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RECENT UPDATES
THE STATE OF NEW JERSEY has enacted legislation to require a special
certification whenever a deed of real property in an age-restricted
community is presented for recording in a County land records office.
Effective on September 6, 2008, Chapter 71 of the Public Laws of 2008
provides in pertinent part that the purchaser or grantee by operation of
law of a dwelling unit in an age-restricted community shall be required
to certify, prior to the resale or transfer by operation of law of a
dwelling unit within the community, that the dwelling unit will be
occupied by a person of an age that ensures compliance with the “housing
for older persons” exception from the federal “Fair Housing Amendments
Act of 1988,” … 42 U.S.C. §§.3601 et seq….
The purpose of this new law is to produce proof that the buyer or
grantee in the deed being proffered for recording satisfies the
minimum-age requirements set by federal law for the age-restricted
community in question. Otherwise, the vesting of title in an under-age
grantee may violate the federal law against age discrimination in
housing except in age-compliant communities.
The new statute informs us that the “[t]he certification shall be on
such form as may be prescribed by the Commissioner of Community Affairs,
[and that a] copy of the certification shall be provided to the
purchaser for recording,” but the Department of Community Affairs (DCA)
has not yet released the required certification form.
We will advise you when we learn that the DCA has published the
necessary form to accompany future deeds for properties in
age-restricted communities.
Two Rivers Title Company is now offering seminars on the following
subjects:
If you are interested in having us come to your establishment to speak
on any of these issues, please contact Leslie Howard at 732.747.3615
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