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News & Resources

What Type of Signage Can a Condo Association Restrict?

Posted January 8, 2019 in Community Association Law | Author: Glenford Warmington, Esq.

In the New Jersey private property context, the right to put up signage on one’s own property is directly tied to free speech rights.  Restrictions imposed on signage are -- in essence -- a curtailment of free speech rights, and as such, unit owners in a condominium complex may have a legitimate action against the condominium association, when a restriction goes above-and-beyond the bounds of reason.

Let’s take a peek at how it works.

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New York Law Aims to Care for Pets Left Behind in Evictions

Posted December 24, 2018 in Landlord/Tenant Law | Author: Gabriella Esposito, Esq.

New York Governor Andrew Cuomo has signed the “No Pet Gets Left Behind Law” to protect pets from being abandoned after an eviction occurs. In many instances, people are not home when they are evicted from a premises. 

This situation caused one tenant to be unable to go into the apartment and retrieve his dog following a legal lockout.  The dog was unfortunately left in the apartment for two days before the tenant was allowed in to retrieve his pet. 

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Can you evict a tenant for damages caused by subtenants?

Posted December 24, 2018 in Landlord/Tenant Law | Author: Gabriella Esposito, Esq.

Under the Anti-Eviction Act, one of the ways in which a landlord may regain possession of a leased premises is by proof of willful or grossly negligent conduct that caused or allowed destruction, damage or injury to the premises.  N.J.S.A. 2A:18-61.1(c). Generally, when landlords are seeking to evict a tenant under this section of the statute, the tenant was the individual who caused the damage.

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A LANDLORD’S OBLIGATION TO ACCOMMODATE SERVICE, COMPANION OR EMOTIONAL SUPPORT ANIMALS

Posted December 18, 2018 in Landlord/Tenant Law | Author: Glenford Warmington, Esq.

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, whose discriminatory practices make housing unavailable to persons with disabilities.  Recognizing that individuals with physical disabilities often require the services of an animal to assist them in their daily activities, the FHA has enacted rules to address this issue under Section 504b of the Rehabilitation Act of 1973 (the “Act:).

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Common Areas of a Building Must Be Properly Maintained

Posted November 16, 2018 in Landlord/Tenant Law

New York landlords may be surprised to find that their tenants have a right to sue (and recover damages) due to losses sustained in certain common areas of their buildings.  Landlords must therefore adequately maintain common areas and avoid creating a situation in which a tenant is likely to “blame” them for losses.

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