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Block 268 v. City of Hoboken Rent Leveling and Stabilization Board

951 A.2d 1098 (2006)

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Block 268 v. City of Hoboken Rent Leveling and Stabilization Board

New Jersey Superior Court
951 A.2d 1098 (2006)

DD

Facts

BDLJ Associates, LLC (BDLJ) owned an apartment complex in the city of Hoboken (city). The city had a rent-control ordinance that set the permissible level for rent increases. However, pursuant to New Jersey’s Rent Control Exemption Act (RCEA), the apartment complex was exempt from the ordinance until 2030. In February 2004, Raul and Elizabeth Perez (defendants) leased an apartment from BDLJ. In August 2004, BDLJ sold the property to Toll Brothers, Inc. In October 2004, Toll Brothers sold the property to Block 268 LLC (plaintiff). The Perezes’ lease expired in August 2005. In renewing the lease, Block 268 sought to raise the Perezes’ rent above the level permitted by the ordinance. The Perezes filed a complaint with the City of Hoboken Rent Leveling and Stabilization Board (board) (defendant). Specifically, the Perezes argued that the property lost its exemption status when BDLJ sold the property to Toll Brothers in August 2004. The board ruled in favor of the Perezes. Subsequently, Block 268 brought suit, contending that the property was exempt from the ordinance until 2030. Block 268 filed a motion for summary judgment. The trial court took the motion under advisement.

Rule of Law

Issue

Holding and Reasoning (Curran, J.)

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