A Spot Zoning Claim Gets Raised in a Recent NJ Zoning Case
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …
If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
A Holder of a Life Estate Cannot Force a Partition of Real Estate
A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …
Busting Up a Town’s Single Family Zoning District is Tough
The Fair Housing Act does not give a developer the right to build an assisted living residence in a single family zoning district. A …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …
You Can’t Always Claim Hardship Before a Zoning Board to Install an Ugly Sign
Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
Better Be Able to Prove Your Right to a Variance to Build on Vacant Land to Get the Highest Price from the Government in a Condemnation Case
In condemnation cases, the government must pay the fair market value of your land. If your vacant land needs a variance to build, you …
Some NJ Courts Are Dismissing Evictions Against Tenants Because of Defective Landlord Tenant Registrations
If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other …
Understanding the New Jersey Freeze Act and Your Property Taxes
The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …
What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?
When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection. New Jersey’s zoning law recognizes the …
Understanding the Budgetary Powers of Condominium Associations
Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15. Courts treat condominium associations like they do corporations, holding …
Landlords Beware About Criminal Screening of Prospective Tenants
The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …
Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act
A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …
Finally, It’s a Little Easier to Evict or Foreclose on a Commercial Tenant(s)
Because of Governor Murphy’s executive orders, commercial landlords have been unable to get possession of their properties from non-residential tenants since the onset of …
Your Reason for Signing a Contract Can’t Be Used Against You
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
New Jersey Senior Property Tax Freeze and Ownership of Property
In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …
A Zoning Board Can Deny a Business Owner the Right to Sell its Business
Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …
Getting Use Variance Approval (a “D” Variance) is Tough. This Case Explains Why
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
Just Because You’re a Disabled Veteran, You Don’t Get to Evade Municipal Zoning Laws
A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa. He is a retired police officer and …
Once You Agree to Settle a Lawsuit, New Jersey Law Will Not Let You Back Out of the Settlement
In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …
Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
The Enforcement of Restrictive Covenants in Commercial Leases
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
After You Kick Out Your Tenant, Be Careful Before You Kick Out Their Junk
Recently, a trial judge determined that an evicted tenant was obligated to pay to plaintiff, the landlord, $2,509.79 for the costs incurred to remove …
Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
What’s the Next Step for Landlords and Evictions Restricted by the CARES Act?
You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …
Can a Board of Adjustment Grant a Variance for a Self-Created Violation of a Municipal Zoning Ordinance?
A variance application before a zoning board based on a property owners self-created mistake or hardship requires special proof and evidence. Zoning Boards of …
Objections to a Zoning Board Application Are Not Entitled to an Award of Legal Fees and Costs
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …