Blog

Collecting Unpaid Common Charges

February 20, 2019 Posted in Community Association Law

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.

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Landlords Must Install Window Guards in Certain Units

February 15, 2019 Posted in Landlord/Tenant Law

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.

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Landlords Must Provide Reasonable Accommodations to Disabled Tenants

By Jennifer L. Alexander, Esq. February 13, 2019 Posted in Landlord/Tenant Law

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.

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New Jersey Condominium Association Boards May Have Emergency Access to Units

February 13, 2019 Posted in Community Association Law

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.

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Cleanliness of Multiple Dwellings

February 12, 2019 Posted in Landlord/Tenant Law

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.

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What Type of Signage Can a Condo Association Restrict?

January 8, 2019 Posted in Community Association Law

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.

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New York Law Aims to Care for Pets Left Behind in Evictions

December 24, 2018 Posted in Landlord/Tenant Law

New York Governor Andrew Cuomo has signed the “No Pet Gets Left Behind Law” to protect pets from being abandoned after an eviction occurs. In many instances, people are not home when they are evicted from a premises. 

This situation caused one tenant to be unable to go into the apartment and retrieve his dog following a legal lockout.  The dog was unfortunately left in the apartment for two days before the tenant was allowed in to retrieve his pet. 

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Can you evict a tenant for damages caused by subtenants?

December 24, 2018 Posted in Landlord/Tenant Law

Under the Anti-Eviction Act, one of the ways in which a landlord may regain possession of a leased premises is by proof of willful or grossly negligent conduct that caused or allowed destruction, damage or injury to the premises.  N.J.S.A. 2A:18-61.1(c). Generally, when landlords are seeking to evict a tenant under this section of the statute, the tenant was the individual who caused the damage.

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A LANDLORD’S OBLIGATION TO ACCOMMODATE SERVICE, COMPANION OR EMOTIONAL SUPPORT ANIMALS

December 18, 2018 Posted in Landlord/Tenant Law

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, whose discriminatory practices make housing unavailable to persons with disabilities.  Recognizing that individuals with physical disabilities often require the services of an animal to assist them in their daily activities, the FHA has enacted rules to address this issue under Section 504b of the Rehabilitation Act of 1973 (the “Act:).

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Common Areas of a Building Must Be Properly Maintained

November 16, 2018 Posted in Landlord/Tenant Law

New York landlords may be surprised to find that their tenants have a right to sue (and recover damages) due to losses sustained in certain common areas of their buildings.  Landlords must therefore adequately maintain common areas and avoid creating a situation in which a tenant is likely to “blame” them for losses.

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