In September 2007, Ohio Revised Code Sec. 5323.02 went into effect; requiring all Ohio residential rental property owners in counties with a population of more than 200,000 residents to register their properties with the County Auditor. At the end of this month this requirement will be receiving a small but important addition. As of October…
Category Archives: Real Estate
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Assembly Bill No.573: New Law Targets Costly Construction Inspection Delays
By: Cristina N. Hyde, JD Earlier this year, Governor Murphy signed Assembly Bill No. 573 (A573) into law. The purpose of the new law (P.L.2022, c.139) is to streamline the construction permitting process by ensuring inspections occur within a reasonable time from the requested date. Supporters of the legislation have expressed the hope that a…
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DOBI Bulletin No. 22-07: Commissioner Warns Real Estate Licensees to Remain Vigilant
By: Cristina N. Hyde, JD Early last month, the Department of Banking and Insurance (DOBI) issued Bulletin No. 22-07, warning real estate licensees of the importance of continued compliance with the Real Estate Broker and Salesperson Act (the “Act”). Speaking specifically to those functioning as teams and the brokers of record who are managing them,…
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Reminder: Effective Date for Lead-Paint Inspections of Residential Rentals Approaches
By: Cristina N. Hyde, JD Last July, Governor Murphy signed a legislative package focused on prioritizing public health through a state-wide program to reduce New Jersey citizens’ exposure to lead paint. Establishing New Jersey as a national leader in lead poisoning prevention, the legislation recognizes lead as a dangerous neurotoxin that can impact a child’s…
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Service Animals and Emotional Support Animals: Navigating accommodation requests under the Fair Housing Act.
By: Cristina N. Hyde, JD Last winter, the United States Department of Housing and Urban Development (HUD) released updated guidance to clarify housing providers’ obligations under the Fair Housing Act (FHA) when asked to accommodate an animal intended to provide assistance with a disability. There are two types of animals that fit this description: service…
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Assembly Bill No. 21: The New Year brings New Jersey new rules for marijuana use and possession.
By: Cristina N. Hyde, JD After New Jersey’s citizens approved a constitutional amendment legalizing the adult use of cannabis last November, attention shifted to the state legislature to create enabling regulations in order to implement the referendum. The legislation, known as the “NJ Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act“ was passed by both…
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Courtroom Cue: New Jersey Appellate Court rejects categorical application of the “ongoing-storm” rule
By: Cristina N. Hyde, JD This past April, the New Jersey Appellate Division determined that a commercial landowner has a duty to take reasonable steps to render a public walkway abutting its property, covered by ice or snow, reasonably safe. Completely rejecting the previously applied “on-going storm” defense to liability, the court made it clear…
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Assembly Bill No. 3903: Remote Notarization Now Temporarily Permitted During State of Emergency
By: Cristina N. Hyde, JD This past Tuesday, in an effort to alleviate some of the hardship caused by the pandemic and resultant mandates to stay home and close non-essential businesses, Governor Murphy signed Assembly Bill No. 3903. The bill authorizes the use of remote notarization for the duration of the current public health emergency…
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At A Glance: What is force majeure
By: Cristina N. Hyde, JD With the new coronavirus disease officially achieving pandemic status last month, many small business owners are experiencing increased concern about their economic survival. Contributing to that concern is the real possibility that New Jersey businesses will not be able to fulfill existing contractual obligations due to the natural consequences arising…
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The §1031 Exchange: Why and how to navigate this real estate sale transaction.
By: Erika Baldino, VP of Business Development, Kensington Vanguard Sometimes, investors find themselves in situations where they are in possession of real property that they would like to sell. Unfortunately, such a sale will result in a large capital gains responsibility. Therefore, those investors might consider entering into a §1031 tax deferred exchange (§1031 Exchange)…