FANNIE MAE AND FREDDIE MAC NEW LENDER REQUIREMENTS FOR CONDOMINIUM AND COOPERATIVE PROJECTS
On June 24, 2021, tragically the Champlain Towers South condominium in Surfside, FL, collapsed. Investigation revealed that construction defects, long-term water infiltration, and years of deferred maintenance may have all led to the collapse and the death of 98 people.
NEW JERSEY LEGISLATURE ALLOWS COMMUNITY ASSOCIATIONS REMOTE MEETINGS TO CONTINUE
On December 20, 2021, New Jersey’s Legislature passed S. 4112/A. 5549 (2021); and, on January 10, 2022, Governor Murphy signed the bill into law. The law, while short, is immensely helpful to Community Associations throughout the state, many of which have adapted to the new remote meeting procedures previously permitted during the COVID-19 State of Emergency.
NEW JERSEY LEGISLATURE PASSES LAW PROHIBITING DISCRIMINATORY DEED LANGUAGE, AND REQUIRING THE REVIEW OF COMMUNITY ASSOCIATION GOVERNING DOCUMENTS
On June 30, 2021, New Jersey’s Legislature passed S. 2861/A. 5390 (2021), which was signed into law by Governor Murphy on November 8, 2021. It has since been approved as P.L.2021, c.274, and will be codified as N.J.S.A. § 46:15-15 to 18. which requires that any deed filed after January 1, 2022, must not contain any language that violates Sections 4 or 11 of New Jersey’s Law Against Discrimination (“LAD”). Community Associations will have to review their current Governing Documents to ensure compliance and will have to amend them if necessary.
NEW JERSEY STATUTE REQUIRES EMERGENCY CONTACT AND TENANT ASSISTANCE INFORMATION IN LEASES, IN COMMON AREAS, AND ONLINE
On November 8, 2021, Governor Murphy signed S. 1148/A. 1211 (2021). The bill is short, but consequential. All New Jersey landlords—both big and small—will be affected by this new statute, which requires the publication of certain information online, in leases, and in common areas of apartment buildings.
NEW REGULATIONS PUBLISHED FOR THE FAIR CHANCE IN HOUSING ACT
As you may recall on June 18, 2021, the New Jersey’s Governor Murphy signed the Fair Chance in Housing Act (the “FCHA”) into law. You can read a summary of the law here. The law, among other things, overhauls the apartment application process and restricts a landlord’s ability to consider certain aspects of an applicant’s criminal history.
NJ DIVISION ON CIVIL RIGHTS RELEASES MODEL NOTICES FOR THE FAIR CHANCE IN HOUSING ACT
As you will recall, earlier this year, the New Jersey Legislature passed the Fair Chance in Housing Act (the “FCHA”), which was signed into law by Governor Murphy on Juneteenth. The law, among other things, overhauled the apartment application process and significantly restricts a landlord’s ability to weigh the criminal history of rental applicants. The passage of the FCHA has required many New Jersey landlords to overhaul their application procedures, and the way in which they run criminal background checks on prospective tenants.
UPDATES TO THE NEW YORK EVICTION MORATORIUM
On Wednesday, September 1, 2021, the New York Legislature passed 2021 N.Y. SB 1, extending its eviction moratorium through January 15, 2022. This extension comes on the heels of the August 12, 2021, decision from the United States Supreme Court which knocked down key portions of the New York eviction moratorium (you can read more about that decision in our blog here).
NEW LANDLORD-TENANT NOTIFICATION REQUIREMENTS IN NEW JERSEY
On August 5, 2021, New Jersey’s Governor signed NJ S.B. 3691/A.B. 5685 (2021), which will officially end New Jersey’s Eviction Moratorium in waves based on income level beginning August 31, 2021.
THE UNITED STATES SUPREME COURT ENDS THE CDC FEDERAL EVICTION MORATORIUM
On August 3, 2021, the CDC issued a new eviction moratorium (you can read our blog about the CDC eviction moratorium here). In that blog, we commented that “questions regarding the constitutionality of the CDC’s new order” remained. It so happens that the United States Supreme Court agreed with our assessment. As of yesterday, August 26, 2021, the United States Supreme Court officially ended the CDC’s eviction moratorium.
NY Eviction Moratorium
Over the last year and a half, since March 2020, there have been major changes in the landlord/tenant procedure in New York State in response to the on-going COVID-19 pandemic. Many of these changes have been through executive orders in addition to adoption of new law that affects landlords’ and tenants’ right throughout the state. Along with the state regulations, there are federal protections in place to assist tenants during these trying times. Navigating the nuances of these regulations is becoming increasingly difficult for landlords, as courts at all levels, including the United States Supreme Court, are ruling to uphold or strike down parts of the laws that have been adopted. Below is an overview of some of the current state and federal regulations and protections in place, specific to New York, and the current status of same. Please note that, like everything else since March 2020, the status of these rules is subject to change at a moment’s notice. We strive to keep our clients up-to-date on the latest information available.