• MREIA

Judge Rules in Favor of City of Orange Property Owners Association

March 2, 2012 | Arthur Unknown | Courtesy of Nick Zampetti, MREIA Secretary


Judge Rules in Favor of City of Orange Property Owners Association: Annual Inspections of Units Unenforceable


Roseland, N.J.—A judge of the New Jersey Superior Court, considering a challenge filed by a property owners group of the City of Orange, ruled that the City’s annual inspection ordinance, which was enacted in December 2010, and required annual inspections of rental properties, was void and unenforceable. The Honorable James Rothschild ruled today in action filed by the City of Orange Property Owners Association, against the City of Orange, that the City was not permitted to inspect multifamily properties on an annual basis since the New Jersey Legislature granted authority to municipalities to inspect properties only when there was a change of their occupancy. Counsel for the successful City of Orange Property Owners Association, Charles X. Gormally, Esq., of Brach Eichler LLC, Roseland, N.J., noted, “the Court’s decision today was a clear and unequivocal rejection of the City of Orange’s attempt to exceed the authority granted by the New Jersey Legislature in a desperate effort to raise revenues for general municipal purposes. By granting our request to enter summary judgment against the municipality, the Court has closed the door on overreaching governmental action against the multi-family industry in the City.” Remaining to be resolved in the case is the property owners’ challenge that the $100 fee charged for inspections is grossly excessive. The previous fee charged by the municipality was historically $35 per inspection and, by virtue of the ordinance; the fee was raised to $100 for each inspection. The Court ordered that the parties engage in expedited discovery to make a determination whether the amount of fee being charged by the City is appropriate.

7 views

Recent Posts

See All

Will the Dodd-Frank go away?

June 2017 | Phyllis Rockower The House of Representatives passed the H.R. 10, the Financial Choice Act, along straight party lines. This is a sweeping overhaul of the Dodd-Frank Wall Street Reform and

IRA Developments

March 2016 | Dyches Boddiford For 2016, the IRA contribution limit remains the same as 2015, $5,500 and $6,500 if you attain age 50 during 2016. IRAs are allowed to invest in master limited partnershi

About Us

MREIA (Metro Real Estate Investors Association) is New Jersey's oldest real estate investors group founded in 1982. Our mission is to aid, train, motivate and share information relating to real estate investing. We are dedicated to helping both beginning AND experienced investors. We serve the New Jersey-New York metropolitan area.

We are a chapter of the National Real Estate Investors Association.

Subscribe

Watch recaps of our meetings, member interviews, and our How To series on our YouTube channel, @mreiateam.

Connect with Us

Email us at team@mreia.com

Call or text us at 908-3mreia3

(908-367-3423)

Join us on Meetup

  • Facebook
  • YouTube
  • Instagram Social Icon

©1982-2019 Metro Real Estate Investors Association, PO Box 296, Oceanport, NJ 07757. Call or text 908-3mreia3 or 908-367-3423 All Rights Reserved.

Code of Ethics |  BylawsDisclaimer | FAQs | Testimonials