The tenants of an Art Deco landmark in downtown Newark have been complaining about the building’s management, especially after unaddressed safety issues following a stabbing incident last year in the lobby of their building at 1180 Raymond Boulevard. Making matters worse, the leader of their tenant union is now facing eviction only 11 days after threatening legal action.
“They hired a lawyer and sent an eviction notice literally within days of me sending the litigation hold letter saying that my lease terminates today and that I have to move out of the apartment today,” Andy Dwyer said in a court appearance on March 31. “There’s no reason why I should have to spend the next six weeks worrying about whether I’m going to be put out and be homeless.”
Dwyer, a lawyer representing himself and the tenants in Superior Court, filed a motion last month for a preliminary injunction, which would have stayed the eviction order. But Superior Court Judge Jennifer Critchley denied the motion, stating that building management must file a verified eviction complaint with the court before a motion can be granted.
Dwyer, who has filed an appeal of that decision, claims that the state’s anti-reprisal statutes were created precisely for his circumstance because it could scare other tenants from coming forward.
“If they see that the person who’s an actual lawyer runs the risk of getting an eviction brought against them, none of these other tenants who are not lawyers will ever have the guts to stand up to the management of this building ever, ever again,” Dwyer said.
The reason Cushman & Wakefield gave for the eviction was the conditions of Dwyer’s apartments. Dwyer admits that the apartment needs repairs — he has issues with leaks and also has discolored tap water — but he had been warning the management about the need for repairs for the past five years.
Dwyer believes the eviction is “retaliation” and the management is “now using the damage caused by their own willful neglect as the fabricated excuse for evicting plaintiff,” the legal briefing states.
When the Lefcourt Commerce Building opened in 1930, it was the tallest building in Newark, but only for a year. In 1931, the National Newark Building became the tallest and has remained such. However, in the 2000s, it took on a new superlative, becoming the city’s first office-to-residential conversion. It was advertised as a luxury apartment building, but current tenants have said that it does not live up to that billing.
The first and only court hearing on March 31 was called to discuss the preliminary injunction, but the court proceedings will continue in a case alleging years of Cushman & Wakefield’s mismanagement of the building.
In a Jersey Digs feature earlier this year, readers learned about the safety issues, including front doors that don’t lock properly and faulty security cameras, which are a particular concern after a security guard was stabbed while on duty last year. Strangers, including a homeless man and a woman’s locker room creeper, have snuck into the building. But the lawsuit alleges other problems, including “unconscionable” rent increases that surpass the city’s limit.
The two plaintiffs, both leaders of the building’s tenants union, are Dwyer and Susana Holguin-Veras.
One memorable moment came toward the end of the hearing when Dwyer claimed that the management staff had “chased” a TapInto reporter out of the building.
“It sounds like this case is going to be fun,” the judge said.
“I don’t know that it’s going to be fun,” Dwyer said.
“Interesting,” the judge said, revising her statement.
