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NY Executive Order Extending Moratorium
By May 14, 2020 Posted in Landlord/Tenant Law Share
As a result of the ongoing COVID-19 health pandemic, Governor Andrew M. Cuomo issued Executive Order Number 202.28 on May 7, 2020. As per the terms of the Executive Order, the state’s eviction and foreclosure moratorium was extended sixty (60) days beginning on June 20, 2020 and will expire on August 20, 2020. During this time period, no eviction or foreclosure action may be initiated or resumed for nonpayment of rental or mortgage payments, by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to COVID-19. In addition, the moratorium on evictions against those who have financial hardship because of COVID-19 will be delayed through August 20. This leaves the question open as to whether the Courts will process warrants for eviction to execute against tenants against whom a landlord had a judgment prior to the pandemic after the original June 20 moratorium deadline. Furthermore, from March 20, 2020 through August 20, 2020, no landlord can demand or be entitled to a late fee payment for a tenant’s late payment of his/her rent. Despite mounting pressure to do so, Governor Cuomo did not go as far as to cancel rent outright.
NEW JERSEY EXECUTIVE ORDER: LANDLORDS, TENANTS, & SECURITY DEPOSITS
By April 27, 2020 Posted in Landlord/Tenant Law Share
We hope everyone is doing well and staying safe in these troubling and difficult times. On April 24, 2020, Governor Murphy signed a new executive order that will provide much-needed relief to both landlords and tenants. Many landlords have been seeking solutions to assist their tenants with lagging income streams as a result of the COVID‑19 pandemic. Some landlords have further contemplated the legal consequences of utilizing a tenant’s security deposit in lieu of rent. Executive Order No. 128 creates a fix for this ongoing problem.
Landlord/Tenant Disputes and Damages
By April 15, 2020 Posted in Landlord/Tenant Law Share
In a recent unpublished case, Canales v. Yu, N.J. Super. App. Div. (per curiam), a landlord/tenant dispute that started out with the landlord not returning a security deposit ended with the landlord receiving an award covering only a small fraction of the damage incurred, with no costs or expenses. The Plaintiff and Third-Party Defendants (collectively, Tenants) rented the first floor of a residential property owned by the Defendant (Landlord). Issues arose as the landlord alleged the tenants damaged the property and the tenants claimed that the landlord failed to make requested repairs, which resulted in the tenants agreeing to vacate the property. The landlord stated that she was not going to return their security deposit because the property had been damaged.
IMPORTANT UPDATES TO NEW JERSEY COMMUNITY ASSOCIATION AND LANDLORD-TENANT LAW
By April 14, 2020 Posted in Community Association Law, Landlord/Tenant Law Share
Yesterday was a heavy calendar for the Senate and Assembly. A number of impactful bills were up for consideration. Our office is providing you an update on bills relevant to you. Many of these bills were considered in the Assembly and the Senate simultaneously yesterday. They would provide relief for New Jersey residents and businesses due to the COVID‑19 pandemic. Please see the bullet-point summary of the bills that were up for consideration yesterday:
NEW BILL THREATENS TO AFFECT LANDLORDS’ ABILITY TO COLLECT RENTS AND OTHER CHARGES
By April 12, 2020 Posted in Landlord/Tenant Law Share
The New Jersey Legislature is meeting Monday, April 12th to consider more bills to provide relief to those impacted by the COVID-19 pandemic. The current bills being considered are varied, but there is one bill in particular which may substantially impact landlords.
Assistance Animals and Reasonable Accommodations under the Fair Housing Act
By April 7, 2020 Posted in Community Association Law, Landlord/Tenant Law Share
The U.S. Department of Housing and Urban Development (“HUD”) recently issued a Notice as to the legality and enforcement of animal policies in multiple dwellings with respect to Assistance Animals under the Fair Housing Act (“FHA”). This Notice applies to a variety of multiple dwellings, including apartment buildings and community associations. The Notice assists in gaining an understanding of the obligations of housing providers and regulators toward tenants and owners with disabilities with respect to the ability to keep animals in their dwellings. The Notice also replaces several pieces of guidance previously issued by HUD on housing providers’ obligations regarding service and assistance animals.
NEW JERSEY PUTS A TEMPORARY HOLD ON ALL SHORT-TERM RENTALS FOR SITES SUCH AS AIRBNB AND VRBO
By April 6, 2020 Posted in Landlord/Tenant Law Share
On March 21, 2020, Governor Phil Murphy issued Executive Order No. 107, which closed to the public the brick-and-mortar premises of all non-essential retail businesses due to the COVID‑19 pandemic. It also deemed a subset of retail businesses as “essential” and permitted them to remain open during their normal business hours. The Governor also issued Executive Order No. 108 that same day. In a nutshell, Executive Order 108 allows municipalities or counites to impose additional restrictions in response to those established by Executive Order No. 107, under certain conditions.
RENT FREEZING IN NORTH JERSEY AND BEYOND
By April 6, 2020 Posted in Landlord/Tenant Law Share
We hope you are all managing and staying healthy throughout these difficult times. Governments across the country are taking action to help keep tenants in their homes and stop evictions. For example, evictions are not happening right now in New York, New Jersey, and Pennsylvania. However, some individual cities are attempting to take more aggressive action to keep renters in apartments: enacting rent freezes.
LANDLORDS, TENANTS, AND COPING WITH COVID 19
By March 31, 2020 Posted in Landlord/Tenant Law Share
We hope that you, your friends, family, and loved ones are all staying safe and healthy, especially under these difficult circumstances. As a result of the ongoing COVID‑19 pandemic, everything has begun to change. While we all hope that things will return to normal soon, no one can be certain when this crisis will end. To help cope with all this uncertainty, we at Griffin Alexander, P.C., are prepared to help our clients develop plans to work with their tenants while society adapts.
THE CORONAVIRUS PANDEMIC AND ITS IMPENDING EFFECT ON LANDLORDS
By March 24, 2020 Posted in Landlord/Tenant Law Share
By now, most states have instituted mandatory rules requiring non-essential people to work from home. In many cases, some workers have been afforded this convenience, however there are many that have lost employment. In all cases, one major concern has been the ability of many individuals and families to continuing making rent payments to landlords.