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16 GLORIA OSORIA v. WEST NEW YORK RENT CONTROL BOARD AND 5004 BERGENLINE REALTY, L.L.P - -- rank: 644

... at least coextensive with New Jersey's Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, but that neither the Anti-Eviction ... as L. 1975, c. 311, to the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12. We held that the protections of ... entitled to the protections of the Anti-Eviction Act. See N.J.S.A. 2A:18-61.1 (Anti-Eviction Act does not apply to "owner-occupied ... Eviction Act. Id. at 239. A provision of that Act, N.J.S.A. 2A:18-61.1( l )(3), grants owners of buildings with three or ... the statute would exempt it from the Anti-Eviction Act. N.J.S.A. 2A:18-61.1. We said that a construction of the statute that ... tenants "would countervail the complementary purpose of the exemption and N.J.S.A. 2A:18-61.1( l )(3) which assure an owner of a ...

docket:	a1596-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	published
citation:	410 N.J. Super. 437 982 A.2d 1185
Document Size:	62029

17 /usr/local/share/www/libweb/collections/courts/appellate/a1724-19.opn.html -- rank: 637

... favor of the landlord for nonpayment of rent pursuant to N.J.S.A. 2A:18-61.1(f). Macall remitted the unpaid rent the same day ... Village Apartments failed to serve the notice in accordance with N.J.S.A. 2A:18-61.2, which requires service either in person, upon a household ... the trial court[.]') (quoting Reynolds Offset Co., Inc. v. 3 N.J.S.A. 2A:18-61.2 provides in pertinent part that notice, 'shall be served ... to quit was not properly served. The Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, 'reflects a public policy barring dispossess ... the notice to quit was properly served in accordance with N.J.S.A. 2A:18-61.2 III. Although we remand to the trial court to ... month notice requirement for a notice to quit prescribed in N.J.S.A. 2A:18- 61.2(e) also applies to a notice of rental ...

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18 CAHN ESTATES v. FACUNDO SANCHEZ -- rank: 637

... and a simple assault of the landlord's employee. Under N.J.S.A. 2A:18-61.1, both acts would constitute grounds for eviction. After a ... The tenant first claims that under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12. ("the Act"), the trial court did ... its purpose. Bradley , supra , 132 N.J. Super. at 433. N.J.S.A. 2A:18-61.1a notes the purpose of the Act is an attempt ... to avoid such displacement and resultant loss of affordable housing[.]" N.J.S.A. 2A:18-61.1a(d). Strict compliance with the statute is required in ... Act requires a dismissal of the action. Id. at 123. N.J.S.A. 2A:18-61.1(b) provides a ground for eviction if "[t]he ... occupants or other tenants living in said house or neighborhood." N.J.S.A. 2A:18-61.1(b). Here, the landlord's notice of April ...

docket:	a6024-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-06-11
status:	Published
citation:
Document Size:	31146

19 ORANGE SENIOR CITIZENS RESIDENCE, LLC v. PAULETTE DAVIS -- rank: 628

... her landlord, plaintiff Orange Senior Citizens Residence, LLC, pursuant to N.J.S.A. 2A:18-61.1(c), which permits the removal of a tenant who ... gross negligence necessary to support the entry of judgment under N.J.S.A. 2A:18-61.1(c).' Because we conclude defendant's conduct did not meet the requirements of N.J.S.A. 2A:18-61.1(c), we reverse. The following facts are summarized from ... for Possession (Notice) as required by the Anti-Eviction Act, N.J.S.A. 2A:18-61.2, which terminated her tenancy as of October 24, 2016 ... d] something of a risk' to justify removal pursuant to N.J.S.A. 2A:18-61.1(c).3 The judge stayed the issuance of the ... a residential tenant except upon the establishment of good cause. N.J.S.A. 2A:18-61.1. Under N.J.S.A. 2A:18-61. ...

docket:	a1841-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-11
status:	unpublished
citation:
Document Size:	35057

20 BAYONNE HOUSING AUTHORITY v. ORASHA WILKES -- rank: 626

... 2020, the Authority filed an eviction action against defendant under N.J.S.A. 2A:18-61.1(d) and (e)(1) for violations of the lease ... the Authority failed to serve a notice to cease under N.J.S.A. 2A:18- 61.1(d) and (e)(1); the Authority's complaint failed to plead a claim under N.J.S.A. 2A:18-61.1(e)(2); the NTQf was legally inadequate; the judge ... to comply with the requirements of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, and Rule 6:3-4(c ... Authority complied with the requirements of the Anti-Eviction Act. N.J.S.A. 2A:18-61.1(e)(2) governs the removal of residential tenants who ... public housing authority seeks possession of a unit pursuant to N.J.S.A. 2A:18-61.1(e)(2), based on illegal activities that already ...

docket:	a1503-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-22
status:	Unpublished
citation:
Document Size:	24813

21 /usr/local/share/www/libweb/collections/courts/appellate/a3733-18.opn.html -- rank: 623

... 18T2 3 monthly rent, $9006, for relocation assistance pursuant to N.J.S.A. 2A:18- 61.1(g)(3) and h. The court set a move ... defendants were evicted for failure to pay rent pursuant to N.J.S.A. 2A:18-61.1(a). Defendants contend that this court should affirm the ... N.J. 474, 484 (1974). The Anti-Eviction Act (Act), N.J.S.A. 2A:18-61.1 to -61.12, was enacted ''to protect residential tenants ... 447 Associates v. Miranda, 115 N.J. 522, 528 (1989)). N.J.S.A. 2A:18- 61.1(g) provides it is permissible to evict tenants to ... section h to the Act.' Id. at 518 (citation omitted). N.J.S.A. 2A:18- 61.1(h) provides, in pertinent part: (a) If a residential ... premises is located has not enacted an ordinance pursuant to [N.J.S.A. 2A:18-61.1(g)(3)], the displaced residential tenant shall be ...

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22 NEWARK HOUSING AUTHORITY v. VERONICA MELVIN -- rank: 621

... of an eviction complaint against a tenant, filed pursuant to N.J.S.A. 2A:18-61.1e(2) and 2A:18-61.1p. Rather than reach ... protection under the Anti-Eviction Act (the Anti-Eviction Act), N.J.S.A. 2A:18-61.1 to -61.12, as a "functional co-tenant," pursuant ... complaint against Veronica seeking possession of the premises pursuant to N.J.S.A. 2A:18-61.1e(2) and 2A:18-61.1p. 2 Plaintiff did ... protected classes of persons under the Anti-Eviction Act, see N.J.S.A. 2A:18-61.1, and functional co-tenants, see Maglies , supra , 193 N ... of no cause of action against the PHA based upon N.J.S.A. 2A:18-61.1(p), which allows eviction of a tenant that knowingly ... remanded so that the trial judge could determine, pursuant to N.J.S.A. 2A:18-61.1(e)(2), (1) whether the tenant "'substantially breached ...

docket:	a1475-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-15
status:	unpublished
citation:
Document Size:	41586

23 Darnice Green v. Morgan Properties -- rank: 621

... the individual defendant alleging violations of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (Count One); violations of the Consumer ... a tenant may be evicted in a summary dispossess action. N.J.S.A. 2A:18-61.1. A tenant may be evicted for non-payment of rent. N.J.S.A. 2A:18-61.1(a). Because the Anti-Eviction Act only permits eviction ... asserted that the eviction complaints violated the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, because defendants misrepresented that plaintiffs would ... in the Superior Court, Law Division, alleging unlawful eviction proceedings, N.J.S.A. 2A:18-61.6 (Count One), violations of the CFA, N.J.S ... and the manner in which a tenant may be evicted. N.J.S.A. 2A:18-61.1. In order to effectuate the Legislature’s purposes, ...

docket:	A-100-11
court:	NJ Supreme Court
decided:	2013-09-17
status:
citation:	215 N.J. 431 73 A.3d 478
Document Size:	102857

24 Kona Miah v. Shiraj Ahmed -- rank: 619

... an illegal- occupancy eviction under the Anti-Eviction Act, specifically, N.J.S.A. 2A:18-61.1h (section h), and whether that amount is subject to ... of the questions presented, the Supreme Court granted certification. HELD: N.J.S.A. 2A:18-61.1h requires a landlord to provide tenants who are evicted ... eviction resulted from zoning-ordinance enforcement for an illegal apartment, N.J.S.A. 2A:18-61.1h required the landlord to provide the displaced tenant with ... In view of the unambiguous statutory language, we conclude that N.J.S.A. 2A:18-61.1h entitles displaced tenants to relocation assistance in an amount ... We also hold that the public-policy objectives reflected in N.J.S.A. 2A:18-61.1h preclude reductions or setoffs for unpaid rent or other ... the landlord failed to provide her with relocation assistance. Interpreting N.J.S.A. 2A:18-61.1h (section h) to require a lump-sum payment ...

docket:	a-1-03
court:
decided:	2004-05-11
status:
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Document Size:	85016

25 PEACHTREE MANAGEMENT CO., INC v. TACY ALBERTSON -- rank: 619

... s Demand for Possession of the above premises based upon [ N.J.S.A. ] 2A:18-61.1(c), [willful] or grossly negligent damage to the premises ... of any damage to the property to warrant eviction under N.J.S.A. 2A:18-61.1c. Nonetheless, the court found there was overcrowding, which constituted ... s interpretation of the New Jersey Anti-Eviction Act (Act), N.J.S.A. 2A:18-61.1 to -61.12, our review is de novo. The ... enumerates permissible grounds for eviction and the associated notice requirements. N.J.S.A. 2A:18-61.1 and -61.2. Absent proof of one of the ... at 326. Here, plaintiff sought to evict defendant pursuant to N.J.S.A. 2A:18-61.1c, which permits eviction of a "person [who] has willfully ... the court correctly denied a judgment of possession based on N.J.S.A. 2A:18-61.1c. However, the court erred in granting a judgment ...

docket:	a4889-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	16433

26 NICHOLAS AURIEMMA, SR v. ANDREW WONG -- rank: 617

... They also sought relocation costs of $14,700 pursuant to N.J.S.A. 2A:18-61.1h. Defendants did not pay rent in September 2013. That ... Therefore, defendants were not entitled to relocation expenses pursuant to N.J.S.A. 2A:18-61.1h. On November 6, 2013, defendants filed their notice of ... the trial court erred by denying relocation expenses pursuant to N.J.S.A. 2A:18-61.1(g)(3) and N.J.S.A. 2A:18-61.1h; (4) the trial court incorrectly ruled that the illegal ... exercise its original jurisdiction and award relocation expenses pursuant to N.J.S.A. 2A:18-61.1h. We turn first to defendants' contention that the trial ... that they are not entitled to relocation expenses pursuant to N.J.S.A. 2A:18-61.1h. In this case, plaintiffs sought defendants' removal from ...

docket:	a1107-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-22
status:	unpublished
citation:
Document Size:	20181

27 J.M.J. NEW JERSEY PROPERTIES, INC. v. MAGDY M. KHUZAM, et al. -- rank: 614

... landlord intended to retire the building from residential use. See N.J.S.A. 2A:18-61.2d. Subsequently, on January 25, 2002, the landlord provided the ... building will be permanently retired from residential use pursuant to N.J.S.A. 2A:18-61.2d. We agree with the judge that holding over and ... response to a rental housing shortage, the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (Act), limited evictions of tenants to ... to whom there is no statutory cause for eviction under N.J.S.A. 2A:18-61.1.'" Ibid. (quoting Center Ave. Realty, Inc. v. Smith , 264 ... owner-occupied dwellings with no more than two rental units, N.J.S.A. 2A:18-61.1, the issue was whether the dwelling was automatically exempt ... the meaning and intendment of that phrase as used in N.J.S.A. 2A:18-61.1." Id. at 434. We reasoned that even though ...

docket:	A0477-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-09
status:	published
citation:	365 N.J. Super. 325 839 A.2d 102
Document Size:	28789

28 /usr/local/share/www/libweb/collections/courts/appellate/a3104-18.opn.html -- rank: 592

... that 'because of the . . . intent of the . . . Anti-Eviction Act[, N.J.S.A. 2A:18-61.1 to -61.12,] which has a strong public policy ... by State [l]aw.' Pena cites for the first time N.J.S.A. 2A:18-61.4, 2A:18-61.36 and 2A:18-61.55 ... for his continued occupancy until the end of February 7 N.J.S.A. 2A:18-61.4 provides: Any provision in a lease whereby any tenant ... this act shall be deemed against public policy and unenforceable. N.J.S.A. 2A:18-61.36 provides: 'Any agreement whereby the tenant waives any rights ... shall be deemed to be against public policy and unenforceable.' N.J.S.A. 2A:18-61.55 provides: 'Any agreement whereby the tenant waives any rights ...

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29 DEXTER RAMPERSAUD v. RONALD A. HOLLINGSWORTH -- rank: 578

... the tenant's strained interpretation of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1(c), and conclude that an act of one permits ... caused or allowed destruction, damage or injury to the premises.' N.J.S.A. 2A:18-61.1(c). Starting in 1981, a landlord leased a rent ... caused or allowed destruction , damage or injury to the premises.' N.J.S.A. 2A:18-61.1(c). Two weeks later, the landlord commenced this suit ... A-2897-16T1 3 In appealing, the tenant argues that N.J.S.A. 2A:18-61.1(c) cannot support a judgment against him in these ... legal representatives of such lessee or tenant may be removed. . . .' N.J.S.A. 2A:18- 61.1. The Act then provides eighteen exceptions to its general ... caused or allowed destruction, damage or injury to the premises. [ N.J.S.A. 2A:18-61.1(c) (emphasis added).] A-2897-16T1 5 The ...

docket:	a2897-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-01
status:	Published
citation:	456 N.J.Super. 502 195 A.3d 841
Document Size:	19373

30 ALISA JENNINGS v. EDWARD GNOINSKI -- rank: 576

... OSTRER, P.J.A.D. Under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, an owner of a building with ... so the owner can personally occupy the tenant's unit. N.J.S.A. 2A:18-61.1(l)(3). But the owner may not remove a ... the tenant can recover treble damages and attorney's fees. N.J.S.A. 2A:18-61.6(a). In this case, a landlord sought his tenants ... to three residential units 'seeks to personally occupy [the] unit.' N.J.S.A. 2A:18-61.1(l)(3). But the landlord must first provide written ... demand for possession 'two months' . . . prior' to instituting the action. N.J.S.A. 2A:18-61.2(f). Also, before suing, the landlord must wait until ... the damages plus the tenant's attorney fees and costs.' N.J.S.A. 2A:18-61.6(a). Plainly, the statute is phrased in chronological ...

docket:	a2736-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-05
status:	Unpublished
citation:
Document Size:	31723