The Barisonek Decision

Judge Walter R. Barisonek precided over the landlord's appeal of the Fair Rental Housing Board's decision of February 21, 2007.

Gary D. Gordon Esq represented the landlord (Legow),
James Tarella Esq represented the tenants of the Chilton Towers,
Rocco DiPaolo Esq represented the Fair Rental Housing Board of the City of Elizabeth.

Here is the final ruling, docket UNN-L-001180-07 filed Nov 26, 2007

Here are the April 16, 2008 minutes of the Fair Rental Housing Board

The appeal

overturned the board's ruling, allowing the elevator replacement as a capital improvement
denied the roof repair as a capital replacement
denied the 5% interest surcharge

This sets an important precedence for all future applications to the rent control board,
particularly the denial of charging interest when there is no loan.