Can detached garages within rent control apartment complex increase over 200% a year? (West Orange: renters, tenants)

[njchenlouer]

Greetings,

On behalf of many other tenants at Hutton Lafayette apartment complex in West Orange, NJ 07052, we are experiencing an unconscionable increase in garage renting fees in our 2019 lease contract even though we have lived here for at least 22 years. Due to a shortage in parking spots as the landlord allows 2 parking spots (first come, first serve) for one bedroom apartments and 3 for two bedrooms and abusive tenants whom regularly park two or three cars even though there is only one or two drivers per household. Some of us have had no choice but to rent a detached garage within the apartment complex unit, to guarantee a parking spot. Depending on renters seniority and those grand fathered in, we are all paying from $25 to $70 a month over the past several decades. The garage rent has been gradually increased by a dollar, after the new acquisition in 2016 and many vacant apartments have been renovated since. For unknown reasons and out of the blue, the rent now cost $125 a month for an ill maintained garage which is flooded whenever it rains. Some tenants even suffer from their cars being totaled, due to the collapsed roof when branches fell from a tropical storm about a year or two ago. I presume the landlord try to compensate for these recent renovation expenses by increasing fees wherever they can. What I am afraid of is if tenants succumb and agree to this increase, what will prevent the landlord from increasing the garage fee by more 200% every year? I have been searching the internet and read publications such as
LSNJLAW, West Orange Rent Control Ordinance Chapter XV and am unable to find anything related to this subject. I would really appreciate if you can offer advice and guidance of how to approach this exorbitant increase.

Your time and help is greatly appreciated.

[reenzz]

I do not believe that the statute applies to parking spaces. As such, the landlord can charge whatever the tenants are willing to pay.

[skeddy]

supply and demand

[Eristic1]

Rent Control is awful and should be done away with.

[JG183]

"ill maintained" or not, $125 a month for a garage in W.O. is very cheap.

You've enjoyed a sweet deal for a long time, think of all the $$ you saved in those years.

[Docendo discimus]

I don't think landlords/apartment buildings are required to provide any parking at all. It's your choice to own a car, and it's on you to find parking. If the property offers parking, that's just a perk (but, again, not a requirement...I don't think).

So rent control is irrelevant. And yes, I'm guessing your landlord is trying to make some money back via garage rentals, in part because of the rent control. $125 is still pretty cheap. That amounts to about $4 a day. Monthly garage parking is more like double that in most places. They are still offering you discounted parking.

If there is free "first-come-first-serve" parking on the premises, but there is a shortage because people abuse the parking allowances, you should talk to your landlord about 1st, changing those allowances. 2 parking spots max per unit, regardless of how many bedrooms. Why do 2-bedroom units get 3 spots? How many 2-bedroom units have 3 driving adults living in them? 2nd, car tags should be on file with management. If people are taking more than their fare share of spots, they should get towed. Maybe assigned parking spots are in order here.

[Retriever]

As has already been stated, rent control applies to living spaces, not to parking spaces, so a landlord is free to charge whatever he/she wants to charge.

[beachouse]

Agree with other posters stating that garages are not under Rent control.
If the landlord is charging above market rent the garages will sit empty.
West Orange is expensive.
Why not move to someplace cheaper?

[njchenlouer]

Thank you all for your feedback and comments!

$125 is probably the market price in WO for residential private garage as well. Based on my research, the price usually double but for a clean, climate control storage unit not a shed.

This increase does not encourage tenants to rent the garage as there are still many empty ones available for grab. Many find $70 is already excessive for a garage fee and chose free parking spot instead . Consequently, it won't help the landlord to solve partially the overcrowded parking spot issue.

The landlord has the parking policy sign posted at each entrance where all tenant car has to have a parking sticker if not it will be towed at owner expense. Unfortunately, it can not be reinforced due to WO law prohibits the car being towed without police issuing a ticket and police does not do their round at least per apartment management.

If it is up to me, I would move out of NJ in a heartbeat.

Out of curiosity, how do you interpret "...where not separately stated..." in below ordinance? Based on the contract excerpt below, I think it is considered as separately stated. Correct?

<< 15-2.4 Rental of Parking Space.
All charges to a tenant for rental of a parking space, where not separately stated, shall be added to the rent and be considered a part of the total rent. There shall be no independent increases in rent on parking spaces. (1972 Code § 17-2.4; Ord. No. 287-73 § 2)>>

Here is an excerpt of the contract:

<< Your present rent is $XXXX.00 plus a 3% increase of $XX.00 plus a tax surcharge of $0 plus other additional billing outlined below of $125.00 = $XXXX.00.
As of 09/01/2019 your monthly rent charges are as follows:
Rent: $XXXX.00
Garage parking charges: $125.00
Total: XXXX.00 >>

[JG183]

Originally Posted by njchenlouer

$125 is probably the market price in WO for residential private garage as well. Based on my research, the price usually double but for a clean, climate control storage unit not a shed.

A climate controlled storage unit is another animal entirely, you're not comparing apples to apples.

Originally Posted by njchenlouer

This increase does not encourage tenants to rent the garage as there are still many empty ones available for grab.

...for now

Originally Posted by njchenlouer

The landlord has the parking policy sign posted at each entrance where all tenant car has to have a parking sticker if not it will be towed at owner expense. Unfortunately, it can not be reinforced due to WO law prohibits the car being towed without police issuing a ticket

That sounds like a law that pertains to city streets. This parking garage is likely "private property", and certainly subject to "towed at owner's expense".