The New Jersey Department of Environmental Protection will start enforcing the “Waiver Rule” (N.J.A.C. 7:1B) as of August 1, 2012. The Waiver Rule will give the NJDEP the authority to waive certain standards where those standards produce “unreasonable, unfair, or unintended results” that undermine the intent of the subject legislation. There is no automatic right […]
As of June 28, 2012 both the General Assembly and Senate passed bills (A1338 and S743, respectively) extending the Permit Extension Act through December 31, 2014. The clock will begin to run again on January 1, 2015, and no approvals will extend beyond June 30, 2015 unless the validity of the approval would have extended beyond June […]
Recently, New Jersey became the third state to enact legislation authorizing the creation of “Benefit Corporations.” A Benefit Corporation is “for profit,” but at the same time it promotes performance accountability and transparency, and is designed to achieve a “public benefit.” Vermont and Virginia have also enacted similar legislation, and many other states are considering […]
On April 9th, Spencer Rothwell joined our firm as an Associate. Spencer graduacted from Lehigh University and Rutgers Law School. He will be practicing in our Land Use, Litigation and Real Estate departments. Welcome Spencer!
Due to the decline in property values and the unstable real estate market, a lot of our clients have been renting out apartments, condominiums and houses, rather than selling, in order to cover carrying costs until the market returns. Darrell Felsenstein, Esq., Partner in the firm’s Litigation Department reminds us that all Landlords of any […]
TAX EXEMPTIONS REINSTATED FOR GROUP HOMES FOR THE MENTALLY DISABLED In our winter 2010 Legal Update, we reported on a state tax court decision eliminating real property tax exemptions for certain private, not-for-profit companies. In the case of Advance Housing Inc. versus Township of Teaneck, a New Jersey Appellate Court has […]
Extension of Nonresidential Development Fee Moratorium On August 24, 2011 Acting New Jersey Governor Kim Guadagno signed into law legislation which extends the moratorium on requiring developers to pay a nonresidential development fee to those projects which obtain final approval prior to July 1, 2013 provided a construction permit is issued before January 1, 2015. As […]
On June 27, 2011 both the New Jersey Senate (S2974) and Assembly (A4221) unanimoulsy introduced legislation modifying the “Statewide Non-Residential Fee Act”. The bill seeks to extend a moratorium on the requirement of these fees to any projects which obtained final approval prior to July 1, 2013 provided a construction permit is issued before January […]
AFFORDABLE HOUSING IN NEW JERSEY We are waiting for the New Jersey Assembly to act on the Senate Bill which will abolish the New Jersey Council on Affordable Housing (COAH). Perhaps one of the only silver linings that comes out of this recession and the slow down of residential development, is the fact that hardly […]
As attorneys who represent both individual and corporate clients, we view New Jersey’s Consumer Fraud Act as a double-edged sword. If you are an individual consumer, New Jersey’s Consumer Fraud Act has bestowed upon you an avenue to seek damages (triple damages) if you have been the victim of “any unconscionable commercial practice, deception, […]