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December 27, 2011

By Sharon Harvey, Esquire

In Pennsylvania the Courts have interpreted the terms of the Equal Credit Opportunity Credit Act (“ECOA”) particularly the provisions of Regulation B, have held that a bank may not discriminate against creditors by virtue of their marital status.  Under ECOA, a bank may not have a blanket policy that married individuals must both sign onto loan agreements, particularly where the married individuals do not present themselves as joint applicants.  Generally, where the credit of one individual is sufficient to qualify for the loan approval, a bank may not require the spouse of that individual to sign the loan.  Only where the bank would not have approved the loan, but for the signature of the spouse or another applicant, is the bank permitted to require the additional signature of the spouse.

December 27, 2011

By: Michael S. Mikulski, Esquire

The New Jersey Supreme Court recently decided the case of Luchejko v. City of Hoboken. This case significantly limits the potential liability of condominium associations and property managers for removing snow and ice from public sidewalks.

Brief Summary – there is no sidewalk liability for a condominium complex for failure to remove snow and/or ice as a condominium complex is determined to be residential, and therefore residential immunities apply.