Sandy Victims Resist Plans to Protect Jersey Shore

Assistance Available For Landlords Hit By Sandy

Assistance Available 

For Landlords Hit By Sandy

As part of The New Jersey Stronger initiative, landlords from Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties, who have 25 or fewer rental units are eligible for Community Development Block Grants from the U.S Department of Housing and Urban Development. With the rental shortage in New Jersey, these funds will help Landlords repair their damaged units so they can offer them back to the market for occupancy.  The $70 million Landlord Rental Repair Program,  offers rental property owners up to $50,000 per unit for repairs or disaster prevention work.

Landlords can apply by phone at 1-855-SANDYHM (1-855-726-3846), online at www.renewjerseystronger.org or in person at one of the state’s housing recovery centers.

NFIP - Senate sub-committee votes to Delay insurance rate hikes.

This is important for Jersey Shore Residents who have flood insurance on their homes. On July 16th a Senate Subcommittee voted to delay the increase in flood insurance for homes that are currently in the NFIP. The House and Senate need to work out the details but it is a step in the right direction.

What is the value of a Dune Easement taken by eminent domain?

The New Jersey State Appellate Court reversed a trial courts award of $375,000 to a Harvey Cedars couple on Monday July 8^th2013. This decision will give municipalities affected by Hurricane Sandy a comfort level to pursue homeowners who have not signed easements by taking their property by eminent domain.

            After a slice of land in front of a Harvey Cedars oceanfront home was taken by eminent domain, in order to allow for a dune replenishment project a court awarded the owners $375,000. Harvey Cedars appealed the court’s decision and now that $375,000 award is no more.

            The Courts decision was based on the fact that Harvey Cedars was not provided the opportunity to present a counter argument of value.

Here is an excerpt from the court’s decision.

A formula, as used by the trial court and Appellate Division, that does not permit consideration of the quantifiable benefits of a  public project that increase the value of the remaining property in a partial takings case will lead to a compensation award that does not reflect the owner’s true loss. Compensation in a partial takings case must be “just” to both the landowner and the public.

             In any eminent domain case a homeowner is entitled to the fair market value for their loss.  To calculate a loss in a partial taking, the court says we must look to the difference between the fair market value of the property before and after the partial taking. The value of an easement has a lot of contributing factors and in an eminent domain case the law states, that value must be based on a consideration of all relevant, reasonably calculable, and non-conjectural factors that either decrease or increase the value of the remaining property.

            In determining  the damages of the Karnes’ home the trial court did not permit the jury to consider that the dune would likely spare the Karans’ home from total destruction in certain fierce storms and from other damage in lesser storms.

In reality dune construction protects not only the oceanfront homeowner that agrees to an easement but all of the homes behind it.Dune easements protect all water area homeowners, including the ones that sign them.

Sandy Public Forum For Brick Residents Saturday July 13th, 2013

On Saturday July 13th, 2013 from 9 a.m. to noon The Township of Brick will hold a public forum for residents affected by Hurricane Sandy at Brick Township High School, located at 346 Chambers Bridge Road, Brick, NJ

FEMA officials, land use and community development officials, engineering professionals and long-term recovery specialists will on site to answer questions about new maps, provide mitigation guidance, address rebuilding issues, and assist with other unmet needs.

The Ocean County Health Department is also expected to attend providing mold safety information and Free tetanus shots

The event is free - no registration needed.

The Resettlement Program offers a grant award of $10,000 To Sandy Victims

Watch $10,000 Grants Available for Residents to Stay After Sandy on PBS. See more from NJToday.

Post Sandy FEMA Assessment Inspcetions Are Underway

FEMA officials have begun completing assessments on storm damaged homes in Ocean & Monmouth County. As required by federal law and regulation under the national flood insurance program (NFIP), FEMA contracted with a firm to conduct damage inspections of properties that were damaged by Superstorm Sandy.

Townships must have this assessment done so they can continue eligibility in the National Flood Insurance Program.

Without this, residents would not be able to get new mortgages that require flood insurance, leaving many residents unable to sell their home to any buyer who needs a mortgage. Also, existing mortgages which require an owner to maintain flood insurance would be declared in default .

FEMA inspectors should have proper ID and will have a letter from the Township engineer.  If FEMA is not able to assess the damage of an individual home, they will have no choice but to assume the worst. If you have concerns and questions about the inspection and assessment process, please call your Township engineer.

Get A Permit Or FEMA could declare your Flood Insurance Void

Make sure you get a permit when your planning to rebuild a storm damaged home. Here is a helpful guide  from the DCA, what you need to a permit for and what you don't.  According to a FEMA news release (1603-096),  The National Flood Insurance Program requires home owners to obtain the proper permits when they are re-building. Townships do not have an option to wave this requirement for any home located in the 100 Year Flood Plain.