As the son of small business owners, I understand the importance of striking a balance between efficient legal guidance and practical business realities. Effective legal representation requires an approach filled with compassion, creativity, persistence and attention to detail, and I strive to deliver that to my clients each and every day.
Mr. Mlenak concentrates his practice in the areas of redevelopment, land use, zoning, and real estate development. His clients include property owners and developers engaged in mixed use, residential, industrial, commercial, office, retail and affordable housing development projects. Mr. Mlenak provides guidance from the initial project concept through to construction, including land use planning and approvals, permits and variances and appearances before municipal, county and state planning and zoning boards and agencies.
Mr. Mlenak counsels redevelopers, property owners and municipalities on all aspects of the redevelopment process, including the negotiation and drafting of redevelopment agreements, review of redevelopment area studies and redevelopment plans, drafting of redevelopment-related ordinances and resolutions, and appearances before redevelopment entities and governing bodies. He provides counsel regarding incentives and tax abatements available at the state and federal level, including the negotiation and drafting of financial agreements (PILOT) under the Long Term Tax Exemption Law. He is also well versed in assisting clients in applications for grants under various Economic Development Authority (EDA) programs, including incentives under the Aspire Program for projects that are utilizing low income housing tax credits (LIHTC). His work in this area is enhanced by the valuable legislative experience he garnered while serving as Chief of Staff for a member of New Jersey's General Assembly, prior to entering private practice.
Mr. Mlenak also maintains a strong practice in the area of community association law, providing strategic guidance and general counseling to condominium and homeowners association clients across a broad range of legal issues. His work encompasses the interpretation and amendment of governing documents and by-laws, drafting contracts, collection of delinquent assessments, the enforcement of rules and regulations, operational and maintenance issues, the fiduciary responsibilities of board members, transition negotiations and litigation, Municipal Services Act compliance, and alternative dispute resolution. He further represents clients in construction defect litigation, Fair Housing discrimination cases and landlord-tenant matters.
Results may vary depending on your particular facts and legal circumstances.
Honors & Awards
- American College of Real Estate Lawyers (ACREL) Fellow
- Selected for inclusion by NJBIZ as a 2023 “Forty Under 40” honoree
- Selected for inclusion in 2022 by NJBIZ on a list called “Leaders in Law”
- Selected for inclusion by the New Jersey Law Journal on the 2018 list of "New Leaders of the Bar," the publication's annual listing of outstanding attorneys under the age of 40 and practicing in New Jersey
- Listed in Chambers USA (a publication of Chambers and Partners) in the Real Estate: Zoning/Land Use practice area (2021 - present)
- Listed in The Best Lawyers in America© (a trademark of Woodward/White, Inc.) in the Real Estate Law and Land Use and Zoning Law practice areas (2025)
- Listed in Best Lawyers: Ones to Watch (a trademark of Woodward/White, Inc.) in the Land Use and Zoning Law and Real Estate Law practice areas (2021 - 2024)
- Listed in Super Lawyers - New Jersey Rising Stars (a Thomson Reuters business) in the Land Use/Zoning and Real Estate: Business practice areas (2017 - present)
- Martindale-Hubbell® Peer Review Rated AV® Preeminent (a trademark of Internet Brands, Inc.) (2020)
- Recipient of the "2016 Speaker of the Year" award from the Community Associations Institute - New Jersey Chapter (CAI-NJ)
- Shared recipient of the "2014 Committee of the Year" award from the Community Associations Institute - New Jersey Chapter (CAI-NJ) for his work as a member of the National Legislative Action Committee - NJ
- While attending law school, Mr. Mlenak was a semi-finalist in the Nathan Baker Mock Trial Competition, and was a three-time merit scholarship recipient
Please visit our Award Methodology page for a description of the standard or methodology on which these accolades are based. Attorney Advertising: No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Representative Matters
Results may vary depending on your particular facts and legal circumstances.
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Mr. Mlenak obtained preliminary and final site plan and subdivision approval with variance and waiver relief from the Township of Woodbridge for a large mixed use project consisting of 376 apartment units in five buildings, two retail/restaurant buildings, clubhouse featuring a pool and other amenities, approximately 800 parking spaces, and ancillary site improvements.
- Mr. Mlenak represents housing providers such as property management companies, apartment complex owners, and community associations on their rights and obligations pertaining to reasonable accommodation and reasonable modification requests under New Jersey's Fair Housing Act and Law Against Discrimination. This representation includes the review, analysis and potential litigation of requests for emotional support/companion animals.
- Mr. Mlenak is part of the firm's team that represents the Parking Authority of the Town of Morristown. In this capacity, he has prepared and negotiated several parking license agreements, easement agreements, and other parking-related instruments on behalf of the Parking Authority. Mr. Mlenak also periodically serves as Counsel to the Parking Authority at its Board of Commissioners' meetings.
- Mr. Mlenak has successfully obtained local and state land use approvals for various developers/redevelopers and uses throughout New Jersey, including mixed-use projects, large multi-family projects including those with affordable housing components, automotive dealerships, warehouses, and other commercial and industrial uses.
- Mr. Mlenak has provided counsel to various District Management Corporations on behalf of Special Improvement Districts including the Morristown Partnership, Inc., the Newark Downtown District, the Downtown Paterson Special Improvement District, the Downtown Millburn Special Improvement District, and the Pompton Lakes Special Improvement District.
- Mr. Mlenak represented the redeveloper of a multi-million dollar mixed-use project in Linden comprised of 113 market-rate residential dwellings and over 16,000 SF of retail space. This representation included the preparation and negotiation of the redevelopment agreement and PILOT agreement, as well as coordination of the acquisition of private properties through agreement or condemnation by the City of Linden.
- Mr. Mlenak represents the St. Demetrios Greek Orthodox Church of Perth Amboy in connection with the redevelopment of its former community center into a multi-use facility comprised of a new community center, senior housing dwellings, a new chapel and priests' offices. This representation includes counseling with respect to the redevelopment area designation, preparation and negotiation of a redevelopment agreement, and the procurement of all necessary local approvals including preliminary and final site plan approval from the Perth Amboy Planning Board.
- Mr. Mlenak successfully objected to an application for preliminary and final site plans requiring d(1) use variances of a medical office complex on behalf of neighboring property owners concerned about the project's impacts on local traffic and drainage.
- Mr. Mlenak obtained a money judgment on behalf of a condominium association against a developer for nearly $200,000 in damages related to unsold commercial units held by the developer in the association. After selling all of the residential units in a Cape May condominium, the developer of the condominium refused to contribute towards the expenses of the building while continuing to own three large commercial units within the condominium. This left the maintenance and repair of the building solely to the individuals that purchased their homes from the developer to pick up the developer’s short fall for years. Mr. Mlenak filed suit and, in a 15-page written opinion from the judge, successfully obtained a judgment of nearly $200,000, including attorneys fees and interest against the developer for the association.
- Mr. Mlenak played a significant role in the redevelopment of a blighted unoccupied office building in downtown Linden into the new headquarters of an expanding regional laboratory. Representation included the negotiation and execution of an amended redevelopment agreement, financial agreement for a 5-year tax abatement, adoption of related municipal resolutions and ordinances, and assistance in obtaining preliminary and final site plan review approval from the Linden Planning Board.
- Mr. Mlenak was a member of the firm's team that advised an international Fortune 500 retailer with regard to millions of square feet of development in various locales, including redevelopment areas, tax abatement (PILOT) agreements, environmental remediation, redevelopment plans, state, regional, county and local approvals, zoning permits and certifications, miscellaneous agreements, construction permitting, and assisted in drafting leasing provisions.
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Mr. Mlenak played a significant role in representing a New Jersey condominium association in its successful appeal of a U.S. Bankruptcy Court decision. In In re: Rones, the Bankruptcy Court had ruled that Chapter 13 debtors could “strip” all but the 6 month priority portion of the condominium’s lien by reasoning that the New Jersey Condominium Act only afforded a payment priority, rather than a true lien priority which would protect the lien as a secured claim. On appeal, the U.S. District Court for the District of New Jersey reversed the Bankruptcy Court and held that the limited priority granted condominium liens in the Act protects it from being stripped or crammed down in any way. The impact of the important ruling is that condominium debtors will now be required to pay back the entirety of the validly-filed condominium lien as a secured debt in order to have a Chapter 13 plan confirmed. Mr. Mlenak authored the appellate and reply briefs in the association's appeal during his tenure at a prior firm, and also coordinated with the Community Associations Institute-New Jersey Chapter (CAI-NJ) in its filing as amicus curiae in support of the association
Uniquely NJ
- New Jersey Builders Association; Redevelopment Counsel; Legislative Committee
- Community Associations Institute - New Jersey Chapter (CAI-NJ); Executive Committee and President-Elect; 2020 Membership Committee, Vice Chair; Ambassador Program; National Legislative Action Committee - NJ (former member and current Board Liaison)
- New Jersey State Bar Association; Land Use Law Section, Board of Directors and Chair, Legislative Committee
- NAIOP New Jersey
- Metropolitan Builders & Contractors Association of New Jersey
- U.S. Green Building Council
- Somerset Raritan Valley Sewerage Authority (Commissioner, 2014-2016; 2016-2021)
- New Jersey Assemblywoman Caroline Casagrande (Chief of Staff, 2011-2012)
More Activities & Experience
- Former judicial intern to The Honorable Sebastian P. Lombardi, New Jersey Superior Court (2009)
Presentations & Speaking Engagements
- Presenter, Community Association Conference 2024Sponsor: New Jersey Institute for Continuing Legal Education, November 13, 2024
- Panelist, Are you Blighting our Town? How Municipal Officials Navigate the Politics of RedevelopmentSponsor: New Jersey Planning and Redevelopment Conference, June 7, 2024
- Faculty, 2024 Land Use Update – Session 2Sponsor: New Jersey Institute for Continuing Legal Education, March 27, 2024
- Panelist, Mixed-Use Development/RedevelopmentSponsor: Atlantic Builders Convention, March 21, 2024
- Lecturer, 2024 NJSBA Virtual Spring ConferenceSponsor: New Jersey Institute for Continuing Legal Education, March 7, 2024
- Sponsor: Community Associations Institute, New Jersey Chapter, October 19, 2023
- Sponsor: Associa Community Management Corp. of New Jersey, September 13, 2023
- Faculty, Land Use Institute 2022Sponsor: New Jersey Institute for Continuing Legal Education, December 7, 2022
- Sponsor: Community Associations Institute - New Jersey Chapter, September 20, 2022
- Sponsor: 2022 NJ Planning and Redevelopment Conference, June 16, 2022
- Panelist, Community Association / PRED SeminarSponsor: New Jersey Builders Association, April 7, 2022
- Sponsor: New Jersey Builders Association, March 4, 2022
- Speaker, Land Use Update 2022Sponsor: New Jersey Institute for Continuing Legal Education, February 23, 2022
- Sponsor: CAI-NJ Conference & Expo, October 21, 2021
- Panelist, Mixed Use Development/RedevelopmentSponsor: Atlantic Builders Convention, October 13, 2021
- Sponsor: Association of Corporate Counsel New Jersey, September 30, 2021
- Presenter, Cannabis is Coming, Are You Ready?Sponsor: Downtown New Jersey, June 18, 2021
- Faculty, Planning for ParkingSponsor: New Jersey Institute for Continuing Legal Education, May 26, 2021
- Speaker, Land Use Update 2021Sponsor: New Jersey Institute for Continuing Legal Education, March 3, 2021
- Sponsor: New Jersey Builders Association, February 26, 2021
- Sponsor: New Jersey Institute for Continuing Legal Education, November 23, 2020
- Panelist, Community Associations SeminarSponsor: New Jersey Builders Association, November 13, 2020
- Presenter, ABC’s of Housing DevelopmentSponsor: American Society of Appraisers and the National Association of Insurance and Financial Advisors, November 12, 2020
- Sponsor: Greenbaum, Rowe, Smith & Davis LLP, NJ Hospital Association, NJ Healthcare Financial Management Association, and Medical Society of NJ, November 10, 2020
- Speaker, Executive Order 192Sponsor: Taylor Management Company, November 4, 2020
- Sponsor: The Morning Spotlight, November 3, 2020
- Speaker, Latest Legal Resources and FormsSponsor: New Jersey REALTORS®, October 26, 2020
- Presenter, Don’t Sign the Proposal!Sponsor: Community Associations Institute - New Jersey Chapter, September 23, 2020
- Sponsor: New Jersey Builders Association, September 22, 2020
- Presenter, Legislative and Regulatory UpdateSponsor: New Jersey Builders Association, September 14, 2020
- Sponsor: Community Associations Institute NJ Chapter, June 12, 2020
- Sponsor: New Jersey Future, March 6, 2020
- Panelist, 2020 Land Use UpdateSponsor: New Jersey Institute for Continuing Legal Education, February 26, 2020
- Sponsor: New Jersey Redevelopment Authority, October 24, 2019
- Sponsor: Paralegal Association of New Jersey, Inc., September 25, 2019
- Sponsor: Lorman Education Services, April 26, 2019
- Sponsor: American Planning Association – New Jersey Chapter, January 24-25, 2019
- Speaker, Tax Abatements – Friend or Foe?Sponsor: New Jersey Builders Association and the American Planning Association New Jersey Chapter, July 27, 2018
- Sponsor: NAIOP NJ, July 12, 2018
- Sponsor: Lorman Education Services, February 27, 2018
- Sponsor: American Planning Association New Jersey Chapter, January 25, 2018
- Speaker, 2017 Atlantic Builders ConventionSponsor: New Jersey Builders Association, April 4-6, 2017
- Speaker, Legislative UpdateSponsor: CAI-NJ, April 6, 2016
- Sponsor: CAI-NJ Community Academic Institute, March 21, 2016
- Speaker, Legislative UpdateSponsor: CAI-NJ, March 15, 2016
- Moderator, Managers Best Practices RoundtableSponsor: CAI-NJ, June 2015
- Speaker, Legislative UpdateSponsor: CAI-NJ, May 2015
- Instructor, Legal Responsibilities and Fair HousingSponsor: New Jersey Apartment Association, April 2015
Publications & Alerts
- Quoted, Reports: Hartz scraps plan for logistics park, open space at sprawling Hercules site on I-80Real Estate New Jersey, August 1, 2024
- Daily Record, June 6, 2024
- Author, Q&A: Eek, E-bikes!Cooperator News New Jersey, May 2024
- Quoted, Responding to LitigationCooperator News New Jersey, May 2024
- Quoted, Board Roles: Who Does WhatCooperator News New York, February 2024
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, January 16, 2024
- Quoted, Powering E-Devices SafelyCooperator News New Jersey, December 8, 2023
- Interviewed, Q&A: President BullyCooperator News New Jersey, August 1, 2023
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, July 10, 2023
- Quoted, Legal Q & A: Handling HarassmentCooperator News New Jersey, Winter 2022
- Real Estate New Jersey, October 2021
- Community Trends, June 2021
- Garden State Focus, Spring 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, April 27, 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, April 1, 2021
- New Jersey Law Journal, March 17, 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 4, 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, February 25, 2021
- Author, 2021 Market ForecastReal Estate New Jersey, January 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, January 8, 2021
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, June 12, 2020
- Co-Author, Department of Community Affairs Issues Substantial Regulations Affecting Common Interest CommunitiesGreenbaum, Rowe, Smith & Davis LLP Client Alert, May 21, 2020
- Community Trends, May 2020
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, April 28, 2020
- Co-Author, An Overview of Recent Land Use Guidance and Legislation in New Jersey in Response to COVID-19Greenbaum, Rowe, Smith & Davis LLP Client Alert, April 13, 2020
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, October 2, 2019
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, May 2, 2019
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 28, 2019
- Greenbaum, Rowe, Smith & Davis LLP 2019 Real Estate Update: Trending Issues & Topics of Interest, March 19, 2019
- Dimensions (New Jersey Builders Association), Fall 2018
- Law360.com, August 24, 2018
- Dimensions (New Jersey Builders Association), Spring 2018
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, February 2018
- Co-Author, Proposed Legislative Changes to PILOT Programs May Negatively Impact Redevelopment in 2018Greenbaum, Rowe, Smith & Davis LLP Client Alert, February 2018
- Real Estate New Jersey, September 2017
- Real Estate Issues, published by The Counselors of Real Estate, April 2017
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 2017
- Dimensions, Winter 2017
- Community Trends, September 2016
- The New Jersey Cooperator, July 2016
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, June 2016
- Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 2016
- Author, U.S. District Court Reverses Bankruptcy Court in Important Victory for Condominium AssociationsGreenbaum, Rowe, Smith & Davis LLP Client Alert, February 2016
- Community Trends, December 2015
- Community Trends, October 2015
News
- August 15, 2024
- June 6, 2024
- April 10, 2024
- March 26, 2024
- February 14, 2024
- January 16, 2024
- August 17, 2023
- August 10, 2023
- August 4, 2023
- June 9, 2023
- January 6, 2023
- August 18, 2022
- April 29, 2022
- January 10, 2022
Departments
Practice Groups
Education
Rutgers University School of Law-Newark, J.D., 2011
University of Connecticut, B.A., 2008
Bar Admissions
- New Jersey, 2011
- U.S. District Court, District of New Jersey, 2011
- New York, 2013
(a publication of Chambers and Partners)
Editorial Excerpt: "Advises clients such as developers, municipalities and owners on a range of development projects."
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Please visit our Award Methodology page for a description of the standard or methodology on which these accolades are based. Attorney Advertising: No aspect of this advertisement has been approved by the Supreme Court of New Jersey.