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By Jennifer L. Alexander, Esq. March 19, 2020 Posted in Landlord/Tenant Law Share

The Assembly Homeland Security and State Preparedness Committee advanced a number of bills to address the COVID-19 crisis. Senator Joe Cryan proposed a bill to the Assembly, A-3859/S-2276, which introduced a moratorium on evictions of tenants. The Senate held a Judiciary Committee Meeting and a Senate Voting Session today to vote on these proposed this bill. The Senate made a unanimous decision to pass the bill into law. The new law, in summary, states the following:

By Jennifer L. Alexander, Esq. March 17, 2020 Posted in Landlord/Tenant Law Share

As a result of COVID-19, a.k.a. the “Coronavirus,” over the past few days and weeks, we have seen states and the Federal government taking more and more action to curb its spread. As infection and death rates increase, governments encourage quarantine measures, businesses increasingly permit employees to work from home, and more-and-more people choose to self-quarantine, community associations must plan for how they are going to combat the virus.

By Stephanie Wiegand, Esq. March 2, 2020 Posted in Landlord/Tenant Law Share

In a recent Superior Court decision, the New Jersey court in Summit Plaza Assocs. v. Kolta explored the parameters of the federal preemption doctrine in the context of a landlord/tenant action. The Court held that the United States Department of Housing and Urban Development (HUD) regulations expressly preempt state law and that preemption is warranted as the regulations served similar federal and state interests in maintaining the availability of low-income housing. HUD’s Section 8 program was designed to enable the government to assist low income families with their rent by paying a subsidy directly to the landlord.

By Jennifer L. Alexander, Esq. January 17, 2020 Posted in Landlord/Tenant Law Share

A new bill titled NJ S3124, was signed into law by Governor Phil Murphy on January 13, 2020. This bill requires landlords to allow tenants to pay rent up to three business days after an eviction order or lockout is executed and requires landlords to accept rent payments by any means.

By Jennifer L. Alexander, Esq. January 15, 2020 Posted in Landlord/Tenant Law Share

The new bill is titled S1493 Sca (1R) and it was signed into law by Gov. Phil Murphy on Monday, January 13, 2020.   Generally, the new legislation aims at landlords who require renters to agree to automatic monthly debit payments as a condition of entering a new lease or renewing a lease.  The new legislation prohibits landlords from requiring residential tenants to pay rent and other related charges through electronic funds transfer and it requires landlords to provide receipts for cash payments. 

By Stephanie Wiegand, Esq. January 13, 2020 Posted in Landlord/Tenant Law Share

New York City has established a city-funded right to counsel for low-income tenants facing eviction proceedings. The right to counsel law, Local Law 136 of 2017, amended the New York City Administrative Code § 26-1301 et seq.  The law now requires New York City to build up the capacity of the City’s nonprofit legal services organizations over five years so that by 2022, the nonprofit organizations will be able to provide attorney representation for every low-income household in New York City that is subject to eviction in Housing Court.

October 7, 2019 Posted in Landlord/Tenant Law Share

Good-Guy Guarantees are a staple of business rental agreements in New York. 

The purpose of a Good-Guy Guarantee is twofold. It allows a tenant to maintain limited rent liability. Simultaneously, it provides tenants with an additional incentive to avoid defaulting on the lease. It is essential that the Good-Guy Guarantee is adapted appropriately.

October 2, 2019 Posted in Landlord/Tenant Law Share

Prior to this recent amendment, Hoboken’s Rent Control Ordinance included a provision that allowed landlords with rental properties subject to rent control to pass on large tax surcharges to tenants based on property tax increases dating back to 1988, regardless of when the landlord acquired the property. 

By Jennifer L. Alexander, Esq. September 5, 2019 Posted in Landlord/Tenant Law Share

A rise in the popularity of Airbnb and other short-term on-line marketing rental sites has allowed homeowners and renters to rent properties on a short-term basis and to reap significant financial rewards.  That financial reward has allowed cities who passed laws to accommodate short-term rentals to realize increased tax revenue.  While for most this has been a win-win situation, there has also been a downside to this growing trend.  The rise in short-term rentals has had both a negative and a positive impact, depending on which side of the issue you favor.  In general, the practice of short-term rental has increased the cost of rent and decreased the availability of residences to rent in urban cities on a long-term basis.  Those engaged in the short-term rental business have realized a revenue source that has proven very lucrative.  Landlords, on the other hand, have had to deal with the consequences of short-term rentals.