Home overcrowding in N.J.'s crosshairs
Red Bank drafting ordinance aimed curbing abuses
BY MELISSA KARSH Staff Writer

RED BANK - A bill currently making its way through the state Senate could have an impact on towns such as Red Bank if it eventually becomes law.

The proposed legislation addresses residential overcrowding in private homes, but not apartment complexes.

Overcrowding in rental homes has become a growing problem in Red Bank in recent years. An influx of undocumented aliens who are looking for affordable housing and a rise in absentee ownership have been cited as reasons why this situation is occurring.

Bill S-164, whose primary sponsor is Sen. Anthony R. Bucco (R-Morris County), "would allow municipalities to adopt ordinances authorizing the issuance of summonses upon certain landlords and tenants alleged to have violated occupancy requirements resulting in overcrowding

"The bill would allow for the imposition of fines upon a culpable landlord or tenant of up to $2,500 for a first violation, $5,000 for a second violation, and $10,000 for each subsequent violation. These fines would be in addition to any other fines or penalties authorized by law. The bill would require that a hearing be held before any fines could be imposed. The bill would not be applicable to seasonal rentals or to buildings with more than four residential rental units."

The bill was introduced in the Senate on Jan. 8 and was referred to the Senate Community and Urban Affairs Committee. On Feb. 14 it was reported from the Senate committee with amendments for a second reading in the Senate, according to theNew Jersey Legislature's Web site.

Red Bank Mayor Pasquale Menna said in an interview with The Hub March 26 that he supports any legislation that imposes higher fines for overcrowding offenses.

"People are making a lot of money on overcrowding," saidMenna. "We've tried to appeal to them in terms of community involvement, but unfortunately landlords only understand that the fines are increased."

Current fines in Red Bank range from an unspecified minimum depending on the circumstances to amaximumfine of $1,250, said Menna.

He said the municipal judge has discretion when it comes to issuing the fines but they cannot exceed the $1,250 cap imposed by state statute for particular ordinance violations.

"The problem has become more prevalent, and the other problemis we've had unscrupulous and greedy landlords dumping on our town. They're living inmansions and investing in properties and running them down by overcrowding them in Red Bank. It's just not right. Our residents deserve the same quality of life that they get in Colts Neck," said Menna.

As part of Menna's crackdown on overcrowded housing in Red Bank and the landlords who promote it, he announced in January that he and the borough attorney are drafting a measure to curb the abuse.

Menna said themeasure is coming along and they are waiting for one final legal hurdle before announcing it within the month.

He said Red Bank's ordinance does not draw many similarities to Bucco's bill, and it in fact takes the issue one step further.

"[The measure] takes it a little bit beyond, which will probably start curing the problem," said Menna.

One initiative Menna has championed in the past is publishing the names of landlords who have pleaded guilty to multiple overcrowding offenses.

In an interview with Greater Media Newspapers, Bucco explained that the proposed law is aimed at landlords who are renting homes, but not apartment complexes. The senator said his research indicated that the owners of apartment complexes are more diligent in taking care not to overcrowd tenants in a unit and in monitoring the occurrence of overcrowding in their buildings.

He said apartment complex landlords are also better at inspecting their buildings because they have amuchmore substantial investment in their building than a landlord who owns a single home.

The bill clarifies existing law by distinguishing between illegal occupancy resulting in overcrowding that is caused by landlords and that which is caused by tenants. It specifies that landlords would not be obligated to pay for a tenant's relocation when the tenant's own conduct is the principal cause of the residential overcrowding.

According to Bucco, the bill would give a landlord the right to an expedited eviction when a tenant was the principal cause of the overcrowding. That is something he said can only happen now in dire circumstances.

The senator said it could take another two years for the bill to become law.

Bucco said his legislative district has had serious problems with residential overcrowding and said he has been looking for solutions.

"Many of the landlords receive $10,000 or $15,000 per month from their tenants," the senator said. "The landlords have no regard for the safety of their tenants, for first responders such as firefighters, police officers or first aid squad members, or for neighbors in surrounding homes."

Red Bank Councilwoman Mary-Grace Cangemi, who is the council liaison to the borough Department of Code Enforcement, said overcrowding has become worse in the borough in recent years.

"Greed is the reason it [overcrowding] has gotten worse.As a landlord you need to know what fair market value is and you charge fair market value. If you charge more … then you run the risk of tenants having to bring inmore people to cover that rent. On the other side of that, if you are a tenant who wants to save a couple of bucks and overcrowd the house, that's greed, too," said Cangemi in a recent interview.

She said the problem is artificially driving up the cost of housing in the borough, and dealing with overcrowding in rental homes ultimately becomes a safety issue.

"Themost important thing that we need to do right now is to gain compliance. We need to stop the overcrowding situation," said Cangemi. "We need to motivate everyone involved to be in compliance. This is predominantly a health and safety issue, and we're doing everything we can to keep people in Red Bank safe."

Cangemi said inspectors have found people living in closets and without running water, including children.

"At the time at whichmore of this information is released, I hope we can release photographs of some of what we have seen at these properties," she said, "because they will bring to the forefront just how disturbing in some cases, and potentially dangerous, some of these situations are."