Politics & Government
Montclair Landlords File Lawsuit Challenging Rent Freeze
First passed in May 2020, the freeze prevents any increase in the amount paid in rent in all units within Montclair's borders.
MONTCLAIR, NJ — A group of Montclair landlords have filed a civil rights lawsuit in the Superior Court of New Jersey challenging the constitutionality of Montclair’s rent freeze.
The Montclair Property Owners Association (MPOA) announced the launch of its lawsuit last week.
In December, the Montclair Town Council voted to extend its pandemic-inspired rent freeze until March 31. First passed in May 2020, ordinance O-20-08 prevents any increase in the amount paid in rent – or any additional charges by residential tenants – in all rental units within Montclair's borders, with some exceptions.
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- See related article: Montclair Council Extends COVID Rent Freeze, But Concerns Linger
According to the MPOA, the lawsuit seeks a permanent injunction against further extensions and enforcement of the freeze. It also seeks damages and attorneys’ fees.
“By adopting the rent freeze, Montclair’s elected officials knew that their actions would penalize property owners,” the suit alleges. “Because the Appellate Division confirmed the MPOA’s right to petition and referendum, the town enacted extensions of the rent freeze to punish the petitioners for exercising their constitutional rights.”
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“It is specious that the council even had the right to freeze rents, because none of the emergency orders from the state empowered local government to do so, and in particular, Montclair did not have rent control at any time during the emergency orders, which have now expired,” MPOA attorney Charles Gormally said.
“Where does it have the right to regulate rents?” Gormally questioned.
The township doesn't comment on matters under litigation, a municipal spokesperson told Patch.
- See related article: Montclair Rent Control: Landlord, Tenant Negotiations Break Down
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