Howard D. Geneslaw

Howard D. Geneslaw's practice is concentrated in development, redevelopment, zoning, land use planning and related permitting issues. He has represented clients on land development and variance applications before planning and zoning boards throughout New Jersey and in lower New York in connection with restaurant, retail, hospital, industrial and warehouse projects. He has developed application strategies, coordinated the presentation of expert testimony, served as board attorney, and researched and briefed a wide range of zoning, planning and municipal law issues. He has counseled clients on zone changes, wetlands, highway access, sewer/water connection and other permitting issues, as well as municipal law and redevelopment issues. He has also defended zoning violations in municipal court, and has been involved in all aspects of zoning and land use litigation matters, from complaints and answers to legal research, drafting of motion papers and briefs, and presentation of oral argument.

In addition, Mr. Geneslaw has conducted extensive land use/permitting due diligence investigations precedent to multiple-site property acquisitions involving warehouse, shopping center, office, hotel and electricity generation facilities to determine the validity and effect of development approvals, as well as the feasibility of future expansion. He has drafted deeds, easements, developer agreements, cost sharing and access agreements, and has researched and advised clients in connection with lease compliance and issues relating to lease assignment, as well as represented clients in landlord-tenant litigation. Finally, Mr. Geneslaw has mediated various disputes as a court-appointed mediator. Prior to becoming an attorney, Mr. Geneslaw was a planning consultant to municipal planning boards. He is a licensed Professional Planner in New Jersey.

Columbia Law School (J.D., 1994)
Winner of the James A. Coon Memorial Writing Competition,
Municipal Law Section, New York State Bar Association

Washington University (B.A., cum laude, 1989)
Rutgers University (M.C.R.P., 1995)

Commonwealth of Pennsylvania 2004

State of Connecticut 1996

State of New York 1995

State of New Jersey 1994

United States District Court for the District of Connecticut 2004

United States District Court for the District of New Jersey 1994

United States District Court for the Southern District of New York 2010

United States Supreme Court 2005

Licensed Professional Planner, New Jersey 1996

American Institute of Certified Planners (AICP) 1996

Member, District Ethics Committee V-B (Essex County, New Jersey), 2008-2011

Director, Land Use Section, New Jersey State Bar Association, 2009-2012

Member, American Bar Association

Member, New Jersey State Bar Association

Member, New York State Bar Association

Member, Connecticut Bar Association

Member, American Planning Association

Member, New Jersey Planning Officials

Member, Rockland Municipal Planning Federation

Member, New York Planning Federation

Member, International Council of Shopping Centers

"Development Regulations in New Jersey to be Locked in Upon Filing of Application: Time of Decision Rule Abolished," RPE Law Alert, June 29, 2010

"Bill on Affordable Housing Approved by NJ Senate, Heads to Assembly," RPE Law Alert, June 28, 2010 (Howard D. Geneslaw, Susanne Peticolas)

"200 Feet is Not Enough," New Jersey Law Journal, October 19, 2009

"Paying for Open Space," New Jersey Law Journal, January 26, 2009 (Howard D. Geneslaw, Jennifer P. Smith)

"When an Ordinance Amendment Threatens Project," Mid Atlantic Real Estate Journal, November 21-December 18, 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"Owner’s lack of right to appeal land use application denials," New York Real Estate Journal, November 18, 2008

"Navigating the Affordable Housing Fee," Real Estate New Jersey, November 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"New Jersey appellate court rules on 'use variances'," Mid Atlantic Real Estate Journal, October 17 - November 20, 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Eminent Domain Update," Real Estate New Jersey, June 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Critical info SEQRA negative declarations should contain," New York Real Estate Journal, April 29, 2008 (Howard D. Geneslaw, Jennifer M. Porter)

"Appellate Court Broadens Property Owners' Right to Challenge Redevelopment Designations in New Jersey," In-Sites, March 19, 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Defining, Regulating and Understanding Accessory Uses," New York Real Estate Journal, February 19, 2008 and MidAtlantic Real Estate Journal, February 22, 2008 (Howard D. Geneslaw, Jennifer M. Porter)

"Appellate Division Ruling Addresses Two Significant Issues," New York Real Estate Journal, December 25, 2007 (Howard D. Geneslaw, Michael Miceli)

"Protecting nonconforming uses from abandonment, etc.," New York Real Estate Journal, November 20-26, 2007

"The New Rules of Redevelopment," New Jersey Law Journal, October 19, 2007 (Howard D. Geneslaw, Shepard A. Federgreen)

"Filing of a Land Use Decision with the Municipal Clerk's Office Beyond the 5-day Timeframe is a Loss for the Applicant and a Win for a Potential Challenger," New York Real Estate Journal, October 16, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"Timing is not the only issue of concern for challenges to the issuances of a certificate of occupancy," New York Real Estate Journal, September 18, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"Notice not required prior to issuing ordinance violation," NJPA Real Estate Journal, August 24 - September 13, 2007

"Can a municipality restrict a business' hours of operation in New York State?, Part III," New York Real Estate Journal, August 21, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Can a municipality restrict a business' hours of operation in New York State?, Part II," New York Real Estate Journal, July 17, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Real Estate Contracts: Land Use Clauses," Northeast Real Estate Business, July 2007 (Shepard A. Federgreen, Howard D. Geneslaw, Jason R. Tuvel)

"New Jersey awards rare default approval," NJPA Real Estate Journal, June 22 - July 12, 2007

"Can a municipality restrict a business' hours of operation in New York State?," New York Real Estate Journal, June 19 - 25, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"New Jersey Supreme Court Holds Redevelopment Designation Cannot Be Based Solely On Not Fully Productive Use of Property ," In-Sites Special, June 18, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Is a 'redevelopment' designation forever?," New Jersey Lawyer, June 12, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"The Pitfalls of Incorporating Compliance with Consultant Comments as a Condition of Approval," NJPA Real Estate Journal, May 25 - June 7, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"The Pitfalls of Incorporating Compliance with Consultant Comments as a Condition of Approval," New York Real Estate Journal, May 15, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"New Law Taxes Parking Fees," NJPA Real Estate Journal, April 27 - May 10, 2007

"Fast-tracking Owner Consent To Land Use Applications," In-Sites, April 18, 2007

"New Law Requires Notice Of Hearing To Adjacent Municipality," In-Sites, April 18, 2007

"New Law Taxes Parking Fees," In-Sites, April 18, 2007

"New Law Requires Notice of Hearing to Adjacent Municipality," New York Real Estate Journal, April 17 - 23, 2007

"Beware of permitting requirements upon a change in occupancy," NJPA Real Estate Journal, December 22, 2006

"NJ Court Decision Narrows "Particular Suitability" as Ground to Support Use Variance," NJPA Real Estate Journal, November 24, 2006

"Court of Appeals tackles appeal periods and protests involving zone changes," New York Real Estate Journal, November 21, 2006

"Dealing with Kelo: New Jersey legislature considers redevelopment reforms," NJPA Real Estate Journal, October 27, 2006 (Howard D. Geneslaw, Susanne Peticolas)

"2006 Amendments to The Freedom of Information Law," New York Real Estate Journal, September 19, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Easements and Zoning Compliance," Northeast Real Estate Business, September 2006 (Howard D. Geneslaw, Michael Miceli)

"Board's Consultants Need Not Always Be Under Oath," NJPA Real Estate Journal, August 25, 2006

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 4)," New York Real Estate Journal, August 15, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Redevelopment: Exception allowing the record to be supplemented in an action in lieu of prerogative writ," NJPA Real Estate Journal, July 28, 2006 (Howard D. Geneslaw, Jason R. Tuvel, Nancy A. Lottinville)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 3)," New York Real Estate Journal, July 18, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"NJ Court Suspends Zoning and Orders Remedies Aimed at Creating Opportunity," NJ/PA Real Estate Journal, June 23 , 2006 (Howard D. Geneslaw, Jason R. Tuvel, Michael V. Elward)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 2)," New York Real Estate Journal, June 20, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 1)," New York Real Estate Journal, May 23, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Deviations from Sign Limitations: Dimensional Variance or Use Variance," NJ/PA Real Estate Journal, April 28, 2006

"Deviations from Sign Limitations: Dimensional Variance or Use Variance," New York Real Estate Journal, April 18, 2006

"Religious Land and Institutionalized Persons Act -- A substantial burden?," New Jersey Lawyer, April 3, 2006 (Howard D. Geneslaw, Michael Miceli)

"Tenants also have power of consent," The National Law Journal, In Focus, Real Estate, March 27, 2006 (Howard D. Geneslaw, Jason R. Tuvel)

"Post Kelo Cases Suggest Heightened Judicial Scrutiny of Procedural Due Process Aspects of Municipal Redevelopment Plans," NJ/PA Real Estate Journal, February 24, 2006

"Zoning Variance vs. Zoning Amendment: How to Decide," NJPA Real Estate Journal, January 13, 2006

"The Supreme Court's Kelo Decision: How Will 'Eminent Domain' Impact NJ?," Commerce Magazine, November 1, 2005

"Beware of Permitting Requirements Upon a Change in Occupancy," New York Real Estate Journal, October 18, 2005

"Be Sensitive to Local Practice in Order to Avoid Unnecessary Delay in Obtaining Development Approvals," NJ/PA Real Estate Journal, September 23, 2005

"Kelo vs. the City of New London Statement," NJ/PA Real Estate Journal, September 9, 2005

"Look Before You Buy - Due Diligence: check title, zoning, permits, environment," NJ/PA Real Estate Journal, August 26, 2005 (Howard D. Geneslaw, Susanne Peticolas)

"Taking a Closer Look at the Controversial Kelo Case," Real Estate Weekly, July 13, 2005

"Supreme Court Upholds Use of Eminent Domain for Economic Development," June 24, 2005

"Fast-Tracking Owner Consent to Land Use Applications," NJ/PA Real Estate Journal, June 24, 2005

"Approvals restricting operating hours become increasingly common," NJ/PA Real Estate Journal, May 27, 2005

"When Do Efforts to Collect Overdue Rent Constitute Debt Collection?," NJ/PA Real Estate Journal, May 13, 2005

"When Are Approvals "Final" and "Unappealable"?," NJ/PA Real Estate Journal, March 25, 2005

"You Can't Take That Away From Me -- Limits on the Right of Redevelopment," New Jersey Lawyer, March 21, 2005 (Paul M. Hauge, Howard D. Geneslaw)

"Recording Development Approvals," New Jersey Law Journal, March 7, 2005

"Court Reprimands Council Members for Not Paying Attention at Zoning Hearings," NJ/PA Real Estate Journal, February 25, 2005

"U.S. Supreme Court to Decide Whether Redevelopment for Economic Revitalization Justifies Condemnation of Property," In-Sites, February 22, 2005

"Court Reprimands Council Members for Not Paying Attention at Zoning Hearings," New York Real Estate Journal, February 15, 2005

"You Can't Take That: Judge Blocks Township's Bid To Declare Property As 'Area In Need Of Redevelopment' To Make Way For New Pharmacy," In-Sites, January 27, 2005 (Howard D. Geneslaw, Paul M. Hauge)

"Legal Ruling May Prevent Development of Undersized Lots," Real Estate Finance & Investment, January 24, 2005

"Does Redevelopment for Economic Revitalization Justify Condemnation of Property?," Real Estate Journal, January 18, 2005

"Zoning Due Diligence in New Jersey," New York Law Journal, November 29, 2004

"Conditional Use Applicants Beware: No Standards = No Jurisdiction," NJ/PA Real Estate Journal, November 26, 2004

"An Attorney Questions: What Makes a Successful Retail Project?," New York Real Estate Journal, November 23, 2004

"New York's Top Court Upholds Deviations from Special Use Permit Standards," New York Real Estate Journal, October 19, 2004

"Conditional Use Applicants Beware: No Standards = No Jurisdiction," In-Sites, October 15, 2004

"New York's Top Court Upholds Deviations from Special Use Permit Standards," In-Sites, October 15, 2004

"Know What Your Client is Buying," New Jersey Law Journal, September 27, 2004

"Negative County Recommendations Can Result in Denial of Project, Despite Local Majority Approval," New York Real Estate Journal, August 24, 2004

"COAH Proposal Would Overhaul Affordable Housing Policy, Abandon Past Approaches to "Fair Share" Determinations by Linking Municipal Obligations to Actual Growth," In-Sites, March 8, 2004 (Paul M. Hauge, Howard D. Geneslaw)

"Does Zoning Supersede Land Use Law?," New Jersey Lawyer, September 22, 2003 (Howard D. Geneslaw, Michele B. McGlyn)

"After D.L. Holdings - Plan Approvals May Expire When Local Zoning Changes," New Jersey Lawyer, September 22, 2003

"New Jersey Supreme Court Reaffirms Availability of Builder's Remedy," The Real Estate Finance Journal, July 1, 2003

"Planning Boards Can Take Their Time: Appellate Court Rejects Default Approval Upon Planning Board's Failure to Act, Absent Bad Faith or Egregious Conduct By Board," New Jersey Law Journal, March 31, 2003

"Supreme Court Reaffirms Availability of Builder's Remedy in Mount Laurel Litigation, Approves Consideration of Market Demand in Assessments of Municipalities' Compliance with Fair Housing Requirements," In-Sites, October 31, 2002 (Paul M. Hauge, Howard D. Geneslaw)

"New Jersey Appellate Court Rejects Default Approval Upon Planning Board's Failure To Act, Absent Bad Faith or Egregious Conduct by Board," In-Sites, October 31, 2002

"New Jersey Appellate Court Invalidates Municipal Efforts to Limit the Duration of Development Approvals," In-Sites, July 31, 2002

"Court Determines that a Drive-Thru Facility is "Customarily Incidental" to a Pharmacy and Must Be Allowed as a Permitted Accessory Use, Without Need for a Variance," In-Sites, May 2, 2002

"New Law Sets 3-Year Limit on Construction Permits; Allows Revocation of Permits for, and Demolition of, Unfinished Projects," In-Sites, February 5, 2002 (Howard D. Geneslaw, Gregory R. Alvarez)

"Zoning Permits in New Jersey: New Law Requires Decision Within 10 Business Days," In-Sites, January 14, 2002

"Avoid Permit Pitfalls When Re-Leasing Second Generation Space," Dealmakers, May 21, 1999

"Zoning Changes: A Guide to the Players and the Process," Dealmakers, March 26, 1999

"The Validity of Special Use Permit and Site Plan Conditions of Approval," Environmental Law in New York, January 1, 1996

"Coordinating Subdivision Review With New York's State Environmental Quality Review Act (SEQRA)," 19 Columbia Journal of Environmental Law 101 , January 1, 1994

"Cleanup of National Priority List Sites, Functional Equivalence, and the NEPA Environmental Impact Statement," 10 Journal of Land Use & Environmental Law 127, January 1, 1994

"Planning Board Authority to Adjourn Public Hearings," Municipal Lawyer , January 1, 1994

Quoted in "Court's Redefinition of 'Blight' Helps Owners Win Eminent Domain Cases," New Jersey Law Journal, August 6, 2007

Quoted in "Meet the Real Estate Lawyers," Real Estate New Jersey, April 2007

Quoted in "Eminent Domain: Eminently Powerful," New Jersey Business, January 2007

Speaker, New Jersey Chapter of the American Planning Association and the Edward J. Bloustein School of Planning and Public Policy at Rutgers, the State University of New Jersey, "2009 Annual Planning Conference," New Brunswick, NJ. November 5 - 6, 2009

Speaker, Lorman, "Zoning, Subdivision and Land Development Law" Plainview, NY. July 22, 2008

Speaker, Lorman Education Services, "Lorman Education Services' Zoning, Subdivision and Land Development Law Seminar" Melville, NY. July 20, 2007

Speaker, "Advanced Zoning and Land Use," December 2004 and December 2005.

Speaker, "Zoning And Land Use In New Jersey," Lorman Educational Services, Parsippany, New Jersey, May 12, 2004, also 2005.

Speaker, "Zoning And Land Use In New Jersey," Lorman Educational Services, Parsippany, New Jersey, May 14, 2003.

Speaker, "Review of Development Permits and Approvals: Applicable Laws & Regulations," Topic: Land Use and Zoning, Short Courses and Continuing Professional Education, Cook College, Rutgers University, February 23, 2000; February 21, 2001; February 13, 2002.

Panelist, "Main Street Strategy Session: Advantages of Redevelopment Plans as a Mechanism to Achieve Municipal Goals and Attract Private Capital," West Orange, New Jersey, July 31, 1998.

Listed as Super Lawyers Rising Star, Land Use/Zoning, 2007

AV® Peer Review Rated by Martindale-Hubbell

Due Diligence Investigations

Represented a national REIT in performing zoning due diligence preceding the acquisition of a portfolio consisting of several million square feet of office space in two municipalities in central New Jersey

Represented an affiliate of a major insurance company in performing zoning due diligence preceding the acquisition of an ownership interest in a regional shopping mall in northern New Jersey, one of the largest in the United States

Represented an international energy conglomerate in performing zoning due diligence relating to the acquisition of multiple electric generating facilities and substations in a dozen municipalities

Represented a major trucking company in performing zoning due diligence precedent to the acquisition of a warehouse in Queens, New York

Represented a major international logistics company in performing due diligence precedent to the acquisition of a distribution center in western New Jersey

Represented a major hotel chain in performing due diligence precedent to acquisition of an ownership interest in an existing hotel in northern New Jersey

Represented a regional property management company in performing due diligence precedent to acquisition of a theater and strip center in northern New Jersey

Applications for Development

Represented a regional supermarket chain in applications for zoning and development approvals at multiple locations in New Jersey and New York

Represented a chain of food stores, with fuel stores and car washes, in applications for zoning and development approvals at multiple locations in the Lower Hudson Valley of New York

Represented several national restaurant chains in applications for zoning and development approvals at numerous locations in New Jersey, New York and Connecticut

Represented developer in application for zoning and development approvals for national pharmacy

Represented hospital in obtaining zoning and development approvals for cardiac catheterization facility and parking facilities

Represented national lawn care company in applications for approval of regional warehouse facilities

Litigation

Represented country club in successfully defending an appeal of development approvals by objectors

Represented a national restaurant chain in appealing the denial of a use variance, and in the appeal of development approvals by a business competitor

Represented niche retailer in obtaining reversal of site plan denial

Represented national restaurant chain and national retailer in commercial lease disputes

Represented national restaurant franchisee in obtaining reversal of approval granted to a business competitor

Represented shareholder in dispute with homeowner's association concerning development that would result in loss of view

Redevelopment

For a municipality, negotiated redevelopment agreements for the following redevelopment projects:

• Public-private development involving a public park, amphitheater, restaurant, and a 21,000 square foot office building
• Private project involving 134 residential units and 25,500 square feet of commercial space
• Private project involving 34,500 square feet of retail space

For private developers, provided counseling and representation in connection with the following projects:

• Represented national restaurant chain in securing development approvals for construction of new restaurant in a redevelopment area
• Represented a developer of affordable housing in connection with rehabilitation for affordable housing units of a historic building in an urban center
• Represented consortium of universities in connection with redevelopment in an urban area for science-related uses
• Represented major office developer in connection with the development of a nearly 1 million square foot office complex within a redevelopment area and which was sponsored by a bi-state agency

For objectors, represented a national restaurant chain in objecting to a proposed "area in need of redevelopment" designation

Municipal:

• Private project involving 5 million square feet of warehouse space

Private:

• Represented a designated redeveloper in negotiating redevelopment agreement and in securing all development approvals for construction of a 43,000 square foot downtown retail center and 475-space parking garage
• Represented a subdeveloper in connection with zoning and other development issues relating to construction of a 300-unit luxury rental apartment building in the New Jersey Meadowlands
• Represented master developer in negotiating redevelopment agreements with subdevelopers for retail waterfront redevelopment project
• Represented manufacturer as designated redeveloper in negotiating redevelopment agreement and securing development approvals for new corporate headquarters building

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*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.