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Terminating a Tenancy in New Jersey

December 21, 2016 Posted in Landlord/Tenant Law

In New Jersey, as with most other states, there are various rules and regulations governing a tenant’s early termination of their lease.  Tenants who breach their lease agreement and terminate their lease early may suffer from monetary consequences as tenants are required by law to pay rent for the full term of their lease, or for the period of time until the landlord finds a replacement tenant.  As a landlord, if your tenant has terminated their lease early, you may be able to recover damages for the financial losses suffered as a result.

Landlords Cannot Retaliate Against Tenants

December 7, 2016 Posted in Landlord/Tenant Law

In New Jersey, as with nearly every state, it is illegal for a landlord to retaliate against a tenant in response to that tenant’s exercise of a legal right.

Proposed Legislation in Pennsylvania to Restrict Landlord Inquiries into Criminal Background

November 18, 2016 Posted in Landlord/Tenant Law

It is common practice for some landlords to conduct credit checks and criminal history checks for new applicants.  While credit checks have remained fairly free from criticism, criminal background checks have received scrutiny from some courts, government agencies, and legislators. 

Landlords, Take Note: You Cannot Discriminate Against Housing Applicants

November 10, 2016 Posted in Landlord/Tenant Law

In the state of New York, housing applicants are protected from discrimination under applicable federal, state, and local fair housing laws.  Though a landlord may reject a housing applicant on the basis of certain limited criteria, a landlord may not deny an individual the right to purchase or rent housing on the basis of statutorily-defined discrimination criteria.

HUD's Advisory Opinion on Criminal Background Checks

November 4, 2016 Posted in Landlord/Tenant Law

On April 4, 2016, the U.S. Department of Housing and Urban Development (hereafter “HUD”) released “guidance” on criminal background checks and the Fair Housing Act. This advisory opinion describes that arrest, conviction, and criminal background statistics are all largely disproportionate in terms of race. Therefore, criminal background checks are being reviewed as having a potential “disparate impact” (Fair Housing Act definition meaning “unintentional” impact) on this protected class, regardless of whether a background check policy is non-discriminatory on its face.

Low Income Tenants May Receive Free Legal Advice

October 10, 2016 Posted in Landlord/Tenant Law

As reported in the New York Times on September 23, 2016, the New York City Council is considering legislation (Proposed Int. No. 214-A) that would provide free legal representation to anyone facing eviction or foreclosure who has an income of less than twice the federal poverty line, meaning an individual with an income below $44,000.00 in New York City. According to a report commissioned by the City Bar Association, more than 80% of all housing court cases each year would be affected by this legislation.

NY Lawmakers Consider Tougher Penalties Against Landlords Caught Overcharging Rent-Controlled Tenants

September 29, 2016 Posted in Landlord/Tenant Law

Earlier this year, ProPublica reported that close to 200,000 New York City apartments that should have been registered as rent stabilized, were not registered, noting that state and city officials have neglected to police these landlords who receive over a billion dollars in property tax breaks in return for stabilizing rents.

New Jersey Town Wins Housing Appeal

By Stephanie Wiegand, Esq. September 28, 2016 Posted in Community Association Law

The state of New Jersey, over the course of the last 16 years has been unable to adopt practicable affordable housing requirements. The Supreme Court was so frustrated about the process over these past 16 years that they stripped the power of Council on Affordable Housing. With no central agency leading the cause for affordable housing, it has become difficult to interpret the numerous attempts made to pass affordable housing legislation. In addition, the legislation that was passed, was not enforced by a central agency.  

When Two Worlds Collide: A Look at Condo Rules vs. Owners’ Rights

September 26, 2016 Posted in Community Association Law

Many people find condo living very appealing, primarily because of the amenities that are often included with purchasing a unit. However, as with most things in life, there are pros and cons to living in a condominium.

Insurance Coverage for Co-Ops, Condos: Common Options and Terms

September 23, 2016 Posted in Community Association Law

Reviewing insurance terms and options can often be confusing and, in some cases, overwhelming for co-op shareholders, condo owners and even community board members. Insurers and the industry in general tend to use a great deal of shorthand when discussing insurance coverage. However, it is imperative for everyone from owners to board members to have a good understanding of some of the key terms and concepts involved in quality insurance coverage.


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