By Erica Peralta | Published September 19, 2023 | Posted in Uncategorized | Tagged Tags: Lead Based Paint | Comments Off on Lead-Based Paint Inspections in Rental Dwellings
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⟩ Lead-Based Paint Inspections in Rental Dwellings
Lead is a naturally occurring element that is widely used in many products including gasoline, cosmetics, and paint. Lead-based paint is usually not hazardous if it is in good condition. However, paint that is peeling, chipped, cracked, or in some way damaged or lead dust, that forms when lead paint is scraped, sanded or heated, Read More
Read MoreSLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT
With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More
Read MoreAppeals Court upholds decision to deny variance request for easement under Green Acres
A recent decision by the Superior Court of New Jersey’s Appellate Division had affirmed the decision of a New Jersey trial court grant of the Defendants’ dismissal of the complaint and motion for summary judgment. Plaintiff’s complaint cited various statutes concerning disability accommodations which were inapplicable given the circumstances. In Julian Leone v. Howell Township, Read More
Read MoreAppeals Court upholds decision to essentially eliminate Jersey City’s Historic Preservation Process
A recent decision by the Supreme Court of New Jersey’s Appellate Division demonstrates how the courts have essentially eliminated Jersey City’s Historic Preservation Review process. In Joseph Berardo v. City of Jersey City, Zoning Board of Adjustment of the City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. Read More
Read MoreAppeals Court upholds decision to deny hardship variance due to lack of evidence
A recent decision by the Superior Court of New Jersey’s Appellate Division had reversed the decision of a New Jersey trial court grant of remand. Plaintiff’s hardship application and hearing failed to provide sufficient evidence for the board to grant a hardship variance. In Ebury Re, LLC, v. Township of Mount Olive Planning Board, Read More
Read MoreAPPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP
In an important decision decided last week, the New Jersey Appellate Division held that interested parties seeking adjudicatory hearings before the DEP can petition the DEP to rule on the request within thirty days. The case, Musconetcong Watershed Ass’n v. N.J. Dep’t of Envtl. Prot., 2023 N.J. Super. LEXIS 81, was initiated when Hampton Farm, Read More
Read MoreSLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION
This week, Governor Murphy signed into law Senate Bill S2802, known as the “Uniform Public Expression Protection Act,” (the “Act”) adding New Jersey to the list of over 30 states that have adopted Anti-SLAPP legislation. A “Strategic Lawsuit Against Public Participation” (“SLAPP lawsuit”) is a strategic maneuver wherein a civil suit is brought against an Read More
Read MoreUS Supreme Court Curtails Reach of the Clean Water Act
In a widely publicized decision published last week, the United States Supreme Court (“SCOTUS”) held that Environmental Protection Agency (“EPA”) authority to regulate wetlands of the United States pursuant to the federal Clean Water Act (CWA) extends only to wetlands that are indistinguishable from waters of the United States. In that case, Sackett v. EPA, Read More
Read MoreNational Cancer Institute Launches Studies to Investigate Link Between PFAS and Various Cancers
Perfluorooctanoic acid (“PFOA”) is one of thousands of chemicals in a family known as per- and polyfluoroalkyl substances (“PFAS”). In 2017, the International Agency for Research on Cancer (IARC) identified PFOA as a possible carcinogen in humans. To further science’s understanding of the carcinogenicity of PFAS, the National Cancer Institute’s (“NCI”) Division of Cancer Epidemiology Read More
Read MoreCourt Affirms Tenants Obligation to Pay Rent Despite Covid-19 Executive Orders
A recent decision by the Superior Court of New Jersey’s Appellate Division demonstrates how strictly courts will construe lease provisions, even in the face of a pandemic and a strict executive order directly affecting the subject of the lease. In that case, Washington-Hudson Assocs. II v. Town Sports Int’l Holdings, 2023 N.J. Super. Unpub. LEXIS Read More
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