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Executive Order 147 – Further Openings With Restrictions
By May 20, 2020 Posted in Firm News Share
Another day, another Executive Order. These newer Executive Orders being received, however, are a great step toward the re-opening of the State of New Jersey. We look forward now to further openings. Below are those businesses/activities allowed to open under the newest Executive Order, published yesterday on the Governor’s website today:
EXECUTIVE ORDER 142 – GOVERNOR BEGINS TO OPEN NEW JERSEY NON-ESSENTIAL CONSTRUCTION, NON-ESSENTIAL RETAIL STORES AND GATHERINGS BY VEHICLE
By May 18, 2020 Posted in Firm News Share
The Governor for the State of New Jersey has issued another Executive Order. We all are hoping that this pandemic will come to an end soon. This Executive Order is a step toward reopening. Executive Order 142 authorizes the reopening of some non-essential businesses or operations, with the restrictions set forth in the Order.
Urge Governor Murphy to Sign Renter Assistance Bill
By May 15, 2020 Posted in Landlord/Tenant Law Share
The Assembly and the Senate have unanimously passed a bill that creates the “2020 New Jersey Emergency Rental Assistance Program.” The bill is entitled S-2332/A-3956. Our office previously posted a blog about the date that this was passed unanimously in the Assembly and Senate, as it was a large calendar for the Legislature filled with COVID-19 related bills. You can read our prior blog below.
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.
IMPORTANT UPDATE: COMMUNITY ASSOCIATIONS’ ABILITY TO COLLECT IS UNDER THREAT
By May 6, 2020 Posted in Community Association Law Share
On April 12, 2020, and April 14, 2020, our office warned of a new bill working its way through the New Jersey Legislature: S2330 / A3908, entitled “COVID‑19 Financial Security for Consumers Act.” When the bill was last before the Legislature, it was tabled for further consideration and editing.
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.
REMOTE COMMUNICATION FOR BOARD MEETINGS IN NEW JERSEY
By April 15, 2020 Posted in Community Association Law Share
On Monday, April 13, 2020, the New Jersey Legislature voted on a new bill which would allow non-profits to meet remotely during the ongoing COVID‑19 crisis. The bill, S‑2342 / A‑3915, passed unanimously in both the New Jersey Senate and Assembly.
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:
IMPORTANT UPDATE TO - COMMUNITY ASSOCIATION COLLECTION OF DELINQUENT MAINTENANCE FEES THREATENED BY NEW BILL
By April 14, 2020 Posted in Community Association Law Share
Our office previously provided an update with respect to S2330, a new Bill proposed in the Senate and the Assembly as a means of providing a degree of financial security to all residents of New Jersey. As our prior blog discussed, the Bill paints with a broad brush in its application to community associations, and apartment building landlords. The impact on these entities, if the measure passes, could be critical.