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SEC Comment Letter for FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. (FREVS) (CIK 0000036840) (FREVS) — Feb 20, 2008

FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. (FREVS) (CIK 0000036840)
Date: Feb. 20, 2008 · CIK: 0000036840 · Accession: 0000000000-08-008921

AI Filing Summary & Sentiment

File numbers found in text: 000-25043

Date
February 20, 2008
Author
Not clearly detected
Form
UPLOAD
Company
FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. (FREVS) (CIK 0000036840)

Letter

Mail Stop 4561 February 20, 2008 Mr. Robert S. Hekemian Chief Executive Officer First Real Estate Investment Trust of New Jersey 505 Main Street Hackensack, NJ 07601

Re: First Real Estate Investment Trust of New Jersey Form 10-K Filed January 14, 2008 File No. 000-25043

Dear Mr. Hekemian: We have reviewed your filing and have the following comments. Where indicated, we think you should re vise your document in response to these comments. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as deta iled as necessary in your explanation. In some of our comments, we may ask you to provi de us with information so we may better understand your disclosure. After reviewing th is information, we may raise additional comments. Please understand that the purpose of our re view process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comments or any other aspect of our review. Feel free to call us at the telephone numbers listed at the end of this letter. Cover Page

1. Please correct the file number on your Form 10-K cover page to reflect the accurate file number for your filings made pursuant to the Securities Exchange Act of 1934, as amended. This may be located by accessing your filings on the SEC’s website at www.sec.gov. Item 1, Business, page 3

2. Please include the disclosu re required by Item 101(e) of Regulation S-K.

Mr. Robert S. Hekemian Chief Executive Officer First Real Estate Investment Trust of New Jersey February 20, 2008 Page 2

Item 1A, Risk Factors, page 9

3. Please include a separate discussion of ri sk factors under Item 1A. We refer you to Item 503(c) of Regulation S-K and not e that this disclosure should not be incorporated by reference to another sect ion of your annual report on Form 10-K. Please avoid merely identifying generic ri sks applicable to all real estate companies and instead identify how each risk affects you.

Item 2, Properties, page 10

4. Please revise your residential and commerc ial property tables to include average annual rent per unit or square foot, as th e case may be. In addition, with respect to your commercial portfolio, please include a 10-year lease expiration table that includes number of tenants, square f ootage covered by expiring leases, annual rent of such leases and th e percentage of total annual rent represented by such leases. Item 5, Market for Registrant’s Common Equ ity, Related Stockholder Matters and Issuer Purchases of Equity Securities Securities Authorized for Issuance Unde r Equity Compensation Plans, page 13

5. Please include the disclosure required by Item 201(d) a nd (e) of Regulation S-K. Please note that information required to be disclosed in Part II of Form 10-K may not be incorporated by reference to your annual meeting proxy statement. We refer you to Instruction G to Form 10-K. Item 7, Management’s Discussion and Analysis

Overview, page 15

6. Please expand your discussion on page 15 to discuss any known trends regarding the factors identified that may have a material detrimental impact on your revenue, earnings and cash flow. We refer you to Item 303 of Regulation S-K and SEC Release No. 33-8350. Net Investment Income, page 21

7. Please advise us how the loans made to family members of Robert S. Hekemian comply with Section 13(k) of the Exchange Act.

Mr. Robert S. Hekemian Chief Executive Officer First Real Estate Investment Trust of New Jersey February 20, 2008 Page 3

As appropriate, please amend your filing and respond to these comments within ten (10) business days or tell us when you will provide us with a response. You may wish to provide us with marked copies of th e amendment to expedite our review. Please furnish a cover letter with your amendment th at keys your responses to our comments and provides any requested information. Deta iled cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your amendment and responses to our comments. We urge all persons who are responsi ble for the accuracy an d adequacy of the disclosure in the filing to be certain that the filing includes all in formation required under the Securities Exchange Act of 1934 and th at they have provided all information investors require for an informed invest ment decision. Since the company and its management are in possession of all facts re lating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that: ‚ the company is responsible for the adequacy and accuracy of the disclosure in the filing; ‚ staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and

‚ the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

In addition, please be advise d that the Division of Enfo rcement has access to all information you provide to the staff of the Divi sion of Corporation Fi nance in our review of your filing or in response to our comments on your filing. You may contact Kristina Aberg at (202) 551-3404 or me at (202) 551-3852 with any questions. Sincerely,

Michael McTiernan Special Counsel

Show Raw Text
Mail Stop 4561         February 20, 2008  Mr. Robert S. Hekemian Chief Executive Officer First Real Estate Investment Trust of New Jersey 505 Main Street Hackensack, NJ 07601

Re: First Real Estate Investment Trust of New Jersey  Form 10-K
Filed January 14, 2008
 File No. 000-25043

Dear Mr. Hekemian:
 We have reviewed your filing and have the following comments.  Where
indicated, we think you should re vise your document in response to these comments.  If
you disagree, we will consider your explanation as to why our comment is inapplicable or
a revision is unnecessary.  Please be as deta iled as necessary in your explanation.  In
some of our comments, we may ask you to provi de us with information so we may better
understand your disclosure.  After reviewing th is information, we may raise additional
comments.
  Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure  requirements and to  enhance the overall
disclosure in your filing.  We look forward to  working with you in these respects.  We
welcome any questions you may have about our  comments or any other aspect of our
review.  Feel free to call us at the telephone numbers listed at the end of this letter.
 Cover Page

1. Please correct the file number on your Form 10-K cover page to reflect the
accurate file number for your filings made  pursuant to the Securities Exchange
Act of 1934, as amended.  This may be located by accessing your filings on the
SEC’s website at www.sec.gov.
 Item 1, Business, page 3

 2. Please include the disclosu re required by Item 101(e) of Regulation S-K.

Mr. Robert S. Hekemian
Chief Executive Officer First Real Estate Investment Trust of New Jersey February 20, 2008 Page 2

Item 1A, Risk Factors, page 9

 3. Please include a separate discussion of ri sk factors under Item 1A.  We refer you
to Item 503(c) of Regulation S-K and not e that this disclosure should not be
incorporated by reference to another sect ion of your annual report on Form 10-K.
Please avoid merely identifying generic ri sks applicable to all real estate
companies and instead identify how each risk affects you.

Item 2, Properties, page 10

 4. Please revise your residential and commerc ial property tables to include average
annual rent per unit or square foot, as th e case may be.  In addition, with respect
to your commercial portfolio, please include  a 10-year lease expiration table that
includes number of tenants, square f ootage covered by expiring leases, annual
rent of such leases and th e percentage of total annual rent represented by such
leases.
 Item 5, Market for Registrant’s Common Equ ity, Related Stockholder Matters and Issuer
Purchases of Equity Securities
 Securities Authorized for Issuance Unde r Equity Compensation Plans, page 13

5. Please include the disclosure  required by Item 201(d) a nd (e) of Regulation S-K.
Please note that information required to be disclosed in Part II of Form 10-K may
not be incorporated by reference to your  annual meeting proxy statement.  We
refer you to Instruction G to Form 10-K.
 Item 7, Management’s Discussion and Analysis

 Overview, page 15

 6. Please expand your discussion on page 15 to  discuss any known trends regarding
the factors identified that may have a material detrimental impact on your
revenue, earnings and cash flow.  We refer you to Item 303 of Regulation S-K
and SEC Release No. 33-8350.
 Net Investment Income, page 21

 7. Please advise us how the loans made to family members of Robert S. Hekemian
comply with Section 13(k) of the Exchange Act.

Mr. Robert S. Hekemian
Chief Executive Officer First Real Estate Investment Trust of New Jersey February 20, 2008 Page 3

 As appropriate, please amend your filing and respond to these comments within
ten (10) business days or tell us when you will provide us with a response.  You may
wish to provide us with marked copies of th e amendment to expedite our review.  Please
furnish a cover letter with your amendment th at keys your responses to our comments
and provides any requested information.  Deta iled cover letters greatly facilitate our
review.  Please understand that we may have  additional comments after reviewing your
amendment and responses to our comments.    We urge all persons who are responsi ble for the accuracy an d adequacy of the
disclosure in the filing to be certain that the filing includes all in formation required under
the Securities Exchange Act of 1934 and th at they have provided all information
investors require for an informed invest ment decision.  Since the company and its
management are in possession of all facts re lating to a company’s disclosure, they are
responsible for the accuracy and adequacy of the disclosures they have made.
  In connection with responding to our comments, please provide, in writing, a
statement from the company acknowledging that:  ‚ the company is responsible for the adequacy  and accuracy of the disclosure in the
filing;
‚ staff comments or changes to disclosure  in response to staff comments do not
foreclose the Commission from taking any action with respect to the filing; and

‚ the company may not assert staff comments as a defense in any proceeding initiated
by the Commission or any person under the federal securities laws of the United States.

In addition, please be advise d that the Division of Enfo rcement has access to all
information you provide to the staff of the Divi sion of Corporation Fi nance in our review
of your filing or in response to our comments on your filing.     You may contact Kristina Aberg at (202) 551-3404 or me at (202) 551-3852 with
any questions.
Sincerely,

Michael McTiernan Special Counsel