Overview: In a recent Nutley Rent Leveling Board meeting, a motion was carried to limit the rent increase for a garage on Warren Street to 5%, including it under the rent control ordinance. This decision followed a dispute between a tenant, who argued that the garage had always been part of her rent, and the landlord, who claimed the garage was not a living space and thus not covered by rent control. The board referenced a 2011 memo by former attorney Mr. Gizzo, stating all rent is subject to the code, but also acknowledged that the definition of a dwelling unit could be open to interpretation. Despite the landlord’s attorney presenting three main points to exclude the garage from the rent control, the board ultimately decided in favor of the tenant, recognizing a clerical error omitted the garage from the 2020 lease but did not change the terms of occupancy.
