Norris, McLaughlin & Marcus

Posts Tagged ‘county’

Proposed Bill Seeks to Help Finance Site Remediation

The Assembly has passed a bill (A-3167/Coughlin) that would authorize the NJ EDA to provide a no-interest loan to a municipality, county or redevelopment entity for up to 25 percent of the cost of a remedial action in a Brownfield development area. “In the current economic environment, with towns everywhere hurting for revenue and credit all but frozen, this is not just a much-needed environmental measure, it’s an economic stimulus measure,” said Coughlin (D-Middlesex) whose 19th legislative district includes four sites totaling nearly 1,000 acres that would qualify for funding under this bill. The loans would come from the state’s Hazardous Discharge Site Remediation Fund and be repayable over a period not to exceed 10 years. The state currently has 31 sites designated as Brownfields redevelopment areas which would qualify for funding under this bill. Altogether, the sites total 3,290 acres. The bill now heads to the Senate for consideration.

What To Do With a Non-Paying Commercial Tenant

Anyone who owns rental property in New Jersey knows that this State is pro-tenant – at least with respect to residential tenancies. Commercial tenants, however, are not accorded the same “protective” approach most tenancy courts in New Jersey take toward residential tenants. For starters, unlike residential tenants, commercial tenants are obligated to leave the premises once their lease expires, unless the parties agree upon a new term, or an extension of the old term. In addition, courts are less hesitant to enforce a lease provision against a commercial tenant, even if it is considered onerous. After all, business is business and unless a lease term is against public policy or requires the doing of something illegal, courts, in a commercial setting, will enforce the lease.

Maybe because of this perception that commercial leases are “business” deals, many commercial landlords are of the mistaken impression that once a tenant fails to pay rent, they can simply avail themselves of what is known in legal circles as “self-help” and lock the tenant out of his rental space. As I pointed out in an earlier post regarding the process known as distraint, it is rarely a good idea for a landlord to do this. Under most circumstances, a court will look askance at such behavior unless the landlord can show a compelling reason for having done so – particularly in light of the fact that New Jersey has in place statutory provisions that allow for “summary” dispossess of a tenant who is in breach of its lease.  

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