Leah Rochwarg, LEED AP, Esq.

NYS Housing Deal Package enacts Good Cause Eviction Law and Amends IAI Rent Increases   Good Cause Eviction Law: On April 20, 2024, the Good Cause Eviction (“GCE”) Law was enacted. While much of the new law takes effect immediately, the notice requirements, as well as the changes in rent demands and pleading requirements for summary proceedings, take effect 120-days later, on August 18, 2024.    GCE limits renewal increases to the lower of (i) 5% plus the percentage change in the Consumer Price Index (“CPI”) or (ii) 10%; and limits the grounds pursuant to which an owner may refuse to renew a lease. In the context of a renewal, an increase on a renewal of more than the lesser of 10% or 5% + CPI are presumptively unreasonable, but such presumption is rebuttable. Owners of unregulated apartments must show “good cause” where a lease is not renewed. A waiver by a tenant of any rights under GCE Law is void as contrary to public policy. Individual Apartment Improvement Rent Increases: The Rent Stabilization Law, as previously amended by the HSTPA and Clean Up Bill, has been amended to provide: - A permanent rent increase equal to 1/168th of the new cap of $30k, which equals $178.57 for buildings with 35 units or less; and, 1/180th for buildings with more than 35 units, which equals $166.67. - A permanent rent increase after a 25-year period of continuous occupancy OR if the unit was registered as vacant in 2022, 2023 and 2024 equal to 1/144th of the new cap of $50k, which equals $347.22 for buildings with 35 units or less; and 1/156th for buildings with more than 35 units, which equals $320.51. For more information on the intricacies and nuances of the above, please reach out to our attorneys.

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The New Jersey Department of Environmental Protection has recently proposed a new rule to its site remediation rules that will severely hinder commercial real estate transactions. The proposed rule states “when a person performing remediation as defined at N.J.A.C. 7:26C-1.3, including performing all appropriate inquiry in accordance with N.J.S.A. 58:10-23.11g, and obtains knowledge that a discharge has occurred at any location on a property, that person shall immediately notify the Department.” This new proposed rule would certainly curtail owners of commercial real estate from allowing prospective purchasers in performing “all appropriate inquiries” including soil or groundwater sampling as part of their environmental due diligence when purchasing property. This is a significant change in NJDEP regulations and policy that has been in existence for decades and will have a chilling effect on commercial real estate transactions, if promulgated.  See proposed rule at: bit.ly/4hsjUzQ Jeffrey Cappola, Doug Eilender, Gordon C. Duus #EnvironmentalLaw #RealEstate #NJDEP #NJPropertyLaw #NewJerseyRealEstate

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New Jersey’s Governor Phil Murphy enacted S2760 / A4384 into law, which took effect on January 8, 2024. This legislation introduces significant changes for community associations in New Jersey, focusing on two key areas: building inspections and reserve studies. These components are designed to enhance the management and safety of community associations within the state.   Here’s a Detailed Overview of New Jersey Bill S2760/A4384. Inspection Timelines for New and Existing Buildings: 1. Aged older than 15 years must be inspected on or before January 8, 2026 2. Aged 1 to 15 years must be inspected within one (1) year of the building reaching fifteen (15) years. 3. Any subsequent inspections shall take place within five (5) years of the preceding inspection. 4. Regardless of the above timelines, if there is observable damage to a primary load bearing system noted during an inspection, a re-inspection must occur within sixty (60) days of the preceding inspection. Learn more about New Jersey's S2760 #structuralintegrity bill: https://lnkd.in/enWXZi5R Learn more about our #buildinginspection services: https://lnkd.in/ew7DskBP #NJStructuralInspections #BuildingSafetyNJ #NewJerseyInspections #StructuralIntegrityNJ #NJBuildingCodes #SafeStructuresNJ #NJConstructionInspection #NewJerseyEngineers #PropertyInspectionNJ #NJRealEstateInspections #RerservesStudiesNJ #S2760 #StructuralInspectionBill #WeKnowBuildings

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An earlier Tax Tracker discussed the NYS Court of Appeals decision that revived a lawsuit brought by the Tax Equity Now (TENNY) coalition, which claims that New York City’s property tax system violates the federal Fair Housing Act because it disproportionately burdens low-income communities, among other things. https://lnkd.in/eVc-wYDS Since then, the first legislative attempt at addressing the issues raised by TENNY has been proposed in the New York State Assembly and has been referred to the Assembly’s Real Property Taxation Committee. The proposed Five Borough Fair Property Tax Act (A10600) is purportedly designed to implement comprehensive property tax reforms in New York City, attempting to make the system more equitable and transparent to taxpayers. The Bill is divided into six parts (A through F), each addressing different aspects of property tax reform seeking to eliminate alleged disparities, including the abolition of the class share system, establishment of homestead exemptions, introduction of a circuit breaker tax abatement, and revisions to the assessment of residential properties. Assembly Bill A10600 can be found here:  https://lnkd.in/eMYeZH_2 Key Takeaways from the Bill include: ·      Introduction of a Class One-A for specific residential properties in large cities. ·      New homestead exemptions based on income for primary residences in New York City. ·      A circuit breaker abatement for homeowners with property taxes exceeding 10% of their income. ·      Enhanced reporting and mandatory annual information returns for cooperative housing corporations. ·      New responsibility for determination market values assessed to the Commission of Finance. Much of the Bill’s components are based upon the recommendations contained in the NYC Property Tax Reform Commission’s Report, which was previously the subject of another tax tracker: https://lnkd.in/etwWKnBJ Thank you Michael P. Guerriero for this week's Tax Tracker! #taxtracker #propertytax

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Robinson+Cole’s Construction Law Group chair Martin Onorato and counsel Lisa Andrzejewski will present a workshop entitled “Understanding Your Contract,” hosted by the Connecticut Department of Transportation and the Minority Construction Council this morning. Marty and Lisa will offer insight on how to negotiate a better subcontract that reduces risk and maximizes a contractor’s right to be paid; key contractual pitfalls such as prompt payment, liquidated damages, no damages for delay, and consequential damages clauses; knowing contractor rights in preserving claims; and notice provisions, claims recovery, dispute resolution, payments bonds, and mechanic’s liens. https://lnkd.in/eMqQJZea #constructionlaw #contractlaw #contractors

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Reforms contained in a forthcoming #NJDEP rule proposal will significantly impact land use developments throughout New Jersey. Christina Ku, a Partner in Connell Foley LLP’s Environmental Law Group, explains. https://lnkd.in/eAmfa8je #EnvironmentalLaw #NJEnvironmentalLaw #REALreforms #ClimateChange

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In February 2024, NYSDEC proposed comprehensive revisions to its Part 375 regulations for NYS remedial programs, including the State Superfund, Brownfield Cleanup Program, and Environmental Restoration Program. NYSDEC continues to accept written public comments on these proposed changes until 8:00 p.m. next Tuesday, May 21, 2024. Curious about the potential impact these proposed changes may have on your redevelopment projects? Read Sive, Paget & Riesel and Roux’s latest joint blog post written by Kevin Rogers & Rachel Henke to learn more about five key proposed changes to the Part 375 regulations and the implications they may have on real estate development and financing. #RegulatoryInsights #EnvironmentalRegulations #RealEstateDevelopment #BCP #StateSuperfund #NYSDEC #EnvironmentalLaw #SixtyYearsOfEnvironmentalLaw

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NYSBA BUSINESS LAW SECTION PROGRAM ON ECONOMIC BENEFITS OF THE NYS COMMERCIAL DIVISION The New York State Bar Association Business Law Section presented a program entitled “The Economic Benefits of the Commercial Division to the State of New York and to the Success of Your Law Practice” on March 28, 2024. This program discusses the reasons the Commercial Division is renowned as one of the world’s most attractive and efficient venues for the resolution of commercial disputes. The program also demonstrates how the Commercial Division helps New York State to attract and retain businesses and therefore to generate tax revenues and provide jobs. https://lnkd.in/e8pBAhMe

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Bernkopf's Robert Stetson brings a unique insider's view to every episode of the Legal Judg(e)ments podcast. A recent episode, "The Golden Rule," provided insight into the headline-making Massachusetts Prompt Payment Act and its implications for the construction industry. Download and listen now to better understand the recent headline-making Massachusetts Appeals Court decision. #PromptPay #ConstructionLaw #LegalPodcast

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📢 Proposed Site Remediation Rule Changes in New Jersey! 📢   On October 21, 2024, revisions to New Jersey remediation regulations were published in the New Jersey Register. Some changes clarify existing practices, while others bring significant shifts for practitioners and parties performing remediation. Key updates affect all appropriate inquiry and remedial action permitting. 🌱   Curious how these potentially significant proposed changes may affect you? Click below to download the summary document. To learn how Verdantas can help you navigate these changes, contact remediation expert Michelle Bouwman, LSRP.   #EnvironmentalRegulations #NewJersey #Remediation #LSRP

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LAST CALL to register for #NAIOPNJ’s Regulatory, Legislative, and Legal Update on July 11! Richard Henning, president and CEO of the NJUA - New Jersey Utilities Association, is among the expert #panelists who will offer insight into #EnergyPolicy priorities for the #CRE sector: “The CRE sector collaborating with #NewJersey #utilities is viewed as the most powerful policy to date to encourage #EnergyEfficiency and #RenewableEnergy #CapitalInvestment in the built #environment. Developing best practices for energy efficiency are highly sought after by many #tenants and can improve the overall building value. Furthermore, it has been proven that better operational efficiencies and #investment performance can drive #sustainability over the long-term.” Reserve your seat today at https://lnkd.in/e3gYKRUG.

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Are you a contractor and confused about what “maintenance work” is under Pennsylvania’s Prevailing Wage Act? Read our latest insight here: https://lnkd.in/eZx-B3WX #PrevailingWage #PAConstruction #ConstructionLaw #ConstructionLawyer #PublicWorks #MaintenanceWork #MBMLaw

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Legal Update: The New Jersey Appellate Division vacates the New Jersey Department of Environmental Protection's General Permit #1 for a Confined Disposal Facility, likely limiting the reauthorization of wetlands approvals for all businesses. Matthew Karmell and Paul Recupero offer insights on the implications for NJ businesses and development projects. Click to learn more: https://lnkd.in/duRW3KRp #EnvironmentalLaw #EnvironmentalManagement #EnvironmentalPolicy #LegalImpact #NJLaw #WetlandsProtection #OffitKurman

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Join the Environmental Law Committee for a discussion on NYSDEC's Brownfield Cleanup Program (BCP) and New York City's Voluntary Cleanup Program (VCP) which encourage private-sector cleanups of contaminated sites and promotes the redevelopment of the sites through economic incentives. The panel will discuss the potential impact these programs may have on environmental justice communities in New York City and also look at various case studies across New York City and their differing perspectives on the topic. Register using the link below: https://lnkd.in/e2kUtQxu #environmentaljustice #brownfieldcleanupprogram #diversityequityinclusionbelonging

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