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Location Litigation

Real Estate Dispute and Land Use Law Blog

Discussing real estate dispute litigation, zoning, and land use matters.

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Jul 23, 2020

Employer Responsibilities to Provide a Safe Workplace During COVID-19

I recently outlined the steps the Center for Disease Control (CDC) recommends building owners take when preparing their buildings to be re-occupied after the lifting of the COVID-19 pandemic-related government shutdowns (see: “Building Owners Must Have a Plan”). Because OSHA obligates employers to “furnish to each of [their] employees …a place of employment [that is] free from recognized hazards that are causing or are likely to cause death or serious physical harm to [their] employees,” employers occupying those buildings too must have a safe workplace plan in place. » Read More

May 29, 2020

No Rent Abatement for Small Businesses in New Jersey: Landlord/Tenant Trials Remain Suspended Through June 14, 2020

One of the questions frequently asked when the lockdown began over two months ago was from small business owners who wanted to know whether they had the right to suspend their rent payments. In response, the New Jersey Legislature introduced a bill on April 9, 2020, that would authorize Governor Murphy to permit emergency rent suspensions for a small business tenant economically distressed as a result of the pandemic. » Read More

Apr 06, 2020

Operational Guidance for Planning Boards and Zoning Boards of Adjustment During the COVID-19 Pandemic

On April 2, 2020, the New Jersey Department of Community Affairs, Division of Local Government Services (DLGS) issued guidance to municipal planning and zoning boards to ensure continuity of land use application procedures and due process while simultaneously adhering to the COVID-19 social distancing and health measures. » Read More

Feb 19, 2019

In Deed

While most people know generally what a deed is, most do not know the different types of deeds that are used to convey real property. The distinctions are important because the type of deed used to transfer property determines the rights of the buyer and seller if something goes wrong after the sale. » Read More

Feb 15, 2019

Is Your Website ADA Compliant?

One of the risks of operating a business open to the public is being sued under the Americans with Disabilities Act (“ADA”) for failing to remove physical barriers that make a business or building inaccessible to a person with disabilities. Complaints about ramps, sinks, seating, countertops, and the like are not unusual in these types of lawsuits. » Read More