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October 16, 2024

Apartment residents protest eviction at Somers Point City Council

SOMERS POINT — Residents of the Highbank Apartments at 90 Broadway gathered Oct. 10 during the City Council meeting to bring awareness to their plight and ask for help.

At issue is an eviction notice they received dated Sept. 6 from property owner John Folz titled “Notice of Tenancy Termination.”

The complex, which fronts Great Egg Harbor Bay just west of John F. Kennedy Memorial Park, is in the process of being sold and Folz is trying to force the tenants out as a condition of the sale.

“As you are aware, the property has been on the market for some time. This being said, the time has come, and the property is being sold. This letter serves as notice that the property is being sold and your tenancy for the premises located 90 Broadway … will terminate December 31, 2024.”

Folz, president of Point Property Holdings LLC, which bought the lot for $1.6 million in 2021, said having the tenants gone is a condition of the sale. The property was listed for $3.2 million in September 2023.

“I bought the property with the intention of developing it,” Folz told the Sentinel, adding all of the tenants had month-to-month leases when he purchased it. “I never told anyone I planned to fix it up and be a landlord forever.”

On Sept. 12, a developer hoping to demolish the four buildings to make way for 24 townhouses presented the plan to City Council, asking for a redevelopment agreement that would provide favorable zoning.

It was that proposed redevelopment agreement that was the topic of several people’s ire. Levi Fox, a resident of 90 Broadway who serves on several volunteer boards for the city and is a former City Council candidate, presented a petition to “Save old Somers Point, save the Highbank Apartments.”

Fox said he grew up in the city during the 1980s and 1990s “in what was a mixed-income community where I rode the same school bus as classmates who lived in the old Atlantis Apartments,” a complex on Shore Road that had seen better times and has since been remodeled and rebranded as Bayview Court through a redevelopment agreement.

“The high quality of our schools at that time enabled students from whatever their economic background to have opportunities to improve their life and the lives of their families,” Fox said..

“As affordable housing options have dwindled over three decades, our schools have faced challenges in part due to declining enrollments — leading to lower state funding and fewer teachers. Meanwhile, the long-time residents and local voters who work as carpenters and bartenders, teachers and health care providers are now being forced out to make way for part-time millionaires.

“I would ask the council president whether she approves of this plan to evict 17 families over the holidays so you can use a shady redevelopment process to give tax breaks to millionaires. Do you work for the citizens of Somers Point, or will you always take the side of real estate developers?”

City Council President Janice Johnston did not respond, as the meeting is held for conducting business and many attorneys recommend against a back and forth with speakers.

“I also question how a fully occupied apartment complex with 17 families in residence could quality for redevelopment, as the homes of my neighbors are far from blighted,” Fox said. “State law and New Jersey’s Supreme Court lay out specific instances that qualify a site for redevelopment, and 90 Broadway does not meet any of them.

“I urge council to exercise a common-sense approach that requires the developers to go through regular zoning and planning processes before being approved to demolish our homes.”

Fox said he is now facing discrimination from Folz, who sent him a letter stating he must be out by Oct. 31.

“I ask council to side with long-time residents and vote against approving any deal that deprives renters of their rights,” he said. “Although they are now threatening to throw me out at the end of this month in retaliation for organizing tenants to exercise our rights, I and many others plan to stay.”

Municipal planner John Helbig, who serves on volunteer boards for the city, said City Council is missing the point of redevelopment agreements.

“I know we’ve designated the entire city in need of redevelopment, but I would like to read from the state statute,” he said, noting the purpose is to promote the overall development of the community and to promote the advance of community interests.

The city is undergoing its 10-year master plan re-examination, and Helbig said he would like the document to provide direction for the redevelopment committee “in terms of what should be where.”

“I don’t think we should be taking direction from developers all of the time. I think we should dictate what goes where and at what density,” he said. “This is an alternate planning and zoning process; it should not be our primary planning and zoning process. I would like to see each of these projects have an advertised public hearing where people can come in and discuss the project in total.”

A flier urging people to attend the meeting noted such issues as stopping illegal evictions and harassment of tenants were specific to the 90 Broadway property but others were more general, such a preventing extreme rent increases.

Allen Horan said apartments have been raising rents, by $300 to $400 and sometimes $500 per month, and families cannot afford it.

“They’re raising the rents and people are moving out,” he said. “Is there any way we could have rent control?”

Councilman Howard Dill said he would be willing to be part of a committee to look into a rent control ordinance.

“I firmly believe in what you are saying and it’s long-overdue,” Dill said.

Councilmen Kirk Gerety and Mike Owen agreed to join Dill on the committee.

“I think it’s definitely something that should be moved on,” Dill said.

– By CRAIG D. SCHENCK/Sentinel staff

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