BRACH EICHLER L.L.C.
101 Eisenhower Parkway Roseland, New Jersey 07068-1067 (973) 228-5700 Attorneys for Plaintiffs Gina DeNardo, individually and on behalf of all similarly situated and
Hoboken411.com
611-613, LLC, individually and on behalf of all similarly situated GINA DENARDO, individually and on behalf of all similarly situated and 611-613, LLC, individually and on behalf of all similarly situated corporate entities,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY
DOCKET NO.: HUD-L-00690-10 Plaintiff Civil Action
NOTICE OF PENDENCY OF CLASS ACTION AND CLASS ACTION
THE CITY OF HOBOKEN, HOBOKEN RENT LEVELING AND STABILIZATION
DETERMINATION
BOARD, SUZANNE HETMAN, MAYOR OF THE CITY OF HOBOKEN, CITY OF HOBOKEN MUNICIPAL COUNCIL
Defendants.
NOTICE OF PENDENCY OF CLASS ACTION AND CLASS ACTION DETERMINATION
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED AND YOU
MAY
BE
ENTITLED TO
MONEY
AND OTHER
BENEFITS THROUGH THE ABOVE CLASS ACTION.
THIS NOTICE IS NOT A SUED.
NOTIFICATION THAT YOU HAVE BEEN
THIS IS A NOTICE TO ADVISE YOU OF THE PENDENCY OF THE
ABOVE CLASS ACTION AND CLASS ACTION DETERMINATION AND TO ADVISE YOU OF YOUR RIGHTS. THIS NOTICE SHOULD NOT BE UNDERSTOOD AS AN EXPRESSION
OF ANY OPINION BY THE COURT AS TO THE MERITS OF ANY OF THE CLAIMS ASSERTED BY PLAINTIFF OR ANY DEFENSES ASSERTED BY THE DEFENDANT.
I.
WHY YOU ARE RECEIVING THIS NOTICE
You are receiving this notice because Defendants' records show that you may be a member of the Class. If you fall within one of the above definitions, you will be a Class member unless you exclude yourself as provided in Section V. Being a Class member
Hoboken411.com
means that you will have the right to participate in the within action. If the action results in adjudication or settlement of the claims, all Class members who do not exclude themselves will release any claims they may have against Defendants, which are related in any mannerto the allegations of the Complaints filed in this action. This notice advises you of the nature of the action, the definition of the certified
class, the class claims and defenses, your right to appear and object and/or exclude and the binding effect of the action. II.
THE DEFINED CLASS
Through the Court's April 1, 2010 Order, the Class is defined as all current and
former multi-family property owners whose property is orwas subject to the regulations contained in the Hoboken Rent Control Ordinance. III.
NATURE OF THE ACTION
This class action is brought on behalfof plaintiffs in their own right and as class representative of all current and former multi-family property owners whose property is or was subject to the regulations contained in Chapter 155 of the code of the City of Hoboken (the "Rent Control Ordinance"). The plaintiffs allege that the Class has been victimized by the Defendants' systematic failure to uniformly and constitutionally administer and enforce the Rent Control Ordinance in violation of N.J.S.A. 10:6-2, 42 U.S.C. ยง1983 and ยง1988, the Constitutions of New Jersey and the Constitution of the United States of America.
Specifically, the plaintiffs allege that for more than twenty-five (25) years, the
defendants, through inefficiency, inaction, and the administration of unwritten policies and procedures, enforced the Rent Control Ordinance in a manner inconsistent with its
express language. The plaintiffs allege that, in or around 2006, the defendants, despite the full knowledge of its prior policies and procedures, retroactively changed their policies and procedures. The plaintiffs allege that the defendants now enforce the Rent Control Ordinance in a manner that the Classcannot comply with.
On their own behalf and the Class, Plaintiffs seek a declaration and adjudication that the City of Hoboken, Hoboken Rent Leveling and Stabilization Board, its Rent Control Office, as well as those individuals charged by the City of Hoboken with enforcing and administering the Rent Control Ordinance, have violated N.J.S.A. 10:6-2, 42 U.S.C. ยง1983 and ยง1988, the Constitutions of New Jersey and the Constitution of the
United States of America and are entitled to a remedy including, but not limited to, injunctive relief and damages as authorized underthe applicable laws.
Hoboken411.com
The complaint seeks damages for (a) violations of the New Jersey Civil Rights Act, N.J.S.A. 10:6-1, et seq. ("NJCRA"); (b) violations of 42 U.S.C. ยง1983 and ยง1988 and other relevant statutes; (c) violations of the City of Hoboken Rent Control Ordinance and regulations; (d) violations of the Constitution of New Jersey; and (e) violations of the Constitution of the United States of America. As part of the sought relieve, plaintiffs request that the Court permanently enjoin the process known as a "rent calculation" which is performed under Regulation 10:54(A) of the Hoboken Rent Control Ordinance. The Defendants' deny any wrongdoingin this action and dispute all of plaintiffs' allegations. IV.
RIGHT TO APPEAR THROUGH COUNSEL
If you so desire, you have the right to enter an appearance through counsel in this matter. In that regard, your counsel should file a formal appearance with the New Jersey Superior Court, Hudson County Courthouse, located at 595 Newark Avenue, Jersey City, New Jersey, 07306. If you elect to not appear in this matter through separate counsel, you do not need to do anything further as the Class Action claims will be prosecuted by the Court appointed class action counsel, as discussed in Section VII. V.
YOUR OPTIONS - RIGHT TO OPT OUT
You also have the right to exclude yourself from this Class Action. You may exclude yourself from the proposed action by sending written notice of your desire to be excluded. IF YOU EXCLUDE YOURSELF, YOU WILL NOT PARTICIPATE IN THE ACTION, WILL NOT BENEFIT FROM ITS RESULT AND WILL NOT BE BOUND BY THE JUDGMENT/RELEASE OBTAINED AT THE CONCLUSION
OF THE ACTION. If you choose to exclude yourself from the proposed Class, you may be entitled to bring your own action. If you wish to be excluded from the Class, you must send a first-class mail letter setting forth the following: (1) your name and address; (2) the case name and number; (3) a statement that you have received the within notice and elect to exclude yourself from participation in the proposed settlement; and (4) your notarized signature. You must mail your request for exclusion to counsel for Plaintiff, listed below:
c/o CHARLES X. GORMALLY, ESQUIRE Brach Eichler L.L.C. 101 EISENHOWER PARKWAY
ROSELAND, NJ 07068-1067 PHONE (973) 228-5700 FAX (973) 228-7852
EMAIL: CGORMALLY@BRACHEICHLER.COM Counsel for Plaintiffs
PLEASE NOTE: If you do not request exclusion, then you WILL be bound by any judgment in the action as discussed in Section VI.
VI.
BINDING EFFECT OF JUDGMENT IN CLASS ACTION
Hoboken411.com
If you do no request exclusion from the Class action, any judgment entered in this action, whether or not favorable to the class, shall be binding upon you as a Class member. Thus, if you do not want to be bound by this Action, you must exclude yourself from participation pursuant to Section V. VII.
CLASS COUNSEL
On April 1, 2010, the Court appointed Charles X. Gormally, Esq. and Brach Eichler, LLC as attorneys for the Class ("Class Counsel"). Class members will have no obligation to pay Class Counsel any attorney's fees or litigation expenses. Class Counsel will apply to the Court for an award of counsel fees and reimbursement of litigation expenses.
VIII.
CHANGE OF ADDRESS
If this notice was sent to your correct address, you do not need to do anything. If the address on this notice was incorrect in any way, or if your address changes, please update your address. Class members may update their addresses by sending correspondence providing updated information to: c/o CHARLES X. GORMALLY, ESQUIRE Brach Eichler L.L.C. 101 EISENHOWER PARKWAY
ROSELAND, NJ 07068-1067
PHONE (973) 228-5700 FAX (973) 228-7852 EMAIL: CGORMALLY@BRACHEICHLER.COM Counsel for Plaintiffs
IX.
IF YOU NEED ADDITIONAL INFORMATION
The court papers filed in this case are available for inspection in the New Jersey Superior Court, Law Division located at the Hudson County Courthouse located at 595 Newark Avenue, Jersey City, New Jersey, 07306. Please do not call the Judge or Clerk of the Court. They will not be able to give you advice about this case. If you have any additional questions please call Charles X. Gormally, Esq. at (973)403-3111.