The New Jersey Supreme Court, after giving the administration countless opportunities to address the issue by other means (constitutional legislation or regulation), has now scheduled a motion by the Fair Share Housing Center to be heard by the Court on January 6, 2015. The motion seeks to enforce the previous order of the Supreme Court… Continue Reading
Stark & Stark Shareholder Jerry A. Nelson, member of the firm’s Commercial, Retail and Industrial Real Estate Group, will be speaking about Leasing Issues at all three offerings of the National Business Institute’s “Handling Real Estate Transactions with Confidence” CLE seminar. This full day CLE seminar will be offered from Monday, December 8, 2014 to… Continue Reading
The law firm of Stark & Stark and the accounting firm of Hill, Barth & King LLC are co-hosting a free seminar titled “1031 Exchanges: A Legal and Tax Perspective,” which will be held on Tuesday, October 7, 2014 from 8:00 – 9:30 AM at The Nassau Club, 6 Mercer Street, Princeton, New Jersey 08540…. Continue Reading
As Chair of the Land Use Section of the New Jersey State Bar Association, and with the extensive efforts of the Section’s membership, we have advanced a position which opposes the latest round proposed COAH (Council on Affordable Housing) regulations as unconstitutional and in direct contravention of the New Jersey Supreme Court’s directive.
There’s a big demand for multi-family and mixed use properties in New Jersey. Savvy owners have an opportunity to provide valuable housing and make a good profit at the same time. However, New Jersey has very strict residential leasing laws. If you violate these laws when leasing and operating properties, you can lose money and suffer civil, as well as possible criminal penalties. The good news is that adept counsel can help you to comply with these residential laws.
Having the right waiver and release can help you to quickly save money and find peace. If you fail to obtain a required waiver or release, you can suffer from liens, disputes and lawsuits.
Property owners, lenders and others are using estoppels to stop problems. Although estoppels only contain a small number of words, they can have big benefits. If you are missing estoppel rights, you can miss opportunities and suffer from lawsuits and disputes.
To survive and thrive, landlords need to adapt. If you fail to adapt, you can be hurt. You can suffer lost tenants, lost rents, and missed opportunities. Additionally, you can suffer damages, from vacancies to bankruptcies. The good news is that landlords can adapt and benefit in many ways.
On January 17, 2014, Gov. Christie signed into law Assembly Bill 3851, requiring landlords of residential property to include additional language in new residential leases after February 1, 2014. The new law recognizes an implied covenant of collection of attorneys’ fees and costs for a tenant, if the lease allows the same for the landlord.
The case of Advance at Branchburg II, LLC V. Township of Branchburg Board of Adjustment, (N.J. Super. Ct. App. Div. 2013) dealt with the issue of whether a residential development could be treated as an inherently beneficial use when only approximately 20% of the development was utilized for affordable housing. The developer was seeking a d (1) use variance for a multi- family residential development consisting of 292 units, of which 59 would be affordable housing units. The developer argued that the inclusion of the affordable housing component rendered the entire development an inherently beneficial use.