asking wouldn't be carried by those rents. So,
but that's not my problem. 14 P Avenue. Jim, excuse me. >> Yes. To clarify, in my mind, when a person has a one-year lease and the lease is up, at that point, can they be uh not rendered a new attended a new
lease or it just automatically reverts to a month-to-month? Oh, that's right. I remember now. Thank you. So, they are basically already have a month to month and I said with monthtomonth, you still can only raise it every 12 months on the anniversary of the previous increase.
4%. Right? >> If the tenant is then they say 5% >> 5% or if the building is exempt and there's an exemption for new construction which is 30 years or the life of the mortgage
and we've ruled on that one with the what used to be the Franklin Theater. We viewed that as new construction. Yeah, >> but unfortunately the guy only had a 10-year mortgage, so he he lost the exemption. [laughter]
>> Yeah. Um 14 Pak Avenue. I got a call last week and um it's more of a hypothetical question. They're not complaining, but we had granted them the 10% hardship increase to the owner.
Some of the tenants had gotten the 10%, some their their leases have not renewed as of yet. The building has been sold. So the question is, does the 10% carry forward to the new
owners? So that the leases that come up under the new ownership is the 10% uh >> I would disagree. I said I'll bring it up before the board because I don't know the answer to that question. >> Well, I mean that's that's that's
>> No, that's really the question. >> So, I can't hear. >> Oh, I'm sorry. 12. Well, is there Oh, >> with the red. >> Oh, thank you. >> Now you can hear me. Okay, >> we could hear
>> Lori. Would you mind repeating what you said? I couldn't hear you. >> I said, is it memorialized for the property? Is it the property that's memorial or the owner? Right. I mean, I know owner makes application, but it is for a specific property and it's memorialized. I would
have to read the memorialization. >> I would tend to agree with Lori because my feeling is when you're given that that 10% for repairs on the building, >> it's for the building. It's not >> It wasn't repairs.
>> It's not the repair. This wasn't capital improvement. >> All right. It was all right. But either way, it was for work to be done on that building. >> No, it wasn't for work. >> Well, no, but but the the the >> What was the hardship reason? Do you remember >> the hardship is that the code says the
landlord is entitled to a 7% return on the adjusted assessed value equalizes assessed value of the property. >> Right. I just read the landlord. Yeah, that's the word. The landlord. You're right. >> What if the new I'm sorry. What if the
new guy comes in and puts three quarters down? He, you know, he's not having a hardship. Let's say he buys it cash. >> He did buy it cash. Oh, well there's no I have no I mean irrespective of I don't I don't know what he paid for it. I don't know what he >> Right. It's irrelevant. That's >> but I'm getting I'm trying to get to
we're trying to solve the the question. >> Right. The question is >> and now I'm leaning more towards the owner because that's an individual who purchased the property. >> I could argue it either way. >> Me too though. Me too. I just did. >> So I don't know what the legal opinion is.
>> Doctor have to say it on the TV. talk. He just plays one on TV. [laughter] >> Yeah, I think we need this um we need some some some research. But but it's interesting >> I mean I agree with all of you that I s
>> if there's any precedent I there may not be a precedent. Yeah, >> because we've only granted >> belong to the owner. >> Period. >> That's a good point. >> If if the code says that the owner is
entitled to a 7%, then if you have a new owner, he has to demonstrate that he's not making 7%. >> I see. >> That That's one rationale. >> I like that. >> Yeah, I see it now. >> With no no time restraints. with no time
restraints. He shouldn't have to wait an for an anniversary date with what you said. I think that's a great idea with no time constraints. If he needs to do it within a year, he could be able to he should be able to do it. >> Well, I I don't know. I mean, >> Jim, >> yes.
>> Um, just a quick thought. Um, you know, if if the as we did, if we granted the hardship with the whatever the the rents were at the time and the new owner has to abide by those those rents, it seemed
like it would be >> an automatic approval of that hardship, at least for the remainder of that one-year term. Well, it depends on >> that's the other argument. That's see
you could argue this one either way. >> I I agree that that rationale also >> works and that would say that he's entitled to it. Um so I I I I
just don't know. >> I think we would be sued if we say no, you have to reapply. >> Yeah. Now, the person who called me said that the tenants are happy with the new owner. Evidently, he's doing things he's
supposed to be doing. >> Isn't that nice? >> And actually, one person did sign the lease with >> the 10% in it after the new owner took over and is not complain. That person is not complaining. >> Isn't that nice and unusual? >> As compared to the previous owner who
didn't who was >> screwing them over. [laughter] >> Yeah. So, they didn't want to make waves, but they did ask the question. I said, "I don't know. I >> Joe, you want to do some homework?" >> Okay. And we'll we'll kick it around
next meeting. What? What's the jury? I was kind of thinking out loud, but you know, I've always said that when buildings are being bought and the new owner seems like an idiot and they don't
get any good legal advice, no offense, Joe, that doesn't mean you, it means their legal advice. I would ass I would like to assume that this new owner had an attorney who reviewed all the books, so to speak, and made a decision that
said, "I see on the books, these are the current rents. This is what's going to be allowed by the rent leveling board, and therefore, I will go ahead and purchase this property." Now, if he didn't, he's an idiot. But if he did,
then I have to say and my feeling right now pending any legal advice is that the new owner bought the building under the assumption that these leases were going to be out and and if he's entitled to it. >> I think that was Brad's arug also. >> But again, I we could see both sides of
this and I could >> and we need Joe's legal advice. >> Yep. >> Thank you, Joe. >> And if not, we'll make a decision next month. You got something to think about. >> Yeah. I want to read the uh code a little bit to get those words. >> All righty. The other
issues >> Jim just one is but there's not it's a it's more of a hypothetical than an actual issue before us. >> Yeah. No tenant has come before us or complained to the to to the board that they don't want to pay it. >> Right. Okay.
>> So it's it's more hypothetical. But one one of the other tenants may come and say I don't want to pay the 10%. And then we have a real decision. >> The code in the code there's a provision that says that the landlord's entitled
to a 7% return on the on the uh adjusted um equal equalize assessed value of the property. The equalization is the county assessment factor. So, >> I have a question.
>> Okay. >> With my building. All of a sudden, they're coming in and they're redoing everything in the halls. They're finally putting new blinds in after 50 years and they're painting. And I'm wondering if
they're going to end up coming back to see if they can increase the rents. >> Well, if they want to apply for a capital It would be a capital improvement which would be over the life of the improvements. >> Okay. >> As Lori knows. >> Yeah. Right. I still have those papers. Lori
>> Lori came to us for the capital improvement. >> Yeah. >> When the Pope was an alter boy. [laughter] >> Yeah. >> Any other? >> No sir. >> Open discussion items. >> If not I'll entertain a motion to adjurnn. >> So moved. >> Second.
>> Got to go. >> All those in favor? >> I. Meetings adjourned at 4:21.