Two Sides, One Coin: A Beyond-the-Basics Discussion of New Jersey Landlord-Tenant Law

Modern landlord-tenant law is the combined evolution of traditional real property law, contract law, and public policy. Every case, regardless of simplicity touches each of these areas. This program is a balanced discussion of three important landlord-tenant issues between two experienced practitioners. Dinah Hendon, Esq. Executive Director of the Waterfront Project, Inc. (a non-profit organization dedicated to the representation of the economically disadvantaged) and Thomas J. Major, Esq., will discuss current issues in landlord-tenant law in light of the field's complex history.

Specifically, this program will discuss: (1) The "unconscionable" standard for market-rent increases under Fromet Properties v. Buel, 294 N.J.Super. 601 (App.Div.1996); (2) Sham leases and foreclosed properties after 540 Equinox, LLC v. Puccio, A-0984-16T2 and (3) Roommates, Occupants & "Functional Co-Tenants in Fact." Each of these issues is discussed from the tenant perspective and the landlord perspective with a consideration of the underlying public policy.

Learning Objectives:

1. Examine New Jersey’s “unconscionable” standard for market-rent increases
2. Gain an overview of key issues concerning sham leases and foreclosed properties in NJ
3. Explore the differences between roommates, occupants, and “functional co-tenants” in fact
4. Consider the underlying public policy behind many of New Jersey’s landlord-tenant laws