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Federal Lead-Based Paint Renovation, Repair and Painting Program Effective April 22,2010

By the law firm of Levy, Ehrlich & Petriello, P.C.

The Lead-Based Paint Renovation, Repair and Painting Program is a federal regulatory program affecting contractors, property managers, and others who disturb painted surfaces.  It applies to residential houses, apartments, and child-occupied facilities such as schools and day-care centers built before 1978.  It includes pre-renovation education requirements as well as training, certification, and work practice requirements. 

Residential Tenant Responsibilities in New Jersey

By Derek D. Reed, Esq. & Bruce E. Gudin, Esq. of Levy Ehrlich & Petriello, PC

A written lease agreement is a road map for any tenancy.  It sets forth the terms, specifies the rent and encompasses a wide range of responsibilities to which a tenant is required to conform.  However, as Landlords we may have a tenant occupying a rental premises without a written lease agreement. This is not uncommon.  While oral leases are legally enforceable in New Jersey, the terms of the tenancy may be left open to interpretation, which is never a desirable position for a landlord, especially when there is a dispute with the tenant.
Nonetheless, a landlord with an oral lease may turn to the New Jersey Administrative Code (“N.J.A.C.”) to determine what “rules” or “duties” a tenant is required to obey.  This little known section of the N.J.A.C. clearly defines general duties of occupants relative to residential tenancies.  N.J.A.C. 5:10-4.1, et seq, states in relevant part:

Six Ways Software Can Help Property Managers

By Chris Thorman of Software Advice
If you’re like most property managers, your work day is stuck in the 20th century. Rent checks are collected through a metal drop box. Brochures sit idly by outside of your office. Your web site consists of one page with a phone number, e-mail address and a few photos. Enough paperwork is collecting in your office to create a fire hazard.
I want to point out six things that property managers can really master in the 21st century, thanks to the latest property management software systems.

Occupants Who Become Residential Tenants Without Landlord Consent: The Golden Peak Extension

By Chris Hanlon, Esq. of Scarinci Hollenbeck 

In 2007 the Supreme Court decided Maglies v. Estate of Bertha Guy, 193 N.J. 108 (2007).  In that case the Court was considering when an “occupant” permitted by the landlord to reside in the premises, could be protected by the enhanced rights of a tenant and secure protection against eviction under the Anti-Eviction Act.  The Supreme Court was dealing with a Section 8 tenancy but it did not appear to limit its ruling to Section 8 tenants.  It crafted a three part test for when an “occupant” could evolve to a “tenant’s” rights under the law.  The Court indicated  that an occupant becomes “a functional co-tenant” when they can demonstrate: (1) They have been continuously in residence; (2) they have been a substantial contributor toward the satisfaction of the tenancy’s financial obligations; and (3) that the contribution has been acknowledged and acquiesced to by the landlord.