Rent Leveling Board

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 RENT STABILIZATION BOARD 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 Union City City Hall 6 2nd Floor Courtroom 3715 Palisade Avenue 7 Union City, New Jersey 8 Monday, May 6, 2024 Commencing at 7:00 PM 9 10 M E M B E R S P R E S E N T: 11 JUAN MILAN, CHAIRMAN SANDRA VASQUEZ, VICE CHAIRPERSON 12 NORMA GUEVARA, COMMISSIONER ROSANA COLON, COMMISSIONER 13 YAMIRUS HOLGUIN, COMMISSIONER 14 M E M B E R S A B S E N T: 15 YDALY POZO, COMMISSIONER 16 A L S O P R E S E N T: 17 NEIL D. MAROTTA, ESQ., Board Counsel 18 KENNEDY NG, Administrator 19 GINA RICCIARDI, ESQ., Tenant Advocate 20 FRANCOIS NUNEZ, Staff Member 21 CASMILA SOLIS, Staff Member 22 KENNY CABALLERO, Staff Member 23 JOSE GONZALEZ, Interpreter 24 SUSAN BISCHOFF CCR CO. 25 449 Columbia Blvd., Wood-Ridge, NJ 07075 201-390-0583 SBischoffccr@yahoo.com  2 1 A P P E A R A N C E S: 2 3 ROBERT M. MAYEROVIC, ESQ. Attorney for 2911 Bergenline Avenue 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  3 1 I N D E X 2 PAGE 3 CALL TO ORDER 5 SALUTE TO FLAG 5 4 ROLL CALL 5 5 INTERPRETER SWORN 7 6 HEARINGS 7 7 2911 Bergenline Avenue 8 RESOLUTIONS N/A 9 OTHER BUSINESS 22 10 ADJOURNMENT 24 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  4 1 I N D E X 2 2911 BERGENLINE AVENUE, APT. #6 3 4 WITNESS PAGE 5 REYNA HERNANDEZ 15 6 KENNEDY NG 17 7 8 E X H I B I T S 9 10 NO. DOCUMENT PAGE 11 NO EXHIBITS MARKED 12 13 14 15 16 17 18 19 20 21 22 23 24 25  5 1 MR. NG: Good evening, everybody. This 2 is the meeting of the rent leveling board. Today 3 is May 6, 2024. And the time is now 7:00, and we 4 are in the municipal court chambers, 3715 Palisade 5 Avenue, Union City, New Jersey. Pursuant to the 6 Open Public Meeting Law, adequate notice of this 7 meeting was provided to The Bergen Record, The 8 Jersey Journal, and North Hudson Reporter more 9 than 72 hours in advance of the meeting and it's 10 posted at the municipal office. The notice 11 includes the date, time, location, and to the 12 extent known the agenda for the meeting. Please 13 rise for the flag salute. 14 15 (Whereupon, the Pledge of Allegiance was 16 recited.) 17 18 ROLL CALL: 19 20 MR. NG: Roll call. Commissioner Norma 21 Guevara. 22 COMMISSIONER GUEVARA: Yes. 23 MR. NG: Commissioner Ydaly Pozo, I 24 think, she's excused, she called earlier. 25 Commissioner Yamirus Holguin.  6 1 COMMISSIONER HOLGUIN: Present. 2 MR. NG: Vice Chairman Sandra Vasquez. 3 VICE CHAIRPERSON VASQUEZ: Present. 4 MR. NG: Commissioner Rosana Colon. 5 COMMISSIONER COLON: Present. 6 MR. NG: Chairman Juan Milan. 7 CHAIRMAN MILAN: Present. 8 MR. NG: Interpreter, Mr. Gonzalez, 9 here? 10 MR. GONZALEZ: Present. 11 MR. NG: Chairman, we have a quorum and 12 I believe we just have one item on the agenda for 13 the special meeting. 14 15 16 17 18 19 20 21 22 23 24 25  7 1 2911 BERGENLINE AVENUE - APT. #6 - 2 RENT DISPUTE: 3 4 CHAIRMAN MILAN: Okay. 2911 Bergenline 5 Avenue, Apartment 6, rent dispute. Will the 6 counsel for both please approach? 7 MS. RICCIARDI: We need the interpreter 8 for my client. 9 CHAIRMAN MILAN: Can he be sworn? 10 11 J O S E G O N Z A L E Z, an interpreter of the 12 SPANISH language, after having been duly sworn, 13 did interpret the following testimony: 14 15 CHAIRMAN MILAN: Okay. 16 MR. MAROTTA: Appearances, please. 17 MR. MAYEROVIC: Robert M. Mayerovic 18 M-A-Y-E-R-O-V-I-C, for the landlord. 19 MS. RICCIARDI: Gina Ricciardi for the 20 tenant, Reyna Hernandez. 21 MR. MAROTTA: Okay. I understand that 22 there's a resolution to this matter, an amicable 23 settlement, which will be placed on the record. 24 MR. MAYEROVIC: For purposes of the 25 board's concern, we're going to stipulate today  8 1 that the lawful rent for this apartment, 6, is 2 $1,083.57 as of May 1, 2019. The tenant will 3 start paying rent as of June 1, 20 -- I'm sorry, 4 May 1, 2024, that's my mistake. The payments will 5 start by the tenant as of June 1, 2024. Legal 6 rent is $1,083.57 for this tenant. She'll start 7 paying that as of June 1, 2024. 8 Now, there is an issue of rent arrears 9 that are owed. And that is going to be a function 10 of our being able to determine what is available 11 in terms of rental assistance. I'm not sure that 12 really involves you so much, as the L and T court, 13 but we're acknowledging that there is an arrears 14 and that arrears will be based on the 15 determination of what is available through rental 16 assistance. 17 MR. MAROTTA: So your client is 18 accepting whatever is the obtained through rental 19 assistance to satisfy any arrears? 20 MR. MAYEROVIC: That's correct. The 21 tenant must comply with and must prosecute all 22 available rental assistance programs and that must 23 be done, let's say, within 60 days of the 24 determination. 25 MS. RICCIARDI: No problem, we're in  9 1 agreement. 2 MR. MAYEROVIC: But that's the way it 3 will work. 4 MR. MAROTTA: Okay. 5 CHAIRMAN MILAN: So both are in 6 agreement. I'm going to ask both sides if they 7 agree, just to make sure that they understand 8 fully what went on, so we don't have them visiting 9 the office of the administrator next week saying 10 no, no, no, I misunderstood, that's not what I 11 agreed to. 12 MR. MAROTTA: I explained to both 13 counsel that their clients would be voir dired or 14 questioned about their understanding of the 15 settlement and that they agree to the settlement. 16 So at this point, who do we want to call up first? 17 CHAIRMAN MILAN: Let's call the landlord 18 first. Let's make sure he's in agreement and then 19 we'll go to the tenant. 20 MR. MAYEROVIC: Mr. Schwartz, you 21 understood the terms of the settlement as I put it 22 on the record? 23 MR. SCHWARTZ: Yes. 24 MR. MAYEROVIC: You're doing this freely 25 and voluntarily?  10 1 MR. SCHWARTZ: Yes. 2 MR. MAYEROVIC: You and I had extensive 3 discussions on this matter, you've also consulted 4 with other lawyers. And you don't have to settle, 5 you have the right to have the board decide and 6 even if you're not happy with the board's 7 decision, you have a right to take that to 8 Superior Court. And these were things that we 9 discussed as being the ingredients of why you are 10 or are not settling the case; is that correct? 11 MR. SCHWARTZ: Yes. 12 MR. MAYEROVIC: And as you know in any 13 settlement, a settlement is a compilation, it's a 14 putting together a whole bunch of ingredients, 15 putting them into a bowl and creating something, 16 you understand that? 17 MR. SCHWARTZ: Yes. 18 MR. MAYEROVIC: And you're doing this 19 freely and voluntarily. Lastly, there is a theory 20 that -- a lawyers motto and I'll say it that 21 sometime a bad settlement is better than a good 22 case, you understand that concept? And it's in 23 that light, it's neither good nor bad, but a 24 settlement is a settlement, bringing something to 25 a conclusion, and arising to a level of certainty  11 1 for the future. You understand that? 2 MR. SCHWARTZ: I agree, yes. 3 MR. MAYEROVIC: And the final aspect is 4 you're not going to start getting rent until 5 June 1, 2024, but there's an acknowledgment today 6 that there is rental arrears. We believe -- or 7 you believe that the rental arrears are 8 substantial, in excess of 20 plus thousand 9 dollars, but you're going to be limiting your 10 claim to the rental arrears by what is available 11 through rental assistance; is that correct? 12 MR. SCHWARTZ: Yes. 13 MR. MAYEROVIC: And the only caveat is 14 that the tenant will have to prosecute in good 15 faith any rental assistance application, both TRA, 16 both North Hudson, DCA, whatever is available to 17 address the arrears. And once we find that out, 18 we can identify an arrears amount that will let 19 her tap into the maximum available rent arrears; 20 is that correct? 21 MR. SCHWARTZ: Yes. 22 CHAIRMAN MILAN: Okay, thank you. 23 MR. MAROTTA: Okay. 24 CHAIRMAN MILAN: The tenant, please. 25 MR. NG: Neil, I'm sorry. I would like  12 1 to ask the tenant, so the translator can ask her 2 in Spanish, so she can tell us what the settlement 3 is all about because I want to -- 4 MR. MAROTTA: Of course. 5 MR. NG: -- 300 percent sure because 6 it's been a little sensitive for me in the office 7 with the case. And I want to know that she 8 understands 500 percent. So that she can say in 9 Spanish and the translator will translate into 10 English. 11 MR. MAROTTA: So my recommendation is to 12 let Gina take her through the settlement and then 13 she can repeat what her understanding of the 14 settlement is. 15 CHAIRMAN MILAN: We'll get it through 16 Mr. Gonzalez, we'll get the translation. 17 MR. MAROTTA: Okay. 18 CHAIRMAN MILAN: Thank you. 19 MS. RICCIARDI: So the board was saying 20 they want to make sure that you fully understand 21 the settlement. So that you could even explain it 22 back to me. So I'm going to walk through it step 23 by step with you. 24 So the first thing is that you are going 25 to start paying on June 1st, $1,083.57?  13 1 MS. HERNANDEZ: Um-hum. 2 MS. RICCIARDI: The landlord is waiving 3 any rental arrears beyond what rental assistance 4 can provide for you. You are going to apply to 5 all rental assistance available, as we discussed. 6 You chose this over continuing our 7 conflict before the board and before Judge Jimenez 8 in landlord-tenant court. Is that what we talked 9 about? 10 MS. HERNANDEZ: Well, yes. 11 MS. RICCIARDI: Do you have any 12 questions? 13 MS. HERNANDEZ: Yes. 14 MS. RICCIARDI: Okay, go ahead. 15 MS. HERNANDEZ: What I don't understand 16 that I was the one that was hurt and I was owed 17 money and now I am the one who owes and I have to 18 get money? 19 MS. RICCIARDI: Right. So years ago, 20 you overpaid in rent. And then you lived for free 21 for a few years, right, for two years? 22 MS. HERNANDEZ: Yes. 23 MS. RICCIARDI: So now you're going to 24 start paying again. And you're not going to pay 25 any arrears out of pocket. They're only asking  14 1 for what rental assistance can provide. So you 2 are not being faulted? 3 MS. HERNANDEZ: Yes, but that's -- I'm 4 the one who have to ask for money. I shouldn't 5 have to ask for money because supposedly they owed 6 me money and I don't have a reason to go and ask 7 for money. I haven't paid not because I couldn't 8 pay, but because they owed me money. 9 MR. MAROTTA: Can I interject for a 10 moment? I'm going to ask to recess for a moment 11 and speak with both parties outside because I want 12 to make sure there's a full understanding. And 13 I'm concerned that Ms. Hernandez might not 14 understand. 15 CHAIRMAN MILAN: Do you need clients or 16 just the lawyers? 17 MR. MAROTTA: I need Mr. Gonzalez and 18 the lawyers. 19 CHAIRMAN MILAN: So all the players in 20 the case. 21 MS. RICCIARDI: Thank you. 22 23 (Whereupon a short recess was taken.) 24 25 MR. MAROTTA: We're going to begin the  15 1 voir dire again. I just want the record to 2 reflect that based upon the questions by the 3 tenant earlier, there was a question of whether or 4 not she understood the settlement. Was Reyna 5 sworn in? 6 7 R E Y N A H E R N A N D E Z, after having been 8 duly sworn or affirmed, did testify as follows 9 through the interpreter: 10 11 MR. MAROTTA: One of the concerns she 12 had was that she would have to pay back rent. And 13 it was explained that the landlord was going to 14 accept any assistance she was able to obtain from 15 different government sources and that she was not 16 required to pay it herself. 17 MS. HERNANDEZ: Okay. 18 MR. MAROTTA: Okay. So now I'm just 19 going to ask Ms. Ricciardi to voir dire, question 20 Reyna to make sure she understands the settlement. 21 MS. RICCIARDI: Did you understand 22 everything Mr. Marotta just said? 23 MS. HERNANDEZ: Yes. 24 MS. RICCIARDI: And we talked a little 25 bit outside, do you understand your new rent is  16 1 $1,083.57 starting June 1st? 2 MS. HERNANDEZ: Yes. 3 MS. RICCIARDI: And you understand that 4 the other part of the settlement is to apply for 5 any rental assistance you can get and you will not 6 be paying anything else out of pocket. And the 7 landlord will accept whatever you can get. 8 MS. HERNANDEZ: Okay. 9 MS. RICCIARDI: Is that your 10 understanding? 11 MS. HERNANDEZ: Yes. 12 MS. RICCIARDI: Can you tell that back 13 to us? 14 MS. HERNANDEZ: So I have to look for 15 any assistance I can find and if they give it to 16 me or they don't give it to me, the owner is just 17 going to have to take what I get. 18 MS. RICCIARDI: Right. 19 MS. HERNANDEZ: Okay. 20 MS. RICCIARDI: And the other part, the 21 rent? 22 MS. HERNANDEZ: Since the first of June, 23 I have to pay $1,083.57. 24 MS. RICCIARDI: Do you have any other 25 questions?  17 1 MS. HERNANDEZ: No. 2 MS. RICCIARDI: Okay. Do you agree with 3 the settlement? 4 MS. HERNANDEZ: Yes. 5 MS. RICCIARDI: And will you be signing 6 it when we pull it together voluntarily? 7 MS. HERNANDEZ: Yes. 8 MS. RICCIARDI: And you understand you 9 do have a right to present our case to the board? 10 MS. HERNANDEZ: Okay. 11 MR. MAROTTA: The rent board, tonight. 12 MS. HERNANDEZ: Okay. 13 MR. MAROTTA: And that by accepting the 14 settlement -- 15 MR. NG: Mr. Marotta, can I ask a 16 question? Do I have to swear in? 17 MR. MAROTTA: Okay. 18 19 K E N N E D Y N G, after having been duly sworn 20 or affirmed, did testify as follows: 21 22 MR. NG: Kennedy Ng. I was outside with 23 the lawyers discussing the settlement. And I want 24 to make sure that I didn't influence you taking 25 the determination to agree with us?  18 1 MS. HERNANDEZ: No. 2 MR. NG: You didn't feel pressure? 3 MS. HERNANDEZ: No. 4 MR. NG: I just want to make sure. 5 MR. MAROTTA: Are you entering into the 6 settlement of your own free will? 7 MS. HERNANDEZ: Yes. 8 MR. MAROTTA: Nobody put pressure to 9 coerce you into doing so? 10 MS. HERNANDEZ: No, no. 11 MR. MAROTTA: Okay. And you understand 12 that by entering into the settlement, you are 13 waiving your right to a hearing tonight? 14 MS. HERNANDEZ: Okay. 15 MR. MAROTTA: Well, if you don't have 16 the settlement, you can present your case and the 17 board can make its decision, okay. And you have 18 the right to that, okay. And either here or if 19 either side loses, they can appeal it to the 20 court. You may have a result that is better or 21 worse than what is decided here tonight in your 22 settlement. 23 MS. RICCIARDI: You lost her. 24 MR. MAROTTA: Did she get it? 25 MS. RICCIARDI: No.  19 1 MR. MAROTTA: So by settling, you waive 2 your right to the hearing tonight. 3 MS. HERNANDEZ: Okay. 4 MR. MAROTTA: And at a hearing, you 5 could have gotten more or less than what you 6 settled to tonight. 7 MS. HERNANDEZ: Okay. 8 MR. MAROTTA: Okay. So I don't know how 9 to say it better. 10 MR. NG: You did it good. 11 CHAIRMAN MILAN: I think you got it. 12 VICE CHAIRPERSON VASQUEZ: She 13 understands. 14 MS. RICCIARDI: You believe you'll be 15 able to pay this new rent with the help of your 16 family? 17 MS. HERNANDEZ: Yes. 18 MR. MAROTTA: Okay. And that's not only 19 one month rent, that's going forward. 20 MS. HERNANDEZ: I know. 21 MR. MAROTTA: Okay. I have no further 22 questions. 23 MR. NG: I'm good. 24 CHAIRMAN MILAN: I'm fine, I don't have 25 anything to ask of either. I mean based on the  20 1 fact that both sides have said -- both the 2 landlord and the tenant have pretty clearly stated 3 that they agree with the settlement, I think 4 the -- I make a motion that we accept the 5 settlement as presented by counsel on both sides 6 and as agreed to in front of us by both the 7 landlord and the tenant. 8 VICE CHAIRPERSON VASQUEZ: I second 9 that. 10 MR. NG: Motion was made by our Chairman 11 Juan Milan and seconded by our Vice Chairman, 12 Commissioner Sandra Vasquez. 13 Roll call. Commissioner Norma Guevara. 14 COMMISSIONER GUEVARA: Yes. 15 MR. NG: Commissioner Yamirus Holguin. 16 COMMISSIONER HOLGUIN: Yes. 17 MR. NG: Vice Chairman Sandra Vasquez. 18 VICE CHAIRPERSON VASQUEZ: Yes. 19 MR. NG: Commissioner Rosana Colon. 20 COMMISSIONER COLON: Yes. 21 MR. NG: Chairman Juan Milan. 22 CHAIRMAN MILAN: Yes. 23 MR. NG: Motion has passed. 24 CHAIRMAN MILAN: Thank you very much. 25 COMMISSIONER GUEVARA: Thank you.  21 1 MS. RICCIARDI: Thank you. 2 MR. MAYEROVIC: Thank you, everybody. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  22 1 OTHER BUSINESS: 2 3 CHAIRMAN MILAN: I'm going to make a 4 motion that we open the public session of this 5 meeting. 6 COMMISSIONER COLON: Second. 7 MR. NG: Motion was made by our Chairman 8 Juan Milan and second by Commissioner Rosana 9 Colon. 10 Roll call. Commissioner Norma Guevara. 11 COMMISSIONER GUEVARA: Yes. 12 MR. NG: Commissioner Yamirus Holguin. 13 COMMISSIONER HOLGUIN: Yes. 14 MR. NG: Commissioner Vice Chairman 15 Sandra Vasquez. 16 VICE CHAIRPERSON VASQUEZ: Yes. 17 MR. NG: Commissioner Rosana Colon. 18 COMMISSIONER COLON: Yes. 19 MR. NG: Chairman Juan Milan. 20 CHAIRMAN MILAN: Yes. 21 MR. NG: Motion has passed. 22 CHAIRMAN MILAN: Is there anyone in the 23 audience that wants to say anything at this 24 meeting? 25 Seeing no response, or hearing no  23 1 response, I make a motion that we close the public 2 side of our meeting. 3 COMMISSIONER HOLGUIN: I second. 4 MR. NG: Motion by our Chairman Juan 5 Milan and second by Commissioner Yamirus Holguin. 6 Roll call. Commissioner Norma Guevara. 7 COMMISSIONER GUEVARA: Yes. 8 MR. NG: Commissioner Yamirus Holguin. 9 COMMISSIONER HOLGUIN: Yes. 10 MR. NG: Commissioner and Vice Chairman 11 Sandra Vasquez. 12 VICE CHAIRPERSON VASQUEZ: Yes. 13 MR. NG: Commissioner Rosana Colon. 14 COMMISSIONER COLON: Yes. 15 MR. NG: Chairman Juan Milan. 16 CHAIRMAN MILAN: Yes. 17 MR. NG: Motion has passed. 18 CHAIRMAN MILAN: Is there anything else, 19 resolutions or anything that has to be done? 20 MR. MAROTTA: Next meeting. 21 MR. NG: The only thing is that remember 22 that next meeting, we have our regular meeting -- 23 this was a special meeting for all of us. So I 24 see you next week. 25  24 1 ADJOURNMENT: 2 3 CHAIRMAN MILAN: I make a motion that we 4 adjourn. 5 MR. NG: Motion to adjourn. 6 COMMISSIONER COLON: Second. 7 MR. NG: All in favor? 8 9 (Whereupon, all Commissioners indicate 10 in the affirmative.) 11 12 MR. NG: Meeting has been adjourned. 13 14 (Whereupon the meeting was adjourned at 15 7:50 PM.) 16 17 18 19 20 21 22 23 24 25  25 1 C E R T I F I C A T E 2 3 4 5 6 I HEREBY CERTIFY that the foregoing is a 7 true and accurate transcript of the testimony and 8 proceedings as taken stenographically by me at the 9 time, place, and on the date hereinbefore set 10 forth. 11 12 13 ____________________________ 14 SUSAN BISCHOFF, CCR, RPR LICENSE NO. 30XI00233700 15 16 17 18 19 20 21 22 23 24 25