CATEGORY ONE:  SECURITY GUARDS & OUR SAFETY

(1) RESTORE 24-HOUR SECURITY GUARDS TO EACH LOBBY.  In the past, our buildings  never had security guards, only “greeters”. The 24 hour greeting service was removed from the lobbies of both building on April 1 or 2, 2007. The Tenant's Association believes that this is in violation of Newark's existing ordinance. This directly spurred the establishment of the 380-402 Tenants Association, which registered in April, 2007 with the New Jersey Tenants Organization (NJTO), and had its first meeting on May 1st.   Newark's ordinance requires that guards be stationed in the lobbies of every building over 100 units. This includes 8 hours overnight with an armed guard. Security is not effective unless they are in the lobby. Currently the greeters in the external booth don’t stop or question anybody walking towards the main doors. We want a real security force (not greeters), and we want to interact with them on a daily basis.  They need to be licensed and trained, and language to this effect is in the proposed security ordinance. Security works when we know who they are, and more importantly they know who we are. Putting guards in the lobby makes this happen. If the security guard has to leave the desk for any reason, they should be covered by a maintenance person.  Violation notices were issued by the City of Newark, but enforcement is on hold while the ordinance is getting updated. STATUS:  There are no security guards onsite. There is one "greeter" in a free-standing booth that acts as a centralized video surveillance room.

There's been a trend within building management circles to remove guards that personally interact with residents, and instead have a "centralized video surveillance room" where guards sit in a room somewhere looking at cameras (when not sleeping or reading).  This is more cost effective for management. Our experience has been this form of security is far less effective because the guards are not interacting with the tenants.

Ideally, we would like the buzzer system moved from the front door to the security desk.  This is the system used in all upscale building in Hackensack, Fort Lee, and along the Jersey City waterfront. Nobody would “buzz open” the main door except the security desk.  Once buzzed in by the guard, visitors would walk to the security desk,  and wait while the guard buzzes the tenant that the visitor wants to see. He'll get a “yes” or “no” to let them pass the security desk. The guards will not let anybody pass who does not receive clearance. If nobody is home, or the tenant says “No”, the visitor is not allowed to pass.

Leaving the buzzer system at the front door is a low-end way of having security. The problem is that people can still gain unauthorized access to the building by pressing multiple buttons until somebody lets them in, and then just signing in at the security desk as if they were granted access by the original person they came to see.

 (2) CONCIERGE SERVICES:  Establish some level of Concierge services for the security desks.  We understand that this isn’t a luxury hotel, but tenants and visitors should be greeted with the same warm smile that you get a hotel. The security desk should accept packages from UPS and other couriers, disperse bus schedules, information from the Mt. Prospect Business Improvement District, coordinate Extermination sign-up, disperse literature from management to tenants, refer potential tenants to the leasing office, and provide basic “Help” information as needed.  This low level of Concierge service should include basic internet service to research things that tenants request.  STATUS: There is no conceirge service

(3) CAMERAS --- More security cameras are needed around the properties, and should be viewed via closed circuit TV from the Security Desks.  STATUS:  Some additional cameras have been added

(4) COMMUNICATION ABILITY --- Security force, Superintendants, and Maintenance Personnel are to be given cell phones or Nextel phones (or at the very least walkie-talkies) to allow prompt and efficient internal communication.  In addition, the security desks should have land-line telephone access.  STATUS:  The Greeters are not on the Nextel system

(5) EMPOWERMENT OF THE SECURITY PERSONNEL:  They should be well versed on all the rules and policies of the building, and not just say “call Trudy” when people ask a question. They should be the eyes and ears of management in each lobby. They should be given authority to disperse excessive loitering, either at the main door or in the lobby.

They should be given all appropriate phone numbers, and be empowered to contact, as needed all of the following:

- Newark Police Department

- Superintendant in either building

- Maintenance Personnel in either building

- Trudy’s office

- the Maple Shade office of Audubon  

NOTE:  Our representatives met with staff at the Newark Rent Control office, and determined that units here are currently rented for LESS THAN the allowable amount pursuant to the Newark Rent Control ordinance. This is partly due to the low-quality security at the complex.  Low quality of life equals low rent.

(6) BALCONY RAILING SPACING – Investigate if the balcony railings in #380 are up to code with respect to the spacing of vertical bars, and the height of the railing itself.  We don’t want small children falling to their deaths, as has occurred in other high-rise buildings in New Jersey. The existing railings are  36“ high, and the openings vary from 4.75” to 5.0” wide. If these are in violation of any state of local code, every single railing must be replaced. Note that #402 has different style railings, and these are not at issue.  STATUS: We have learned that these openings are in violation at the 380 building, but they are "grandfathered".

 CATEGORY 2 – ONSITE MAINTENANCE PERSONNEL

(1) ONSITE SUPERINTENDANTS - The buildings were in violation of Newark Ordinances requiring onsite superintendents to live in each building, but this matter has been resolved.  New Superintendents were hired in August 2007 for each building.  STATUS: The Superintendants have to be registered with the City of Newark; to our understanding they have not been.  

(2) IDENTITY DISCLOSURES FOR SUPERINTENDENT'S, BLACK-SEAL CERTIFIED BOILER TECHS, and MAINTENANCE PERSONNEL - The names, unit #’s, and cell phone numbers of the two onsite superintendants must be posted.  Also the names, unit #'s, and cell phone numbers of the Black Seal Certified technician should be posted.  This person could also be the Superintendent, but not necessarily.  This should be done in both buildings so that in the event of an emergency, at least one of the super’s can be reached. The names of maintenance personnel should also be posted, along with a unit number if they live onsite.  STATUS: Unresolved.. 

(3) SUPERINTENDANTS TO HAVE GREATER ONSITE AUTHORITY:  They must be directed to respond to resident complaints 24/7, as needed.  They are to treat all tenants making inquiries with courtesy and respect.  They are to be given greater policing authority than they currently have. This includes knocking on people’s doors to address noise and odor issues, reporting illegal pets to management, and contacting the police when more serious issues arise.  STATUS:  There has been improvement, there is no longer a condition of anarchy

 (4) MANAGEMENT AND SUPERINTENDANTS TO NETWORK WITH POLICE:  Much greater interaction is needed between police and superintendants.

 -          Superintendants should be networking with the police regarding gang awareness matters, ongoing domestic abuse situations, and any reports of drug dealing, prostitution, or other criminal activity.

-           Superintendants should be chairing a joint meeting with the police and building management on a quarterly basis.

-          A quarterly report should be submitted to management.

STATUS:  Trudy Kellett, Property Manager as of February 2008, is a retired policewoman. There are no meeting or reports, but better interaction with police exists

(5) AVAILABILITY OF SUPERINTENDANTS:  The 24/7 Superintendant may not leave the premises unless covered by a staff maintenance person.   STATUS:  Unknown if this is policy

 (6) BLACK SEAL CERTIFIED TECHNICIANS --- As per the law, each building is to have an onsite person who has a Black Seal Certification to work on the common boiler and air conditioning units. Management recently incurred a very substantial fine for neglecting this responsibility. This person is to keep a log, updated every 2 hours, on the condition of each system that is up and running.  The Black Seal Certified Boiler Technician must live in the building.  Management currently has a system in which one employee is on call during the day to cover both buildings, and another employee (who lives onsite) is on call during the night to cover both buildings.  STATUS:  This is a big improvement over the previous status, but still not in compliance with the regulations.

 (7) ADEQUATE MAINTENANCE STAFF PER BUILDING --- Based on the number of units in each building, our understanding is that a formula exists which requires each building to have four maintenance personnel.  This includes the Black Seal Technician and/or Superintendant.  STATUS: We’ve been told that only 2.5 persons are currently on staff, and that 4 are needed per State codes.

(8) SECRETARY FOR THE RENTAL OFFICE --- Trudy Kellett is frequently out of the office addressing issues onsite, so nobody is there to answer the phone.  As a result, tenant's have a reduced ability to reach the office since Trudy Kellett. This is a problem, but we recognize that it is a "good problem". The prior manager was almost always in the office, not addressing issues onsite. And we had the leasing agent, Crystal Perez, who doubled as a secretary to answer the phone. The need to have a secretary to answer the phones has emerged as an issue.  STATUS:  uncertain, a part-time person might be answering phones, but not 40 hours a week.

 CATEGORY THREE --- LEAKING RISER PIPES AND ALL ASSOCIATED ISSUES.   MUST REPLACE ALL THE ORIGINAL RISER PIPES

 The Tenants Association is responsible for identifying larger systemic problems in the buildings. It has become apparent that leaking riser pipes are a major ongoing problem, because all the original pipes are nearly 50 years old. As the fail, they are causing catastrophic problems. The rate of failure has dramatically increased because the boilers were replaced, and the new boilers operate more efficiently and at higher pressure.  It has also come to our attention that prior building owners didn't use the appropriate chemical treatments in the heating/AC system, resulting in severe rust and corrosion in the 380 building's risers.  Building #402 has much less pipe problems. Most of the failures occur where the riser pipes connect to individual heater/ac units or other pipes, and at riser pipe elbows in the ceiling of the parking garage.

 Any licensed plumber knows that 60 year old steel riser pipes along with brand new boilers is a recipe for disaster. There were 6 major pipe bursts in the #380 building between July and late November.  (Note: these continued several per month after November, but they are occuring too frequently to document every one)

-          6C which damaged 5C, 4C, 3C, and 2C (most recently in July, 2007),

-          3H which damaged 2H and lobby ceiling (August, 2007) ,

-          These are 16E & 16F  which damaged 15E and 15F (early Oct 2007),

-          one below the D-line from the parking garage ceiling ( 10/19/2007)

-          5B, which impacted 4A and 4B (11/23/2007 or so), and

-          A severe leak began from ceiling of parking garage, generally under the west bedroom of unit 2D (11/24/2007)

That’s just in the last few months, and just in the 380 building. And this is not including other major leaks into the parking garage from pipes. Each flood seriously affected multiple apartments.   We expect this rate of failure to continue or intensify as the pipes age.

One way or another, management is going to incur the costs of replacing all the riser pipes within 10 or 20 years as they burst, plus (a) additional costs to repair the interiors of units and the lobby ceiling, (b) fines for heating system downtime (we’ll be on that one), and (c) legal costs to deal with irate tenants. Therefore, it is more cost effective for them to replace all the old pipes without incurring these additional costs and headaches. It’s most economical to do it as a bulk contract with a major plumbing company.  This work is best done in the Spring, right after the end of the cooling season. 

The other option is to have the leak problems addressed by the court as they occur, which is entirely unacceptable. We don’t want to be in and out of Court every year.

All the original riser pipes associated with the heating/cooling system are in such a severe state of deterioration that they must be replaced. This includes the pipes running from each heater/ac unit to the major vertical pipe in the wall. This is in our best interests as a Tenant’s Association, and in the owner’s best interests financially.

STATUS:  Management has decided to resolve all these matters, but it will take time.  In April, 2008, management completd the first ever complete replacement of a troubled riser pipe.  The feeder and draining riser pipes associated with ONE of the heater/AC units in the "B" line was replaced in the 380 building.  We don't know the exact cost, but suspect that the project may be in the range of $30,000.  The replaced pipes were generating a substantial percentage of the following problems in the 380 building.  Plans to replace the "J" and "D" risers are in the works.  

The following issues are associated with failures of the 4” riser pipes, and the pipes connecting the risers to the heater/ac units. These problems happen on an occasional and ongoing basis:

(1) NO HEAT --- the systems are frequently down due to riser pipe bursts and down time due to repair efforts. They can be down for an entire vertical “line” of units (for instance all “A” units), or down for the entire building. STATUS:  Management had the pipes isolated with shutoff valves, so that if one vertical line goes down, the water supply for the risers in the entire 380 building doesn't have to be turned off. This has greatly eliminated outages of heat and air conditioning

 (2) NO AIR CONDITIONING --- the systems are frequently down due to riser pipe bursts and down time due to repair efforts STATUS:  Management had the pipes isolated with shutoff valves, so that if one vertical line goes down, the water supply for the risers in the entire 380 building doesn't have to be turned off. This has greatly eliminated outages of heat and air conditioning

 (3) PLUMBING LEAKS DAMAGING CEILINGS, WALLS, CARPET, and FLOORING – associated mostly with the riser pipes for the heating and air conditioning system

(4) MOLD & MILDEW – caused by leaks associated with issue #3

(5) PARKING GARAGE FLOODING IN 380 --- Water is frequently seen dripping from pipes, and management is frequently fixing pipes above our cars (Note: 402 parking garage is not below their building)

(6) ELEVATOR OUTAGES --- water has occasionally reached the elevators and caused problems, but we cannot confirm the source of this water. 

 CATEGORY FOUR --- ELEVATOR PROBLEMS

(1) Outages continued for different reasons, including vandalism, shorts due to water infiltration, etc. until Trudy Kellett took over.  Both elevators in both buildings are brand new as of 2006 and 2007. Evidently the contractor  who installed them (Millenium Elevators) was never able to calibrate them properly, resulting in lots of "bugs" in the systems.  STATUS: In early 2008, Trudy Kellett secured the services of Atlantic Elevator, located only a few blocks from our complex. They were recommended by the Tenant's Association.  Atlantic Elevator fixed and calibrated the elevators in 1-2 days. They have been working excellently since then. Minor issues have occured, and been promptly resolved. The elevator crisis in both building is OVER.

(2) BACKUP GENERATOR TO POWER ELEVATORS --- The Tenants Association wants each building to have a backup generator to power the elevators. This way they will work in a power outage, and people won't get stuck in the elevators.  This same generator can power the electrical systems used to start the boilers. One needed for each building.  STATUS:  unresolved

(3) Unsure if water infiltration is from the plumbing, or the basement (also plumbing related)

(4) No inspection certificates in some elevators

ELEVATOR DISPATCH PRIORITIES are not a priority issue, but something that should eventually be addressed.

Status:  unresolved.

CATEGORY FIVE:  NO RETALIATION BY MANAGEMENT, OR FAVORITISM 

(1)     There will be no favoritism or prejudice when it comes to our requests for parking reallocation, upgrades to larger units, or requests for maintenance.  All tenants should have equal right to services, whether they are on good terms with management or not.  STATUS:  unresolved

CATEGORY SIX:  RENT REBATES & REPAIR PROTOCOL

(1) Establish a policy in which tenants who have not received repairs have the right to hire an outside contractor, submit the invoice, and deduct the amount from the rent due.  This is a rent rebate.  We think this is already allowed under state regulations.   STATUS:  No need for this policy, this is the law in the State of New Jersey

(2) We understand that the following percentages of rent reduction are allowed under 19:2-12.2. In the future, any tenant experiencing these problems is entitled to a rent rebate.

-  No heat – 45%

-  No water – 30%

- No hot water – 10% - 25%

- Roof leaks – 25% - 75%

- Non-functioning stoves or refrigerators – 10%

- Faulty electrical fixtures – 50%

- Inoperable plumbing fixtures (tub, sink, toilet, kitchen sink) – 15% per fixture

- Inoperable elevator for floors 5 and up – 10%

CATEGORY SEVEN:  ISSUES ASSOCIATED WITH BUILDING MANAGEMENT

In addition to security, staffing,  and problems inside our units, there have been serious concerns regarding how the buildings are run and managed, as follows:

(1)   REMOVAL OF LESLIE RODRIGUEZ --- The Tenants Association wants Building Manager Leslie Rodriguez removed from her position of managing the buildings located at 380 and 402 Mt. Prospect Avenue. She is inept and unable to juggle multiple tasks simultaneously.  She is hostile towards the Tenant’s Association, and has repeatedly lied. She has taken efforts to turn some residents against the Tenant’s Association, both by spreading negative gossip and by reporting back to them the source of complaints when it comes from our organization.  STATUS: Leslie Rodriguez was transferred to the Belleville facility in February 2008.  So far, the Tenant's Association likes Trudy Kellett, her replacement.  Trudy works much harder, and is making a difference here.

(2)   BETTER ACCOUNTING SYSTEM --- There are ongoing issues regarding charges and credits, and generally knowing the status of our accounts.  We want receipts when asked for.  We need a real invoice and receipt system. NOTE: This system is now in place, Trudy Kellett gives receipts.  She is attempting to straighten out the record-keeping. We understand that there are a lot of old records, and that issues will still arise.

(3)   EMERGENCY SERVICE PLAN ---  STATUS: The buildings are in violation of Newark Ordinance 18:3-1.101 for failing to have an Emergency Service Plan, and for failing to post it for public viewing.  The ordinance even says "The owner shall request tenants and the elected leaders of tenant associations that live in his/her residential apartment building to comment in writing on the effectiveness of emergency services described in his/her Plan".  Tenants may request a hearing before the Director of the Department of Neighborhood and Recreational Services to discuss the effectiveness of any Plan. This plan should include plumbing-related emergencies.

(4)   RULES & REGULATIONS  - The Tenant’s Association wants an orderly and structured environment to protect our Quality of Life.

-          Management has not posted the rules and regulations of the building. There are very few rules here, and nobody knows what they are. STATUS:  Some Rules were distributed in January, 2008. We still have not received rules electronically for posting. 

-         Management has not provided their rules to the Tenant’s Association for online posting, which we would gladly do on our website: www.380402tenants.org .

-         Management needs to have their own website for all information, not just rules and regulations.  Their newsletter is useless and nobody reads it.

-         Enforce policy in which garage doors, front doors, and side doors are never to be left open unless under active use by a tenant moving, or by repair crews. The garage door is repeatedly left wide open for hours after the repair crew has left.

-         Enforce policy against tenants storing furniture, shoes and sneakers, strollers, toys, umbrellas, and other items in the hallways. Hallways are also not to be used as staging areas for bags of garbage, not even for 5 minutes.  Tenants can keep filled bags of garbage on the inside of their door, and dispose of it when they leave.

-         Enforce all policies against the blasting of music

-         Establish reasonable hours for moving in or out.

(5) DOG LISTS --- Earlier this year, management adopted a firm policy – no dogs, but current dogs are grandfathered. 

(a)   An excel spreadsheet should be established listing all dogs, their unit #, license #, breed, month and year of dog’s birth, dog’s name, owner’s name, date the owner moved in, and date the dog moved in. This list is to be made accessible to the Tenant’s Association and to the public. This way all dogs can be monitored, and no new dogs will sneak in.

(b)   Upon signing a lease, tenants should sign a separate document stating that they acknowledge the dog policy; they acknowledge that existing dogs in the buildings are grandfathered, and they acknowledge that if they bring in a dog, eviction efforts against the dog and/or tenant will proceed.

(c)   Dogs urinating and defecating on balconies and in the elevators must be evicted from the premises, unconditionally.

(d)  There are dogs in the buildings which are not licensed by the City of Newark, and do not have all their shots.  Any grandfathered dog should be brought into compliance.

STATUS:  Management is now working harder regarding illegal dogs on several fronts

(6) UNAUTHORIZED RENT INCREASES – fall into several categories

(a) ILLEGAL RENT HIKE OF SEPTEMBER, 2007:  It has come to our attention that all residents who lived here in Sept 2006 received a mid-year rent hike associated with the “sale” of the building from one LLC to another within the same organization. This is in violation of Newark rent control ordinances that only allow for annual increases at the end of every 12-month period.  Rent roll-backs are in order, and the accumulated difference to be refunded to every unit.

(b) IMPROPERLY CALCULATED RENT INCREASES --- In some cases, management has hiked rents over the allowed 4%.  Reports have come in with double-charging for garages. Management has taken the total rent of the unit and garage, added 4%, and then added a $50 or $75 parking fee when that fee was already included in the annual rent increase.

(c) IMPROPER NOTIFICATION OF RENT HIKES --- According to the Rent Control Ordinance, landlords must notify tenants 30 days in advance of any annual rent increase, or it is INVALID.  We’ve never gotten this notification, usually it’s the day before.

(d) BOGUS LATE FEES. We suspect that some rent checks given on or before the 5^th of the month were scattered haphazardly on Leslie’s desk, and she diddn't find them until after the 5^th, or she doesn’t check the rent check in-bin until after the 5^th.  We think that Trudy is more on top of these matters, time will tell.

(e) REFUSAL TO ACCEPT LATE PAYMENTS:  Management has begun refusing to accept late payments, even on the 6th of the month, and are instead hauling tenants into court for eviction proceedings.  This is unacceptable.

(7) LANDLORD IDENTITY DISCLOSURE ACT

(a) The buildings are in violation of the NJ State Law by failing to post required information. These include ownership, management, superintendent's name, unit #, and telephone #.

(b) Also the contact information for the elevator repair company, the fire alarm company, and the boiler maintenance company must be posted in the buildings, and as part of the Emergency Service Plan