FAMILY EVICTED TO MAKE WAY FOR NJIT EXPANSION
Shay Shaked, The Vector
Issue date: 12/19/05 Section: News
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Joseph "Joe" Mondalto has lived for the last 25 years with his family in the apartment adjacent to the pizzeria at 174 Warren Street, where he has raised his children.
Rosearia "Rose" Mondlato, the landlord of the building and Joe's cousin, has rented him the apartment. But after agreeing to sell the building to NJIT, she has initiated eviction proceedings.
NJIT has signed an agreement for a closing with Rose and Salvatore Mondalto, Rose's brother, which precedes the final closing contract of the property.
NJIT entered into agreement with Mondalto over the summer to buy her property for $2.3 million.
The purchase of the property is part of NJIT's proposed master plan to build more student residence buildings, parking lots, classrooms and recreational facilities. Officials said there has been no final decision on what the Mondalto property will be used for.
According to state law, Rose Mondalto is required to give her tenants an 18-month eviction notice prior to the final transfer of ownership to the new owner.
However, in order to legally vacate her tenants sooner, Rose has moved in the apartment above Joe's family earlier this year, according to Joe.
The law states that in the case where landlords share a building with their tenants, the landlord can issue an eviction notice of just two months.
The agreement between NJIT and Rose Mondalto specifically dictates that "Seller will vacate the [property] and remove all occupants therefrom at or before the closing," leaving Rose with the sole responsibility of handling the case.
While the closing should take place sometime during December of next year, NJIT could acquire the property earlier if the Mondalto's vacate the building sooner.
Joe Mondalto has three children, tow of them still living with him in the apartment. He is the sole income provider in the family, which includes himself, his wife and three children, two of whom are going to college. Joe's son, 18, plans to apply to NJIT next year.
Joe has been moving not only his family's personal belonging, but also office equipment as well as two boats and two trucks, which were located in a fenced lot behind the building.
"I know I have to do it (move out)," he said. "I have no problem...but I need more time."
According to the eviction note placed on his door at the beginning of the month, Joe had two days to leave before the front door would be locked by the court. A petition to a municipal judge has delayed the eviction for now and as of press time the family was still living at the apartment.
Rose Mondalto declined to comment.
NJIT officials said they do not wish to be involved in the case, which "concerns a relationship between an owner-landlord and a tenant, of which we are neither," said President Robert A. Altenkirch.
Henry Mauermeyer, senior vice president of administration and treasurer, approved giving Rose Mondalto 18 months to vacate the building and he said he hopes that her practices are all legal.
Shay Shaked is editor-in-chief of The Vector, the student newspaper at NJIT. A different version of this article originally appeared in The Vector.
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