If you are a landlord in Montclair, register with Rent Control Board by April 1 to avoid a fine.
Alex Morgan, board chair, and vice chair Toni Martin, want to increase the fine. They recommend raising it from $20 to $200 per dwelling unit for late filing registrations.
Getting landlords to register helps strengthen the rent control ordinance. Registration allow the rent control office to verify that landlords lawfully raise rents. Tenants can also access these registrations in the office through OPRA requests.
“It is the landlord’s responsibility to register the rents with the rent control office of Montclair regarding their residence. The office should have that record on file,” Morgan said.
Challenges of Ensuring Rent Registration Compliance
“A landlord is exempt from rent control if they live in a two or three family building. They need to be living on the property,” Morgan told the Local.
There are no inspections or method in place to verify if an owner is occupying the property. The board relies on sending letters to landlords. Many of these landlords do not reside in Montclair, Martin told the Local.
“If we’re writing a letter to someone living in Florida and he sees $20 as a late fee, that probably doesn’t bother him,” said Martin. “So we’re trying to figure out how to get more compliance. Increasing the fees as we discussed before the council is one measure we think is important.”
“The Rent Control Office is having trouble verifying whether a property is covered by Rent Control,” said Morgan to the council at a Feb. 13 meeting about raising the fee.
Mayor Sean Spiller was concerned about a large increase in the fine and asked about awareness. “Is there another way working through the manager that we can get to them? Other methods you have discussed?”
One measure proposed was reaching out to landlords by including a notice in the water and sewer bill. The notice could indicate that if a landlord doesn’t register by a date specified, they will be responsible for paying an increased late fee.
“I still feel after two years, and all these implementations and letters that have been sent out, we probably need to increase the fee for late registration,” Martin told the council.
Data Reveals Rent Compliance Issues
Morgan shared data from the Rent Control Office’s 2023 Landlord Registrations. Out of 1,717 letters mailed to landlords, only 732 had registered, and 334 properties had been deemed exempt. There are 427 2-Family properties, 91 3-Family properties, 9 4-Family properties, 23 Multiple apartment dwellings, and 101 mixed use/commercial properties that the Rent Control Administrator has not been able to contact.
“The Rent Control Administrator has no options when it comes to enforcement. Without any substantial financial penalty, it does not incentivize these property owners to make contact with the Rent Control Office and register their rents,” Morgan added.
Raising Registration Awareness
Montclair’s interim rent control officer is deputy town manager Brian Scantlebury. The officer ensures the law is being followed and that landlords register their units with the township.
In an email addressed to the Local on Feb. 26, Scantlebury said, “The Rent Control Office has utilized every social media platform available to the Township to remind property owners subject to Chapter 257 Rent Regulation compliance to register by April 1, 2024.”
“Buildings requiring registration are NON-OWNER-OCCUPIED buildings containing 2 or more rental units,” he added.
Montclair Local found a Feb. 21 posting on the Town’s Facebook page, but nothing on X or Instagram. On Feb. 13, the Township posted a call to register to the News section of their website.
Annual registration for property owners subject to Chapter 257 Rent Regulation must submit the required forms with the fee of $10.00 per dwelling unit on or before April 1st, 2024.
If you need assistance or have any questions, please contact the Rent Control Office at rentcontrol@montclairnjusa.org or call 973-509-4956.