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Newark NJ apartment complex attempts a gun ban for tenants

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1 minute ago, Darrenf said:

Didn’t the Supreme Court already declare this unconstitutional, or was that a district court I’m thinking of.

I think it’s how it applied to HUD buildings as opposed to a regular privately owned apartment building. The leasing laws in those cases vary greatly. 

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This doesn't have the effect of law. it is not criminal to violate it. NJ statute allows you to keep a firearm in your home. As long as no one knows you would be OK. In the event the landlord discovers you have a firearm he could break your lease. So get rid of those Glock bumper stickers and tee shirts :lol:. It also might make for a nice court case for infringing on your constitutional rights.

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27 minutes ago, NJGF said:

This doesn't have the effect of law. it is not criminal to violate it. NJ statute allows you to keep a firearm in your home. As long as no one knows you would be OK. In the event the landlord discovers you have a firearm he could break your lease. So get rid of those Glock bumper stickers and tee shirts :lol:. It also might make for a nice court case for infringing on your constitutional rights.

Say a tenant were to ignore the ban then use their firearm in a home defense situation, would the intruder have grounds to sue the complex b/c guns were banned? Besides breaking lease, any lawsuit for building owner against Tennant? The fact that these questions came to me is depressing.

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38 minutes ago, Bringit99 said:

Say a tenant were to ignore the ban then use their firearm in a home defense situation, would the intruder have grounds to sue the complex b/c guns were banned? Besides breaking lease, any lawsuit for building owner against Tennant? The fact that these questions came to me is depressing.

I believe so, it's called false advertising. The building owner advertised sheep ripe for the slaughter and it turns out one of those sheep was armed. Shame on the owner for such false promises of easy prey!

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Seems that it is some form of public housing...

Christie Administration Marks Grand Opening of Richardson Lofts in Newark

Buried in the press release is the following:

Quote

RPM Development LLC, the project developer, has developed approximately 2,000 affordable housing units in New Jersey. The company has received wide recognition for its efforts to assist in the revitalization of inner cities by renovating old, vacant and historic properties and developing abandoned vacant parcels in many communities in New Jersey.

Considering that the OP's screenshot of the note references "RPM's General Counsel", this sounds like a lot of grandstanding from another holier-than-thou business injecting their anti-2A opinion.

Not to mention that according to the facility's actual rental page, pets are not allowed.  Double screw them...

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4 hours ago, Bringit99 said:

Say a tenant were to ignore the ban then use their firearm in a home defense situation, would the intruder have grounds to sue the complex b/c guns were banned? Besides breaking lease, any lawsuit for building owner against Tennant? The fact that these questions came to me is depressing.

What about the flip of that statement?  Now that the complex owner has "banned" firearms, they have now taken-on the responsibility of protecting the tenants.........If I lived there, my question would be what are THEY doing to assure MY protection; and who is THEIR insurance carrier/limits for the inevitable failure of their responsibility? 

This could be fun.......  

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This building is heavily subsidized by the government. I really don't see how they can limit a persons rights when it's receiving tax payer money. 

Like almost any other private company, once they accept government funds, they must adhere to the same limitations placed upon the government.

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23 hours ago, maintenanceguy said:

Please explain more.

New Jersey pre-emption law is strong.  Yes, we have home rule and towns can do a lot, but they are not allowed to make ANY law that is stricter than NJ state law.  This would, for instance, keep a NJ town from passing a "no rifles allowed" law.  Municipalities and other such entities in NJ (HOAs, etc.) would probably fall under this category as well.  Public housing administered by the local government, much more likely covered than a private venue.   Of course, IANAL :)

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AFAIK, if the building is privately owned, yes, they can do this.

The difficulty is  -- I'm not sure that they can enforce it -- at least without making an apartment-to-apartment search (4th Amendment) unless the tenants has signed a lease allowing landlord inspections of all their property (if your lease says you have to allow inspections of the inside of your safe...)

Richardson Lofts, 50 Columbia St, Newark, NJ 07102

http://www.richardsonlofts.com/index.aspx

Looks like it's privately owned.

It doesn't look like they tell you up font what the rents are, so I'll take a guess that the rent you pay depends on the tenant class that that you belong to. If that means lots of Section 8 neighbors, no matter what the landlord says, tenants will have guns (and drugs). Basically, the landlord is disarming the full-fare tenants.

Probably some SJW tenant gave the owner an earful.

Incidentally, they may be able to ban pets. But they can NOT ban service dogs. (And, I'd guess, service cats and service gerbils.)

https://www.servicedogcertifications.org/landlords-service-dog/

Quote

Overview

 

A jewelry factory reinvented – adding modern design and comforts to historic character

Richardson Lofts is at the heart of downtown Newark. This impressive structure celebrates its historic past, with a grand spiral staircase and open atrium, and embraces the area’s bright future with two new stories featuring modern penthouse duplexes. All apartments in Richardson Lofts include thoughtfully-designed layouts, modern features, and all the amenities you desire.

Shops, restaurants, and cultural attractions such as the Prudential Center surround Richardson Lofts. Take in the symphony at the Grand Hall of the New Jersey Performing Arts Center, attend baseball games at Bears & Eagles Waterfront Stadium, and experience vibrant nightlife — all within walking distance. Imagine the quick and convenient commute to Manhattan, and you’ll find that Richardson Lofts is THE place to live in downtown Newark.

 


Pet Policy

Pets are not allowed

Office Hours

Monday: 10:00 AM-04:00 PM
Wednesday: 10:00 AM-04:00 PM
Newark Leasing Office 1 is located at 999 Broad St, Newark. Walk-in hours Monday & Wednesdays only from 10am to 4pm ONLY.
 
 

Why Choose Richardson Lofts

Apartments at Richardson Lofts are equipped with Air Conditioner, Cable Ready and Carpeting. This apartment community also offers amenities such as Bike Racks, Controlled Access/Gated and Elevator and is located on 50 Columbia Street in the 07102 zip code. Choose your preferred Studio Apt, 1 Bedroom Apt or 2 Bedroom Apt with floorplans ranging from 492 Sq.Ft to 1446 Sq.Ft., and contact the property manager today to ask for more details!

 

 

 

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39 minutes ago, Bob2222 said:

AFAIK, if the building is privately owned, yes, they can do this.

The difficulty is  -- I'm not sure that they can enforce it -- at least without making an apartment-to-apartment search (4th Amendment) unless the tenants has signed a lease allowing landlord inspections of all their property (if your lease says you have to allow inspections of the inside of your safe...)

Richardson Lofts, 50 Columbia St, Newark, NJ 07102

http://www.richardsonlofts.com/index.aspx

Looks like it's privately owned.

It doesn't look like they tell you up font what the rents are, so I'll take a guess that the rent you pay depends on the tenant class that that you belong to. If that means lots of Section 8 neighbors, no matter what the landlord says, tenants will have guns (and drugs). Basically, the landlord is disarming the full-fare tenants.

Probably some SJW tenant gave the owner an earful.

Incidentally, they may be able to ban pets. But they can NOT ban service dogs. (And, I'd guess, service cats and service gerbils.)

https://www.servicedogcertifications.org/landlords-service-dog/

 

 

 

I'm pretty sure that  even private entites are held to government standards when they use government funding. So public housing and subsidized low income housing could very easily fall under protections of the Constitution. 

These guys got millions of dollars from the government to build this place, and receive tax credits. It may be privately owned, but it's government funded. And the courts ruled in many cases for constutional protections when the government funds  private business.

The place may be owned privately, but it can be treated as a public entity specifically because of the public's stake in the company. 

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Thinking about it a little more -- I don't think that a landlord can unilaterally modify a lease (by posting notices in public spaces.)  I'm guessing that there isn't any firearm prohibition clause in the lease, because if there is, there would be no reason for the notices.

If you pay your rent on time, don't damage the apartment and don't create a nuisance, I don't see that a landlord would have any reason to evict you.

Also, are they saying that they won't rent to LEOs? If a Newark Police shows up in uniform will they refuse to rent to him? That seems super-duper dumb. (Or maybe the Newark Police know enough to avoid the place.)

Quote

However, when it comes to enforcing a "no gun" policy or lease term, a landlord will not have many options, particularly if the tenant does not show off the firearm, or discharge the firearm on the property. A landlord does not have the right to search a property for firearms, and cannot make you open a safe. A landlord can inspect their property for maintenance, and other business related reasons, but those inspections do not allow landlords to search a tenant's personal belongings.

If it's private property, a landlord can put pretty much anything in a lease but enforcing it is something else. There are probably millions of contracts with clauses that are everything from unenforceable to unconstitutional. Gun owners aren't a protected class. I don't think it's enforceable in any case.

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I am pretty sure the housing is subsidized and would fall under the rulings of that case. However I don't recall the details of the case. This is a perfect example of a case ANJRPC needs to get involved with like they did with Lacey Schools.


Sent from my iPad using Tapatalk

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12 hours ago, Bob2222 said:

AFAIK, if the building is privately owned, yes, they can do this.

The difficulty is  -- I'm not sure that they can enforce it -- at least without making an apartment-to-apartment search (4th Amendment) unless the tenants has signed a lease allowing landlord inspections of all their property (if your lease says you have to allow inspections of the inside of your safe...)

Richardson Lofts, 50 Columbia St, Newark, NJ 07102

http://www.richardsonlofts.com/index.aspx

Looks like it's privately owned.

It doesn't look like they tell you up font what the rents are, so I'll take a guess that the rent you pay depends on the tenant class that that you belong to. If that means lots of Section 8 neighbors, no matter what the landlord says, tenants will have guns (and drugs). Basically, the landlord is disarming the full-fare tenants.

Probably some SJW tenant gave the owner an earful.

Incidentally, they may be able to ban pets. But they can NOT ban service dogs. (And, I'd guess, service cats and service gerbils.)

https://www.servicedogcertifications.org/landlords-service-dog/

 

 

 

This is downtown Newark within walking distance of the Penn station and the prudential center. There's no section 8 there.

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This is downtown Newark within walking distance of the Penn station and the prudential center. There's no section 8 there.

All but one unit is affordable housing. Started at 33 affordable ($800-$1,100 a month) and 34 market rate ($1,800-$2,500 a month). They did receive federal funding through Low Income Housing Tax Credits.

 

Sent from my XT1585 using Tapatalk

 

 

 

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14 hours ago, revenger said:

I thought this tactic of the left was tried already and they lost,  something with HUD housing a few years back.

It was a case involving the Wilmington (DE) Housing Authority and a resident who wanted to purchase a gun for her own protection. The resident won the case over the Housing Authority.

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