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New York Laws on Disclosure Requirements

By Jennifer L. Alexander, Esq. & Robert C. Griffin, Esq. April 9, 2019 Posted in Community Association Law

New York law has been revised to require cooperative and condominium boards to disclose contracts or transactions in which it or its directors have an interest. The New York Legislature enacted these proposed revisions to the New York Business Law and the New York Not-for-Profit Corporation Law.

Do Community Association Pools Need Lifeguards?

By Swarna Ramakrishnan, Esq. April 9, 2019 Posted in Community Association Law

In New Jersey, community associations may not realize that the rules surrounding pool safety implementations are not the same as they used to be.

Overcharging Rent-Controlled Tenants Could Lead to Penalties

By Gabriella Esposito, Esq. April 9, 2019 Posted in Landlord/Tenant Law

Rent control ordinances are handled at the municipal level in New Jersey, and this leads to significant variance from city-to-city.  It’s important to understand, however, that violations of rent control ordinances are handled by state law.

Amendments to Anti-Eviction Act would Provide Landlords with Recourse for Overcrowding

By Jennifer L. Alexander, Esq. & Robert C. Griffin, Esq. April 5, 2019 Posted in Landlord/Tenant Law

A new bill was recently proposed to the New Jersey Senate amending the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). The bill, sponsored by Senator Anthony R. Bucco of District 25 (Morris and Somerset), amends the Anti-Eviction Act (“Act”) to include a method of eviction for overcrowding in residential apartment communities.

New Jersey Law Governing Rent Increases

March 7, 2019 Posted in Landlord/Tenant Law

There are statewide and municipal regulations in New Jersey governing the legality of rent increases. 

Dispute Resolution Between a Condo Association Board and a Unit Owner

March 7, 2019 Posted in Community Association Law

Condo associations often find themselves at odds with unit owners (and others) in a range of disputes, from fee/payment conflicts to repair concerns.

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.

By Gabriella Esposito, Esq. March 5, 2019 Posted in Community Association Law

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

By Glenford Warmington, Esq. March 5, 2019 Posted in Landlord/Tenant Law

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

February 20, 2019 Posted in Landlord/Tenant Law

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

February 20, 2019 Posted in Community Association Law, Landlord/Tenant Law

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.

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