Raising Rent In Lakewood

[ari3]

Halachically? Legally? Is any of this retroactive?

Legally you can raise rent 5% a year (a bit more if rent includes utilities) and it is cumulative up to 4 years. Hence if you haven't raised rent in 4 years you can raise it about 21.5%. This is not retroactive. There is an exemption for new construction.

As others stated many Lakewood poskim rule that the rent ordinances constitute (or created) a minhag.

[ari3]

As far as I know, the only authority would be the Lakewood inspection dept. It seems really strange that they would pick one random basement to go after with a 5 figure fine

Generally they don't go after people currently unless someone complains and requests they go after you. Years ago these kind of problems were more common (including inspectors peeping into basements etc.)

[ari3]

What happens if the tenant refuses to agree to the increase? Not sure about eviction being an option for "illegal" basements.

I would hope LT issues between 2 frum yidden would be dealt with in Beis Din not court

[dealfinder11]

Generally they don't go after people currently unless someone complains and requests they go after you. Years ago these kind of problems were more common (including inspectors peeping into basements etc.)

In this case someone complained with a clear agenda.

[dealfinder11]

I would hope LT issues between 2 frum yidden would be dealt with in Beis Din not court

Agreed

[David61]

How about where the landlord is in Kollel with a large family while the tenant & spouse are both working and have a small family?

The point was that unbridled capitalism is not always consistent with Torah Haskafah/Kiddush Hashem/Daas Chachamim/Ruach Habriyos, even when there is no explicit halachic prohibition.

To your question, the less objective considerations mentioned, respectful discussion, or a mutually respected independent third party (Rov) may be helpful in such cases.

[aygart]

The point was that unbridled capitalism is not always consistent with Torah Haskafah/Kiddush Hashem/Daas Chachamim/Ruach Habriyos, even when there is no explicit halachic prohibition.

To your question, the less objective considerations mentioned, respectful discussion, or a mutually respected independent third party (Rov) may be helpful in such cases.

Nobody had a problem with it when it was the tenants threatening to move out of their rent didn't go down

[yesitsme]

In a residential?

any 4 unit attached construction IE duplex upstairs + downstairs requires fire dampers and sprinklers installed by NJ state law
that's what I heard I'm not a lawyer

[ae123]

Nobody had a problem with it when it was the tenants threatening to move out of their rent didn't go down

And in some cases it's the very same tenants who are upset with their landlords raising the rent!

[David61]

Nobody had a problem with it when it was the tenants threatening to move out of their rent didn't go down

You are correct, the concept of yielding to the "weak" on "essential needs", is inherently not balanced/fair.

You can call it tzedoko/humanitarian but it's also an expectation of Chazal (and most modern societies).

For example: (You may not agree with all these examples, but as an illustration)
--We give tzedoko to a once-wealthy-miser who is now in need.
--Medicaid covers long-term care to the elderly person who blew-or-gave-away all their money, or to the person who never worked.
--There are rent control laws (in some areas) to protect the (tenant presumed to be financially) weak(er).
--Men/adults are usually physically stronger than women/children and held to a higher standard if using physical force.
--An uninsured person can walk into any Hospital ER and get top-tier medical treatment.
--Convicted criminals have many rights while in prison.
--The idea of personal bankruptcy and a fresh financial start (as opposed to the use of debtors prison)

. . . . rather than being "fair" and letting them "just suffer the consequences".

[aygart]

You are correct, the concept of yielding to the "weak" on "essential needs", is inherently not balanced/fair.

You can call it tzedoko/humanitarian but it's also an expectation of Chazal (and most modern societies).

For example: (You may not agree with all these examples, but as an illustration)
--We give tzedoko to a once-wealthy-miser who is now in need.
--Medicaid covers long-term care to the elderly person who blew-or-gave-away all their money, or to the person who never worked.
--There are rent control laws (in some areas) to protect the (tenant presumed to be financially) weak(er).
--Men/adults are usually physically stronger than women/children and held to a higher standard if using physical force.
--An uninsured person can walk into any Hospital ER and get top-tier medical treatment.
--Convicted criminals have many rights while in prison.
--The idea of personal bankruptcy and a fresh financial start (as opposed to the use of debtors prison)

. . . . rather than being "fair" and letting them "just suffer the consequences".

Oh, I think everyone agrees that it is a very nice thing to do, but once it is in the realm of tzedoko then that leads to a number of considerations.

What if the landlord needs the money?
What if it is a choice between raising the rent and
-- paying full tuition?
-- Supporting a child in kollel?
-- helping a needy family member?
-- Giving the money to others who may need it more than the tenant?

[David61]

I said "You can call it Tzedoko". But I also said "it's expected" (meaning that it's mandatory/required).

Failure to do so would generally be achzariyus and I don't think Hashem/Chazal generally wants someone to act with achzariyus in order to support Torah.

There might be rare exceptions, but in general that is how I think Hashem, Chazal and lehavdil most people/societies view proper to act.

[aygart]

I said "You can call it Tzedoko". But I also said "it's expected" (meaning that it's mandatory/required).

Failure to do so would generally be achzariyus and I don't think Hashem/Chazal generally wants someone to act with achzariyus in order to support Torah.

There might be rare exceptions, but in general that is how I think Hashem, Chazal and lehavdil most people/societies view proper to act.

There are halachos about the topic but this seems  just made up based on your feelings

[David61]

There are halachos about the topic but this seems  just made up based on your feelings

I would characterize my view as based on Chazal as stated in Pirkei Avos (as quoted earlier), and based on Derech Eretz (as elaborated on above).

To me this is the 5th chelek of Shulchan Aruch, that they refer to.

But we seem no closer to a meeting of minds then when we started the conversation. So little sense in further debate.

[yesitsme]

 

I would characterize my view as based on Chazal as stated in Pirkei Avos (as quoted earlier), and based on Derech Eretz (as elaborated on above).

To me this is the 5th chelek of Shulchan Aruch, that they refer to.

But we seem no closer to a meeting of minds then when we started the conversation. So little sense in further debate.

Based on your comments you view it as an opportunity to make yourself rich because of leverage you don't take any rising costs into account maintenance taxes etc, you should run with the same pirkei avos to the grocery store

[aygart]

To me this is the 5th chelek of Shulchan Aruch, that they refer to.

The only ones who should be telling others about a 5th chelek of SA are ones who know the original 4. Otherwise it is simply "what feels good to me"

[yelped]

My tenant's lease expired in October and I still haven't raised the rent, although typical rent for that size/location/condition has increased by at least $800. I am still on the fence about it, though the fact that they are super nice and he is learning makes me not want to raise them.

In the end I caved and raised it for the next month, although by far less than the current market rate and they did benefit from almost a year out of contract at the lower rate.

[yeshivabucher]

In the end I caved and raised it for the next month, although by far less than the current market rate and they did benefit from almost a year out of contract at the lower rate.

what was their response to it?

[yelped]

what was their response to it?

Very gracious about it BH.

[aygart]

Very gracious about it BH.

Great. Anyone realistic should understand some level of raise in rent.