On October 16, 2014, the Appellate Division issued a case for publication concerning a tenant’s right to transfer a non-payment eviction matter to the law division. The Appellate Division in Bejoray, Inc. v. Academy House Child Development Center, A-5161-12T3 held that a tenant’s request to transfer an eviction matter, when it asserted claims for negligent misrepresentation and breach of contract for damages and rescission of the lease, should have been granted. This case is very important for commercial landlords in New Jersey as it raises a number of issues that should be addressed prior to proceeding with an eviction action.
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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.
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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.
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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.
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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.
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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.
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