A Subordination Non-Disturbance and Attornment Agreement (an “SNDA”) is a document that is typically required by a lender for a landlord. Sometimes the lender will leave off the non-disturbance portion of the agreement, as the lender is only interested in the subordination and attornment. The subordination is the agreement of the tenant to subordinate its

As you are undoubtedly well aware, the March 10, 2015 ruling from the New Jersey Supreme Court stripping the Council On Affordable Housing (COAH) of their oversight of the constitutional obligation of every municipality in New Jersey to plan for and accommodate affordable housing has effectively changed the rules for all of us.

The Rules

Various sources, including NJBiz, have reported that Mayor Fulop and Jersey City are pushing forward an ordinance largely prohibiting chain businesses, i.e., any business that has 10 or more locations within 300 miles from the City. If challenged, will the ordinance pass legal muster? Arguably not.

Generally land use ordinances must advance the purposes

On March 10, 2015, setting aside the state’s “non-functioning” affordable housing process, the New Jersey Supreme Court issued a ruling removing executive branch jurisdiction over low- and moderate-income housing and sent enforcement and oversight back to the trial courts. The ruling is the most significant action in 40 years, when the court originally established the so-called Mount Laurel doctrine, which held that municipalities must provide their “fair share” of affordable housing.

In many ways, the recent decision turns back the clock to a time when individuals, developers, and advocates had to sue to prevent municipalities from blocking approval of zoning for affordable housing development. Although generally regarded as unlikely, the Council on Affordable Housing (COAH) – the executive branch body tasked with setting fair housing obligations and approving municipal plans for meeting those obligations – still has the opportunity, as spelled out in the court’s decision, to reverse their inaction and set new rules.

Continue Reading Are You Ready? New Jersey Supreme Court Sends Affordable Housing Oversight Back to Trial Courts

Just before the end of 2014, Governor Christie signed legislation that extended the time periods contained in the New Jersey Permit Extension Act. The Permit Extension Act deals with various land use approvals and permits that were either approved and/or set to expire after January 1, 2007.

The purpose of the Permit Extension Act was

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

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.
Continue Reading New Jersey State Bar Association Position on Latest Round of Proposed COAH Regulations

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.
Continue Reading Residential Issues to Avoid for Multi-Family and Mixed-Use Properties: Are You Violating Leasing Laws?