Do You Have The Waiver and Release You Need?

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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.

Black’s Law Dictionary states that a waiver or release involves giving up or abandoning of a claim or right.  Often, waivers and releases are included as part of settlement agreements.  Since it is also possible to give up claims and rights by conversations or conduct, it is essential to ensure that you do not unintentionally lose your claims and rights.  Waivers and releases can also be contained in other documents and good leases, construction contracts, and other agreements will include lien and claim waivers and releases.  In addition to obtaining releases, it is important to obtain both lien and claim waivers, since simple lien waivers may not prevent the filing of claims.  

Waivers and Releases Can Cut Costs 

Waivers and releases can help you to quickly prevent liens and claims, and resolve disputes and lawsuits.  They can also save you time and money by deterring defaults with tough language to inspire compliance, such as increasing payments and attorneys’ fees and costs for violations.  Waivers and releases are effective at cutting costs and reducing risks because they are generally enforced when they are voluntarily and properly prepared and exchanged unless there is a defense to the making of the document, or they are prohibited by laws, such as laws relating to residential tenants and consumers.  It is also important that documents be exchanged at the right time.  For example, construction lien and claim waivers may not be enforceable if they are not exchanged when required by law.  Similarly, certain rights and judgments may not be enforceable unless they are obtained to settle a pending claim, such as an eviction action.  In order to fully benefit from these valuable documents, it is essential to consider all possible issues, including all potential parties (such as subsidiaries and affiliates, officers, directors, shareholders, partners, employees, agents, members, managers, successors, assigns, heirs and personal representatives) and all potential issues (including past, present, and future claims, demands, actions, causes of action, suits, debts, sums of money, promises and damages, regardless of whether asserted, unasserted, known or unknown). 

Waivers and Releases Can Create Opportunities  

Well drafted waivers and releases can also grant you additional new rights to help you reach your current and future goals.  For example, they can be used to quickly obtain missing rights, such as rights to develop and improve properties.  They can also be used to creatively and quickly resolve other issues that you may not be willing or able to cost-effectively resolve at a trial, such as other current problems, future potential problems and payments, confidentiality, jurisdiction, venue, and governing law. 

Obtain the Waivers and Releases You Need

It is critical to consult counsel to ensure that you have the waivers and releases you need to succeed.  Many issues must be addressed, including what waivers and releases you need, when you need them, and if and when they are enforceable.

Do You Have The Estoppel Rights You Need?

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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.

An estoppel certificate is a signed statement that is used to prevent you from unfairly denying the truth of facts that have already been settled. Black’s Law Dictionary defines an estoppel certificate as a signed stipulation of previously established facts preventing subsequent contradiction or recant of these facts. Often, they are used by lenders when property is being refinanced to confirm there are no disputes. For example, landlords and lenders can ask tenants to certify facts relating to leases, such as the rent and the expiration date, to preclude claims that the rent or expiration date are different. Estoppel rights can also be contained in other documents and good leases will actually require tenants to sign estoppel certificates upon requests by landlords.

Estoppels Can Stop Suits. Estoppels are valuable because they can help you to cut costs and quickly win lawsuits. Unlike complex big documents, a simple statement can clearly prove that you deserve to win, especially if it contains an admission by your opponent that they are wrong and you are right. For example, estoppels have been used to quickly win lawsuits involving many types of issues, including the amounts due, the validity of documents, the terms of documents, and whether defaults exist or have been cured.

Estoppels are effective at cutting costs and reducing risks because they are generally enforced when properly prepared unless the certifying party can show a defense to the making of the document, such as fraud or duress, or that it was accepted with knowledge of the contrary, and true, state of facts.

Estoppels Can Stop Disputes. Estoppels can also cut costs and add value by preventing disputes from becoming lawsuits. Having excellent estoppels can persuade parties to quickly resolve small problems before they grow into big disputes. Even after disputes exist, estoppels can be exchanged as part of settlements. Exchanging estoppels early and often can also prevent problems by improving communication and building and strengthening relationships.

Estoppels Can Create Opportunities. In addition to minimizing your risks, excellent estoppels can maximize your opportunities. If you are missing excellent estoppels, you can lose valuable rights to buy, sell, assign, sublet, operate, renovate, finance, and refinance. Having the estoppels you need, will help you to quickly close and succeed.

Obtain the Estoppels You Need. It is critical to consult counsel to ensure that you benefit from the estoppels you need. Many issues must be addressed, including what estoppel rights you need, when you need them, and how you will obtain them. Evaluating estoppels and other legal issues requires careful review on an individual basis with experienced counsel. 

What Landlords Need to Succeed

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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.

Landlords Can Maximize Opportunities Now.  Some Landlords Buy, Finance, Improve, and Sell Properties Now and take advantage of historically low interest rates, available financing, and rising property values. Some improve properties to offer exciting experiences and delicious dining to attract and retain tenants and shoppers.  Some discover that As Interest Rates Increase, It’s Time to Consider Refinancing.  Some enjoy that Landlords Profit from Data Centers.  Some find that Property Owners Can Cut Costs and Increase Income Now and benefit from Proactive Profitability.  Others save money by consulting with counsel to Reduce Real Estate Taxes Now before the deadline.

Landlords Can Minimize Risks Now.  Successful landlords also benefit by improving leases and obtaining rights they need to succeed.  Some benefit by obtaining rights needed to improve properties and avoid pitfalls that can kill deals, prevent operation and development, and cause lost rent and damages, such as 5 Lease Landmines To Avoid.  Some benefit by improving construction contracts, and using estoppel certificates and releases to prevent problems, and lien and claim waivers to avoid claims.  Some are Managing Risk and Critical Components of Disaster Planning.  Others get deals done fast while reducing risks, by resolving Issues for Landlords Asking for Guaranties, and Completing Deals and Resolving Disputes Now.

These are just a few examples of how you can succeed with the help of experienced counsel. Evaluating your leases and other legal documents and issues requires careful review on an individual basis with experienced counsel.  The attorneys in Stark & Stark’s Commercial and Industrial Real Estate Group can help you minimize risks, maximize opportunities, and meet your needs.

New Residential Lease Language Required to Collect Attorneys' Fees

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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.

If the landlord's lease provides that the residential landlord collect attorneys’ fees or expenses, then the lease shall also provide that the tenant be awarded attorneys fees and costs, if it successfully defends the action.  Specifically, the new law requires that all new residential leases, as of February 1, 2014 must contain the following capitalized bold typeface and a one point size larger than the rest of the lease (minimum 11 point font).

IF THE TENANT IS SUCCESSFUL IN ANY ACTION OR SUMMARY PROCEEDING ARISING OUT OF THIS LEASE, THE TENANT SHALL RECOVER ATTORNEY’S FEES OR EXPENSES, OR BOTH FROM THE LANDLORD TO THE SAME EXTENT THE LANDLORD IS ENTITLED TO RECOVER ATTORNEY’S FEES OR EXPENSES, OR BOTH AS PROVIDED IN THIS LEASE.

The law specifically prohibits collection of attorneys’ fees from a tenant who pays all rent due and owing prior to entry of final judgment, but that the court finds has presented no meritorious defense to the complaint other than payment. As such, a tenant must successfully defend the action to qualify for award of attorneys’ fees and costs. Additionally, the law provides that if an award is made in favor of the tenant, that award of attorneys’ fees and expenses is limited to actual expenses, such as court costs and expenses for witnesses. Excluded are personal expenses such as travel costs, missed work reimbursement and/or child care expenses.

If you are a residential landlord and have a lease that is coming up for renewal, this may be a good time to have your residential lease reviewed to ensure compliance.  Failure to ensure this provision is added to your lease could endanger your ability to collect your own attorneys’ fees on your next residential eviction action.  For reviewing your residential lease, feel free to contact Stark & Stark's Commercial and Industrial Real Estate Group.  

Does Affordable Housing Transform a Project into an Inherently Beneficial Use?

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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. 

Applicants have an easier standard in use variance cases if the proposed use is deemed inherently beneficial.  A use that is deemed inherently beneficial presumptively satisfies the positive criteria, while no such presumption exists for a use that is not inherently beneficial.

The Court noted that affordable housing is an inherently beneficial use.  However, in this instance, the developer was proposing to include affordable housing units to a development in which approximately 80% of the units are market rate units.  The developer argued that the market rate units are inherently beneficial as they support the affordable housing units.  In other words, the ability to build the affordable housing units is contingent on being able to construct the market rate units.

While the Court acknowledged that market rate units are needed to develop affordable housing, the Court refused to deem the entire project as one involving an inherently beneficial use.  The Court stated that the developer does not have to build a large predominantly market rate development requiring a use variance in order to finance the construction of the 59 affordable housing units.   The Court refused to allow the inclusion of the affordable housing units to transform a predominantly market rate residential project into an inherently beneficial use. 

This case is illustrative in showing how a Court determines the appropriate standard in a use variance case when there is an inherently beneficial component, but the project’s predominant use is not inherently beneficial.  

WEBINAR - Disaster Planning for Commercial and Industrial Properties

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Stark & Stark’s Commercial and Industrial Real Estate Group is proud to present a live webinar discussing what commercial and industrial property owners and managers need when planning for, managing and recovering from a disaster.

Date: November 14, 2013 from 12:00 P.M. (Noon) – 1:00 P.M.

REGISTER HERE

Topics to be discussed include:

  • Precautions necessary to protect business property from damage
  • Post-disaster employee communication plan
  • “Hurricane” and “terrorism” loss endorsements
  • Increasing / decreasing of policy limits
  • Enforcement of indemnification provisions in leases
  • Rebuilding and how pre-existing nonconforming use come into play
  • Importance of variances in disaster aftermath

Moderated by Stark & Stark Shareholder Jerry A. Nelson, who has more than 20 years experience as in-house counsel and General Counsel at Levin Management Corporation.

Panelists include:

  • Lynda BenedettoMall Manager, Quaker Bridge Mall, owned by Simon Property Group, the world’s largest publicly traded retail real estate company, with over 20 years of commercial real estate experience.
  • Alan LambiaseRiver Terminal Development Company, one of the northeast region’s largest “value-added” developers that has developed more than 9,000,000 square feet of industrial, flex and office properties in New Jersey, Pennsylvania and California.
  • Anthony BevilacquaFounder & President, Anthony & Company, Inc., an insurance agency specializing in risk management, insurance and bonding services for the residential and commercial builder, developer, redeveloper and general contractor.
  • Thomas PryorShareholder, Stark & Stark with more than 20 years experience in the insurance field.
  • Gary ForshnerShareholder, Stark & Stark with more than 20 years experience in the land use field.

 

Please click here to register. For questions, please contact TJ Mohin at 609.945.7610. 

Reduce Real Estate Taxes Now

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Would you like to save money?  In March, I wrote about 10 Ways Landlords Can Cut Costs and Increase Income Now.  A great way to cut costs and add value now is by reducing real estate taxes.

Tax Appeals Can Lower Costs and Add Value.  A tax appeal can reduce your property costs and have other benefits.  Lower costs can help you and your tenants save money, survive, and thrive.  Lower costs can also add value to your property by helping you attract and retain the best tenants and giving you a competitive advantage over others paying higher taxes.  Furthermore, having this competitive advantage can help you close deals fast and lease current and future vacancies. 

Improved Leases Can Lower Costs and Add Value.  Landlords can also reduce taxes by structuring deals and improving language to maximize recovery of taxes from tenants as additional rent.  For example, you can include adequate language to ensure that tenants are responsible for all obligations, including, without limitation, all taxes, assessments, charges, substitute taxes, and the fees and costs relating to tax appeals.  You can also include language to ensure that you have the right to file and control tax appeals.  Additionally, you can cut costs and add value by reducing risks that may be hidden in your leases like landmines, such as risks that tenants may force you to pay for some unexpected tax bills, or terminate and leave you with the entire tax burden. 

Outside Counsel Can Help.  An experienced tax appeal lawyer can help you lower costs and add value by properly evaluating and handling your case and working closely with experienced real estate appraisers, municipal tax assessors and others.  An experienced real estate attorney can also help reduce costs and add value by improving your leases and related documents. Moreover, it is critical that you timely call counsel since failure to timely file a tax appeal or related documents can result in dismissal and failure to properly prepare lease documents can result in lost rent and other damages.  

These are just a few examples of how you can, with the help of experienced counsel, improve the bottom line now.  Evaluating your tax appeal, leases and other legal issues requires careful review on an individual basis with experienced counsel.  The attorneys in Stark & Stark’s Commercial and Industrial Real Estate Group can help you minimize costs, maximize opportunities, and meet your needs.  

Completing Deals and Resolving Disputes Now

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In business, there is a need for speed, and justice delayed can be justice denied.  If you fail to act quickly, you can lose opportunities, such as historically low interest rates, available financing, and rising property values.  Delays can also cost you money and damages, from delayed delivery dates to delayed opening dates.  As time passes, other bad things can happen, from bankruptcies to vacancies.

Fortunately, there are steps that you can take now to quickly complete your deals and resolve your disputes with the help of experienced counsel.  Let Stark & Stark assist by helping you get your deals DONE (Deadlines, Organizing, Not giving up, and Expediting) now.    

Deadlines help to get deals done and resolve disputes faster.  Having a common goal to shoot for makes it easier to reach that goal more quickly.  For example, you can seek to condition your deals on completion by your requested deadline.  Your deadline can then help to expedite the negotiation and drafting of letters of intent, leases, amendments, contracts, and other documents.  Your deadline can also help to expedite the resolution of disputes, especially if you consider all available dispute resolution options, such as the new, faster, Commercial Arbitration Rules that apply to cases filed as of October 1, 2013.  It is essential to consult counsel to ensure that you do not lose any rights by missing deadlines, such as deadlines to file claims that may be hidden in your documents like buried landmines, and statutory deadlines, such as deadlines to file tax appeals and other claims.   

Organizing your team and resources is important to meet or beat your deadline.  It is easier to overcome challenges and finish fast if everyone is working together toward your deadline with a coordinated strategy.  For example, you can expedite matters in advance and prevent problems by improving your procedures and documents, such as including language needed to expedite collection in your jurisdiction.  The recent win of the America’s Cup by Oracle Team USA reminds us that preparation and teamwork can lead to victory.

Not Giving Up is also important for rapid results.  Like other great teams, Oracle Team USA did not give up when they were behind and came back to win.  If at first you don’t succeed in meeting your deadline, you can try again to meet another deadline as soon as possible.  Viewing every step as an opportunity to complete and improve your transaction or resolve your dispute, makes it more likely to quickly minimize risks and maximize opportunities.  

Expediting deals and resolving disputes depends on relationships. It is essential to be aware of every opportunity to build and strengthen relationships.  For example, quickly resolving easier issues first can help build relationships that make it possible to quickly resolve more difficult issues.  Strong relationships have many other benefits.  

Evaluating legal issues with your transaction or dispute requires careful review on an individual basis with experienced counsel.  The attorneys in Stark & Stark’s Commercial and Industrial Real Estate Group understand the immediacy of “now” and what getting things DONE can mean to help you minimize risks, maximize opportunities, and meet your needs.

Protecting Landlord's Rights - Tenant's Exercise of Lease Options

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The economy is gaining ground, consumer confidence is up and market rents are increasing.  Now is an opportunity for landlords to market and obtain new tenants at higher rents for more profitable centers.  Some landlords may be hindered by tenant lease options, which may contain much lower market rents, lucrative expansion space, purchase rights and other goodies from negotiations at the inception of the lease that occurred during the Great Recession.

Common Questions:

  • What exactly are a landlord’s rights with a tenant’s option?
  • Is there any way to remove a tenant who may be paying a very low market rent, other than buying them out? 
  • If the option period is approaching, does the landlord have any obligation to alert the tenant? 
  • If the tenant hasn’t exercised their option on-time, what are the ramifications (i.e. will the Court let them exercise a late option)? 

The power of an option lies with the holder, meaning the tenant has the power to either exercise the option or not. However savvy landlord counsel, will review the lease to determine if adequate provisions limiting tenant option rights exist which will permit the landlord to void the option prior to its exercise. 

  • Can landlords void the option for a tenant’s failure to pay all rent when due or breach of a non-payment default? 
  • What if the default was cured?
  • In addition can landlords void the option based upon a change in the original deal, such as an assignment of the lease or reduction in net worth?   

If no adequate provisions to void the option are available, then the landlord and counsel should work to improve the language in any possible lease amendment, assignment and/or your future leases.

Generally courts in New Jersey, Pennsylvania and New York will not rewrite contracts to make better deals for parties, unless there is a showing of fraud or other equitable reasoning. However courts in those jurisdictions have permitted tenants to exercise options when the notice to the landlord was either: (1) early; or (2) slightly late and the failure to extend would bankrupt a small “mom and pop” tenant’s business. 

What Happens If The Option Is Exercised Late?

Often tenants that fail to exercise their option on-time will try and “muddy the water” by arguing that there would be no damage to the landlord in allowing a late option’s exercise.  For instance, a tenant grasping for straws may assert that landlord is already receiving market rent, contending that there are no damages. Or a tenant may assert that there was a calendaring mistake on their part.  These types of arguments can be countered by deft counsel that understands not only the case law in your particular jurisdiction, but also the commercial real estate industry and the value of your lease.

The legal maxim has long been recognized that equity aids the vigilant, not those who sleep on their rights. Strategizing with knowledgeable legal counsel on how to limit tenant’s option rights and enforce your rights as a commercial landlord when a tenant fails to exercise their option is vital to ensuring the best market rates and most profit for your real estate.  

Property Owners Can Cut Costs and Increase Income Now

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In March, I wrote about 10 Ways Landlords Can Cut Costs and Increase Income Now.  Two recent articles in The New York Times also discuss how owners can cut costs and increase income - whether you’re a commercial, industrial, multi-family, or mixed-use owner, and/or a condominium or cooperative board.    

The August 30, 2013 article entitled “The Gold Mine in the Hall”, reveals that some property owners are cutting costs by improving energy efficiency. Installation of LED lighting and energy efficient equipment such as co-generation units and the conversion of  manually operated elevators to automatic ones are helping owners realize tangible savings.  Owners also are cutting costs by comparison-shopping, negotiating costs, competitive bidding, and switching suppliers. 

Property owners are also increasing income by charging for un-utilized or underutilized spaces including basements rooftops, hallways, stairways, landings, break rooms, storage spaces, and equipment rooms.  And others are charging transfer and moving fees.

According to the August 29, 2013 article entitled “The Top Floor? You’re All Invited”.  Owners are adding value by offering common area amenities to tenants.  Amenities include adding retail, parking, and storage, while other owners offer observatories, terraces, lounges, fitness centers, racquetball courts, health clubs, swimming pools, children’s playrooms, private clubs, dining areas and catering rooms.         

Before you improve your commercial, industrial, multi-family, mixed-use, condominium, or cooperative properties, careful planning is necessary.  For example, governmental, construction, operation, tax, and other requirements and restrictions need to be evaluated and addressed.

Evaluating legal issues with your properties requires careful review on an individual basis with experienced counsel.  The attorneys in Stark & Stark’s Commercial and Industrial Real Estate Group can help you minimize risks, maximize opportunities, and meet your real estate needs.   

Older Entries

August 14, 2013 — Redeveloping Suburban Malls

July 11, 2013 — Did Hurricane Sandy Influence the New Jersey Supreme Court's Decision on the Harvey Cedars Dune Case?

July 2, 2013 — Understanding New Jersey Tax Sale Foreclosures

June 14, 2013 — Landlords and Storm Damage Insurance Claims

June 5, 2013 — Building Owner Not Liable for Worker's Death from Water Contamination

May 29, 2013 — Landlords Buy, Finance, Improve, and Sell Properties Now

May 16, 2013 — Landlords Profit from Data Centers

May 10, 2013 — 5 Lease Landmines To Avoid

May 9, 2013 — Appellate Division Upholds Landlord's Piercing Tenant's Corporate Veil

April 23, 2013 — Shareholder Gary S. Forshner to Present at MIDJersey Chamber of Commerce Event

April 22, 2013 — Landlord Wins Rent During Superstorm Sandy

April 15, 2013 — New Jersey Realty Transfer Fee and Mansion Tax on Deeds in Lieu

April 12, 2013 — Selling? It Helps to be Prepared.

April 9, 2013 — Can a Developer's Agreement Obligate a Developer to Pay for Off-Site Improvements Prior to the Commencement of the Development?

April 1, 2013 — New Jersey Governor Tells Beachfront Owners to Sign Easement for Dunes

March 28, 2013 — Rebuilding in the Aftermath of Superstorm Sandy

March 27, 2013 — 10 Ways Landlords Can Cut Costs and Increase Income Now

March 22, 2013 — Issues for Commercial Landlords Asking for Guarantees

March 13, 2013 — The Community Development Block Grant Disaster Recovery Action Plan

February 6, 2013 — Sandy Repairs: New Jersey Home Improvement Contracts

January 31, 2013 — Homeowners and Gas Pipeline-Adversaries Once Again

January 25, 2013 — New Jersey Adopts Emergency Rebuilding Guidelines Based on FEMA's Updated Advisory Base Flood Elevation Maps

November 16, 2012 — Mold Risks in Sandy's Aftermath

November 9, 2012 — Hurricane Sandy: Real Estate Contracts and Transactions- What to Look for

November 9, 2012 — Hurricane Sandy and the Tax Assessor

November 9, 2012 — Hurricane Sandy: Repair and Reconstruction- Permits and Approvals

November 9, 2012 — Contractors and Construction Contracts in the Aftermath of Hurricane Sandy

November 9, 2012 — Hurricane Sandy: Storm Damage Guidance and Assistance

November 9, 2012 — Landlord's Eviction Complaint Dismissed Due to "Potentially Misleading" Letter

October 1, 2012 — Governor Christie Extends Permit Extension Act

August 2, 2012 — Stark & Stark Shareholder Reaches a Compromise in Revised Development Site Plans

March 7, 2012 — Commercial Landlords and Frivolous Lawsuits: Not every suit is a "Federal Case"

March 3, 2012 — Natural Gas: The Industry that Could Save America?

February 29, 2012 — Stark & Stark Shareholder To Present Seminars at 64th Annual Atlantic Builders Convention

February 17, 2012 — Stark & Stark Shareholder Receives New Jersey Builders Association's Chairman's Awards

December 22, 2011 — Opportunities and Profitability of Solar Energy Continues to Increase

December 5, 2011 — Chapter 91 Update: "The check is in the mail"

November 28, 2011 — Failure to Pay Taxes Can Lead to the Dismissal of Your Property Tax Appeal

October 27, 2011 — Builders and Contractors Take Note: The Move to Make Buildings Healthier is Upon Us

October 5, 2011 — The Installation of a Solar Energy Facility Presents a Myriad of Legal Issues

September 28, 2011 — Handling Protesters/Solicitors at N.J. Shopping Malls

September 22, 2011 — New Jersey Prosecutor Determines that Deliberations via E-mail by Municipal Officials Violates the New Jersey Open Public Meetings Act

September 19, 2011 — Certain Residential Dwellings and Seasonal Rentals Now Exempt from Bulk Sales Notification Requirements

September 7, 2011 — Landlord and Tenant Insurance Coverage After Hurricane Irene

August 29, 2011 — What is NJR Clean Energy Ventures?

August 25, 2011 — New Jersey League of Municipalities Subject to Public Records Request

August 23, 2011 — Earthquake in New Jersey? Why Building Codes are Important Even on the East Coast

August 22, 2011 — Recent Trends in the Solar Industry

August 16, 2011 — Governor Christie Conditionally Vetoes Solar Ordinance Preemption Bill

August 15, 2011 — What is Needed in Order to Make a Solar Project Work?

August 11, 2011 — What Are The Property Owner's Rights When Multiple Approvals Exist?

August 8, 2011 — Different Types of Solar Energy Projects

August 8, 2011 — The 2011 Draft Energy Master Plan

August 5, 2011 — Tax Incentives for Renewable Energy Projects

August 1, 2011 — How Does Solar Energy Production Work?

July 19, 2011 — Policing 'Green' Marketing Claims: The FTC takes the next step in revising its outdated guides

July 11, 2011 — Tenants Can Utilize a Renewal Option as an Alternative to a Lengthier Commercial Lease Term

July 5, 2011 — Stark & Stark Wins Case For Property Owner Against Rowan University

June 16, 2011 — Addressing A Neighborhood Eyesore

June 15, 2011 — East Windsor Will Serve As Largest Private Solar Power Plant in Western Hemisphere

June 9, 2011 — Blue Roofs and Green Roofs - Regulations and Financing

June 7, 2011 — A Note to New Jersey Shopping Mall Owners and Managers about Protesters and Solicitors

May 31, 2011 — Solar Ordinance Preemption Bill Comes Closer to Passage

May 24, 2011 — Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 Provides for Changes to Internal Revenue Code

May 20, 2011 — Commercial Landowners Impetus to "Go Green"

May 9, 2011 — Time of Application Rule

April 26, 2011 — Grants in Lieu of Tax Credits

April 25, 2011 — Stark & Stark Shareholder Comments on Importance of Timing in Real Estate Revaluations

April 13, 2011 — Credit Against Societal Benefits Charge (A2528)

March 24, 2011 — Stark & Stark Shareholder Featured in NJ Biz Tax Appeals Article

March 23, 2011 — NJ Superior Court, Appellate Division, Upholds Action by Legislature to Transfer Monies Deposited into Clean Energy Fund to General Fund

March 21, 2011 — Stark & Stark Shareholder Comments on New Jersey Supreme Court Decision in Eminent Domain Case

March 13, 2011 — Stark & Stark Shareholders to Present Seminars at the 2011 Atlantic Builders Convention

March 11, 2011 — Governor Conditionally Vetoes Solar Landfill Bill

March 8, 2011 — The Seller's Disclosure Statement

February 22, 2011 — Governor Vetoes Bill Affording Low-interest Loans for High Performance Green Buildings

February 15, 2011 — Solar Ordinance Preemption Bill Takes Major Step Forward in New Jersey State Assembly

February 14, 2011 — The Downturn in the Construction Industry Impacts Everyone

February 9, 2011 — A Construction Lien Law Primer

February 7, 2011 — After Being Overwhelmingly Passed by the Legislature, the Solar Landfill Bill Awaits Action by the Governor

February 2, 2011 — Stark & Stark Shareholder to Present NJICLE's 2011 Land Use Basics Seminar

January 26, 2011 — Stark & Stark Shareholder to present NJICLE's 2011 Land Use Update Seminar

January 14, 2011 — Congress Extends New Energy Efficient Home Credit through December 31, 2011

January 12, 2011 — New Jersey Senate and Assembly approved Senate Bill No. 1, Eliminates Council on Affordable Housing

January 10, 2011 — Governor Signs Construction Lien Law Amendments

January 3, 2011 — Still Plenty of Time to Take Advantage of the Residential Energy Efficient Property Tax Credit

December 21, 2010 — NJ Housing & Mortgage Finance Agency Offers Loan Monies for Energy Efficient Upgrades

December 10, 2010 — New Jersey Legislature Adopts Law Requiring State Entities to Replace Fossil Fuels with Biofuels

December 8, 2010 — Residential Evictions - More Hurdles For Landlords To Overcome to Evict The Non and Late Paying Tenant

December 1, 2010 — Billboards: Real or Personal Property When Taken by The Government

November 23, 2010 — Update:Valuation of environmentally contaminated property in a tax appeal case

November 22, 2010 — HUD Releases Details on Proposed PowerSaver Pilot Program

November 19, 2010 — New York Resident and Corporation Sue U.S. Green Building Council over Allegations of Unfair Business Practices and Deceptive Marketing

November 16, 2010 — Importance of Getting the Name Right In New Jersey Tax Appeals

November 11, 2010 — Federal Trade Commission Approves New Regulations for Labels on Light Bulb Packaging

November 5, 2010 — Stark & Stark Shareholder to Present COAH Update in Conjunction with New Jersey Institute for Continuing Legal Education

November 1, 2010 — Green Marketing Claims Require Thorough Product Knowledge, Holistic Evaluation of Life Cycle Impacts and Careful Planning

October 22, 2010 — DEP Amends and Supplements Regulations To Facilitate Development of Wind Turbines and Solar Energy Facilities

October 20, 2010 — Possessory Interests in Real Estate

October 15, 2010 — The ABCs of Commercial Real Estate Transactions and Closings