Rent Leveling

Rent Leveling Board Minutes 2/26/2025 CITY OF PASSAIC COUNTY OF PASSAIC, NEW JERSEY RENT LEVELING BOARD FEBRUARY 26, 2025 ORGANIZATIONAL MEETING CITY COUNCIL CHAMBERS – CITY HALL 330 PASSAIC STREET, PASSAIC, NEW JERSEY Weatherly Frias, City Clerk read the following notice into record: Pursuant to the Open Public Meetings Act, Chapter 231, Public Laws of 1975 (N.J.S.A. 10:4-6 et seq.), adequate notice of this meeting was provided by the Rent Leveling Board of the City of Passaic by scheduling its Organizational Meeting for Wednesday, February 26, 2025, at 7:00 P.M. to be held at City Hall, City Council Chambers, 330 Passaic Street, Passaic, New Jersey. Notice of this meeting was published in the Herald News and posted on the City Hall bulletin board by the Office of the City Clerk. ROLL CALL ON CALL OF THE ROLL THE FOLLOWING RENT LEVELING COMMISSIONERS RESPONDED: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto Itamar Roman ABSENT: Luis W. Colon ALSO PRESENT: Chris Rodriguez, Rent Leveling Board Attorney and Emely Vazquez, Human Services PLEDGE OF ALLEGIANCE ORGANIZATION NOMINATION & SEATING OF CHAIRPERSON The City Clerk, Weatherly Frias, requested nominations for the position of Rent Leveling Board Chairperson. Commissioner Maryann Capursi nominated Commissioner Arthur G. Soto, and the nomination was seconded by Commissioner Jorge H. Palacios. No other nominations were made. A motion was made by Commissioner Maryann Capursi and seconded by Commissioner Jorge H. Palacios to adopt the following resolution: RESOLUTION NO. RL 25-02-001 RESOLUTION DESIGNATING ARTHUR SOTO AS CHAIRPERSON OF THE CITY OF PASSAIC RENT LEVELING BOARD FOR A TERM EFFECTIVE IMMEDIATELY AND EXPIRING DECEMBER 31, 2025 BE IT RESOLVED, by the Rent Leveling Board of the City of Passaic, that the Board designates ARTHUR SOTO as the Chairperson for a term effective immediately and expiring on December 31, 2025. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: Page | 1 Rent Leveling Board Minutes 2/26/2025 ANNUAL RESOLUTIONS Motion by Chairman Arthur G. Soto, seconded by Commissioner Maryann Capursi, to adopt the following resolution: RESOLUTION NO. RL 25-02-002 RESOLUTION DESIGNATING EMELY VAZQUEZ AS SECRETARY OF THE CITY OF PASSAIC RENT LEVELING BOARD FOR A TERM EFFECTIVE IMMEDIATELY AND EXPIRING DECEMBER 31, 2025 BE IT RESOLVED, by the Rent Leveling Board of the City of Passaic, that the Board designates EMELY VAZQUEZ as the Secretary for a term effective immediately and expiring on December 31, 2025. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: Motion by Chairman Arthur G. Soto, seconded by Commissioner Maryann Capursi, to adopt the following resolution: RESOLUTION NO.RL 25-02-003 RESOLUTION AUTHORIZING OFFICIAL NEWSPAPERS FOR THE CITY OF PASSAIC RENT LEVELING BOARD FOR THE YEAR 2025 WHEREAS, the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) require that official public notices be published in an official newspaper; and WHEREAS, it is necessary to designate official newspapers for the City of Passaic Rent Leveling Board for the publication of legal advertisements and official notices; NOW, THEREFORE, BE IT RESOLVED that the Rent Leveling Board of the City of Passaic hereby designates the following newspapers as the Official Newspapers for the publication of all required notices, legal advertisements, and meeting announcements in accordance with the law:  North Jersey Herald News  The Record  El Especial/Especialito  Poder Latino USA BE IT FURTHER RESOLVED that the Board Secretary shall have the discretion to determine which of the designated newspapers shall receive specific legal advertisements as necessary. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: Page | 2 Rent Leveling Board Minutes 2/26/2025 Motion by Chairman Arthur G. Soto, seconded by Commissioner Jorge H. Palacios, to adopt the following resolution: RESOLUTION NO. RL 25-02-004 RESOLUTION ESTABLISHING THE 2025 MEETING SCHEDULE OF THE CITY OF PASSAIC RENT LEVELING BOARD WHEREAS, the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) requires that public bodies establish and publish an annual schedule of regular meetings; and WHEREAS, the City of Passaic Rent Leveling Board conducts regular meetings to address matters related to rent control and tenant-landlord regulations within the City of Passaic; NOW, THEREFORE, BE IT RESOLVED that the City of Passaic Rent Leveling Board shall hold its regular monthly meetings at 7:00 PM in the City Council Chambers, City Hall, 330 Passaic Street, Passaic, New Jersey, on the following dates: 2025 RENT LEVELING BOARD MEETING SCHEDULE Thursday, March 6, 2025 Thursday, September 11, 2025 Thursday, April 3, 2025 Thursday, October 9, 2025 Thursday, May 1, 2025 Thursday, November 13, 2025 Thursday, June 5, 2025 Thursday, December 11, 2025 Thursday, July 10, 2025 ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: PUBLIC COMMENT City Clerk Weatherly Frias opened the public portion of the meeting with the following statement for the record: In accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.), the Board opens every public meeting for comments from the public. However, pursuant to N.J.S.A. 10:4-12, the Board retains the discretion to regulate participation at meetings. Each speaker will be limited to five (5) minutes. The Board will not entertain comments from individuals who communicate obscene material, make statements deemed as bias intimidation or harassment, or use offensive language. Any individual violating these guidelines will forfeit their speaking time. After ample opportunity given and no responses, on a motion by Chairman Arthur G. Soto, seconded by Commissioner Jorge H. Palacios, the public portion of the meeting was adjourned. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner Page | 3 Rent Leveling Board Minutes 2/26/2025 PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: COMMUNICATIONS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION: On a motion by Chairman Arthur G. Soto, seconded by Commissioner Jorge H. Palacios, the following communications were received and placed on file. Joyce Gregory Hunt, Director of Community Development submitting the following:  Maximum Rental Increase , as Directed by Consumer Price Index (CPI) Dated: July 19, 2024 Weatherly Frias, City Clerk submitting the following:  Ordinance 2476-25: Ordinance Amending Chapter 231 “Rent Stabilization” of The City of Passaic Code (Effective: February 27, 2025).  Ordinance 2474-24: Ordinance Amending Chapter 231 “Rent Control” To Chapter 231 “Rent Stabilization,” Amending Section 8 And Adding Section 23 “Rent Stabilization Act Of 2025” (Effective: February 1, 2025).  By Law for the Rent Leveling Board- Prepared by R&R Legal Advisors LLC ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: NEW BUSINESS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION: On a motion by Commissioner Jorge H. Palacios, seconded by Commissioner Maryann Capursi, the following communications and new business were received and placed on file. 2-4 Mineral Spring Street, Passaic, NJ Property Owner: Bharat Kumar Dholariya vs. Tenant: Monette Santos/Joseph Gray Rent: $1,850.00 Increase To: $2,150.00 Notice Date: January 8, 2025 Piñata 56-60 Wall Street, Passaic, NJ Property Owner/Management: Grun Management vs. Tenant: Maria Ozuna Rent: $1,300.00 Increase To: $2,200.00 Notice Date: November 27, 2024 1 Third Street, Passaic, NJ Property Owner: 1 Third Street LLC vs. Tenant: Domingo Ramirez Rent: $1,350.00 Increase To: $1,500.00 Notice Date: January 27, 2025 496 Boulevard, Apt. 205, Passaic, NJ Property Owner/Manager: A.A.R. Realty Associates vs. Tenant: Addison (Sonny) Glazer Rent: $1,310.00 Increase To: $1,410.00 Notice Date: February 1, 2025 Page | 4 Rent Leveling Board Minutes 2/26/2025 70 Passaic Street, Passaic, NJ  Unit 2: Property Manager: Highskymanagementvs. Tenant: Cynthia Milagros Marmolejos Rent: $1,570.00 Increase To: $2,200.00 Notice Date: January 6, 2025  Unit 4: Property Manager: Highskymanagement vs. Tenant: Julio C. Luna Rent: $1,241.00 Increase To: $2,200.00 Notice Date: January 6, 2025 40-44 4th Street, Apt. 44B, Passaic, NJ Property Owner: 40 4th Street Passaic LLC vs. Tenant: Shade Boyd Rent: $1,300.75 Increase To: $2,050.00 Notice Date: February 3, 2025 32 Vreeland Avenue, Unit 1, Passaic, NJ Property Owner/Management: Urbo Property Management vs. Tenants: Yohanny Peralta, Elizabeth Urena Montes de Oca Rent: $2,050.00 Increase To: $2,250.00 41 Highland Avenue, Passaic, NJ Property Owner: John J. Augusto vs. Tenants: Alfonso & Isoline Sierra Rent: $2,000.00 Increase To: $2,300.00 Notice Date: January 31, 2025 59-61 5th Street, Passaic, NJ Property Owner: MAC Realty 67 vs. Tenant: Lucas Torres Rent: $2,000.00 Increase To: $3,000.00 Notice Date: February 12, 2025 ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: PENDING MATTERS / UNFINISHED BUSINESS The following organization requested a hearing with the City Council. Now that the Rent Leveling Board is active, the Rent Leveling Board Secretary will reach out to schedule a hearing date. The motion to accept this correspondence was made by Chairman Arthur G. Soto and seconded by Commissioner Maryann Capursi. Make the Road New Jersey on behalf of Arriaga vs. Xdev, 96 Market Street, Passaic NJ Formal Complaint regarding illegally increased rent on tenants protected by rent control. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: Page | 5 Rent Leveling Board Minutes 2/26/2025 OLD BUSINESS A motion was made by Chairman Arthur G. Soto, seconded by Commissioner Maryann Capursi, to receive and file the matter, as it was previously resolved. Make the Road NJ, on behalf of Maria Valentin, a former tenant at 120 President Street, Apt. 8 request relocation assistance under the Relocation Assistance Act- Matter resolved. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: RESOLUTIONS A motion was made by Chairman Arthur G. Soto, seconded by Commissioner Maryann Capursi, to adopt the following resolution to go into closed session. The motion was carried, and the meeting went into closed session at 7:30 PM. RESOLUTION NO. RL 25-02-005 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE RENT LEVELING BOARD OF THE CITY OF PASSAIC ON FEBRUARY 26, 2025, AT 7:00 P.M. OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS, AND PERSONNEL MATTERS RE: Pending and Potential Litigation (Arriaga vs. Xdev, 96 Market Street) WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12(b), permits the Rent Leveling Board to meet in closed session for certain purposes, including:  Pending or anticipated litigation – N.J.S.A. 10:4-12(b)(7)  Matters involving attorney-client privilege – N.J.S.A. 10:4-12(b)(8)  Deliberations on matters before the Board – N.J.S.A. 10:4-12(b)(9) WHEREAS, the Rent Leveling Board desires to meet in closed session on February 26, 2025, for the purpose of discussing these matters; NOW, THEREFORE, BE IT RESOLVED by the Rent Leveling Board of the City of Passaic as follows: 1. The Board shall meet in closed session for discussion of the topics outlined above. 2. The public shall be informed of any decisions or results at the next public meeting, where applicable. 3. This Resolution shall take effect immediately. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: Page | 6 Rent Leveling Board Minutes 2/26/2025 A motion to reconvene from closed session was made by Commissioner Maryann Capursi, seconded by Commissioner Jorge H. Palacios. The meeting reconvened at 8:00 PM. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: ADJOURNMENT There being no further business to come before the Rent Leveling Board, a motion was made by Commissioner Jorge H. Palacios, seconded by Commissioner Maryann Capursi, to adjourn the meeting. ROLL CALL: AYES: Maryann Capursi Jorge H. Palacios Arthur G. Soto ABSENT: Luis W. Colon, Alternate Commissioner PRESENT BUT NOT Itamar Roman, Alternate Commissioner VOTING: The meeting was adjourned at 8:02 PM. ATTEST: APPROVED: Weatherly Frias, Arthur G. Soto, Chairperson City Clerk Page | 7