NJAA Update

Posted on May 7, 2010 by Chris Hogan

I am getting back into the swing of posting on a regular basis.  Sorry if anybody missed me! :)  Let's start with a quick update on recent lobbying efforts by the NJAA, which does great work for apartment owners in NJ:

  • The NJAA recently met w/ BPU Commissioner Nicholas Asselta to press NJAA's support for the adoption of regulations permitting sub-metering of utilities in rental housing, as recommended in the Lt. Governor's final Red Tape Report.  Hard to believe that NJ is the only state that does not allow sub-metering.  Seems to make alot of sense from a conservation and cost efficiency standpoint.  You can find a copy of the NJAA's Memo and the final Red Tape Report through the above link.  For existing rental housing, NJAA recommends using A-2216 from Assemblyman John McKeon (D-Essex) as the model for the BPU.  We'll keep an eye on A-2216 and provide updates as warranted.
  • NJAA was a major supporter of S-82/A-427 which proposed to overturn the current "Time of Decision" rule as it applies to land-use applications.  The bill was signed into law by Governor Christie on 5/5/10.  Here is a copy of the text of the bill from S-82.  Before this bill, the general rule was that the zoning or planning board would apply the law in effect at the time that it rendered its decision rather than the law in effect when the application was initially presented.  As you can imagine, this rule made for some unhappy developers when applications were filed under one ordinance but then denied or limited when the ordinance was changed by time of decision.  Under the new law, a board is required to make its decision on an application in accord w/ the ordinances that are in effect on the date that the application is submitted.  This seems equitable to me.  A developer should be able to reasonably expect that the ordinances at time of application will be the ones deciding the application's fate.  For a contrary opinion, see here.
  • A-1064, which proposes to amend the NJ CFA to eliminate awarding of attorneys' fees, filing fees and costs of suit for technical violations under the CFA, which NJAA supports, was unanimously amended and released from the Assembly Consumer Affairs Committee on 5/6/10.  If passed in present form, it would be a big relief for owners and managers of multi-family units.  Fingers crossed!  (The above link includes a link to the amended bill.)  We'll keep an eye on this bill as well and provide updates as warranted.

Nice work by the NJAA!

Tags: , , , , ,

NJ Assembly May Vote on Sub-Metering Bill

Posted on January 11, 2010 by Chris Hogan

Bill #A1628, which would advance water conservation by allowing sub-metering of water and sewer service in rental housing across the state and has been long supported by the NJAA, has been posted for a vote in the New Jersey General Assembly for Monday, January 11, 2010.  In brief, the Bill would allow for installation of sub-meters and billing of tenants for water and/or sewerage service used by their unit.  Among other requirements, the use of sub-metering would have to be disclosed in the tenant's lease in a "clear and conspicuous" manner" and "in plain language" and the bills sent to the tenant would have to include certain specified information.  As it presently reads, the Bill is fair and comprehensive.  A copy of #A1628 in its present form can be found here. 

The NJ Legislature is currently in what is commonly known as its "lame-duck" session and the Assembly has a number of bills posted for consideration on 1/11/10 so it remains to be seen what, if any, action will take place on #A1628 on 1/11/10.  Yes, there would be an initial cost outlay.  However, passage of this Bill would be a positive thing for apartment owners and managers in the long run, as it would enable them to better monitor, control and recoup costs for water and sewer.  Let's hope that the Assembly gets to it and passes it and then it would be on to the New Jersey Senate.

Tags: , , , , , , ,