The New Jersey Apartment Association has developed a list of available apartments to help those displaced in the Passaic fire. Click here for a list of available properties and resources.

Would you like to help those who are displaced? Do you have available apartments in or around Passaic? 

To be added to our resource, list, please e-mail catherine@njaa.com with the following:

• Community name
• City
• Rent range
• Email / Website information
• Phone number for the property
• Any concessions that you are willing to make (i.e. application fee waived, etc.)

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2017 NJAA Board of Directors Slate:

• Tania Brown, CIS Management, Inc.
• Charlene Delia, Western Pest Services
• Bill Diggs, Renaissance Equity
• Larry Falkow, The Apts
• Jeffrey Garfinkel, Sterling Properties
• Jonathan Gershen, Esq., The Gershen Group
• Andrew Goldberg, AIT, RestoreCore
• Michael Goldberg, Goldberg Realty
• Tracey Goldstein, Esq., Feinstein, Raiss, Kelin & Booker
• Brian Henry, Apartments.com
• Richard Kingston, Morgan Properties
• Scott Machlovitz, Hilton Realty
• Paul McGrath, City Fire Equipment Company
• Andrew Rosen, Solomon Organization
• Jessica Scully, Scully Company
• Joseph Spadaccini, The Kamson Corporation
• Lewis Zlotnick, Woodmont Properties

• #1 Ron Ladell, AvalonBay Communities
• #3 Ed Russo, Russo Development
• #4 Gene Diaz, Prism Capital Partners
• #6 Eric Witmondt, Woodmont Properties
• #7 Jonathan Kushner, Kushner Real Estate Group
• #10 Jose Cruz, HFF
• #14 Steven Pozycki, SJP Properties
• #19 Dave Barry, Ironstate Development Co.
• #20 Ted Zangari, Sills, Cummis & Gross
• #24 Gus Milano, Hartz Mountain Industries
• #25 Jared Kushner, Kushner Cos.
• #32 John Mikyla, HFF
• #43 Andy Merin, Cushman & Wakefield
• #44 Bob Donnelly, Sr., Cushman & Wakefield
• #45 Jeff Babikian, CBRE
• #47 Gary Gabriel, Cushman & Wakefield
• #48 David Opper, CBRE
• #51 Tim Touhey, Investors Bank
• #63 David Brogan, New Jersey Apartment Association

To view the full list, please click here.

With authorized borrowing, this measure would support $2 billion annually in transportation projects. As such, it would create a stable mechanism for ensuring the proper maintenance of our transportation infrastructure. At the same time, it would phase out the Estate Tax, which will help slow the outmigration of both people and wealth from New Jersey to other states, which is splitting families and dampening economic growth in New Jersey. The Senate is currently debating the measure and the Assembly is expected to consider it later today.

NJAA commends the governor and legislative leaders for taking this important step toward making New Jersey's tax climate more competitive with other states and making it easier for New Jerseyans to retire in their home state. 

Currently, an apartment owner must wait for a Public Housing Authority to conduct an Housing Quality Standards (HQS) inspection of an apartment before a prospective tenant with a section 8 voucher could move in to an apartment. This inspection is separate from and in addition to any state or local inspections that may be performed. Delays for an HQS inspection can sometimes take more than thirty days. This delay puts voucher holders at a disadvantage compared to market-rate tenants and imposes unnecessary administrative burdens on apartment owners. This Act would partially address this problem by allowing voucher holders to move  in to units  that  have  already  passed inspections  for  other  federal  programs. Currently,  units  that receive  Low-Income  Housing  Tax Credits  (LIHTC) or  are  FHA insured  are  already  inspected  as  a  condition  of participation in those  programs. Click here for copy of the new law.

This bill would stifle the reinvestment that is transforming distressed areas into economically viable and desirable places within our State's communities.  Furthermore, the increased costs associated with these mandates would put upward pressure on housing costs.  While the bill was released in a 7-3 vote, NJAA will continue to oppose the measure in the Legislature.

Click here for a copy of NJAA's testimony in opposition to A-328.  Click here for a copy of the bill as introduced.

On Wednesday, May 11, 2016, the Jersey City Council tabled two ordinances that would have reduced needed workplace flexibility and created significant disincentives for businesses who operate in Jersey City. Ordinance 16.081 would have established a minimum 30-hour workweek for employees who are retained to provide building services at office buildings, colleges, universities and museums of 150,000 square feet or larger and multifamily communities of 50 units or more. Ordinance 16.082 would have further imposed obligations on these same businesses, requiring that, upon entering into or terminating a service contract for building services, the successor contractor would be required to retain the prior contractor's service employees for a 90-day period, and thereafter on the basis of a "satisfactory" performance evaluation.

NJAA spearheaded a coalition of nine major business groups in opposition to the ordinance. The coalition sent a letter to the council, which outlined three principal concerns: 1) commercial and residential building owners and operators, like any other businesses, need the flexibility to augment their full-time workforce by hiring a combination of part-time workers and contractors; 2) the limitation against hiring part-time workers would effectively bar people wishing to work part-time from pursing jobs in Jersey City in the multifamily and commercial real estate sectors; and 3) these ordinances are not permitted by state law.

NJAA was also mentioned in an NJ.com article about the ordinances, which can be found here.

Due to the strong opposition against the ordinance, the council tabled the measures. Nevertheless, advocates for the legislation continue to lobby council and press for passage. If you have properties in Jersey City or do business in Jersey City, we urge you to contact council members and express your opposition to this measure.

These reforms will help slow the outmigration of both people and wealth from New Jersey to other states, which is splitting families and dampening economic growth in New Jersey. Beyond the generalized benefits to New Jersey’s economy, we anticipate that estate tax reforms would have a specific positive impact on New Jersey’s multifamily apartment communities – many of which are family owned businesses. Since most of the capital in a multifamily property is not liquid, most family real estate companies would need to be sold at the death of a major principal to pay estate taxes. These reforms to the estate tax, phased in over time, would help keep ownership of these properties to those with a long-term commitment to the State of New Jersey. An additional benefit of this policy would be to free critical investment capital that could be channeled back into renovations and rehabilitation projects, thus improving the quality of life for those who choose to live in rental housing.

NJAA applauds this bipartisan effort to address New Jersey’s outlier status in its death taxes, which is dampening economic development and encouraging the outmigration of people and wealth. We will continue to press for action on this important measure in the Senate and the Assembly, and keep NJAA members apprised.

Click here for a copy of our testimony in support of S-1728 and click here for a copy of the bill.

Under the new DCA rule, a basement that is 3,000 square feet or less in an apartment building would not be subject to the enhanced fire safety provisions for windowless basements if it has a 32 inch wide door that provides direct grade access to grade level via a 36 inch outdoor ramp, if the following conditions are met: 1) the ramp must be open to the sky and cannot have any overhead obstructions, 2) there must be a 28 by 24 inch breakable glass window in the door, and 3) there must be an additional window that is at least 2 square feet and no more than 24 inches below grade level in the room with the door as well as in every additional room that does not also have a door. This rule change creates an additional pathway for compliance. As such, any basement that is already in compliance with the regulation remains in compliance, and no additional action is needed. 

If you have any questions, please do not hesitate to contact Nicholas Kikis at 723-992-0605 or at nicholas@njaa.com.

Click here for our desk letter in opposition to S-3277, and click here for the bill as passed in both houses of the Legislature.

If you have any questions, please contact Nicholas Kikis as 732-992-0605 or at nicholas@njaa.com.

• Ron Ladell, Senior Vice President, AvalonBay Communities, Inc.;
• Ed Russo, President and COO, Russo Development;
• Eric Witmondt, CEO, Woodmont Properties;
• Steven J. Pozycki, CEO, SJP Properties;
• David Barry, President, Ironstate Development Co.;
• Guss Milano, President and COO, Hartz Mountain Industries;
• Jonathan Kushner, President, Kushner Real Estate Group;
• Jared Kushner, CEO, Kushner Cos.;
• Jeff Milanaik, CEO and Managing Member, CrownPoint Group;
• Ted Zangari, Member, Sills, Cummis & Gross;
• Jose Cruz, Senior Managing Director, HFF;
• Tim Touhey, Senior Vice President, Investors Bank;
• David Brogan, Executive Director, NJAA.

Each year, NJBIZ recognizes real estate’s contribution to New Jersey’s economy and publishes a list of the most prominent and influential people in the industry. 

In a press statement, David Brogan, NJAA's executive director, stated, “The multifamily industry is playing a critical role in New Jersey’s economy through job creation and investment, and it is great to see so many NJAA members recognized as leaders in the industry.”

The NAA/NMHC requested and secured two extremely beneficial changes to this proposal from the original version that was introduced in the House of Representatives. First, the original proposal would have made partners jointly and severally liable for the entire partnership’s tax liability (this would have created a risk to any potential investor and would therefore curb investment). Second, the original proposal would have enabled smaller partnerships (partnerships with 100 or fewer partners) to opt out, but not all partnerships were eligible. The final deal would allow REITs, in addition to C corporations, to be an eligible partner for the purposes of opting out.

Members who may be subject to these new requirements are encouraged to reach out to their tax attorney and/or accountants for additional information.

NJAA is asking its membership to post any long-term or short-term rentals that you have within 20 miles of Passaic on the New Jersey Housing Resource Center (NJHRC) website located at www.njhrc.gov.   This NJHRC site will be available to residents searching for alternative housing.   For more information please click here for a flyer or call 1-877-428-8844.

To see the full list of finalists, please click here.

NJAA PAC has been holding similar invitation-only events throughout the year to provide NJAA PAC’s top contributors with the opportunity to meet legislative leaders and to engage in a dialogue on the issues that are important to the multifamily industry.  NJAA PAC will be holding its annual fundraising reception on October 13, 2015, at the Crestmont Country Club (event details and registration information is below). If you are interested in becoming part of the NJAA PAC and getting involved in these events, please contact Nicholas Kikis at 732-992-0600 or via e-mail to pac@njaa.com.

On Monday, Governor Christie signed into law S-1813/A-1813, which is sponsored by Senator Jim Whelan (D-Atlantic), Senator Steve Oroho (R-Sussex), Assemblyman John Burzichelli (D-Cumberland) as well as additional Assembly sponsors and co-sponsors. The bill expands and strengthens the provisions of a 2011 law that requires each State agency to undertake a periodic review of permits issued by these agencies, in order to identify permits that are obsolete or that could be administered through an expedited procedure. The bill will require State agency reviews to identify: 1) permits that can have their period of validity extended beyond the scheduled termination date without significant disruption to the efficiency or work of the State agency, so long as the public health, safety, or general welfare is not endangered; and 2) permitting procedures that can be better facilitated through the increased incorporation of computer-based technology, such as the Internet, or that can be completed online. Click here for a copy of S-1813 as enacted.

In its decision, the appellate court looked at the bill statement of the 1998 licensure statute, which stated that the “bill would limit the authority of a municipality to license the rental of commercial and residential real property” and “would effectively limit that authority to seasonal leases, such as weekly rentals in shore municipalities,” and concluded that it “serves as powerful evidence of the objectives and intentions of the Legislature with respect to licensing residential units.” Additionally, in weighing an older and broader grant of licensing authority against the 1998 statute, which the township relied upon to make the argument that a municipality could license apartments, the court applied the principle “expresso unis est exclusion alterius,” or “the inclusion of one excludes the other,” writing, “we understand the very specific addition of [the subsection added by the 1998 amendments], which limits licensure to residential rentals of ‘less than 175 consecutive days,’ precludes licensure of residential rentals for 175 days or more.” This 1998 amendment, the court wrote, “must be considered purposeful and made while cognizant” of the older and broader grant of licensure authority. Accordingly, the court ruled that “the Legislature chose to limit municipal licensing authority to short-term lease arrangements” and ruled that the Hamilton ordinance mandating licensure of leases of more than 175 days is ultra vires, i.e. outside the municipality’s authority, and is therefore unenforceable.

The New Jersey Apartment Association joined the case as amicus curiae in support of the position of the apartment firm, Timber Glen. NJAA was represented by Sean A. Smith, Esq., and Charles X. Gormally, Esq., of Brach Eichler LLC. Many municipalities have adopted licensure schemes in efforts to boost nontax revenues. These ordinances increase costs for apartment firms and are ultimately passed on to residents in the form of increased rent, decreasing the affordability of rental housing.

Click here for the complete decision.

Click here to download the list.

The report identifies seven categories of impediments to fair housing choice within New Jersey: 1) Declining housing affordability, particularly for low-income households, with a rising proportion of low-income households experiencing inadequate or cost burdened housing; 2) A rising proportion of people with Limited English Proficiency; 3) Concentration of subsidized housing units in neighborhoods with relatively high levels of poverty; 4) Lack of public information about fair housing laws and lack of dialog among groups with interests in access to fair housing and housing protections; 5) The continuation of land use and zoning barriers to the production of housing for low income households in some localities; 6) The need for housing for special needs populations, including the disabled, veterans, and the homeless; and 7) Racial and ethnic housing concentration.

NJAA participated in the public hearing and will be providing the DCA with written comments during the public comment process. Click here for a copy of the draft report and click here for the draft appendices. Written submissions are due to the DCA by August 15, 2015. Please contact Nicholas Kikis for additional information.

The Senate passed a measure which would amend the enabling statues for local boards of health to provide additional powers concerning the provision of heat in multifamily communities. The bill, S-2796, sponsored by Senator Cruz-Perez (D-Camden), passed in a 33-0 vote. The bill allows local boards of health to establish a higher minimum temperature for age-restrcted senior communities during the heating season. Current regulations require that from October 1 of each year to May 1 the following year, multiple dwellings be heated to a minimum of 68 degrees Fahrenheit during the daytime hours and a minimum temperature of 65 degrees Fahrenheit during nighttime hours. The bill would authorize local boards of health to require that owners of age restricted housing to provide a heat at a minimum temperature of 70 degrees Fahrenheit. thsi could be made applicable around-the-clock, unless the person occupying the unit is not 62 and is not disabled. Click here for a copy of the bill as approved by the Senate. There currently is no companion bill in the Assembly.

• Assuming a typical nine-year holding period, apartment rents would have to increase by 11.8 percent to offset the taxation of capital gains and depreciation recapture income at rates of 23.8 percent and 25 percent, respectively.
• Governments collect 19 percent more taxes on commercial properties sold following a like-kind exchange than by an ordinary sale.
• Nearly nine in 10 (88 percent) of commercial properties acquired by a like-kind exchange result in a taxable sale in the very next transaction.

For more details, please see the study fact sheet or read the complete study by clicking here.

The bill would require employers provide one hour of paid sick leave for every 30 hours worked. The accrual and the carry-forward of paid sick time would be capped at 40 hours (five days) for employers with fewer than 10 employees or 72 hours (nine days) for employers with 10 or more employees. The bill would prohibit general paid time off (“PTO”) policies where employees do not differentiate between types of paid leave, and would require employers track and document all workers’ hours. Additionally, the bill would allow workers to designate individuals, other than a child or spouse, for whom they could take time off if sick. The measure would create a significant liability on employers who could face legal action and penalties for recordkeeping violations. Furthermore, the measure would also have a tremendous impact on all employers, including those who currently offer paid sick leave benefits to their workers.

As such, NJAA has joined “Keep New Jersey Competitive Coalition,” which consists of business associations throughout New Jersey to oppose the measure.  For more information about the paid sick leave mandate and its impact, click here.

The analysis courts will apply to disparate impact actions begins with the burden on the Plaintiff, in many cases the non-profit testing group, to show that your policy or practice has or will have a discriminatory effect.  Once shown, the burden moved to the Defendant to prove that the challenged practice or policy “is necessary to achieve one or more substantial, legitimate, non-discriminatory interests.”  If the Owner/Operator successfully meets this burden, the burden then shifts back to the Plaintiff to prove that the “substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect.”  Id.  If proven, the Plaintiff is successful in their action.

This decision adds a powerful tool under FHA available to non-profit groups testing and measuring FHA compliance.  Which means those who must comply with the FHA, landlords, building managers, developers, etc., need to be vigilant and proactive in FHA compliance, considering not only whether their policies and practices, on their face, violate the FHA but also whether the impact of those policies and practices violates the FHA.

Thank you to Charles X. Gormally, Esq., of the law firm Brach Eichler, LLC, for authoring this update. Click here for a copy of the Court’s decision.  

As anticipated, Governor Christie on Friday approved the budget, while using his line-item-veto authority to slash $1.6 billion from the Legislature’s budget and vetoed the increases to the Corporate Business Tax and Gross Income Tax. Additionally, Christie is returning to the Legislature a bill which would increase the Earned Income Tax Credit (EITC) by fifty percent to achieve parity with the EITC in New York State.

LWD’s rule proposal recognizes advances in boiler technology, which make the current frequency of physical inspections unnecessary. Additionally, the existing regulations were designed for industrial applications, and when applied to residential apartments, are unduly burdensome without providing added safety benefits. The existing black seal rules were identified by the Red Tape Review Group, established by Governor Christie and Chaired by Lieutenant Governor Kim Guadagno, as being “anachronistic” and this rule change would implement its recommendation.

Click here for a copy of NJAA’s comment letter in support of this proposal.

NJAA’s testimony noted several broad concerns with the bill. Apartment owners use various criteria for screening tenant applications, including credit history, rental history, and criminal background. However, fair housing laws require that apartment owners apply these standards uniformly to all applications. By restricting the use of clear and accepted measures of financial responsibility, S-1585 creates significant legal liability for the operators of affordable housing communities. Additionally, prudent tenant screening is necessary to ensure that residents are able to pay their rent obligations. As rent losses can threaten the viability of an affordable community, S-1585 creates disincentives to make new units of affordable housing available and runs counter to the sponsor’s goal of expanding access to affordable housing.

In response to concerns raised by the NJAA, the bill was moved to the discussion-only agenda. As such, while the committee took testimony, there was no action on the bill. NJAA looks forward to a continued dialog with sponsors and stakeholders on this bill.

 Click here for a copy of S-1585, and click here for a copy of NJAA’s testimony.

The bill would make it nearly financially infeasible to construct multifamily housing, especially affordable housing. Estimates range from a 30% to 40% increase in construction costs. With the need to build over 100,000 units of new affordable homes over the next decade, we need to be mindful of any new mandate that would put that goal in jeopardy.

NJAA Executive Director David Brogan testified before the committee, stating that “multifamily housing is built and maintained according to stringent codes and standards, which have served our residents well. S-2824 would replace these nationally accepted standards with new requirements that would be prohibitively expensive and would inhibit the construction of new affordable housing across the State.”

While the committee took testimony, it took no action on the bill. Senator Stack indicated an interest in working with stakeholders over the summer, and we look forward to participating in those discussions.

Click here for a copy of S-2824 and click here for a copy of NJAA’s testimony.

These regulations collectively govern construction in coastal area and inland flood zones. The revisions are designed to reduce complexity, correct conflicting regulations, and streamline the permitting process for project applicants. The rule proposal is based on recommendations made by stakeholder study groups, and is part of the Christie Administration’s ongoing effort to add common sense and predictability to overly burdensome state rules and regulations.

The proposal was published in the New Jersey Register, and the DEP is soliciting comments through the end of July. Click here for a full copy of the 936-page proposal.

New Jersey law requires a municipality that provides solid waste collection services to its residents to reimburse multifamily dwellings for the cost of providing such services, up to the amount that the municipality would have expended had it provided such services directly. As an alternative to reimbursement, the statute provides a municipality the ability to provide solid waste collection services to the multifamily community directly.

The Borough of Woodbine passed an ordinance offering collection but requiring curbside pickup, which the Borough argued relieved it of its obligation to provide reimbursement. The Appellate Division disagreed, writing “the trial court’s opinion that the Borough had not offered Woodbine Manor a reasonable alternative to statutory reimbursement and that curbside collection … was arbitrary is supported by ample credible evidence in the record and is based on a correct interpretation of our Supreme Court’s pronouncements.”

Click here for a complete copy of the decision.

NJAA representatives met with Congresswoman Bonnie Watson Coleman, Congressman Scott Garrett, and Congressman Tom MacArthur to highlight the importance of the apartment industry to our national economy. In New Jersey, the apartment industry provides more than 44,000 jobs, contributes $5.7 billion toward New Jersey’s State GDP, and pays more than $1 billion annually in local property taxes.

NJAA highlighted the benefits of maintaining the current tax treatment of flow-through entities, carried interest, and IRS Section 1031 Like-Kind exchanges as Congress discusses comprehensive tax reform proposals. Additionally, we discussed housing finance reform efforts to replace the current model of Fannie Mae and Freddie Mac. We also discussed issues concerning both military housing and affordable housing, which are financed at the federal level and are at risk of cuts through the Budget Control Act of 2011, including sequestration.

The NAA holds an annual lobby day where state and local apartment associations across the country utilize local relationships to deliver the message to Congress about issues concerning the multifamily industry. This year, NAA used this occasion to re-launch its award winning campaign: Apartments. We Live Here.

Pictured Above (Left to Right): Nicholas Kikis & David Brogan, NJAA; Congressman Scott Garrett; and Michael Beirne, Vice President of Kamson Corporation.

This bill requires certain parking garages to have an onsite emergency vehicle capable of accessing low-clearance areas. NJAA testified in opposition to this measure when its Assembly companion, A-3372 (Huttle), was considered by the Assembly Homeland Security and Preparedness Committee. NJAA highlighted both the cost factors and the potential liability on property owners and garage owners. 

NJAA continues to oppose this bill and has been working with the Senate sponsors, in conjunction with industry partners, on a substitute bill that would accomplish the sponsors’ goals without placing a significant and costly mandate on garage owners and operators.  NJAA will keep its membership apprised on the progress of the bill.

Click here for a copy of the bill as introduced.

We have developed a list of available apartments in the area and we are coordinating with the Red Cross, as well as State and local officials, to ensure that this list is widely distributed.

Click here for a list of apartment communities for those displaced by the fire in Edgewater.

Would you like to help those displaced by the Edgewater fire? You can be added to our list of available communities and resources.

Please send an email to membership@njaa.com including the number of apartments immediately available for rent, rent range, and any concessions that you may be able to offer displaced Edgewater residents.

#EdgewaterStrong
Disaster Relief Fund for the Families Affected by the Edgewater Fire
Please consider making a donation to Edgewater Strong. Please click here to see out how you can donate and aid in restoring the lives of the town’s residents.

The NJAA and its members empathize with the difficulty of being displaced under such circumstances and we stand ready to help those in need.

Click here for a list of apartment communities for those displaced by the fire in Edgewater.

The NJAA and its members empathize with the difficulty of being displaced under such circumstances and we stand ready to help those in need.

David will develop and implement a strategic plan for the association designed to increase membership and revenue, elevate our government affairs activities on both the state and local levels, enhance our member benefits and education, and raise the stature of both the NJAA and the NJAA PAC.

NJAA thanks Jean Maddalon for her six year tenure with the association, and wishes her well in her future endeavors.  Jean Maddalon has served as executive director since joining the association in 2008.

David brings with him 17 years of experience in Trenton, along with a diverse skill set and a reputation for effective leadership.  In his most recent role as First Vice President of the New Jersey Business and Industry Association (NJBIA), David managed legislative and regulatory issues pertaining to tax, economic development, labor, environment, and energy policies. Working for the nation’s largest employer representative association, with over 20,000 members, David was the go to person on key legislative and regulatory issues that impacted the business community.   

David also ran the New Jersey Organization for a Better State Political Action Committee (NEW JOBS PAC) for four years.  Under David’s leadership, NEW JOBS became the fastest growing and largest ideological business PAC in the State.  David raised PAC contributions to legislators and candidates from $270,000 to $440,000, and elevated the stature of the PAC in Trenton. 

Legislators and candidates now strive to be endorsed by the NEW JOBS PAC and David believes he can implement similar strategies for the NJAA PAC.    

David’s impeccable reputation and record of achievements alone will immediately raise the profile of the NJAA and the industry.  David’s strategic thinking and vision will reinvigorate and refocus the NJAA’s efforts toward serving our members’ needs, and David’s relationships with key decision makers in the Legislature and the Christie Administration will enhance our government affairs activities. 

Finally, working with our existing staff, including Nicholas Kikis in government affairs, who has decided to stay on board, David is confident that we will set a new standard of excellence for the NJAA as it continues to represent one of the most significant industries in New Jersey.

David is a resident of Mount Laurel, NJ.  He graduated from Rutgers University in 1995 with a BA in Political Science.  David was a Senate staffer from 1997 to 2003, a contract lobbyist from 2003 to 2005 and worked as an association lobbyist from 2005 to the present.

The apartment firm, Timber Glen, is asking the court to invalidate Hamilton’s apartment licensing scheme as impermissible under state laws enabling municipalities to adopt licensure ordinances. NJAA’s brief argues that, as the power to license is not inherent in municipal corporations, any ordinance which attempts to license without a statutory grant of power are considered ultra vires and void.

The New Jersey Legislature, in adopting amendment to the licensure laws in 1998, expressly limited municipal licensure authority to seasonal rentals (rentals of less than 175 days), a point which is clear in both the plain meaning of the statute and was underscored in the bill’s legislative history. NJAA argues in its brief that the legislative intent is unequivocal and that the Trial Court’s ruling, if allowed to stand, would create a mischievous incentive for municipalities to adopt such ordinances, which would drive up housing costs for rental housing providers and rental residents alike.

Click here for a copy of NJAA’s brief in support of the appeal.

NJAA is represented in this matter by Charles Gormally, Esq., Brach Eichler, LLC.

The Department of Community Affairs (DCA) is proposing to increase a number of fees that support code enforcement and other activities within the Division of Codes & Standards. The increase in 5-Year Inspection fees (28% fee increase) is significantly higher than what is being proposed for other programs (11% fee increase). While NJAA is calling on the Department to pare back the fee increase and delay it until the 2015 calendar year, apartment firms should be aware of the planned increase and prepare as much as possible.

Click here for a copy of NJAA's formal submission objecting to these fee increases.

The New Jersey Supreme Court had ordered COAH to adopt regulations mirroring the previous rounds' methodology, however, the current proposal deviates significantly from the prior round methodology. These rules, if adopted in their current form, would almost certainly lead to a fresh round of litigation and continue the uncertainty and delays that have plagued the COAH process for the last fifteen years.

NJAA's comments recognize the importance of appropriate limitations on municipal land use regulations to facilitate the construction of affordable low- and moderate- income housing. Additionally, NJAA strongly objects to the removal of both requirements and incentives for facilitating rental housing.

Click here for a copy of NJAA's formal comment submission.

In a decision which would have hamstrung the development of multi-family units at Brownfield sites, the Appellate Division had prevented Magic Petroleum from maintaining a contribution action in state court pursuant to the Spill Compensation and Control Act ruling that (a) the New Jersey Department of Environmental Protection ("NJDEP") had primary jurisdiction over the dispute, and (b) Magic Petroleum was required to obtain pre-approval from the NJDEP for its remediation plan prior to bringing any action for contribution.  

In a unanimous decision released on July 28, 2014, the New Jersey Supreme Court reversed the holdings of the Appellate Division, noting that, by statute, Magic Petroleum was required to bring its contribution claim in state court and that no NJDEP pre-approval of its remediation plan was required prior to initiating that action.  The Supreme Court decision paves the way for developers of Brownfield properties to pursue responsible parties while simultaneously redeveloping sites across New Jersey.

Click here for a copy of the Court's ruling.

This update is provided by Martha N. Donovan, Esq., Norris McLaughlin & Marcus, who represented the NJAA as amicus curiae and participated in oral arguments.

The Senate Committee took action on key legislation for the NJAA, which seeks to regulate the remediation of mold and the contractors who perform such services. In a 4-0 vote, the Committee amended S-2142, sponsored by Senator Singer (R-Monmouth/Ocean) and Senator Greenstein (D-Middlesex), to make the bill identical to A-1007, and released both bills for consideration on the Senate Floor. NJAA supports S-2142/A-1007, as amended, as the bill would allow maintenance workers to continue to address instances of mold at multifamily communities, would establish clear procedures to guide the inspection, evaluation, and abatement of mold, and would provide consumer protection by regulating mold remediation contractors. The Assembly and Senate Sponsors have committed to continuing stakeholder discussions to ensure that remaining concerns are addressed, and NJAA looks forward to partaking in such discussions.

Click here for a copy of A-1007 to which the Senate bill was amended to be identical. The General Assembly approved A-1007 earlier this year in a 60-15 vote.

Click here for Conor Fennessy’s testimony as prepared for submission at the February 11th hearing in Atlantic County. 

Click here for Nicholas Kikis’s testimony as prepared for submission at the February 12th hearing in Essex County.

Maintenance Mania® is a national competition sponsored by the National Apartment Association (NAA) and its affiliates. Presented by HD Supply, a leading distributor of maintenance and renovation products, the NJAA event will feature multi-family maintenance professionals from across New Jersey who will put their on-the-job knowledge to the test by competing in a series of skill-based games. Challenges include the Bradford White Water Heater Installation, CFG Faucet Installation, Kidde Fire & Carbon Monoxide Safety Installation, Kwikset Key Control Deadbolt Test and among other games, the Motorola & Niagara Conservation Race Car Competition. To read the full press release, please click here.

The bill, sponsored by Asm. Craig Coughlin (D-Middlesex) and Senator Brian Stack (D-Hudson), would allow residential tenants to seek attorney’s fees when they prevail in a legal action against the owner. Assembly amendments made on Dec 19 contained an NJAA-authorized compromise to allow the Courts appropriate discretion over determining awards of attorney's fees to tenants.  Under current law, each party to an action pays her own attorney's fees; however, contractual lease agreements or statutory laws can shift those fees in certain circumstances. Most residential lease agreements require tenants to pay attorney’s fees when the owner prevails in order to safeguard the community against incurring unnecessary legal costs. S-2018 would allow tenants to seek recovery of attorney's fees and expenses when they prevail in court and where a lease agreement provides owners the right to seek such fees.

NJAA worked closely with bill sponsors and secured a number of amendments throughout the legislative process, including (1) clarification that a tenant will not be deemed to have prevailed by satisfying a past due balance prior to entry of a judgment for possession; (2) adding definition as to what expenses a tenant may recover; (3) clarification that tenant’s right to recovery is to the same extent as a landlord's ability to recover such fees should the landlord had prevailed. Most recent amendments reinsert a provision providing the courts with discretion and modify a required lease notice provision to better fit with the lease document.

S-2018, as amended, passed the Senate 27-11 after passing the General Assembly 71-9 with wide bi-partisan support on Dec 19, 2013. The amended bill preserves language negotiated by the NJAA that ensures the judiciary retains discretion over such awards. Click here for a copy. S-2018 now moves to the Governor’s desk for final consideration.

Many thanks to our special guests for taking the time during this busy campaign season to share a few hours with the NJAA and our members. As an industry, multi-family rental housing employs over 44,000 New Jerseyans, pays over $1 Billion in real estate taxes, and contributes over $5.7 Billion to the New Jersey economy annually. The better the multi-family industry can inform and educate elected officials and policymakers on the importance of rental housing to our state’s economy, the better New Jersey will be able to identify effective policy solutions to make rental housing more affordable, available and sustainable. Thanks as well to our generous PAC Host Committee members, including Michael Barry, William Dailey, Jonathan Gershen, Michael Goldberg, Michael Haydinger, Brent Kohere, Tom Kretsch, David Legow, Joe Spadaccini & Jeff Kurtz, Jeff Smith, and Steve Waters.

In affirming, with modifications, the prior decision of the Appellate Division, the Court rejected COAH’s use of the “growth share” methodology set forth in the Third Round Rules. The Court is requiring COAH within a five month deadline to adopt new rules consistent with the FHA based upon the prior rounds’ method of allocating fair share obligations among municipalities. By requiring COAH to issue new rules and by inviting the Legislature to consider “alternative approaches” to promote affordable housing production , this decision will likely bring issues of affordable housing back into the legislative and regulatory arenas.

Click here for an analysis by Phil Morin, Esq. which discusses the decision and its likely impact to the multifamily community.

These fixed-fee provisions create certainty for both landlords and tenants and reduce the burden on the court system of determining actual legal fees in each and every summary dispossess action. In an opinion for a unanimous court, Justice Helen Hoens wrote that a lease provision for attorney’s fee is not liquidated damages which are presumptively reasonable, and is not a form of damages at all, but rather is an additional rent term that the landlord must demonstrate as being reasonable.

The case now returns to the trial court. This decision continues the uncertainty created by the appellate court over the permissibility of lease provisions establishing fixed attorney’s fees that do not directly reflect the actual legal costs.

NJAA members with such lease provisions should have them reviewed by counsel.

Click here for a copy of the decision.

The NJAA, which submitted an Absolute Veto request on June 28^th, is confident that the Governor’s Conditional Veto, submitted to the Legislature for consideration on September 9^th,  deletes the most dangerous sections of the bill  and proposes that the Department of Community Affairs conduct a study of rent control and its effects on seniors,  It is hoped that a state study will help educate legislators, municipal officials and, ultimately, renters on the long-term impact artificial price controls have on the quantity and quality of affordable rental housing in New Jersey.

"The New Jersey Apartment Association thanks Governor Christie for doing the right thing and using his authority to send this bill back to the Legislature for more work," said NJAA President, Brent Kohere.  "This legislation was bad from the start but thankfully, the Governor was there to protect our economy, defend rental housing, and preserve the future of multi-family investment by sending the proposal back for additional work."

"The New Jersey Apartment Association looks forward to continuing to work with the Governor and Legislative Leaders on this issue.  An in-depth, statewide study of rent control and its deleterious effects on New Jersey’s economy, local property taxes base, and the quality of our rental housing stock is something we all agree is sorely needed."

The Governor’s Conditional Veto of A-2737/S-897 preserves the vital new construction exemption from local rent controls on new rental apartment construction.  Preserving this important housing policy is an important victory for the NJAA and our members who provide safe, clean, affordable rental housing to hundreds of thousands of working families, young couples and seniors.

To read the complete press release, click here.

The bill would make New Jersey the only state in the nation to regulate prices on newly constructed apartment buildings. These bills contravene a well-established housing policy that encourages construction of multi-family rental housing by providing an exemption from rent control for newly constructed multi-family rental buildings. This policy has been critical to urban revitalization and the production of much needed rental housing throughout the state.

Rent control is not only a poor housing policy universally decried by economists for market distortions and inefficiencies, but it also significantly erodes and artificially constrains the municipal property tax base. Moreover, rent control creates significant disincentives for property owners to invest in and maintain the existing housing stock, and as such, over time, systematically suppresses the standard of living for those who choose to live in rental housing.

Click here for a copy of NJAA’s press release with a copy of its veto request on A-2737/S-897.

New Jersey is one of only four states plus Washington DC to have rent control on privately-financed and built rental apartments (in addition to New Jersey, only New York, California, and Maryland have rent control). All of these states with rent control have statewide policies to encourage new multifamily construction by limiting the imposition of rent control on newly constructed buildings.

A-2737, if enacted, would make New Jersey the only state in the nation to subject new apartments to rent control. In fact, all of these others states already go further than New Jersey to promote investment in housing. New York State exempts all housing constructed after 1974 from rent stabilization and rent control. Washington DC exempts all housing constructed on or after 1976. In California, the Costa–Hawkins Rental Housing Act adopted a policy statewide that exempts all newly constructed housing from rent control in perpetuity.

Across the State of New Jersey this policy to exempt new rental housing from local rent controls has been essential to the economic development we have seen in our urban centers. From the “Gold Coast” in Hoboken, Port Imperial, and Jersey City to market-rate projects in Newark, New Brunswick, Long Branch, Trenton, and Camden, scores of buildings that are now home to thousands of New Jersey’s families would not have been possible without this commitment from the state to safeguard new construction from the well-known ills of rent control.

This statewide policy is essential for all residents, and eliminating it for seniors would have serious ramifications to the availability and affordability of rental housing options for seniors in New Jersey. As rent control has the impact of discouraging new rental housing development, this bill would severely reduce the production of new rental units for seniors, ultimately making those units currently available in the marketplace more expensive. It is important to note that rent control (either for seniors or the general population) is need-blind so those who do not actually need subsidized housing will be covered under the rent control.

In this shifting economy and uncertain real estate market, the current statewide exemption for construction of new senior rentals is a critical component of New Jersey’s statewide housing policy to help bring new housing choices and opportunities to our older residents.

This reversal of a successful housing policy program which has been in place for over twenty year is bad for seniors today, bad for seniors tomorrow, bad for our economy, and bad for the future of rental housing in New Jersey.

The bipartisan measure aims to raise awareness and strengthen the tools available to combat human trafficking. In New Jersey, human trafficking occurs when someone knowingly holds, entices, harbors, transports, provides or obtains by any means another person to engage in sexual activity or to provide labor or services.  Human trafficking does not require movement of people across borders and is often called modern day slavery. FBI estimates suggest that more than a half million people -- primarily immigrants, women, and children -- are trafficked in the Unites States annually. 

The NJAA worked with Assembly sponsors on this important legislation to ensure that apartment owners are given the legal tools they need to respond when apartments are used for such purposes. Accordingly, the law creates a new cause for eviction, (r), for engaging in activities related to human trafficking on the premises of an apartment.

Click here for the U.S. Department of State's "Trafficking In Persons Report" and click here for a copy of A-3352 as enacted.

“Federal approval of the Governor’s CDBG-DR Action Plan will provide a much-needed boost to on-going recovery efforts.  Rental homes were 28% of the primary residences damaged by the storm; these funds will help professional rental housing providers restore storm damaged apartment communities.”

To read the full statement, please click here.

MacGyver had nothing on Dave Berryman of the Kamson Corporation, who returned to defend and ultimately retain his title for the fifth year in a row.  Maintenance technicians from across the state hoped in vain to dethrone Berryman, but Steve Guzman, also of the Kamson Corporation, came in second for the second year in a row and newcomer, Craig Hintzen of Value Companies rounded out the top three. 

To read the full press release click here.

The Disaster Relief Appropriations Act of 2013, signed into law by President Obama on January 29, 2013, appropriated $16 billion in the Community Development Block Grant Disaster Recovery (CDBG-DR) program, of which, the U.S. Department of Housing and Urban Development’s ("HUD") has allocated $5.4 billion. These funds have been awarded to New Jersey in addition to four other states and New York City. This proposed Action Plan allocates $1.8 billion -- New Jersey’s portion of the initial funding – to various programs to spur redevelopment and recovery from the effects of the storm. Consistent with purpose of the CDBG-DR program, this plan would have a tremendous impact on satisfying unmet needs in our most impacted counties and our low- and moderate- income populations.

The proposal would provide $254.2 million directly toward rental housing programs with substantial additional funding going to programs that will have an ancillary benefit to rental housing (e.g. $500 million in economic development and $116 million in support to local governing bodies).

NJAA did offer specific recommendations to the DCA to better support recovery of lost rental housing in our most impacted communities.

Please click here to download our formal comments on the DCA Action Plan.

For more information on NJAA advocacy issues, events, or how to become a member, call 732-992-0600.

For more information on NJAA advocacy issues, events, or how to become a member, call 732-992-0600.

Testimony at both Committee hearings was taken from environmental, open space, land use, stewardship, historical preservation, business, and utility stakeholders.  

NJAA's written testimony commented, “A tax on drinking water – levied on a necessary and vital element of daily life, and placing an additional economic burden on millions of New Jersey families – is unwise public policy in these challenging economic times. The NJAA – and our members across the state who provide quality, safe, clean, affordable rental housing to thousands of working families – share your love and zeal for protection and preservation of our open spaces, but we must respectfully disagree with your policy solution of a tax that will drive up water costs for our businesses and our residents.”

Committee Chairman Smith – the bill’s primary sponsor – expressed urgency in identifying a new, stable, long-term funding source for open space preservation, land stewardship initiatives, and floodplain/Blue Acres acquisition. The Chairman also expressed hope that the issue would be addressed during the gubernatorial campaigns this year and pledged to bring the issue up again in Committee later this winter.

Click here for a full copy of NJAA’s testimony submitted at the February 4^th Committee hearing.

Assemblywoman Spencer, chair of the Assembly Environment & Solid Waste Committee, and NJAA's Housing Champion – 2012, stressed the importance of keeping multi-family communities safe, clean and a place that people don’t just live in, but are proud to call “home.” She also invited members to reach out to her with issues relevant to the housing community because, although her seat is in Newark, she considers herself a representative of all 7.5 million residents of New Jersey. 

Mr. Kohere highlighted NJAA’s 2012 accomplishments including the addition of over 100 new members, and an increase in the number of apartment units they represent to more than 170,000.  He also emphasized that participation at events and educational programs was up and reiterated the challenge from his inauguration in 2012 for members to get involved and invite others to join them.

“We are honored that Assemblywoman Spencer spoke at our annual meeting,” said Jean Maddalon, executive director for the NJAA. “Her remarks were especially helpful in reinforcing the NJAA’s own message, that active engagement with Legislative leaders on multi-family issues is the responsibility of our entire industry, from the statewide association level right down to the hundreds of NJAA members at the local level.”

The NJAA also used the event to announce William Dailey of CIS Management Inc. as the President-Elect, and to recognize the 2013 NJAA officers and, board of directors including newly elected:

• Michael Barry, Applied Development Co.
• Michael Beirne, The Kamson Corporation
• Joseph Collins, CALECO
• Vincent Comperatore, Comperatore Associates, Inc.
• George Jacobs, JK Management, LLC
• Tom Kretsch, Segal & Segal
• Robert Lampher, Pennrose Management Co.
• Jerry Lombardo, C.J. Lombardo Company
• David Siegel, Coinmach Corporation
• Larry Stein, Appliance Brokers, LTD
• John Zoetjes, American Architectural Window & Door

The following Diamond Sponsors were honored at the event as well: Acadia Windows & Doors, Apartments.com, Archer & Greiner, P.C., Brach Eichler L.L.C., Coinmach Corporation, Comcast, Elias B. Cohen & Associates, Gebroe Hammer Associates, Goldberg Realty Associates, HD Supply, Kislak Company, Hess, HFF- Holliday Fenolglio Fowler, LP, Insurent Lease Guarantee, Marcus & Millichap, Multi-Housing Depot by ARI, P. Cooper Roofing, RestoreCore, Sax Macy Fromm & Co., PC., Touch of Color Flooring.

The NJAA, which consists of the larger, professional owners, managers, builders and developers of private capital and market rate units as well as subsidized and affordable multi-family rental housing, is dedicated to provide safe, clean and affordable rental housing to more than one million families throughout the state.

Since 1998, the NJAA Charitable Fund has hosted more than 15,000 children and given thousands of gifts while entertaining them with dancing, face painting, balloon art and a visit with Santa Claus.  This year, toys for the event were collected by more than 65 member companies.

“The smiles on everyone’s faces made it clear that this event is not just special for the kids, it’s meaningful to our members as well,” said Jean Maddalon, executive director for the NJAA. “We start planning this party in March and look forward to it all year.”

Hartz Mountain Industries of Secaucus generously donated the space, lighting and catering.  Additional sponsors included Meadowlands Exposition Center, Hatfield, Pepsi, Sysco, White Rose Foods, Acadia Windows & Doors, Comcast, Fieldstone Properties I, LLC, Investors Bank, The Kamson Corporation, P. Cooper Roofing, CORT Furniture Rental and Multi-Housing Depot by ARI. 

“We applaud Governor Christie and his administration, and we are eager to assist his efforts to help those impacted by Hurricane Sandy, and help the Garden State get back to normal as quickly as possible,” said Jean Maddalon, executive director for the NJAA.  “Historically, our members have been very generous, and this initiative gives them another way to give to those in need.”

In addition to NJAA’s contribution, the National Apartment Association (NAA), the NJAA Charitable Fund, the Delaware Apartment Association (DAA) and the Board of the NJAA Charitable Fund have all committed to contribute.

 About the Hurricane Sandy New Jersey Relief Fund:
This fund was created by Gov. Chris Christie and the state's first lady, Mary Pat Christie, on the Saturday following the storm, the money raised will be used to help residents impacted by the recent superstorm that wrought damage and destruction in New Jersey and along the Jersey Shore earlier this week. The Hurricane Sandy New Jersey Relief Fund will provide a critical mechanism to collect donations and also provide assistance to families who have been affected by the destruction of the storm.  The website for the Hurricane Sandy New Jersey Relief Fund is https://sandynjrelieffund.org.

“The NJAA Charitable Fund Scholarship money will help my daughter fulfill her dream of becoming an architect," said Claudia Cazan of MaGrann Associates, an NJAA member since 2001, of her daughter’s 2012 scholarship. “We appreciate NJAA Charitable Fund’s help in getting Julia’s college career off on the right foot.”

“We are delighted to be able to expand our program during an economic time when it’s much more common for organizations to cut funding,” said Jean Maddalon, executive director of the NJAA. This year’s scholarship program will help even more members and residents fulfill their dreams of higher education.”

2013 is the ninth year that the NJAA Charitable Fund has been awarding scholarships to the NJAA community.  To date they have granted over $40K to support the educational goals of 28 individuals.

All applications postmarked by February 20, 2013 will be considered and grants will be awarded for the 2013-14 academic year.  Go to www.njaa.com/charitable-fund  to view the application and guidelines.  Scholarship recipients will be evaluated by Scholarship Management Services, a third-party company not affiliated with the NJAA or the NJAA Charitable Fund.

For more information about the NJAA Charitable Fund please visit njaa.com/charitable-fund.

Emergency Assistance and Housing Resources

Anyone displaced by the storm or anyone who has faced a loss should register with FEMA to be able to access key federal resources. Register by phone at 800-621-FEMA (3362) or TTY 800-462-7585 for those with hearing or speech impairments. Specialists are standing by at the toll-free numbers seven days a week, 7 a.m. to 10 p.m. local time, until further notice.  Help in languages other than English is available. Or you can register online at www.DisasterAssistance.gov. You can also apply through a web-enabled mobile device or smartphone by visiting http://m.fema.gov/ and following the link to "apply online for federal assistance." All twenty-one (21)New Jersey counties have been declared eligible for disaster assistance.

Temporary housing is available through a Transitional Sheltering Assistance (TRA) program that will house those whose primary residence is inaccessible or unlivable due to damage or loss of power. The period of assistance will run between November 1st through November 14th. Additionally, FEMA is looking to relocate residents into rental apartments. If you have available units, please contact the NJAA at 732-992-0600 or by e-mail to Jean Maddalon at jean@njaa.com. FEMA's Housing Portal can be accessed by clicking here.

Small Business Recovery Conference call:   FEMA/US-ASBA/NJ-EDA/NJ-BAC

Governor Chris Christie is pleased to offer small business owners the opportunity to join Federal Emergency Management Agency (FEMA), U.S. Small Business Administration (SBA), New Jersey Economic Development Authority and New Jersey Business Action Center senior officials for a conference call on the federal and state government's efforts to help small businesses and homeowners recover from Hurricane Sandy. Officials will provide updates and answer questions about assistance and support to states affected by the aftermath of Hurricane Sandy, ensuring the federal family and its public and private partners continue to provide all available resources to support state, local, territorial and tribal communities in affected areas.

WHAT: NJ Economic Development Authority, FEMA, SBA and New Jersey Business Action Center senior officials update call with local, small business owners and officials on Sandy relief efforts.

WHEN: Thursday, November 8 at 2 p.m. ET

DIAL IN: Dial-in: 1-888-621-9649; Event number: 411483
 

Statewide & Local Water Restrictions Remain

Governor Christie has asked residents and businesses statewide to take immediate measures to avoid all unnecessary water use. With many water treatment and wastewater facilities operating on backup power, it is essential that all New Jerseyans take measured steps to conserve potable water. The Governor's executive order prohibits many activites and businesses should be aware of the restrictions and exemptions.

Click here for the Governor's "State of Water Emergency" Executive Order.

Residents and businesses in the 36 towns served by the Middlesex County Utilities Authority's (MCUA) wastewater treatment system are advised to further minimize water use to reduce stress on the storm-damaged sewage treatment system and help limit polluting effluent now flowing into the Raritan River and Raritan Bay.

The following towns are served by the MCUA:  Bound Brook, Bridgewater, Carteret, Cranbury, Dunellen, East Brunswick, Edison, Fanwood, Franklin Township, Green Brook, Helmetta, Highland Park, Jamesburg, Metuchen, Middlesex Borough, Milltown, Monroe Township, New Brunswick, North Brunswick, North Plainfield, Old Bridge, Perth Amboy, Piscataway, Plainfield, Sayreville, Scotch Plains, South Amboy, South Bound Brook, South Brunswick, South Plainfield, South River, Spotswood, Warren Township, Watchung and Woodbridge.

NJDEP: Department Issues Administrative Order on Reconstruction Permitting

DEP Commissioner Bob Martin recognizes there was significant damage to certain public infrastructure from Hurricane Sandy and an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures. Therefore, on November 3 the Commissioner issued Administrative Order (AO) #2012-13, exempting State, County and Municipal agencies from DEP's formal permit procedures for a specific category of emergency activities relative to public infrastructure. This Administrative Order applies only to damage resulting from Hurricane Sandy.

The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:

-  In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).

-  Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.

-  Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.

The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, "in-kind repair or replacement" does not include a re-designed bridge or culvert that is hydraulically different from the original structure. Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects.

To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Sandy within 180 days of the effective date of this Administrative Order. That deadline is May 1, 2013. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. The AO shall remain in effect until such time as the state of emergency declared by Executive Order 104 has concluded unless the AO is previously rescinded. For a copy of the Administrative Order, please click here.

Important Dates

-  November 3, 2012: Administrative Order No. 2012-13 is issued

-  May 1, 2013: Deadline for State, County and Municipal agencies to submit comprehensive inventories

-  60 Days after Completing All Projects on DEP-approved Inventories: Deadline for State, County and Municipal agencies to submit final certified inventories 

The NJAA will continue to monitor alerts and announcements from key Federal, State, and County agencies in the days and weeks ahead. You can also check for updates at www.ready.nj.gov. For many New Jersey families, recovery from Hurricane Sandy will be slow and may take several months - especially for those in hardest hit areas across our state. New Jersey has faced many challenges since our founding in 1702, and we shall overcome this latest one as well. If you have any questions, please do not hesitate to contact Association HQ at 732-992-0600.

New Jersey Office of Emergency Management

New Jersey Hurricane Sandy Recovery Page

FEMA Hurricane Sandy Recovery Page

Shelters are available to those displaced by the storm. Search for open shelters by texting: SHELTER and a Zip Code to 43362 (4FEMA). Ex: Shelter 01234 (standard rates apply) | Red Cross shelters

Affected individuals and businesses in eligible counties in Connecticut, New Jersey, and New York can apply for disaster assistance through FEMA either online or by calling 1-800-621-FEMA (3362).

President Obama has issued an order declaring: Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, Somerset and Union counties major disaster areas. This declaration immediately opens access to federal funds through both HUD and FEMA. Additional areas could be added as officials continue to get a better understanding of the scope of the devastation caused by Sandy.

If you see or encounter any life-threatening infrastructure problems call (609) 963-6810.

Please note any "boil water advisories" that are in place and be sure to communicate this information to your residents. Click here for a list from the NJ Department of Environmental Protection.

Also note that DEP has temporarily lifted some rules on emergency generators and, with many of our water utilities operating on backup power, has asked all residents to take steps to conserve water.  Up-to-the-date information on environmental issues and DEP advisories can be accessed from a special DEP portal on hurricane related issues.

Click here for emergency utility information.

Should you have to close or evacuate a property, do so in consultation with your local and county Office of Emergency Management (OEM). Click here for a list of county OEMs.

As always, should there be an emergency situation, call 9-1-1.

Below is a short checklist that will help assist property managers make last minute preparations:

1.) Identify storm trajectory and properties in or near:

The path of storm

In a flood zone

In an area prone to flooding

In heavily wooded areas

2.) Contact local emergency authorities and determine if evacuation is needed:

Locate local shelters or hotels

Determine evacuation routes and road closures

This information is available at http://www.state.nj.us/njoem/ 

3.) Determine internal resources with staff, maintenance personal, equipment:

Are back-up generators functional?

Inventory vehicle fleet and ensure that vehicles are filled with gas or charged fully.  Move vehicles to safe area, outside of the flood plain.

4.) Communicate with residents and inform them of local authorities warnings or weather threats:

Send Email or Text alerts

Post on Community website and social media outlets “Alert” communication

5.) If evacuating property:

Notify EMS or the Office of Emergency Management (OEM) of your evacuation.

Determine if you need to/can shut off gas or electric.  It is recommended to shut these off if possible if imminent flooding is going to occur.

Place signage on clubhouse/office door with contact names and numbers.

If an evacuation is ordered, place flyers of the evacuation route and other pertinent information outside your office/clubhouse door for residents and head to safety.

Record new message with answering service

                                         i.    IMPORTANT – if you do this, you must update this message regularly – otherwise you could create more confusion. 

                                        ii.    You must state the time and date in the message, so people can determine the timeliness of this information.

6.) Recovery

Contact your insurance agent or carrier immediately to report the claim, determine coverage and deductibles

If your building has sustained water damage, start the mitigation process immediately

Not properly drying your property can increase the likelihood of mold amplification, additional damage and pose a coverage risk

Do not pump out basements too fast; doing so has the potential to destabilize your foundation.  As a rule of thumb, wait for the water to recede naturally until there is less than 3 feet or water remaining.

During widespread disasters, it could take days or weeks before an insurance adjuster will visit your property.  FEMA encourages property owners to immediately embark on emergency repairs – if you have a question as to what action to take, you should contact your insurance agent or broker for guidance.

You should keep all receipts and track staff hours to include with your insurance claim

7.) Document the action that you take during this period.  Have managers or subordinates witness planning and communication. 

For further information see your local states office of emergency management website NJ:   http://www.state.nj.us/njoem/  You will find information and links to other websites regarding evacuation routes, temporary shelters, road conditions and closures, whether alerts and other up-to-date information.

Thank you to RestoreCore for providing these guidelines.

We would like to congratulate all our honorees and thank all who attended for making it a great night to celebrate the apartment industry's commitment to excellence.

We would also like to specially congratulate Pennrose Management Company, winner of the Affordable Management Company of the Year honors, and AvalonBay Communities, winner of Management Company of the Year of market-rate housing.

Click here for our media release listing all Garden State Awards.

Special Thanks

We would also like to extend recognition and thanks to Brent Kohere and Peggy Hale for serving as our masters of ceremonies, all who contributed with a toy or a donation to the Charitable Fund's Children's Holiday Party, and to our sponsors of the Garden State Awards whose commitment made the event possible.

Event Sponsors

Investors Bank - Signature Sponsor; Comcast - Photo Booth Sponsor; On-Site.com, Central Wholesalers & Griffin Alexander, P.C. - Centerpiece Sponsor; Value Companies, Inc. - Cocktail Reception Sponsor.

Veteran State House reporter, Michael Aron, of NJTV, moderated the lively discussion, which covered topics including New Jersey’s economic conditions, housing and land use policy priorities, COAH reform, outlook our on the 2012 and 2013 elections, and need for a new rail tunnel into New York City.

“The New Jersey Apartment Association (NJAA) is the recognized voice of multi-family rental housing, and active engagement with legislators and policy makers helps to ensure that the interests of professional rental housing providers – and our residents – are always represented,” commented Brent Kohere, president of the New Jersey Apartment Association. “It is our mission to continue an open dialog with leaders on the issues affecting availability, affordability, viability and sustainability of rental housing in New Jersey, in order to ensure that the needs of multi-family owners, managers, builders and developers are not only heard, but met.”

 NJAA’s Host Committee for this year’s PAC Reception includes Michael Barry – Applied Property Company, Brent Kohere – Home Properties, William Dailey – CIS Management Inc., Jonathan Gershen – The Gershen Group, LLC, Michael Goldberg – Goldberg Realty Associates, Michael Haydinger – First Montgomery Group, Tom Kretsch – Segal & Segal, Jeff Kurtz and Joe Spadaccini – The Kamson Corporation, David Legow – Legow Management Company, and Jeff Smith – Kriegman & Smith, Inc.

Industry experts are brought in to professionally inspect and judge all of the nominated individuals and properties. Nominations are open to all NJAA members, showcasing excellence in more than forty-eight categories.

“The caliber of the 2012 nominees is undeniable and will continue to set a high standard amongst companies and individuals in years to come,” says Jean Maddalon, Executive Director of NJAA. “We are confident that this year’s awards dinner will be one of the biggest industry events this season as we make preparations to recognize all of the men and women whose dedicated efforts have aptly contributed to the advancement of the multi-housing industry in our state.”

Additionally, individuals who have received industry certifications through education sessions held at NJAA will also be recognized.  Attendees will have the opportunity to network with more than five hundred of New Jersey’s leading rental professionals at the Awards & Reception Dinner held at the Hyatt New Brunswick on Thursday, October 18, 2012. The reception will begin at 5:30pm and the awards presentation will immediately follow. Registration for this event is now open online at www.njaa.com.

For a complete list of the 2012 finalists please visit: www.njaa.com/gardenstateawards

To reserve a table or to learn more about event sponsorship opportunities please contact Damaris Zayas at events@njaa.com or (732) 992-0606.

Proceeds from the tournament enable the NJAA Charitable Fund to provide its annual scholarship program, which has awarded nearly $40K to 28 individuals since 2002, and its annual children’s holiday party, which has provided fun, food and holiday gifts to more than 15,000 children since 1998. Members of the NJAA Charitable Fund Fundraising Committee additionally raised over $1,250 in donations for the fund during the outing.

“The golf tournament gives our members an opportunity to interact with their peers outside the office for a day, and helps the NJAA Charitable Fund raise money to give back to neighborhoods and communities throughout New Jersey,” said Jeff Smith, president of the NJAA’s Charitable Fund. “We are always in awe of the generosity of our members when we ask them to participate in our charitable fund events.”

Following the tournament, the organization hosted a reception and dinner where the following members were given awards: Jerry Lombardo, C.J. Lombardo Company and Ken Swider, Applied Development Company won an award for Closest to the Pin. The award for Longest Drive was given to Chris Teresi, Kriegman & Smith, Inc. The Putting Contest award winner was Joseph Vendola, Pascack Community Bank. The awards for top two teams of the day were given to: 1^st place: Bob Arthur, Comcast Cable; John Chaump, ReMaxx Advantage; Jim Jenkinson, Wilmar; Denny Defelice, ReMaxx Advantage and 2^nd place went to: Andy Goldberg, RestoreCore; Mike Nolan and Jay Robinson of JNR Group, Inc.; Conor Fennessy, NJAA.

“This bi-partisan legislation will help the State’s economy, our members, and our residents, by extending approvals already secured and allowing additional time before they expire. Approving the Permit Extension Act makes good sense. Good sense for businesses, who want to move forward with projects and invest in New Jersey but are still struggling to get back on their feet; good sense for communities where these projects had been studied and approved; good sense for skilled workers in the construction trades who will benefit from construction jobs once the economy improves; good sense for families who will be able to choose from new or improved rental housing opportunities that would otherwise be lost; and good sense for the State treasury, as added economic activity will generate a much-needed boast in corporate, sales and income tax revenues; and, good sense for our economy as a whole.”

The bi-partisan legislation, sponsored by Assembly Majority Leader Lou Greenwald (D-Camden), Asw. BettyLou DeCroce (R-Morris), Assembly Housing Committee Chair Jerry Green (D-Union), Senator Paul Sarlo (D-Bergen) and Senator Steve Oroho (R-Sussex), passed both the General Assembly and State Senate overwhelming and now awaits the Governor’s signature into law.

Click here for a full copy of NJAA’s letter.

Mr Constable has been serving in an acting capacity as Commissioner since December 2011, and addressed attendees at the NJAA's 23^rd Annual Conference & Expo in Atlantic City last month.  The Judiciary Committee's approval clears the way for the full State Senate to take-up his nomination before summer recess.

The NJAA looks forward to continuing to work with Commissioner Constable, Gov. Christie, Lt Gov. Guadagno and their entire administration on the key housing, land use and economic development policy issues facing New Jersey.

Click here for a copy of NJAA statement in support of Commissioner Constable.

The study estimates that in 2010, the industry directly or indirectly supported over 44,000 jobs (1.2% of the state’s total employment), contributed $5.7 billion to the State Gross Domestic Product (GDP), generated over $1 billion in local tax revenues, and $140 million in tax revenue to the State of New Jersey.

The NJAA commissioned the Bloustein School to perform a comprehensive economic analysis of the apartment industry in order to provide officials and the industry with the insights required for future effective long-range housing policy planning.

Additional key highlights from the Rutgers report for the industry’s impact in 2010 include:

• Operating expenditures and investments made each year on multifamily properties were responsible (directly and indirectly) for 44,444 jobs in New Jersey.
• The industry directly employed nearly 22,000 property managers, maintenance personnel, leasing professionals, administrators and other staff and was responsible for an additional 22,000 jobs in other business sectors as a result of its expenditures.
• In 2010 the apartment industry contributed :
  • $1.0 billion in local tax revenue;
  • $140 million in annual state tax revenue.
• Overall, the apartment industry spends approximately $4.2 billion on its annual ongoing operations and an additional $410.6 million on capital expenditures on renovations to existing structures (not including new construction activity). These direct expenditures and their subsequent impacts add $5.7 billion to the gross domestic product (GDP) for the state.

Click here for a full copy of the study.

In addition to more than 30 total hours of sessions on topics ranging from fair housing to recycling, NJAA recognized two state officials for their work to create legislation to benefit apartment owners and residents.

NJAA president Brent Kohere opened the Conference & Expo by proclaiming Assemblywoman, L. Grace Spencer (D), chairwoman for the Assembly Environment and Waste Management Committee, the NJAA 2012 Housing Champion for her work as a key voice in balancing housing policies.  He also named Senator, Steve Oroho (R) the Legislator of the Year for his work on the Permanent Red Tape Commission as a dedicated outspoken advocate for the housing industry on topics including water sub-metering. The audience also heard from the NJ Department of Community Affairs (DCA) Acting Commissioner, Richard E. Constable, III as he presented an update from the DCA.

This year’s conference featured keynote speaker, advisor, author and entertainer, Garrison Wynn on Tues., May 22^nd and magician, mentalist and comedian, Jon Stetson on Wed., May 23^rd.  Wynn discussed the importance of listening when gaining another’s trust saying that, “The truth about trust is that there are people who don’t trust you despite knowing you for a long time and those who know you for five minutes who trust you.  This is based on your demonstrating competency and compassion.”

Stetson’s presentation hit a lighter note, entertaining the audience the following day with his mentalist skills, reading several audience members’ minds, including NJAA’s executive director, Jean Maddalon, to the delight and awe of the crowd.

Brent Kohere, President of NJAA, commented on this year’s Conference and Expo, “The NJAA conference is a great opportunity for us to recognize our individual and organizational achievements as well as provide the multi-family industry opportunities to learn how to grow our influence in the industry together.”

In addition to the keynote address, the Conference and Expo offered educational sessions for industry members including property owners and managers, leasing agents and maintenance staff with an extensive list of 20 multi-family industry related learning opportunities. Attendees were also invited to explore this year’s expo floor, attend the “After Hours Party” on Tues., May 22^nd at Mixx Nightclub at The Borgata, and enjoy networking meals on Tues., May 22^nd and Wed., May 23^rd. 

The letter reads: "Under PL 2008, C. 46, still commonly referred to by its bill number, A-500, municipalities were given four years to commit to spend accumulated housing trust fund dollars for new affordable housing development within their borders. The creation of a time-specific deadline for trust funds to be spent was a crucial component of A-500 (Roberts/Watson Coleman/Green) and was a policy priority for dozens of housing advocacy groups who feared that, without a fixed statutory deadline, municipalities would continue to resist spending these funds on new affordable housing. The deadline established under A-500 is fast approaching and dozens of municipalities are now clamoring for more time. This is inexcusable. The NJAA would respectfully request that you not offer any extensions and continue to adhere to this statutory deadline; New Jersey should not reward municipalities that have ignored their obligations as stewards of these funds that were paid by housing developers for the purpose of affordable housing construction. Inaction by many municipalities shows a clear penchant for resisting efforts to spending trust fund dollars. Without a hard-and-fast statutory deadline hanging over their heads, we expect many municipalities will simply wait another two years and then clamor again for yet another extension."

Additionally, the NJAA asked the Governor to expedite approval of any municipal spending plans before his administration, and ensure that any dollars collected by the State be devoted exclusively to housing programs.

Click here for a full copy of the NJAA letter.

“We are very proud that all three finalists from NJ will be representing us at the National Maintenance Mania^® competition in June,” says Jean Maddalon, executive director for the NJAA.  “It is a testament to the fact that while the competition is fun, they take the elements in the competition and their daily jobs, very seriously.”

 “The Kamson Corporation takes pride in our ability to attract some of the top maintenance talent in the country,” said Mike Beirne, Executive Vice President at The Kamson Corporation in Englewood, NJ.  “We appreciate and value the continued education through NAA affiliate sponsored events such as Maintenance Mania that allow our employees to stay at the top of their game.”

Mr. Berryman, Mr. Guzman and Mr. Brennan were among the more than 3,000 competitors across the nation, including 87 in New Jersey, who battled for a chance to become a finalist. Qualifying competitions began in August 2011, with NAA affiliates hosting more than 60 events across the country. Finalists were selected from each region to compete in the National Championship in Boston. Each finalist has been awarded an all-expense-paid trip to the event, to be held during the NAA Education Conference & Exposition June 28-30 in Boston.

“It is an honor to represent the New Jersey Apartment Association in the national Maintenance Mania event,” stated Dave Berryman, building manager for The Kamson Corp. and four-time winner of the New Jersey competition.  “Maintenance Mania is like our industry’s Olympics and we are honored to represent New Jersey.”

The championship, offered by the NAA and presenting sponsor HD Supply Facilities Maintenance, marks the sixth season of the Maintenance Mania® competition. Each finalist will compete in a pinewood derby style race car competition and seven maintenance-focused challenges that test competitors’ maintenance skills and knowledge of the industry. The games are based on the most frequent maintenance issues, such as repairing a toilet or changing smoke alarms.

The technicians are competing for approximately $20,000 in cash and prizes, courtesy of the presenting and national sponsors. Grand prizes include a 55-inch LCD TV, $500 in HD Supply Facilities Maintenance catalog purchases, and an Apple 64GB iPad.

Spectators at the event can also enter for a chance to win a $500 cash prize. For more information about the event, visit www.naahq.org/maintenancemania.

NJAA is strongly opposed to this legislation, which would remove all senior housing from a statewide housing policy program designed to encourage the construction of new affordable rental housing units. This bill would make New Jersey the only state in the nation to impose rent control on newly constructed rental housing and would have a severe chilling effect on the construction of new senior rental housing.

Click here for a copy of NJAA’s testimony in opposition and click here for a copy of A-2737. The bill now moves to Assembly floor.

The Advisory Board was created to prepare students to meet the 21^st century challenges of managing residential and commercial investment real estate assets.  Drexel University is the only school in the United States that provides both residential and commercial property management programs at the undergraduate and graduate levels.

“This board gives industry leaders the opportunity to play a major role in shaping the future of our industry,” said Mr. Haydinger.  “We look forward to working with students to help them prepare for the ever-changing landscape of property management.”

“The Property Management Advisory Board gathers some of the most accomplished industry professionals in the region,” said William F. Lynch, dean of Goodwin College of Professional Studies. “Their input will be instrumental to the continuing development and success of the Property Management program.”

Mr. Haydinger lives in Haddon Heights, NJ with his wife and three children.

The NJAA's testimony presented by Nicholas Kikis, Director of Regulatory Affairs & Research, focused on the Association's recent success in securing approval for sub-metering technology in newly constructed multi-family rental buildings, and to reiterate that more needs to be done on the issue - especially authorization for retrofitting water, electricity, and gas sub-metering. The NJ Board of Public Utility's (BPU) approval of an NJAA petition in August 2011 permitting sub-metering of water in new rental construction was the first time the BPU had approved any type of sub-metering in market-rate rental housing, yet the issue of retro-fits remains unfinished.

In addition to sub-metering, Mr Kikis thanked the Commission for its strong support on two other NJAA policy priorities - including the need to streamline NJ's antiquated boiler inspection and log-book regulations, and the Commission's support for eliminating duplicative municipal inspection and registration ordinances.

For a copy of the NJAA's submission, click here.

This year’s conference features two keynote speakers, one on each day of the conference (Tues. & Wed.):

• Public speaker, advisor, author and entertainer Garrison Wynn will present Tuesday’s keynote. Wynn has a background in manufacturing, entertainment, telecommunications, and financial services.  At age, 27 he became the world’s youngest department head in a Fortune 500 company’s history, and as a teen he worked with Magnavox and baseball legend Hank Aaron to promote the world’s first video gaming system.  Wynn’s clients include Boys and Girls Clubs of America, Mercedes Benz and Lockheed Martin.
• Magician, mentalist and comedian Jon Stetson will present Wednesday’s keynote. Stetson creates an entertaining and educational act that will certainly kick the conference off on the right note.  He has more than 25 years of public speaking experience with groups of five to 5,000 and has worked with companies including American Express, Hasbro, Target, Smith Barney and Apple Computers.

Brent Kohere, President of NJAA, commented on this year’s Conference and Expo, “For more than twenty years, our conference has provided the multi-family industry opportunities to learn and grow.  This year’s conference is no different but we’ve infused the learning opportunities with a few laughs thanks to our keynote speakers, Garrison Wynn and Jon Stetson who will help our members become more successful in their jobs while having a good time.”

In addition to the keynote address, the Conference and Expo offers educational sessions for industry members including property owners and managers, leasing agents and maintenance staff with an extensive list of 19 multi-family industry related learning opportunities. Attendees are also invited to explore this year’s exhibits, attend the “After Hours Party” on Tues., May 22^th at the nightclub Mixx at The Borgata, and enjoy networking meals on Tues., May 22^nd and Wed., May 23^th. 

Exhibitors are encouraged to reserve their space now-more than 85 percent of the exhibit floor is already sold.

The NJAA Annual Conference and Expo is attended by owner members and their staffs who own and manage more than 160,000 apartments.  Each year, exhibitors present the latest technology, products and services, providing a means of generating new revenue and reducing costs.

Top-seeded, Dave Berryman of Bloomingdale, NJ continued his streak by winning the competition for the fourth year in a row, earning one of the top three spots in six of the nine competitions that included the dual flush retrofit, fire alarm installation and a crowd favorite—the race car competition in which all participants create a miniature race car out of maintenance materials. Fellow maintenance technicians at The Kamson Corporation Steve Guzman and Bryan Brennan came in second and third place respectively.

Mr. Berryman, along with Steve Guzman and Bryan Brennan will have the chance to represent New Jersey and the Northeast Region at the National Maintenance Mania competition, held during the National Apartment Association’s (NAA) 2012 Education Conference in Boston this June.  All three men work at properties owned by The Kamson Corporation of Englewood Cliffs, NJ.

“While Maintenance Mania is a fun event, the competitors take it, and their jobs, very seriously,” says Jean Maddalon, executive director for the NJAA. “We’re very proud of the work that all our maintenance professionals perform on a daily basis to keep our resident’s homes safe and comfortable.”

The national competition includes skill-based games built around common maintenance activities including: Dual Flush Retrofit, Appliance Repair, Fire & Carbon Monoxide Safety Installation, Key Control Deadbolt Test, Faucet Repair, Ceiling Fan Installation, Lamp & Ballast Retrofit, and a Race Car Competition on a pinewood derby style track where the cars are made out of maintenance supplies.

Maintenance Mania was featured on CBS news! Click here for the clip along with the complete list of winners.

Mr. Smith, who is a partner at Kriegman and Smith, Inc., succeeds Tom Kretsch of Segal and Segal who also became the president for the NJAA’s charitable fund following his term as NJAA president.

“Mr. Smith’s industry knowledge, intelligence and dedication are assets that helped us grow NJAA membership and attendance at events,” said Jean Maddalon, executive director for the NJAA. “We look forward to his contributions to the Charitable Fund which will surely be just as significant.”

The NJAA Charitable Fund was created to provide members with an outlet to give back to their communities through activities including the annual holiday party in December in which members host more than 1,000 children, as well as toy drives to provide gifts to the less fortunate. The fund also has a college scholarship program open to employees and their families as well as residents.

Mr. Smith lives in Madison, NJ with his wife Kate and their four children.

The report includes this recommendation as part of a number of steps New Jersey should take to reduce government overlap. The report reads:
 

There is an overlap of jurisdiction under New Jersey law concerning the maintenance requirements for and inspection of hotels and multiple dwellings. While State law provides municipalities with the ability to adopt local ordinances establishing minimum maintenance standards that are applicable to all types of buildings, statutes enacted subsequently to that law place the responsibility to enforce building maintenance standards in hotels and multiple dwellings with the State, specifically the Bureau of Housing Inspection, Division of Codes and Standards, in DCA. Moreover, there is also a duplication of laws permitting or requiring landlord registration, which creates confusion and permits additional fees to be charged to landlords for the same process. This confusing array of laws requires correction, so that the State's requirements for landlord registration, and maintenance and use standards and inspection of multiple dwellings are clear and not duplicated at the local level.

Click here for a copy of the Red Tape Review Commission's complete report.

“The inclusion of the key NJAA policy priority to eliminate duplicative municipal registration and inspection of rental housing is a major success for NJAA's on-going efforts to keep this issue at the top of the agenda at the State House,” said Jean Maddalon, executive director for the NJAA.  “The Association looks forward to continuing to work with the Red Tape Review Commission, as well as the entire Christie-Guadagno administration, to advance commonsense reforms to New Jersey's historically complex and dense regulatory environment.”

The NJAA has been working with the Red Tape Review Commission since its inception in 2010 to educate them on a number of NJAA priorities, including the need to reform the state's policies on sub-metering of utilities in rental housing, as well as needed reforms to modernize NJ's antiquated boiler inspection requirements.

 “The NJAA Charitable Fund Scholarship money helped my son, Nicholas, study Music Business at one of the top schools in the industry," said Sue D’Angiolillo, NJAA member since 1997 whose son was a 2004 scholarship recipient. “With NJAA’s help, we were able to see him graduate college and land his dream job.”

“Education is a key mission of the New Jersey Apartment Association,” said Jean Maddalon, executive director of the NJAA. “We are thrilled to take it a step farther by offering scholarships to our members and residents, and helping them to fulfill their dreams of higher education.”

2012 is the eighth year that the NJAA Charitable Fund has been awarding scholarships to the NJAA community.  To date they have granted $37.5K to support the educational goals of 24 individuals.

All applications received by February 20, 2012 will be considered and grants will be awarded for the 2012-13 academic year.  Click here to view the application and guidelines.  Scholarship recipients will be evaluated by Scholarship Management Services, a third-party company not affiliated with the NJAA or the NJAA Charitable Fund.

For more information about the NJAA Charitable Fund please visit njaa.com/charitable-fund.

The NJAA also honored Don Legow, long-standing member and past-president of the Association, for his work with the New Jersey Law Revision Commission to revise the archaic, and sometimes contradictory, Landlord-Tenant Title into a framework for a consistent and approachable law that is favorable to apartment owners and residents.

Mr. Kohere has been a member of the NJAA since 1995 and has been a board member for many of those years, playing an active role in advocating for legislative issues important to the NJAA.

“I am honored to serve as president of this prestigious organization,” said Mr. Kohere. “As a member of NJAA’s board, I learned a lot about the organization’s advocacy efforts and look forward to continuing to work on initiatives to pass legislation that will benefit our members and residents.” 

Mr. Kohere also hopes to encourage members to raise their level of commitment to the NJAA.  “I was brought into the organization by a colleague, Peter Weidhorn, when I worked at WNY Group, Inc. and really appreciated what being involved did for my personal and professional growth.  I hope members will recruit new members from their organizations, like Peter did for me, and that they will take advantage of the NJAA’s educational classes that provide industry information and promote career growth.”

Mr. Kohere has lived in Fair Haven, NJ for 22 years with his wife, and has three grown sons.

The bills, S-2771/A-3895, sought to transfer jurisdiction over facades from the NJ Department of Community Affairs (DCA) that was established more than 45 years ago under the Hotel & Multiple Dwelling Act, to individual, local enforcement entities. In New Jersey, this could have meant 566 different local enforcement practices - which would have resulted in chaos for professional multi-family operators - and their residents.

"On behalf of the NJAA, our members and the thousands of working families throughout New Jersey who have chosen to call rental housing their ‘home’ , thank you, Governor Christie, for vetoing this unnecessary and duplicative legislation," said Conor Fennessy, vice president of government affairs for the NJAA. "This bill was an unnecessary solution to a nonexistent problem — we are thankful that the Governor understood the heart of the matter and sent this bill packing."

The NJAA, along with most major real estate groups, opposed this ill-advised initiative every step of the way - in Assembly Housing & Local Government on May 5 and June 13, 2011, as well as the Assembly Floor on Dec 15, and in the Senate Community & Urban Affairs Committee on May 12, and the Senate Floor on Sept 26, 2011, and on January 9, 2012.

For more information on NJAA advocacy issues, events, or how to become a member, call 732-992-0600.

Approval of the NJAA’s petition on sub-metering in August 2011 was one of the first energy policy recommendations from the Lt. Governor’s bi-partisan Red Tape Review Commission Report to be enacted, making New Jersey the 50^th state to allow renter households to pay only for their own usage of utilities, rather than all of the households in a building absorbing the entire burden regardless of consumption.

Studies by the US Environmental Protection Agency (EPA) in other states indicate that sub-metering laws should result in a 15 percent reduction in water usage, making it a proven and reliable conservation technology.

“Former President Solomon was instrumental in guiding our petition through the Board review and approval process, making sure that the Lt. Governor’s Red Tape Report recommendation on sub-metering became a reality,” said Jean Maddalon, Executive Director for the NJAA. “His efforts resulted in a win for property owners, builders, renters and the environment.”

The NJAA, which consists of the larger, professional owners, managers, builders and developers of private capital/market rate units as well as government-subsidized/affordable multi-family rental housing, is dedicated to provide safe, clean and affordable rental housing to more than one million families throughout the state.

More than 1,000 children from underserved communities across New Jersey enjoyed dancing, face painting, balloon art and a visit with Santa Claus. 

Gifts collected from toy drives at many of the more than 600 NJAA member companies were distributed, and more than 400 volunteers from member companies and area high schools helped to ensure that every child had a great time, and a gift they might not otherwise receive this year.

“It warms our hearts every year to see so many happy faces at the party,” said Jean Maddalon, executive director for the NJAA. “We start planning this party in March and look forward to it all year.”

Hartz Mountain Industries of Secaucus generously donated the space, lighting and catering.  Additional sponsors included Sysco, Hatfield, Pepsi, Acadia Windows & Doors, Fieldstone Properties, The Kamson Corporation, Kriegman & Smith, P. Cooper Roofing, Multi-Housing Depot by ARI and Coinmach Corporation.

The Advisory Board was created to prepare students to meet the 21^st century challenges of managing residential and commercial investment real estate assets.  Drexel University is the only school in the United States that provides both residential and commercial property management programs at the undergraduate and graduate levels.

“By creating this board, industry leaders are playing a major role in shaping the future of our industry,” said Mr. Smith.  “We look forward to working with students to help them prepare for the ever-changing landscape of property management.”

“The Property Management Advisory Board gathers some of the most accomplished industry professionals in the region,” said William F. Lynch, dean of Goodwin College of Professional Studies. “Their input will be instrumental to the continuing development and success of the Property Management program.”

The groups co-hosted their first event, educating over 125 property owners and managers on strategies to work with residents to prevent hoarding problems at multi-family properties.

The expert panel included Deborah M. Gershen Gennello, CPM of The Gershen Group, who discussed practical ways for apartment owners to deal with tenants who are hoarding, Bruce E. Gudin, Esq. of Levy, Ehrlich, Petriello, who talked about the legal rights of apartment owners, and Mary Anne Ross and Steven Majewski of UMDNJ University Behavioral Healthcare’s Comprehensive Services on Aging (COPSA) program who defined hoarding and explained some of the signs and symptoms of its underlying causes.

According to Ross, “Hoarding is a symptom of another disorder such as OCD, dementia or alcoholism.”  Majewski added that in order for a tenant to overcome hoarding, they need a strong support system that includes family members and social workers and can include property owners.

Gennello provided some helpful tips on how to decide between eviction and intervention such as working with a family member or social worker to help the tenant realize that their ‘collection’ has a negative effect on everyone in the building including the tenant in question.

Many in the room were resigned to the belief that the laws ignored the safety of the community and left property managers few options to make a hoarder clean up. Gudin reviewed several regulations that create a shared responsibility between owners and residents to maintain a safe community, which are breached when serious hoarding raises fire safety, sanitation, or infestation concerns.  

“This seminar was both an eye opener and a means to create dialog for property owners,” said Jeff Smith, President of the NJAA.  “We are glad we could provide valuable and practical advice on creating a healthy environment for all residents at apartment communities.”

Gov. Christie announced Richard Constable, Deputy Commissioner of the Dept. of Labor & Workforce Development, has been nominated to succeed Grifa at DCA.

Click here for a copy of the Governor’s press release.

Constable, a resident of Orange, will succeed Grifa, a Montclair resident.  Constable’s appointment requires Senate confirmation, and the timing of today’s announcement will allow the Governor to submit the nomination in time for Legislative consideration in the current Lame Duck session.

The NJAA will miss Commissioner Grifa, who’s accessibility, plain-spoken demeanor, and ability to cut the heart of complex policy matters was always appreciated. She was our keynote speaker at NJAA’s Annual Meeting in January 2011 and also delivered a letter of congratulations from the Governor marking the NJAA’s 25th anniversary.

We look forward to building a relationship with Commissioner-designate Constable, as he prepares to lead the department with primary policy and regulatory authority governing multi-family housing in New Jersey.

Celebrating the achievements of apartment industry leaders across the state, more than 550 association members, management companies and property staff gathered at this year’s Awards and Recognition Dinner, surpassing the attendance record for both 2009 and 2010. This year’s nominations were open in fifty-nine categories to all NJAA members including individuals and properties that showcased industry excellence. Individuals who received industry certification through education sessions at NJAA also received recognition at the event.

Through the Garden State Awards program, NJAA has been recognizing the best apartment professionals throughout New Jersey since 1994. At this year’s ceremony, Value Companies, Inc. claimed the title of Management Company of the Year (Market Rate), one of the most coveted industry awards. The first ever Awards program did not recognize Management Company of the Year, but rather Community of the Year which was awarded to a Value Companies community, Gateways at Randolph. CIS Management Inc was presented with a win for the category of Management Company of the Year (Affordable), another highly regarded recognition. This is the third time CIS has been named Management Company of the year in the 18 year history of the Garden State Awards.

“Each year we anticipate the Garden State Awards ceremony and the opportunity to recognize nominees and award the finalists who work diligently all year to address the needs of their communities,” commented NJAA Executive Director Jean Maddalon. “While there can only be one best-at-anything, the sheer number of nominations said it all - in the eyes of our members, their colleagues, and their residents every nominee is a winner. The New Jersey Apartment Association is honored to celebrate the contributions of these individuals and the well run properties at which they work.”   

The Awards Ceremony also included the screening of NJAA’s 25^th Anniversary film, celebrating its history and works.  To view the film, click here.

Congratulations to the 2011 Garden State Award Winners

Management Company of the Year

Management Company of the Year (Affordable): CIS Management Inc

Management Company of the Year (Market Rate): Value Companies, Inc.

Property Staff Awards

Regional Manager of the Year: Erik Sabotka, Morgan Properties

Property Manager of the Year (North): Barbara Sullivan, Avalon Lyndhurst & Rutherford Station, AvalonBay Communities

Property Manager of the Year (Central): Melissa Sheil, Arbors at Franklin Township, Fieldstone Properties, LLC

Property Manager of the Year (South): Teri Peek-Roberts, Roberts Mill Apartments & Townhomes, Morgan Properties

Property Manager of the Year (Affordable): Judy Kohlmyer, Stanfill Towers, PRD Management, Inc.

Leasing Agent of the Year - 200 Units & Under (North): Jodi Credle, Mount Arlington Gardens, Morgan Properties

Leasing Agent of the Year - Over 200 Units (North): Melissa Lefort, Monaco, Roseland Property Company

Leasing Agent of the Year (Central): Cassandra Lazazzaro, Barrington Gardens, Home Properties

Leasing Agent of the Year (South): Wendy Walsh, NALP, The Village at Voorhees, First Montgomery Group, AMO ®

Leasing Agent of the Year (Multiple Properties): Betsy Trible, Foxhall Apartments, Value Companies, Inc.

Activities Coordinator Resident Relations, Customer Service Manager of the Year: Sherry Elsasser, Nora Gardens, PRD Mgmt, Inc.

Resident Maintenance Manager of the Year: Terry Birchenough, Highgate Apartments, Kriegman & Smith, Inc.

Maintenance Supervisor of the Year - 200 Units & Under (North): Agron Sylaj, Worthington House, Goldberg Realty Associates

Maintenance Supervisor of the Year - Over 200 Units (North): Ricky Young, Gateways at Randolph, Value Companies, Inc.

Maintenance Supervisor of the Year (Central): Jarek Halajko, Crestview Apartments, Value Companies, Inc.

Maintenance Supervisor of the Year (South): John Sola, Plymouth Place, Pennrose Management

Maintenance Supervisor of the Year (Multiple Properties): Pete Mroz, Value Companies, Inc.

Maintenance Technician of the Year (North): Carlos Agudelo, Avalon Cove, AvalonBay Communities, Inc

Maintenance Technician of the Year (Central): Marty Jones, Avalon Tinton Falls, AvalonBay Communities, Inc.

Maintenance Technician of the Year (South): Pat Devera, The Village at Voorhees, First Montgomery Group, AMO ®

Groundskeeper/Porter of the Year: Mary Rosenberger, Franklin Square Village, PRD Management, Inc.

Corporate Office Staff of the Year: Beverly Nahill, PRD Management, Inc.

Property Office Staff of the Year (North): Christine Frey, Oakwood Village, Morgan Properties

Property Office Staff of the Year (Central): Dawn Esposito, Riverside Towers, Morgan Properties

Property Office Staff of the Year (South): Carole Rowell, Mt. Ephraim Senior Housing, PRD Management, Inc.

Curb Appeal - Garden/Low-Rise Apartments 

Built Before 1960 - 200 Units & Under: Short Hills Village, Morgan Properties

Built Before 1960 - Over 200 Units: Union Mill Run, Fieldstone Properties, LLC

Built Between 1961-1980 (North): Gateways at Randolph, Value Companies, Inc.

Built Between 1961-1980 - Over 200 Units (Central): Avalon Princeton Junction, AvalonBay Communities

Built Between 1961-1980 (Central/South): Burnt Mill Apartments, Morgan Properties

Built Between 1961-1980 - Over 200 Units (South): Lumberton Apartments, Morgan Properties

Built Between 1961-1999 (Affordable): Taunton Run Village, PRD Management, Inc.

Built After 2000: Boulders at Rockaway, Hekemian & Co. Inc.

Built After 2000 (Central) (Affordable): Heritage Village at Manalapan, CIS Management Inc

Built After 2000 (South) (Affordable): Conifer Village at Deptford, Conifer Realty

Curb Appeal - Mid/High-Rise Apartments 

Built Before 1980: The Towers of Windsor Park, Morgan Properties

Built Between 1981-1999 (Affordable): Stanfill Towers, PRD Management, Inc.

Built After 2000: Avalon Rutherford Station, AvalonBay Communities

Built After 2000 (Affordable): Conifer Village at Middletown, Conifer Realty

Best Managed Properties - Garden/Low-Rise Apartments 

Built Before 1960: Union Mill Run, Fieldstone Properties, LLC

Built Between 1961-1980 - 200 Units & Under (North): Foxhall Apartments, Value Companies, Inc. 

Built Between 1961-1980 - Over 200 Units (North): The Village Green, Segal and Segal

Built Between 1961-1980 - 200 Units & Under (North/Central): Sunrise Village, Corsa Management

Built Between 1961-1980 - Over 200 Units (Central): Tanglewood, Morgan Properties

Built Between 1961-1980 - Over 200 Units (South): Jefferson Village, Corsa Management

Built Between 1961-1999 (Affordable): Millstream Apartments, Conifer Realty

Built Between 1981-1999: Hamilton Greene, Scully Company

Built After 2000: The Highlands at Hilltop, Roseland Property Company

Built After 2000 (Affordable): Heritage Village at Elton Corner, CIS Management Inc

Best Managed Properties - Mid/High-Rise Apartments 

Built Before 1980: Pierre, Hekemian & Co.

Built After 1981: Monaco, Roseland Property Company

Built After 1981 (North) (Affordable): Pine Street Urban Renewal, CIS Management Inc

Built After 1981 (South) (Affordable): Conifer Village at Middletown, Conifer Realty

Website & Associate Awards 

Best Associate Sales Representative: Heather Kamasa, Acadia Windows & Doors

Associate Business Partner of the Year: LEW Corporation

Best Property/Corporate Website: Corsa Management – Corporate Website

Best Associate Company Website: Apartment Finder

Jim Hooker, veteran State House commentator and former NJN News anchor, moderated the program, opening the discussion with the day’s biggest news topic, Governor Chris Christie’s announcement that he would not run for president. Governors Florio and DiFrancesco agreed that it was a wise political decision to decline to enter the race this late.  Other topics included effects of the ARC Tunnel cancellation and whether the recent State Legislative Redistricting process provided an advantage to Republicans or Democrats for next month’s General Election.  The former Governors agreed on most matters, diverging only on the impact of Christie Administration debt reduction, with Governor DiFrancesco applauding the $3 billion in recent savings and Governor Florio concerned that there was still a $125 billion problem to solve, albeit over 40 years. 

“NJAA is the recognized voice of multi-family rental housing and our active presence at the State House helps to ensure that the interests of professional rental housing providers – and our residents – are always represented,” commented Jean Maddalon, Executive Director of the New Jersey Apartment Association. “It is our mission to increase NJAA’s role as the advocate for multi-family owners, managers, builders and developers  and to educate opinion leaders and policy makers on the issues affecting viability, affordability and sustainability of rental  housing in our state.” 

NJAA’s Host Committee for this year’s PAC Reception includes Michael Barry – Applied Property Company, William Dailey – CIS Management Inc., Jonathan Gershen – The Gershen Group, LLC, Michael Goldberg – Goldberg Realty Associates, Michael Haydinger – First Montgomery Group, Tom Kretsch – Segal & Segal, Jeff Kurtz – The Kamson Corporation, David Legow – Legow Management Company, and Jeff Smith – Kriegman & Smith, Inc. 

This year’s selected finalists for the premier Management Company of the Year (Market Rate) include:

• AvalonBay Communities, in the business of developing and redeveloping, and acquiring high-quality apartment communities throughout the country including the Northeast, Mid-Atlantic, Midwest, and Pacific Northwest, and California regions;
• Roseland Property Company, a real estate development and management company with properties located in some of the most desirable locations in the Northeast, including New Jersey, New York, Massachusetts and Virginia.
• Value Companies, Inc., specializing in real estate investment, development and management with a portfolio of 3,600 residential apartment units in New Jersey, Pennsylvania, New York, Texas and Florida;

This year’s selected finalists for the premier Management Company of the Year (Affordable) include:

• CIS Management, Inc., headquartered in Lawrenceville, this property development company has a highly acclaimed and versatile portfolio throughout the state.
• Conifer Realty, a real estate development company specializes in high-quality, affordable housing communities with a management portfolio of 15,000 apartment units in New Jersey, New York, Pennsylvania and Maryland.

Morgan Properties and PRD Management, who earned the titles Management Company of the Year Market Rate and Affordable (respectively) in 2010, are therefore ineligible for 2011. They will end their reign as Management Companies of the Year and pass the baton to two of the companies listed above. 

Industry experts are brought in from out of state to professionally inspect and judge all of the nominated individuals and properties. Nominations are open to all NJAA members, showcasing excellence in fifty-one categories.

“The caliber of the 2011 nominees is undeniable and will continue to set a high standard of competition amongst companies and individuals in years to come,” says Jean Maddalon, Executive Director of NJAA. “We are confident that this year’s awards dinner will be one of the biggest industry events this season as we make preparations to recognize all of the men and women whose dedicated efforts have aptly contributed to the advancement of the multi-housing industry in our state.”

Additionally, individuals who have received industry certifications through education sessions held at NJAA will also be recognized.  Attendees will have the opportunity to network with more than five hundred of New Jersey’s leading rental professionals at the Awards & Reception Dinner held at the Hyatt New Brunswick on Thursday, October 20, 2011. The reception will begin at 5:30pm and the awards presentation will follow. Registration for this event is now open online at www.njaa.com.

For a complete list of the 2011 finalists please click here.

To reserve a table or to learn more about event sponsorship opportunities please contact Niambi Ivery by e-mail or (732) 992-0606. 

NJAA’s offices suffered no damage, however, our phone service provider has been impacted by the hurricane and is currently working on repairing their lines. Throughout most of the day on Monday, phone service to NJAA was intermittent and we anticipate this to continue through much of Tuesday. Additionally we will be performing maintenance on our phone servers on Wednesday afternoon and will be temporarily unreachable by phone during that time. Please do not hesitate to contact us via e-mail. Thank you for your patience during this time.

New Jersey becomes the 50th state to allow renter households to pay only for their own usage of utilities, rather than all of the households in a building absorbing the entire burden regardless of consumption.  New Jersey’s new sub-metering provision is limited to water-related usage, which is expected to be reduced by 15% or more in sub-metered buildings, following the experience of other states studied by the US Environmental Protection Agency (EPA).

This approval is the culmination of more than eight years of active engagement by the NJAA with the Board Commissioners and professional staff, and is one of the first energy policy recommendations from the Lt Governor’s bi-partisan Red Tape Review Commission Report to be enacted.  The need to re-visit New Jersey’s restrictive policy on sub-metering in rental housing was listed as a specific policy recommendation in the Lt Governor’s bi-partisan Red Tape Report of April 2010.  NJAA received support from 15 state Legislative leaders as well as Plan Smart NJ, a leading planning and land use organization, who voiced support for the Board’s approval of the petition,

“Approval of sub-metering by the Board of Public Utilities is a win for renters, a win for property owners, and a win for the environment,” said Jean Maddalon, Executive Director of the NJAA. “Education is key to any efforts to conserve our natural resources, and with sub-metering we can help educate residents on their personal water usage habits. Better knowledge of personal usage habits leads to better personal decision making and advances conservation.”

Multi-family property owners in New Jersey have long sought to employ new technologies to advance water conservation and help educate renters on their personal consumption practices. Forty-nine of the fifty U.S. states allow sub-metering, and New Jersey has been the remaining hold-out in approval of this proven and reliable conservation technology.

“Sub-metering offers many benefits and no downside. The successful implementation of sub-metering will lead to significant conservation benefits, including water use reduction of 15%.  Equally important, we hope sub-metering of new buildings will lead to greater understanding and broader use of the benefits of this proven technology as a conservation tool,” says John Cranmer, Esq., partner in the law firm of Archer & Greiner, who crafted NJAA’s petition.

Clear evidence of the benefits of sub-metering was indicated in 2004 study by the EPA uncovering an average water savings of 15% after sub-meters were installed in multi-family rental communities by measuring individual in-unit consumption.  Dartmouth University also conducted a study that same year which identified savings of 20 to 32%. These studies indicate that sub-metering encourages people to conserve when they are fiscally responsible for paying the bill and held accountable for personal usage. Renters and property owners have a vested in conservation of our natural resources and sub-metering is a proven tool to advance greater conservation practices.

“New Jersey is famous for being a state at the cutting edge of environmental protection and preservation of our natural resources yet sub-metering was the exception to this long-stand record of promoting conservation. We are very pleased that New Jersey has joining the other 50 states in allowing sub-metering.,” says Conor Fennessy, Vice President Government Affairs of NJAA. “From the beginning, we have been a strong proponent of a sub-metering policy that is fair and equitable for both renters and property owners.

NJAA represents apartment owners throughout the state and fully supports sub-metering to end the waste of billions of gallons of water each year. 

Along the way the Association has enjoyed numerous accomplishments and expansion, growing to represent the owners of more than 180,000 apartment units and as multi-family’s presence at the State House has grown to represent the diverse interests of multi-family owners, managers, builders and developers. Whether the issues were legislative, legal, regulatory or policy related, the NJAA has engaged across the spectrum and made a real difference for our members on issues like security deposit laws, rent control, solid waste re-imbursements, energy efficiency and utility sub-metering, economic development, Smart Growth and land use decision making, reducing government ‘red tape,’ tax policy, and Fair Housing compliance.

“Twenty-five years is the perfect time for us to capture our history – many of the people who made it happen are still involved with the Association and provided insights and original materials that make for an engaging presentation,” says Jeff Smith, president of NJAA.   “Our first years were certainly modest in comparison to what we have become, but in looking at the progression in the timeline, we can see the vision of our founders in everything we do.”

Mr. Smith’s observes in the timeline “our 25^th Year has not just been about celebrating history, it is about making history.”  2011 has been a year of records and advancement for the NJAA, including for the first time hosting its convention at the Atlantic City Convention Center to accommodate growth.  It won its first Paragon Award from the National Apartment Association for Membership Development and now offers online education tools and training to members and industry professionals throughout New Jersey.  Additionally, it re-launched www.njaa.com this year, increasing interactivity and providing critical information for operators of apartment buildings and the people who support the industry. 

The NJAA has opposed this ill-advised initiative every step of the way - in Assembly Housing & Local Government on May 5 and June 13, as well as in the Senate Community & Urban Affairs Committee on May 12. For a copy of NJAA's Assembly testimony, click here, and Senate testimony, click here. All of the major real estate trade groups are united in opposition: NJAA, as well as NAIOP-NJ, NJ Builders Association, and Community Association's Institute of NJ. NJ Tenants Organization also recently announced their opposition, and on June 15 the Department of Community Affairs announced in a letter to the sponsors that they were opposed as well. Although the sponsors have pledged to seek to address stakeholders concerns before the bills are posted for final passage, with the Legislature in the final three-week drive to the June 30 deadline to have an FY 2012 State Budget signed by the Governor, anything can happen. 

Click here for a copy of A-3895 as amended and approved on June 13.

More than 200 exhibitor companies and 1,300 multifamily industry professionals attended the Conference & Expo, held for the first time at the Atlantic Convention Center to accommodate its fast expanding audience. 

“Education is a cornerstone of the Association,” says NJAA Executive Director Jean Maddalon.  “We strive each and every day to make sure our members are receiving an ample selection of educational offerings and certification courses to enhance their businesses.  As we continue to celebrate our 25^th Anniversary year, we are pleased to offer our members another exceptional source for classes and certifications.”

The new education system will be available 24/7, 365 days of the year, making it easier for members to access these courses on their own time.  There are 48 classes to choose from.  Categories include “Getting the most from Results,” “Leasing and Sales,” “Full Compliance,” “Prevention of Sexual Harassment,” “Risk Management,” “Customer Service,” “Leadership Series,” “Maximize your Work Skills,” and “Hone your Maintenance Skills.” Members can access the system via www.njaa.com.

Over the course of three days at this year’s Conference & Expo, conference attendees listened to Tiki Barber’s keynote presentation “Play is Fundamental: How Recreation Makes Individuals, Families and Communities Stronger,” and chose from nineteen educational sessions to attend, including: Going Green in the Garden State: Water Conservation for the New Jersey Marketplace; Dealing with Difficult People; Stop the Concession Madness! How to Gain Confidence and Top Dollar Leases; Fair Housing – What’s Your Disability IQ?; Leasing: Build and Better the Basics; What Is Curb Appeal and How Do I Get It: Learn the Tricks to Outstanding Curb Appeal and How to See What’s Right In Front of You!; Shop Safety; Management Leadership: What Does It Take to Be A Great Manager and Leader; Navigating the Housing Choice (Section 8) Voucher Program; Best Practices for Section 504 and FHAA Compliance; Healthy Apartment Homes: Indoor Air Quality, Lead, Asbestos, and Tobacco Smoke; Understanding the New Customer – Managing the Pace of Information Today; Hands-On Water Conservation and Green Lighting; How to Prepare for a REAC Inspection. 

In addition to the educational sessions, attendees explored the expo floor and attended various networking events including the “Anniversary Party” which was held at One Atlantic at the Pier at Caesars.

The NJAA Annual Conference and Expo is attended by owner members and their staffs who own and manage more than 180,000 apartments.  Each year, exhibitors present the latest technology, products and services, providing a means of generating new revenue and reducing costs.

NHA is appealing a lower court ruling that would create due process and legal standing for named occupants, and would therefore require that an owner serve all known occupants of an apartment notice of an eviction action (currently an owner must serve only the tenant(s)).  In a joint brief, the NJAA and NAA urged the court to reverse the decision as this creation of rights for occupants without the corresponding duties of tenants is contrary to established principals for contract and property law. 

Click here for a copy of the brief prepared by Chris Hanlon, Esq., Hanlon Niemann, P.C and John McDermott, General Counsel for the NAA. A copy of the trial court decision is available here. Please contact Nicholas Kikis by e-mail or at 732-992-0605 if you have any questions or need further information about this submission.

Many thanks to the National Apartment Association for its participation and support.

Our verbal testimony encouraged the Legislature to: pass A-3835/S-2795, legislation aimed at clarifying state law to restore commonsense, balance, and fairness to the state’s comprehensive registration and inspection system for multiple-dwellings; eliminate redundant and unnecessary state regulations which drive up the cost of housing, including the antiquated boiler inspection and log book regulations; and to streamline New Jersey’s regulatory framework on lead-based paint.

The NJAA appreciates the opportunity to provide our policy recommendations before the Committee. We look forward to continuing our productive relationship;  working in concert with Chairman Green, Vice Chair Jasey and all Committee members on any housing, land use and economic development issues you may be looking to tackle this session.  As the only statewide trade association representing owners, managers, builders and developers of multi-family rental housing, we welcome the Committee’s attention to the issue of housing affordability and offer our assistance and expertise to this important endeavor. 

Click here for a copy of NJAA’s formal written submission.

This year’s NJAA Maintenance Mania Champions lead the country in maintenance skills as Berryman, Berryman and Cintron placed eighth, twelfth and thirteenth respectively out of over 4,000 competitors nationwide. 

“I’d like to congratulate our champions – David, Kevin and Tony - who exemplify what owners and managers are looking for when hiring maintenance crews in the multi-family industry,” says Jean Maddalon, Excutive Director of NJAA.  “We are extremely proud to be sending not one, not two, but THREE of our exceptional maintenance professionals to Las Vegas this summer. Go New Jersey!”

The Maintenance Mania Championship will be held at the National Apartment Association’s Education Conference & Exposition from June 23-25 in Las Vegas.

Maintenance Mania consists of eight maintenance skill based games: Armor Concepts Door Jamb Armor Installation, Fluidmaster Toilet Repair, GE Appliance Repair, Kidde Fire & Carbon Monoxide Safety Installation, Kwikset Key Control Deadbolt Test, Price Pfister Faucet Repair, Seasons Ceiling Fan Installation, and the Philips Race Car Competition. Contestants were required to build a racecar from maintenance products ahead of the event and raced it down a 32' long track for the eighth and final event.  
  
NJAA secured a record attendance for competitors this year with a total of 77 competitors. Please visit www.njaa.com to learn more about Maintenance Mania and the Association.

About Maintenance Mania

Maintenance Mania is a national competition sponsored by the National Apartment Association and its affiliates and presented by HD Supply, a leading distributor of maintenance and renovation products. The top regional maintenance technicians with the best times from the 2010-2011 Season will be selected to compete for the chance to hold the national title of Best Maintenance Technician. The top finalists asked to compete in the Maintenance Mania® National Championships 2011 will receive free airfare, hotel accommodations, and registration to the NAA Educational Conference and Exposition in New Orleans.  In addition to HD Supply, national event sponsors include Fluidmaster, GE, Armor Concepts, Kidde, Kwikset, Price Pfister, Philips, and Seasons.  

About NJAA

Founded in 1986, the New Jersey Apartment Association (NJAA) is a statewide organization of apartment owners, managers, builders, developers and those involved in allied industries. The Association is designed to advance and protect the welfare of the apartment industry in New Jersey. NJAA represents managers and owners of more than 170,000 rental units throughout the state as rental housing is home to over one-third of all New Jersey families. NJAA also serves its membership’s interest on a national level through its affiliation with the National Apartment Association (NAA). For more information about apartment home living in New Jersey along with NJAA events and activities visit www.njaa.com <http://www.njaa.com> .

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The bill clarifies state law to restore common-sense, balance, and fairness to a comprehensive registration/regulation/inspection system that has, for nearly 45 years, served the public well.  It aligns and clarifies various statutes to make the State solely responsible for establishing and enforcing registration, maintenance, use, and inspection standards for rental properties of three (3) or more units and prevents municipalities from imposing additional registration or inspection schemes on properties already inspected by the State.

This initiative is a top policy priority for the NJAA and we appreciate the efforts of Senator Van Drew and Senator Oroho in helping to facilitate the bill's movement during this hectic May - June Budget sprint. 

S-2795's companion, A-3835, is sponsored by Asm Kevin Ryan (D-Essex), Asw Mila Jasey (D-Essex), Vice Chair of the Assembly Housing Committee, and Majority Leader Joe Cryan (D-Union).  The NJAA appreciates the Senate and Assembly sponsor's interest in this important issue, and we look forward to working with the sponsors and stakeholders in moving both initiatives through the legislative process.

Click here for more details about this legislation.

MONROE, NJ – The National Apartment Association (NAA) announced that the New Jersey Apartment Association (NJAA) has won its 2011 PARAGON Award for Membership Development. In 2010, NJAA fostered an increase of ten-thousand-units, totaling 170,148 owner member units and 10,200 municipal member units as well as a 33-vendor company member increase, totaling 357 vendor members.

"This is truly one of the great moments in the history of our association," says Jeff Smith, President of the New Jersey Apartment Association. "We are especially honored to receive the Paragon Award as we celebrate our 25th Anniversary year. In the United States, there are 41 state associations serving the multifamily industry. The fact that we lead the nation in growing membership speaks volumes to the dedication of our staff, and members."

The total number of NJAA member companies grew from 550 to 599 in 2010. NJAA increased Owner/Manager member numbers by 11 for a total of 237; vendor members by 33 for a total of 357; and municipal members by 2 for a total of 5. In addition to a traditional membership outreach approach employing brochures and phone calls, NJAA attributes its success to achievements in legislative and regulatory affairs, education and events, acknowledgment of industry leaders, public relations outreach, and charitable giving.

"A simple phone call will not always result in a new member. However, demonstrating NJAA’s dedication to the industry by being at the forefront of legislation in Trenton, offering certification courses and educational offerings that help companies grow, and by including members in ongoing discussions concerning our organization breed a familial environment that potential members wish to join," says Jean Maddalon, NJAA Executive Director.

The NAA PARAGON Awards recognize excellence and leadership in the rental housing industry. Specifically, they recognize the affiliated apartment associations, builders and industry professionals who make unique contributions to the industry.

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“We expect 2011 to be a strong year for the multifamily industry, as the economy continues along an upward trajectory,” says NJAA Executive Director Jean Maddalon. “As the industry grows, so will our role as the industry’s sole advocate in New Jersey. This website will bolster us in this function, as it will keep all interested parties well informed and up-to-date on news and developments relevant to NJAA and the industry.”
In addition to the graphical platform, which pans images of communities and NJAA events, the website layout is categorized by core topics. Five major tabs direct members to the Membership, Issues and Advocacy, Owner & Manager Resources, Education & Events, and Industry Information pages. Additionally, there is an event calendar, and an option for members to register for events.
As social media has developed into an effective media tool in reaching membership, NJAA has incorporated it into this website. A link to each of the social media channels - Facebook, Linked In, and Twitter – can be found at the bottom of the home page.

The website was developed by digital marketing agency, BCS Interactive (www.bcsinteractive.com). Located in Madison, NJ, BCS worked closely with the NJAA to organize and present content in a way that would be most useful to NJAA members, as well as provide an overall outstanding user experience. For more information about NJAA, please visit our redesigned website at www.njaa.com. NJAA recently announced the educational offerings at their Conference & Expo in Atlantic City. For more information please visit njaaconference.com.

About NJAA
Founded in 1986, the New Jersey Apartment Association (NJAA) is a statewide organization of apartment owners, managers, builders, developers and those involved in allied industries. The Association is designed to advance and protect the welfare of the apartment industry in New Jersey. NJAA represents managers and owners of more than 180,000 rental units throughout the state as rental housing is home to over one-third of all New Jersey families. NJAA also serves its membership’s interest on a national level through its affiliation with the National Apartment Association (NAA). For more information about apartment home living in New Jersey along with NJAA events and activities visit www.njaa.com.

Under the proposed rule the DEP will consider a waiver only after determining that at least one of four situations exists:

• When rules conflict with one another
• When strict compliance creates unduly burdensome situation
• When a waiver creates a net environmental benefit
• When a public emergency exists

The NJ Apartment Association joined with the NJ Business & Industry Association, NJ State Chamber of Commerce, NJ Chemistry Council, NJ Builders Association, NJ Food Council, and NJ Petroleum Council in submitting comments to the DEP. 

Click here for the letter and here for the full DEP proposal.

“Education is one of the pillars of our association,” says NJAA Executive Director Jean Maddalon. “We strive each and every day to make sure our members are receiving an ample selection of educational offerings and certification courses. The Conference & Expo provides us with an opportunity to deliver a concentrated educational component to our members as they enjoy their time with their peers.”

Over the course of three days, conference attendees will choose several educational sessions to attend. Following Tiki Barber’s presentation, “Play is Fundamental: How Recreation Makes Individuals, Families and Communities Strong,” session topics will include green practices, tenant and management relationships, getting top-dollar leases, fair housing, safety, the Section 8 Voucher program, leadership, leasing, curb appeal, Section 504 and FHAA compliance, increasing occupancy, evictions, preparing for MORs, apartment health, managing the pace of information in today’s technological age, and REAC inspections. For a full description of the offerings, please go to njaaconference.com.

In addition to the educational sessions, attendees will have the opportunity to explore the expo floor and attend various networking events including the “Anniversary Party” which will be held at One Atlantic at the Pier at Caesars.

The NJAA Annual Conference and Expo is attended by owner members and their staffs who own and manage more than 180,000 apartments. Each year, exhibitors present the latest technology, products and services, providing a means of generating new revenue and reducing costs.

For more Conference & Expo information or to register, please visit njaaconference.com. Sponsorships are going fast. If you are interested in sponsoring this event, please contact Niambi Ivery by e-mail or call (732) 992-0606.

Download PDF copy of the Tenth Edition Text

1.) Identify storm trajectory and properties in or near:

1. The path of storm
2. In a flood zone
3. In an area prone to flooding
4. In heavily wooded areas

2.) Contact local emergency authorities and determine if evacuation is needed:

1. Locate local shelters or hotels
2. Determine evacuation routes and road closures
3. This information is available at http://www.state.nj.us/njoem/ 

3.) Determine internal resources with staff, maintenance personal, equipment:

1. Are back-up generators functional?
2. Inventory vehicle fleet and ensure that vehicles are filled with gas or charged fully.  Move vehicles to safe area, outside of the flood plain.

4.) Communicate with residents and inform them of local authorities warnings or weather threats:

1. Send Email or Text alerts
2. Post on Community website and social media outlets “Alert” communication

5.) If evacuating property:

1. Notify EMS or the Office of Emergency Management (OEM) of your evacuation.
2. Determine if you need to/can shut off gas or electric.  It is recommended to shut these off if possible if imminent flooding is going to occur.
3. Place signage on clubhouse/office door with contact names and numbers.
4. If an evacuation is ordered, place flyers of the evacuation route and other pertinent information outside your office/clubhouse door for residents and head to safety.
5. Record new message with answering service
   1.                                          i.    IMPORTANT – if you do this, you must update this message regularly – otherwise you could create more confusion. 
   2.                                         ii.    You must state the time and date in the message, so people can determine the timeliness of this information.

6.) Recovery

1. Contact your insurance agent or carrier immediately to report the claim, determine coverage and deductibles
2. If your building has sustained water damage, start the mitigation process immediately
3. Not properly drying your property can increase the likelihood of mold amplification, additional damage and pose a coverage risk
4. Do not pump out basements too fast; doing so has the potential to destabilize your foundation.  As a rule of thumb, wait for the water to recede naturally until there is less than 3 feet or water remaining.
5. During widespread disasters, it could take days or weeks before an insurance adjuster will visit your property.  FEMA encourages property owners to immediately embark on emergency repairs – if you have a question as to what action to take, you should contact your insurance agent or broker for guidance.
6. You should keep all receipts and track staff hours to include with your insurance claim

7.) Document the action that you take during this period.  Have managers or subordinates witness planning and communication. 

For further information see your local states office of emergency management website NJ:   http://www.state.nj.us/njoem/  You will find information and links to other websites regarding evacuation routes, temporary shelters, road conditions and closures, whether alerts and other up-to-date information.

Thank you to RestoreCore for providing these guidelines.