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socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I want to see if i have a case against a company that is

Customer Question

I want to see if i have a case against a company that is running an illegal hotel in my multiple dwelling rental building in New Jersey. All the detail's of my argument are in the link below that will take you to a PDF. https://scott-macon.app.box.com/s/wnym1uxjkvqfl1ti2457sqhuglzpiq5d
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I can give you any additional detail needed. Thank you.
Customer: replied 1 year ago.
See jersey city ordinance below which is where this is located along with link to full documentation which states it is illegal to operate a non registered hotel in jersey city.https://www.municode.com/library/nj/jersey_city/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22hotel%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=CH254PRMA_ARTXVLI_S254-82LIREARTICLE XV - LicensingFOOTNOTE(S):--- (21) ---Editor's Note: See also N.J.S.A. 55:13B-1 et seq.§ 254-82. - License required.
[Amended 4-14-1983 by Ord. No. MC-340]A.
No person, firm or corporation shall manage, conduct or operate the business of keeping a furnished apartment, hotel or motel, referred to hereunder as "establishments," subject to licensing, without first securing a license therefor within the time and manner provided, nor shall any owner permit on premises owned by him or her the operation of such an establishment without a license.
B.
No building or parts of a building shall be used as a furnished apartment, hotel or motel prior to the person, firm or corporation desiring such use making an application and receiving a license to be issued by the Director in accordance with the provisions of §§ 254-83 through 254-87 of this article.
C.
A license shall be issued only for buildings meeting the requirements of this chapter and to the person desiring actually to use the building as a hotel, furnished apartment, motel (or dormitory), and said license shall terminate at any time after its issuance in the event that the use of the building for such purpose shall cease, or the building shall be officially declared not to be in compliance with this chapter or other applicable ordinances or rules and regulations thereto.
Expert:  socrateaser replied 1 year ago.
Hello, Are you asking if you can sue the company privately, for their violation of the zoning ordinances -- or, are you asking whether or not your statement of facts is sufficient to bring the matter to the attention of local code enforcement authorities?
Customer: replied 1 year ago.
First I really want to break my lease... So I was thinking if Grand Street who gets paid by Sky City saw this and thought it would have validity with the local authorities in shutting down Sky City operations as well as fines for Grand Street that they would let me break my lease. Further, if you think this case has actual validity in significantly hindering Sky City operations than i would maybe ask for a reimbursement of rent or something like that for living in an unsafe and criminal establishment. So essentially do you think that Sky City is running an illegal hotel in my building and would reporting this with the evidence i have prepared be enough of a burden on my building to compensate me or let me break my lease?
Expert:  socrateaser replied 1 year ago.
I was thinking if Grand Street who gets paid by Sky City saw this and thought it would have validity with the local authorities in shutting down Sky City operations as well as fines for Grand Street that they would let me break my lease. A: If what you mean is that you intend to threaten to report the property management to the authorities unless you are released from further obligation under your rental agreement, then that's criminal extortion. Probably not a very good plan. Further, if you think this case has actual validity in significantly hindering Sky City operations than i would maybe ask for a reimbursement of rent or something like that for living in an unsafe and criminal establishment. So essentially do you think that Sky City is running an illegal hotel in my building and would reporting this with the evidence i have prepared be enough of a burden on my building to compensate me or let me break my lease? A: If the property management is running an unlawful hotel in your building, you can contact city or county code enforcement and request an investigation. If code enforcement orders the property management to cease and desist, then that would be evidence that you could use to sue the property management for breach of the implied covenant of quiet enjoyment in your rental, and/or for private nuisance, and you could request damages for the "diminished value of your rental." That would give you some negotiating leverage, to break the lease. But, you can't threaten to expose the property management for its code violation, because until the court actually determines that the violation exists, the property management isn't liable for any unlawful activity. And, that is the classic element of extortion. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Okay, could i email the document as is with a few minor changes and making sure their are no threats to my property management with the document attached and and the body of the email saying:"It is my opinion that under New Jersey Law and Jersey City Ordinances that their is an illegal hotel being operated by Sky City in your building (9 Regent St) as stated and explained in the attached document. Due to Sky City's operation I have felt unsafe in the building due to the vast number of guests coming in and out of the building (around 500 in June-'15). I was told prior to signing the lease that their was no Hotel in the building and instead "Corporate rental apartments owned by a corporate rental company, it is not a hotel., they have a handful of units for short term rentals, with minimum terms." via email.I would very much like to get out of my lease due to feeling very unsafe in the building."
Expert:  socrateaser replied 1 year ago.
You could do that. But, don't expressly or impliedly threaten that you will report the property management, if they don't let you out of the lease. If you do, you may be in the soup! I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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