Responsibilities of tenants, landlords reviewed at forum
BY CLARE MARIE CELANO Staff Writer

FREEHOLD - Overcrowding and quality of life issues in the borough's 1,900 rental units have been in the news for several years.

In an effort to address some of the concerns of landlords and tenants, the Freehold Borough Human Relations Committee recently hosted a forum to deal with the rights and responsibilities of both parties. Also included in the forum were presentations about the code enforcement office and its role regarding the safety of residents and the compliance of rental units with municipal codes.

The forum, held in Borough Hall, was attended by about 35 people, including landlords and tenants. Translators were present so that Spanish-speaking individuals could be informed what was being discussed.

Presenters included attorney Jacqueline Biddle; attorney Kerry Higgins, who is the borough's municipal attorney; and Hank Stryker III, the director of the borough's Code Enforcement Office.

Biddle discussed the rights of tenants, which include living in a location that is habitable and safe with running water, heating, plumbing and electricity, etc. and that provides the ability to live with dignity.

She also discussed the tenant's obligations, which first and foremost include paying rent on time. A tenant is also responsible for maintaining the rental unit, keeping it clean and free of debris. Landlords have the right to enter the premises, but they need to give the tenant notice. A tenant should also give notice when he is leaving and not just vacate the premises. Having the landlord do a walk-through on the date the premises are vacated is also a good idea, according to Biddle.

Biddle told the landlords who were present that if they need to enter a rental unit they must notify the tenants before doing so.

During her presentation, Higgins addressed the audience on eviction procedures. A landlord cannot just throw someone out of their home, but must follow specific procedures, she said.

According to Higgins, in almost all instances, landlords are not allowed to evict someone before a lease has expired. They must provide a Notice to Cease if a tenant is violating the lease in some way. If the tenant does not comply with the Notice to Cease, then a Notice to Quit needs to be issued in one month. Only then can a landlord file for an eviction.

Legitimate reasons for eviction, according to Higgins, include not paying rent, not giving notice, disorderly conduct and willful destruction of property. In addition, when people are selling their home they cannot evict a tenant in the middle of a lease. If a landlord wants a tenant to leave, he must wait until the end of the lease.

If a landlord threatens to throw a tenant out of a rental unit, the tenant can call the police, according to Higgins.

The forum also covered certificates of occupancy, quality of life and safety issues. Stryker gave an overview of what his department does and what his inspectors are responsible for, including the inspection of all rental properties.

Stryker explained that performing inspections on rental units allows the department to make sure that living conditions are safe.

His inspectors, Matt Young, Julissa de Jesus and Sharon O'Conner, gave a brief explanation of their responsibilities, which include going to a home in response to a complaint such as overgrown grass or debris in the yard. The inspectors also respond to complaints about residential overcrowding and other safety issues. Stryker said a complaint of residential overcrowding must be verified. If the complaint is verified then an inspection is warranted and performed.

Upon arrival to inspect a

rental unit, inspectors are required to introduce themselves and tell the tenant why they are there. A consent form must be signed by the tenant. If a tenant refuses to sign the form inspectors cannot force their way in. At that point they would need to obtain an administrative search warrant fromMunicipal Court Judge Scott Basen.

Laz Cardenas, a member of the Latino LeadershipAlliance of New Jersey, said he thought the forum went well and was informative.

"It was geared toward both sides (landlords and tenants) and explained the rights and responsibilities (of each). I hope this forum promotes better relations between the code enforcement department and landlords and renters," he said.

Cardenas said the Rev. Frederick Parrish, who chairs the human relations committee, did a good job putting the forum together. He said he liked the interaction among the participants and the ideas that were exchanged.