The Redeveloper

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Procedures for Contractors Seeking to Participate in NJ Homeowner RREM Program

The State of New Jersey Department of Community Affairs (DCA) has announced procedures for contractors interested in participating in the New Jersey Homeowner Reconstruction, Rehabilitation, Elevation, and Mitigation (RREM) Program. A “Request for Interest” (RFI) was released on June 6, 2013, outlining the steps contractors will have to take in order to be admitted to […]

With Many Hurricane Sandy Victims Still Unable to Secure Temporary Housing, Will New Jersey’s Age-Restricted Communities Offer Up Vacant Units?

In New Jersey, there is a significant shortage of temporary housing for Hurricane Sandy victims.  Currently, about 2,790 households are living in hotel and motel rooms, rented for them by the Federal Emergency Management Agency (“FEMA”), through its “temporary shelter assistance” program (“TSAP”).  When the TSAP expires at the end of January, about 1,100 of […]

New Jersey Supreme Court Rules in Avalon

What is the impetus behind many Supreme Court decisions?  Common sense, equity and a practical approach.  On June 22, 2010, the New Jersey Supreme Court rendered a unanimous decision in the Klumpp v. Borough of Avalon case.  In Klumpp,the plaintiffs’ home was destroyed as a result of a devastating nor’easter occurring in 1962.  Following the […]

Affordable Housing Revisited: Fact or Fiction?

New Jersey’s Fair Housing Act is outdated, unpredictable and ineffective. Not a great combination.  In the eyes of most, it has simply failed to achieve its stated purpose.  On May 13, 2010, Governor Christie announced a basic road map to revamping the entire affordable housing system in New Jersey.  The Governor’s plan would abolish the Council […]

Powerhouse case for Redevelopment

In what continues to be a very good month for redevelopment, on May 17, 2010 the Appellate Division decided Powerhouse Arts District Neighborhood Association Redevelopment, et al v. City Council of the City of Jersey City and rejected the arguments of the plaintiff neighborhood association group challenging the City’s amendments to the redevelopment plan for a downtown […]

Finally, Post Gallenthin Appellate Division Upholds Redevelopment Designation

On May 6, 2010 the Appellate Division in Suburban Jewelers, Inc et al v. City of South Plainfield  upheld the City Of Plainfield’s redevelopment designation of a portion of its central business district.   Of the over thirty cases that have reviewed, discussed or cited the Gallenthin case since Gallenthin was decided in the summer of […]

Christie Administration Goes Solar

On April 22, 2010 Governor Christie signed into law S-921, which is intended to smooth the way for zoning approvals involving solar panels.  The new law specifically exempts solar panels in the calculation of “impervious coverage” as defined under the Municipal Land Use Law.  Similarly, solar panels are not to be considered in determining agricultural […]

Notice of Public Hearings, Get it Right or Pay the Price

Always a critical jurisdictional requirement in municipal land use applications, getting the public notice right in the redevelopment context has even greater importance.  Starting with the Gallenthin decision in the summer of 2007, New Jersey court’s have reviewed redevelopments designations with a keen eye toward protecting private property rights impacted by the designation.   In addition, in […]

Redevelopment, The Pendulem Continues to Swing Towards Private Property Rights

In the summer of 2007 we predicted that the New Jersey Supreme Court decision, Gallenthin Realty Development Inc. v. Borough of Paulsboro, marked the swinging of the pendulum against the use of eminent domain in the redevelopment context in New Jersey.   Unfortunately for those believing in the merits on which the redevelopment law was founded, […]

Zoning Standards: The Tough Get Tougher

New Jersey’s zoning laws should promote revitalized use of properties which have been neglected, or fallen into nonuse status.  Right?  Not so fast. A recently decided New Jersey Appellate Division case further erodes the notion that redevelopment, or “brownfield” cases should enjoy any type of relaxation in the application of legal standards to be applied in zoning decisions. […]