Connell Foley LLP successfully secured an order from the Superior Court of New Jersey reversing a decision by the Hoboken Rent Leveling & Stabilization Board (“Board”) ruling that an apartment building owned by Connell Foley’s client was no longer exempt from rent control.
Connell Foley argued that the Board’s decision was an overreach of power by the Board that resulted in the deprivation of a statutory right under the New Jersey Rent Control Exemption Law. Connell Foley's client sought a final judgment to declare the Board's action illegal, null, void, and without force of law or effect.
Connell Foley argued that its client's property was completed in October 2015 and has operated as exempt from local rent control since that time, up through the Board’s action in September 2024.
The Board's decision was based on the claim that Connell Foley's client failed to provide proper notice to four tenants regarding the rent control exemption status of the building. Connell Foley argued that its client had met the only statutory requirement for properly claiming the exemption, and therefore, the Board's decision was preempted by the state statute.
The Court agreed with Connell Foley's arguments and entered an order reversing the Board’s decision and confirming the subject property is exempt from any and all rent control ordinances enacted or to be enacted by the City of Hoboken. The order provided also that any legal rent calculation prepared by the City Rent Regulation Officer to be null and void.
Nevins McCann and Richard DeAngelis represented Connell Foley’s client in this matter with assistance from Robert Verdibello.