Terminating a Tenancy in New Jersey
December 21, 2016 Posted in Landlord/Tenant Law Share
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 Share
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 Share
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 Share
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 Share
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 Share
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 Share
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.
Legally Speaking: The Top 10 Responsibilities of a New Jersey Landlord (Part II)
September 21, 2016 Posted in Landlord/Tenant Law Share
In our previous blog, we discussed 5 of the top 10 legal responsibilities that New Jersey landlords face. We conclude this series with five additional responsibilities that are just as important. If you are a New Jersey landlord and you have questions about any of these legal responsibilities, contact Griffin Alexander right away and speak with a landlord tenant lawyer in New Jersey about your specific issues.
Legally Speaking: The Top 10 Responsibilities of a New Jersey Landlord (Part 1)
September 19, 2016 Posted in Landlord/Tenant Law Share
When it comes to renting units to tenants in New Jersey, landlords are required to abide by certain state, local and federal rules. New Jersey landlord-tenant law governs a number of things ranging from the types of questions that may be included on a rental application to when you can evict someone.
How Does Rent Stabilization Differ From Rent Control?
September 16, 2016 Posted in Landlord/Tenant Law Share
New York state is well known for having what is probably the largest concentration of rent regulated apartments in the nation, estimated in 2014 to exceed 1,050,000 in 51 different communities throughout the state.