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Court OKs Governor’s Executive Order Concerning Security Deposits

by: Anthony F. Della Pelle
21 Jul 2021
A New Jersey appellate court has upheld Governor Phil Murphy’s Executive Order No. 128, which permits residential tenants to use their security deposits to pay rent during the COVID 19 pandemic. The Executive Order, entered in April 2020, was one of many entered since last March in response to the economic and public health crises... Read More

When Will The New Jersey Eviction Moratorium End?

by: Anthony F. Della Pelle
new jersey eviction moratorium
1 Jul 2021
As Covid-19 restrictions begin to be eased in New Jersey, especially with the removal of a mask requirement both indoors and outdoors for vaccinated individuals on May 28, life is slowly returning to a pre-pandemic level. However, one restriction which has remained is the eviction moratorium on residential evictions in New Jersey. Currently, New Jersey... Read More

Eminent Domain in a Nutshell

by: Anthony F. Della Pelle
2 Jun 2021
Eminent domain has two different manifestations.  Most exercises of eminent domain involve takings initiated by government agencies or, in some cases, public utilities such as power or pipeline companies, of privately owned property. This often entails the seizure of land and buildings, as well as the creation of easements and other interests in property. According... Read More

Legislation “Solves” Property Tax Issue For Hospitals

by: Anthony F. Della Pelle
25 Feb 2021
More than five years after a landmark decision by the New Jersey Tax Court that threatened the local property tax exemption enjoyed by non-profit hospitals, the State has finally acted.  Under a bill signed by Governor Murphy this week, those hospitals will retain their tax-exempt status but will make a “community service contribution” toward the... Read More

Impacts of COVID-19 on Real Property Taxes in New Jersey

by: Anthony F. Della Pelle
22 Feb 2021
New Jersey property owners should have recently received notice of their 2021 property tax assessments by early February, and many will consider whether the economic impacts of COVID-19 should cause them to seek property tax relief in 2021 due to a decline in their property values. In New Jersey, retail, hospitality, and office properties have... Read More

Nearly a Year Later, Is COVID-19 Still a Public Health “Emergency”?

by: Anthony F. Della Pelle
15 Feb 2021
It has been nearly a year since the COVID-19 pandemic has brought unprecedented uncertainty and consequences to our families, businesses, and communities.  Government agencies persist with actions to protect the health and safety of the American public. Regardless of whether these actions are necessary or are helping to fight the COVID-19 pandemic, nearly one year... Read More

Tax Court Rejects “Income Approach Valuation” And Cost Estimating Software In Valuing Nursing Home

by: Anthony F. Della Pelle
20 Jan 2021
In an appeal of the 180-bed Eagle Rock Convalescent Center in West Caldwell, the Tax Court again rejected the use of the income valuation approach in valuing nursing homes. Using the Income Valuation Approach The Taxpayer argued for a reduction in its property tax assessment due to more than 50% of its population being Medicaid... Read More

Caveat Emptor: Applies to Tax Sale Certificate Buyers Too!

by: Anthony F. Della Pelle
3 Jan 2021
An “experienced” tax sale certificate investor was recently rebuffed in efforts to seek rescission of tax sale certificates it purchased, and refunds of property taxes it paid on property which turned out to have little value compared to the investor’s anticipated value of the property.  In Garden State Investment v. Brick Township, the investor, which... Read More

Paterson Getting $6MM In Property Taxes From St. Joseph’s Hospital

by: Anthony F. Della Pelle
2 Dec 2020
The City of Paterson recently entered into an agreement with St. Joseph’s Hospital which settled a pending property tax dispute between the parties dating back to 2016. The settlement results from the City’s actions to remove St. Joseph’s historic property tax exemption, and to place the hospital’s properties on the City tax rolls after a... Read More

Tax Court Denies Motion To Compel Discovery Again, And Again.

by: Anthony F. Della Pelle
18 Nov 2020
In a tax appeal involving a newer Quick Check gas station and convenience store, the defendant, Borough of Raritan, moved to compel additional discovery from the plaintiff. The Borough requested statements relating to the business operations at the property.  In support, the Borough argued that the information would assist its appraiser in adjusting comparable properties... Read More