Legislation establishing the new fourth round of rules for affordable housing could become law in short order. The Assembly passed its version of the bill, A-4, on February 12.  The Senate Budget and Appropriations Committee moved the Senate’s version of the bill forward to a vote by the full Senate with minor amendments. The Senate is scheduled to vote on its version of the bill, S-50, today, Monday, March 18.

Continue Reading Update on Affordable Housing Legislation

Beginning on March 20, 2024, all property owners seeking to lease (including renewals) or sell real property in New Jersey, including commercial real estate, must make certain disclosures to potential tenants and/or buyers regarding historic and potential flood conditions on the subject property. Pursuant to the law codified at P.L. 2023, c.93, which was the subject of prior posts on this law blog, the disclosures must be made by property owners for all new leases, lease renewals, sales or exchanges of real property in New Jersey.

Continue Reading UPDATE: Comply With New Flooding Condition Disclosures & Landowner Notification Requirements Beginning March 20, 2024 – Or Risk Losing Your Tenant Or Buyer

Pending legislation aimed at establishing the new fourth round of rules for affordable housing has taken a major step forward. On February 8, the Assembly Appropriations Committee considered the bill, made significant amendments, and moved the bill forward to a vote by the full Assembly. The Assembly is scheduled to vote on the bill, A-4, on Monday, February 12.

Continue Reading Affordable Housing Legislation Takes Major Step Forward

Legislation aimed at establishing the new fourth round of rules for affordable housing and the process for same was re-introduced as Assembly Bill A-4 and Senate Bill S-50 in the new legislative session with minor changes from the previous session’s bills (click here and here to view my earlier posts on this subject). Most of the provisions in the previous session’s bills remain unchanged. Notably, the re-introduced bills remove the requirement for the Supreme Court to appoint special masters for regional areas of the state to calculate regional needs on municipal present and future obligations, instead assigning the Department of Community Affairs to calculate these needs. Both bills are progressing through the two houses and have been moved to appropriations committees.

Continue Reading Update on Re-Introduced Sweeping Affordable Housing Legislation

With the legislative session in Trenton coming to an end tomorrow at noon, New Jersey legislators and the Governor have crafted compromise legislation, S4265/A5912 (which can be found here), to address some of the long-awaited reforms so desperately needed to revamp New Jersey’s antiquated liquor license regulations. While the bill makes some significant changes regarding brewery licenses and addresses inactive retail consumption (i.e., restaurant) licenses, it does not fully satisfy Murphy’s call to reform and expand the liquor license scheme overall. The legislation appears to be on track for passage by both houses of the Legislature today, and Governor Murphy is expected to sign the bill into law as soon as it hits his desk.

Continue Reading A Deep Dive Examination of the Restaurant Liquor License Aspects of the Fast-Moving Bill Speeding Through the New Jersey Legislature

Bill to be Reintroduced in New Two-Year Session Beginning Tuesday at Noon

Assembly Bill A-4, which aimed to implement the new fourth round of rules for affordable housing and change the administration of affordable housing in New Jersey (click here to view my earlier post), was held by the Assembly Appropriations Committee yesterday. A companion bill in the Senate had been referred to the Senate Community and Urban Affairs Committee, but was not considered by the committee in its last meeting of the two-year session ending next Tuesday. As a result, the bill’s sponsors have vowed to re-introduce the legislation in the next legislative session. The bill will have to begin the legislative process anew, including committee review in both houses. 

Our team of land use and government relations attorneys will continue to monitor this or other affordable housing legislation and update this blog from time to time.

With just a few days remaining in the two-year legislative session, State lawmakers introduced and are swiftly pushing towards enactment of a bill that would radically change the administration of affordable housing in New Jersey and set forth a single standard to determine affordable housing obligations. Since 2015, no standard has been in place. Instead, the calculation and administration of the required affordable housing has been led by courts and court-appointed special masters. With an impending new round of affordable housing obligations set to begin on July 1, 2025, this legislation could provide clarity to municipalities and developers. The Assembly Appropriations Committee was scheduled to discuss the bill today. The Assembly and Senate are likely to consider the bill next week.

Continue Reading Sweeping Legislation Could Reshape Affordable Housing in New Jersey for at Least a Generation

With just two days remaining in the two-year legislative session in Trenton, New Jersey lawmakers and the Governor’s Office are reportedly drafting compromise legislation for speedy passage tomorrow and Monday, which Governor Murphy is expected to sign into law in a matter of days. While the contents of the draft bill fall far short of the Murphy Administration’s proposed sweeping overhaul of the state’s alcoholic beverage laws, the revisions appear to be significant. NJ Advance Media has previewed the legislation and is reporting that it would:

Continue Reading NJ Legislature Poised to Revise Restaurant/Brewery Liquor Licensing Laws with Two Days Left in Session

Disclosures affect all properties including commercial and industrial.

Specifics of the scope of the disclosures left unresolved.

On December 21, 2023, the Department of Community Affairs (DCA) published forms applying to:

  • Sales of any property in New Jersey after March 20, 2024.
  • New leases and lease renewals for any leased property, including commercial and industrial leaseholds.
Continue Reading New Flooding Condition Disclosures Published – Effective March 20, 2024

Governor Murphy today conditionally vetoed legislation that would have added yet another burden on commercial property owners.  The bill, A-4750, would have required the owner of every commercial property in the state—presumably affecting retail, office and industrial space despite the bill’s reference to the creation of a “storefront” registry— to notify the state’s Business Action Center (“BAC”) whenever a commercial space “becomes available” and “no person or entity is presently scheduled to lease or purchase the property.”  The property owner would have also been required to notify the BAC again when such space became re-occupied. Instead of an outright rejection of the bill, however, Governor Murphy suggested that the Legislature first allow for the BAC to study the issue that the legislation aimed to solve. In conditionally vetoing the legislation, Governor Murphy echoed the sentiments of my colleagues in this earlier blog post.

Continue Reading Gov. Murphy Rejects Legislation Requiring Commercial Property Owners to Register “Vacant Space”