The U.S. District Court for the District of New Jersey Decides Case That Positively Impacts Amount Of Money A Condominium Association With A Properly Recorded Lien Is Entitled To Receive When a Unit Owner Files a Chapter 13 Bankruptcy Petition.
The U.S. District Court for the District of New Jersey, in a matter captioned In Re Spradley, recently handed down a decision that positively impacts the amount of money a condominium association with a properly recorded lien is entitled to receive when a Unit Owner files a Chapter 13 petition in bankruptcy.
What Every Landlord Should Know When a Tenant Files a Bankruptcy Petition
The filing of a bankruptcy petition by a tenant will alter the landlord tenant relationship. Specifically, the filing of a petition will affect a landlords rights as it relates to evictions, and the collection of rents that are in arrears. A violation of the bankruptcy rules by a landlord carries significant penalties, and therefore, any action by a landlord subsequent to the filing of a petition must be addressed with deliberate care.
New Jersey Appellate Court upholds Lower Court Decision to evict tenant for Assault
In a recent written opinion, the New Jersey Appellate Division upheld a trial court’s ruling permitting the eviction of a tenant who was found to have assaulted another tenant. This case, Tamerlane & Tamerlane III v. Andrea Hollis, (Docket Number: A-3788-16T3, decided December 12, 2018, not for publication without approval of the Appellate Division), is notable in that the tenant was evicted even though she was not criminally prosecuted or found guilty of assault. The decision is also noteworthy for landlords and property owners as it addresses the valid legal steps to evict a resident who is acting in a similar manner.
Implications for Pennsylvania Landlords, Homeowners Associations and their Residents under Pennsylvania's Assistance and Service Animal Integrity Act
On October 24, 2018, the Pennsylvania State Legislature passed Act 118, known as the Assistance and Service Animal Integrity Act (“ASAIA”). This law, which went into effect on December 24, 2018, is aimed at preventing residents living in apartment building communities and homeowners associations from committing fraud in claiming that their pet is a service or assistance animal when in fact the residents do not have a disability, and keeping the animal would otherwise be a violation of their lease or homeowners association rules.
Collecting Unpaid Common Charges
In New York, condominium unit owners must pay certain common charges in accordance with the by-laws and declarations (and house rules, if any) of their community associations. Failure to pay such charges could give the association the right to file a lien against the unit and to take legal action against the unit owner, such as foreclosure of the common charge lien.
Landlords Must Install Window Guards in Certain Units
In New York, residential landlords have a number of obligations that can change depending on the particularities of the tenant’s living situation and the layout of the building itself — among these is the requirement to install windows guards. As a landlord, your failure to do so could expose you to significant civil liability.
Landlords Must Provide Reasonable Accommodations to Disabled Tenants
Landlords in New Jersey have a number of duties and responsibilities that they must adhere to with regard to civil rights, fair housing, and issues relating to discrimination. Landlords must, therefore, understand applicable regulations in order to avoid committing a violation that could result in significant civil liability.
New Jersey Condominium Association Boards May Have Emergency Access to Units
In New Jersey, the Board of a condominium association may, under emergent circumstances, have a limited right of access to units within their Association without advance notice or consent of the unit owner. Condominium association boards should be careful when exercising these rights, however, as it may be difficult to evaluate whether the circumstances justify such access. If the access is unjustified by the circumstances, then the unit owner may have a legitimate dispute against the condominium association board.
Cleanliness of Multiple Dwellings
In New York, as in other states, residential landlords have a variety of duties that they must uphold. This includes a duty to maintain the cleanliness of a “multiple dwelling.” Failure to do so may give one of your tenants a right to terminate the lease early, or even to sue and recover damages. Given the risk of liability, it’s important to understand your responsibilities under the law (and the limits) as a residential landlord.
What Type of Signage Can a Condo Association Restrict?
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.