Michael Barisone/Lauren Kanarek Civil Suit

[trubandloki]

Does any of that Google Law Degree posting make the private conversations in Michael’s office with his lawyer OK to record or listen to?

[Knights_Mom]

Good reading:
https://www.miamiherald.com/software-business/article263092648.html

[hut-ho78]

@Knights_Mom

@hut-ho78

More on Repair and Deduct
Remedies if the landlord fails to maintain the property in a habitable condition

1. Repair and Deduct
   If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain the property could also lead to what is called a constructive eviction by the tenant (see below for explanation). The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a portion of the rent if the property is not habitable (Marini v. Ireland, 56 N.J. 130 (1970); Dowler v. Boczkowski, 148 N.J. 512 (1997))
   29

Before applying the remedies of repair and deduct, constructive eviction, rent abatement, or withholding the rent or a portion of the rent, the following must apply:

1. The defect must be of a “vital facility.” Vital facilities are those items necessary to make the rental unit habitable. Example of defects of vital facilities include broken toilets, no hot or cold water, lack of heat or electricity, broken windows, or air conditioning.
2. The tenant must not have caused the condition.
3. The tenant must have notified the landlord that the deficient condition existed and allowed
   the landlord adequate time to fix the defect. Notice to the landlord should be given by the tenant in writing and by certified mail, return receipt requested.
   A maintenance problem that does not threaten residents’ safety, or does not affect
   habitability, does not provide a basis for rent withholding or repair and deduct. Rent withholding was authorized when the New Jersey Supreme Court held that the obligation of a tenant to pay rent and the obligation, (whether written or not) on the part of a landlord to maintain the property in a livable condition are mutually dependent (Berzito v. Gambino Rental Abatement, 114 N.J. Super. 124 (1971), 63 N.J. 460 (1973); Housing Authority of City of Newark v. Scott, 137 N.J. Super. 110 (App. Div. 1975)).
   The New Jersey Supreme Court has permitted the self-help remedy of “repair and deduct.” A landlord promises at the beginning of a lease that the vital facilities needed to make the dwelling unit livable are in good condition and the property will be maintained. When there are defects in the vital facilities, a tenant must first notify the landlord of the situation and allow a reasonable amount of time for the landlord to make repairs or replacements. If a landlord fails to take action, a tenant may have the repairs made and deduct the cost from future rent. However, a landlord may still take a tenant to court for nonpayment of rent. As a defense, the tenant would have to prove the presence of defects, the failure of the owner to act despite having received reasonable notice, and the need to make repairs. In the event the matter goes to court, the tenant will very likely be required to deposit the full amount of the rent with the court. If there is a finding in favor of the landlord, in most cases, the unpaid rent must be paid by the end of the court day to avoid eviction.
   If there are defects in the vital facilities and the landlord has not repaired them after receiving proper and timely notice from the tenant, the tenant may either seek a decrease in rent by court action or simply withhold rent. A landlord may bring an eviction action for nonpayment of rent. As a defense, the tenant must prove the necessity to make repairs and the failure of the landlord to act despite having received reasonable notice. To avoid possible eviction in the event the court finds in favor of the landlord, the tenant should save the amount of money withheld so that he will be able to pay it if ordered by the judge. It is advisable to set up a separate bank account for this purpose.
   As to air conditioning, the Superior Court, Appellate Division has held that air conditioning that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure affects the habitability of the premises.
4. Constructive eviction – Constructive eviction occurs when a tenant breaks the lease without penalties because the landlord is guilty of neglect or default, which makes the premises unsafe,
   30

unfit, or unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 444 (1969), established the foundation for constructive eviction. If a tenant invokes the remedy of constructive eviction, and the landlord is found to be negligent in maintaining the rental unit, the tenant is entitled to the return of the security deposit and is not responsible for the rent for the balance of the lease or the cost of re-renting the property.
3. Rent abatement (reduction) – Upon entering into a lease, the tenant’s promise to pay rent and the landlord’s warranty of habitability are interdependent. In Berzito v. Gambino, 63 N.J. 460 (1973), the court held that a tenant claiming that the landlord did not maintain the property in a habitable condition may initiate an action to recover all or part of the deposit paid when the lease was finalized or all of the rent paid. If the court finds that the landlord did not maintain the property in a habitable condition, the tenant will be charged only with the reasonable rental value of the property in its imperfect condition during the tenancy.
4. Withholding the rent or a portion of the rent – If the landlord breaches his obligation of maintaining the property at an adequate standard of habitability, a tenant may withhold the rent or a portion of the rent to be used as a set-off, because of the deficient condition. If the landlord institutes an eviction proceeding for non-payment of rent, the tenant is entitled to use the landlord’s breach of obligation to provide a habitable residence as a defense and justification for the set-off (deduction of rental payment) (Marini v. Ireland, 56 N.J. 130 (1970))
5. Rent Receivership – The law promoting safe and sanitary housing for tenants of substandard dwellings (N.J.S.A. 2A:42-85 et seq.) was enacted after the Berzito decision. The law authorizes tenants in substandard dwelling units to deposit their rents with a court-appointed administrator for use in remedying defective conditions. If there is a difference in the market value of the premises in its defective condition and the amount of rent that the tenant paid to the court administrator, the tenant may be entitled to a rent abatement and may only be charged the reasonable rental value of the property in its imperfect condition. To use this remedy, a tenant or housing inspector may file a complaint in the court of the municipality in which the property is located.
Note: Not every defect or inconvenience is considered a breach of the warranty of habitability. Each case must be judged on its own facts. To avoid eviction, any rent withheld by the tenant should be saved and accessible in case the court requires the tenant to pay the outstanding rent.
In emergency situations created by the landlord or resulting from his negligence, the landlord may be responsible to bear a tenant’s expenses in obtaining alternative housing during the emergency. Expenses may be deducted from the rent. However, the expenses must be reasonable.

https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf

What a tremendous waste of time posting this was.

Only for you. I gave up expecting you to research New Jersey law years ago. Thank you for your public service in that other state.

[trubandloki]

@hut-ho78

Only for you. I gave up expecting you to research New Jersey law years ago. Thank you for your public service in that other state.

The problem is, you fail every time you post a law. You have yet to post something that applies to this actual situation. I am not sure how you manage to do that 100% of the time, but you do.

I will make this correction of your current attempt to show your Google Law Degree is wrong as short as possible.

You are wrong about illegal landlord entry because this is not a case of someone just randomly walking into Lauren Kanarek’s part of the house, RC was with building inspectors, fire Marshall’s, and cops that had deemed the building had to be vacated, and they override your sense of injustice.

Add that there is no evidence that RC actually entered Lauren Kanarek’s private living quarters other than an old LaLaPop post on here.

Hey Hut, why not research what happens to someone who intentionally ruins the power source at a building that they do not own? This is what was mentioned as something Lauren and Robert Guy Goodwin/Jim E Stark/Superman/Michael Goodwin were going to do in those texts that are part of the latest filings.

[Knights_Mom]

@hut-ho78

@Knights_Mom

@hut-ho78

More on Repair and Deduct
Remedies if the landlord fails to maintain the property in a habitable condition

1. Repair and Deduct
   If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain the property could also lead to what is called a constructive eviction by the tenant (see below for explanation). The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a portion of the rent if the property is not habitable (Marini v. Ireland, 56 N.J. 130 (1970); Dowler v. Boczkowski, 148 N.J. 512 (1997))
   29

Before applying the remedies of repair and deduct, constructive eviction, rent abatement, or withholding the rent or a portion of the rent, the following must apply:

1. The defect must be of a “vital facility.” Vital facilities are those items necessary to make the rental unit habitable. Example of defects of vital facilities include broken toilets, no hot or cold water, lack of heat or electricity, broken windows, or air conditioning.
2. The tenant must not have caused the condition.
3. The tenant must have notified the landlord that the deficient condition existed and allowed
   the landlord adequate time to fix the defect. Notice to the landlord should be given by the tenant in writing and by certified mail, return receipt requested.
   A maintenance problem that does not threaten residents’ safety, or does not affect
   habitability, does not provide a basis for rent withholding or repair and deduct. Rent withholding was authorized when the New Jersey Supreme Court held that the obligation of a tenant to pay rent and the obligation, (whether written or not) on the part of a landlord to maintain the property in a livable condition are mutually dependent (Berzito v. Gambino Rental Abatement, 114 N.J. Super. 124 (1971), 63 N.J. 460 (1973); Housing Authority of City of Newark v. Scott, 137 N.J. Super. 110 (App. Div. 1975)).
   The New Jersey Supreme Court has permitted the self-help remedy of “repair and deduct.” A landlord promises at the beginning of a lease that the vital facilities needed to make the dwelling unit livable are in good condition and the property will be maintained. When there are defects in the vital facilities, a tenant must first notify the landlord of the situation and allow a reasonable amount of time for the landlord to make repairs or replacements. If a landlord fails to take action, a tenant may have the repairs made and deduct the cost from future rent. However, a landlord may still take a tenant to court for nonpayment of rent. As a defense, the tenant would have to prove the presence of defects, the failure of the owner to act despite having received reasonable notice, and the need to make repairs. In the event the matter goes to court, the tenant will very likely be required to deposit the full amount of the rent with the court. If there is a finding in favor of the landlord, in most cases, the unpaid rent must be paid by the end of the court day to avoid eviction.
   If there are defects in the vital facilities and the landlord has not repaired them after receiving proper and timely notice from the tenant, the tenant may either seek a decrease in rent by court action or simply withhold rent. A landlord may bring an eviction action for nonpayment of rent. As a defense, the tenant must prove the necessity to make repairs and the failure of the landlord to act despite having received reasonable notice. To avoid possible eviction in the event the court finds in favor of the landlord, the tenant should save the amount of money withheld so that he will be able to pay it if ordered by the judge. It is advisable to set up a separate bank account for this purpose.
   As to air conditioning, the Superior Court, Appellate Division has held that air conditioning that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure affects the habitability of the premises.
4. Constructive eviction – Constructive eviction occurs when a tenant breaks the lease without penalties because the landlord is guilty of neglect or default, which makes the premises unsafe,
   30

unfit, or unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 444 (1969), established the foundation for constructive eviction. If a tenant invokes the remedy of constructive eviction, and the landlord is found to be negligent in maintaining the rental unit, the tenant is entitled to the return of the security deposit and is not responsible for the rent for the balance of the lease or the cost of re-renting the property.
3. Rent abatement (reduction) – Upon entering into a lease, the tenant’s promise to pay rent and the landlord’s warranty of habitability are interdependent. In Berzito v. Gambino, 63 N.J. 460 (1973), the court held that a tenant claiming that the landlord did not maintain the property in a habitable condition may initiate an action to recover all or part of the deposit paid when the lease was finalized or all of the rent paid. If the court finds that the landlord did not maintain the property in a habitable condition, the tenant will be charged only with the reasonable rental value of the property in its imperfect condition during the tenancy.
4. Withholding the rent or a portion of the rent – If the landlord breaches his obligation of maintaining the property at an adequate standard of habitability, a tenant may withhold the rent or a portion of the rent to be used as a set-off, because of the deficient condition. If the landlord institutes an eviction proceeding for non-payment of rent, the tenant is entitled to use the landlord’s breach of obligation to provide a habitable residence as a defense and justification for the set-off (deduction of rental payment) (Marini v. Ireland, 56 N.J. 130 (1970))
5. Rent Receivership – The law promoting safe and sanitary housing for tenants of substandard dwellings (N.J.S.A. 2A:42-85 et seq.) was enacted after the Berzito decision. The law authorizes tenants in substandard dwelling units to deposit their rents with a court-appointed administrator for use in remedying defective conditions. If there is a difference in the market value of the premises in its defective condition and the amount of rent that the tenant paid to the court administrator, the tenant may be entitled to a rent abatement and may only be charged the reasonable rental value of the property in its imperfect condition. To use this remedy, a tenant or housing inspector may file a complaint in the court of the municipality in which the property is located.
Note: Not every defect or inconvenience is considered a breach of the warranty of habitability. Each case must be judged on its own facts. To avoid eviction, any rent withheld by the tenant should be saved and accessible in case the court requires the tenant to pay the outstanding rent.
In emergency situations created by the landlord or resulting from his negligence, the landlord may be responsible to bear a tenant’s expenses in obtaining alternative housing during the emergency. Expenses may be deducted from the rent. However, the expenses must be reasonable.

https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf

What a tremendous waste of time posting this was.

Only for you. I gave up expecting you to research New Jersey law years ago. Thank you for your public service in that other state.

Oh please, I’ve been sharing NJ law ever since I looked up RG being unlicensed, the penalty and treble damage. All this has been gone over, but since your memory is clearly suffering ATM, emergency evictions 3 days with illegal acts and there were illegal acts.

I see I continue to be a thorn in your side. And again, I smile.

[Knights_Mom]

I wonder what receipts LK has for paying rent? The only payment I’m aware of is for horse board. And horses aren’t tenants, they’re chattel.

Although evictions must be done for any occupant on premises over 30 days, I question whether or not any, some, all other provisions of the cited statutes are applicable as LK was more a guest who, in the absence of the drama, would have followed MB to Florida in a few months anyway. There was no lease either.

[trubandloki]

@hut-ho78, we have discussed your insisting on the repair and deduct thing several times before, but you are once again ignoring the previous facts that point out it does not apply here.

Let me try again. I am sure you will continue to ignore the darn facts, but it just feels wrong to leave your incorrect information out there.

The numbers are referenced in the screen shots below.

#1: Did Lauren Kanarek have broken windows, etc, that MB refused to repair in her living area? How did flood damage on the floors she didn’t live in affect her habitability?

#2: Did Lauren Kanarek do this? Did she follow these steps?

#3: Did Lauren Kanarek do this either? Put the rent somewhere accessible?

*Habitability has to do with where you live, not hanging drywall in the basement that is not your living quarters.

**Also: The flood was in January. Lauren Kanarek moved into the top floor in April. Place was as is. She did not move into the damaged living quarters. So how, exactly, was her habitability affected?

But none of this covers all the horrible stuff in those texts. Are you ignoring those texts, Hut?

[SBrentnall]

Why is it so seemingly impossible for certain posters to ignore CH and HH?

[trubandloki]

@SBrentnall

Why is it so seemingly impossible for certain posters to ignore CH and HH?

The same reason it is seemingly impossible for some posters to not insist on telling others how to post.

In this case (and most cases) it seems like it is best to post what the laws really say so people know.

[smoofox]

@smoofox

@hut-ho78

Where were you? Oh right. Doing your thing on other posts. That last one didn’t work out very well for you but it sure turned out to be both educational and interesting for everyone else. Loved that gal and her business model.

Please clarify what you are referring to here… especially the “educational” parts… ??? What business model?

Yep - quoting myself to bump up my request for further info on this ^ - as I find it rather intriguing. @hut-ho78 - I am sure it would take far less time to cut and paste this example or even just link to it than it took to cut and paste those lengthy NJ tenant and landlord directives…

[SBrentnall]

I have no problem with addressing the facts of the case, but we all know CH and HH aren’t interested in that. This constant sniping back and forth adds no value to the thread, and is the reason they keep getting shut down.

[DownYonder]

@trubandloki

@hut-ho78

Only for you. I gave up expecting you to research New Jersey law years ago. Thank you for your public service in that other state.

The problem is, you fail every time you post a law. You have yet to post something that applies to this actual situation. I am not sure how you manage to do that 100% of the time, but you do.

I will make this correction of your current attempt to show your Google Law Degree is wrong as short as possible.

You are wrong about illegal landlord entry because this is not a case of someone just randomly walking into Lauren Kanarek’s part of the house, RC was with building inspectors, fire Marshall’s, and cops that had deemed the building had to be vacated, and they override your sense of injustice.

Add that there is no evidence that RC actually entered Lauren Kanarek’s private living quarters other than an old LaLaPop post on here.

Hey Hut, why not research what happens to someone who intentionally ruins the power source at a building that they do not own? This is what was mentioned as something Lauren and Robert Guy Goodwin/Jim E Stark/Superman/Michael Goodwin were going to do in those texts that are part of the latest filings.

Great post. I’m quoting it in case HH misses it the first time - which he and CH seem to have a penchant for doing (deliberately?).

[downen]

Speaking for myself and possibly other lurkers… I don’t read CH’s or HH’s posts. I’m guessing others don’t either, so I’m thinking that negates the need to constantly correct them. Just sayin’.

[SBrentnall]

I have them on ignore, too, but I still have to scroll through endless posts from other people responding to them. I don’t want to block the other people because outside of this, their posts are interesting and informative.

[MHM]

@SBrentnall

I have them on ignore, too, but I still have to scroll through endless posts from other people responding to them.

To quote a classic line from my father: If that’s the worst thing that happens to me today, that’s not a terrible day.

[SBrentnall]

True. First world problem, I guess

[CanteringCarrot]

@smoofox

@smoofox

@hut-ho78

Where were you? Oh right. Doing your thing on other posts. That last one didn’t work out very well for you but it sure turned out to be both educational and interesting for everyone else. Loved that gal and her business model.

Please clarify what you are referring to here… especially the “educational” parts… ??? What business model?

Yep - quoting myself to bump up my request for further info on this ^ - as I find it rather intriguing. @hut-ho78 - I am sure it would take far less time to cut and paste this example or even just link to it than it took to cut and paste those lengthy NJ tenant and landlord directives…

Good luck, mate. The same poster has said things about me previously with zero back up, proof, or reasoning when asked.

They get a bit nasty all while condemning others for “not being nice”

Just use the ignore feature (when it works) and don’t look back.

I’m a straight up snarkosaurus at times, but I’ll own it.

[CanteringCarrot]

@SBrentnall

I have them on ignore, too, but I still have to scroll through endless posts from other people responding to them. I don’t want to block the other people because outside of this, their posts are interesting and informative.

Even though I have certain users on ignore you can still tell what they’re on about based off of the replies. The same ol’ things, basically. I’m not missing anything seems some have gotten progressively more insulting though, and can no longer sit on that high horse.

[eggbutt]

Wow! I thought there’d been a major development in the filings and see it’s just one of three tangents these two prefer rather than what is actually happening. Desperation.

Has anyone seen or heard anything? Was there an actual hearing today?

[Joanne]

I totally forgot this; someone here is sure to know.

When RC got attacked by Rosie, where were LK and RG?

Edited to add: RC was the first to get bitten at the farm? What are the chances there have been others that we don’t know about?