Search Rutgers Law Library N.J. Court Opinions

1 THE CHASE MANHATTAN BANK V. MR. AND MRS. SEYMOUR JOSEPHSON -- rank: 1000

... The issue on appeal is whether the 1986 amendment to N.J.S.A. 2A:18-61.3 of the Anti-Eviction Act, which extended the Act ... considers the questions presented because of their public importance. HELD:      N.J.S.A. 2A:18-61.3b applies the Anti-Eviction Act to foreclosing mortgagees and ... foreclosing mortgagees and purchasers at foreclosure sales. The prohibition of N.J.S.A. 2A:18-61.3 of the removal of a tenant from the premises ... protecting blameless tenants from eviction. Moreover, the amended language of N.J.S.A. 2A:18-61.1 to -61.12, as amended by L. 1986, c ... of the statutory grounds for which eviction is authorized. See N.J.S.A. 2A:18-61.1. More specifically, we consider whether the 1986 amendment to ... ed. 1988) (hereinafter Moynihan).     That general principle was reflected in N.J.S.A. 2A:18-61.1.a to -61.1.f, -61.1n to - ...

docket:	a-22-93
court:	njsupreme
decided:	1994-04-13
status:
citation:	135 N.J. 209
Document Size:	111875

2 /usr/local/share/www/libweb/collections/courts/supreme/a9813annavmarisela.opn.html -- rank: 923

... the Court considers whether the Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to -61.12 -- which permits the “owner of ... the owner intends to “personally occupy a unit,” N.J.S.A. 2A:18-61.1(l)(3) -- can be applied to remove a tenant ... to quit. Plaintiff demanded possession of 626 Court Street under N.J.S.A. 2A:18-61.1(l)(3), asserting that the unit was a single ... trial court dismissed plaintiff’s complaint. The court reasoned that N.J.S.A. 2A:18- 61.1(l)(3) was not applicable to 626 Court Street ... s decision. The majority held that plaintiff could not invoke N.J.S.A. 2A:18-61.1(l)(3) because plaintiff owned a total of six ... the word “building,” considered in the context of N.J.S.A. 2A:18- 61.1(l)(3), referred to the entire property, not ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47938

3 Anna Mae Cashin v. Marisela Bello -- rank: 921

... the Court considers whether the Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to -61.12 -- which permits the “owner of ... the owner intends to “personally occupy a unit,” N.J.S.A. 2A:18-61.1( l )(3) -- can be applied to remove a tenant ... to quit. Plaintiff demanded possession of 626 Court Street under N.J.S.A. 2A:18-61.1( l )(3), asserting that the unit was a single ... complaint for possession of the apartment on April 2, 2012. N.J.S.A. 2A:18-61.1( l )(3) was not applicable to 626 Court Street ... s decision. The majority held that plaintiff could not invoke N.J.S.A. 2A:18-61.1( l )(3) because plaintiff owned a total of six ... the word “building,” considered in the context of N.J.S.A. 2A:18-61.1( l )(3), referred to the entire property, not ...

docket:	A-98-13
court:	NJ Supreme Court
decided:	2015-10-07
status:
citation:	223 N.J. 328 123 A.3d 1042
Document Size:	80516

4 SACKS REALTY CO., INC., VS ESTELLE SHORE & ET ALS -- rank: 770

... the retroactivity provisions of the Tenant Protection Act of 1992, N.J.S.A. 2A:18-61.40 to -61.59, may be constitutionally applied where, prior ... senior citizens and disabled tenants entitled to protection pursuant to N.J.S.A. 2A:18-61.22, et seq . Shore was then neither a protected senior ... The Sponsor agrees that its right to such eviction under N.J.S.A. 2A:18-61.11 and at the conclusion of that stay shall not ... hardship relocation compensation in full satisfaction of the requirements of N.J.S.A. 2A:18-61.16 and will waive payment of one month's rent ... moving expense compensation in full satisfaction of the requirements of N.J.S.A. 2A:18-61.10, and the defendant has further agreed to waive the ... tenancy under the Senior Citizens and Disabled Protected Tenancy Act, N.J.S.A. 2A:18-61.22 to -39. It also conferred protected status on ...

docket:	a6681-96
court:	njappellate
decided:	1998-12-31
status:	published
citation:	317 N.J.Super. 258
Document Size:	33848

5 CHIARA OTTOMANO v. IGOR ARONOV -- rank: 727

... because defendant was a preconversion tenant, he was protected by N.J.S.A. 2A:18-61.31, which limits rent increases to the amount permitted by ... a three-year notice to quit was required pursuant to N.J.S.A. 2A:18-61.1k and N.J.S.A. 2A:18-61.2g. On February 20, 2007, plaintiff served defendant with a ... unit owned fewer than five units, the court reasoned that N.J.S.A. 2A:18-61.31 protected a preconversion tenant such as defendant against rent ... statute and the case law support the court's conclusion. N.J.S.A. 2A:18-61.31 of the Senior Citizens and Disabled Protected Tenancy Act (Act), N.J.S.A. 2A:18-61.22 to -61.39, restricts rent increases for preconversion ...

docket:	a5158-06
court:	njappellate
decided:	2008-04-07
status:	published
citation:	*CITE_PENDING*
Document Size:	38284

6 Robert Maglies v. Estate of Bertha Guy, et al. -- rank: 711

... Court addresses whether New Jersey’s Anti-Eviction Act (Act), N.J.S.A. 2A:18-61.1 to -61.12, allows the causeless eviction of a ... we address whether New Jersey’s Anti-Eviction Act (Act), N.J.S.A. 2A:18-61.1 to -61.12, allows the causeless eviction of a ... of one of the following grounds as good cause.” N.J.S.A. 2A:18-61.1. Seventeen grounds for eviction are enumerated, including nonpayment of ... legal representatives of such lessee[s] or tenant[s].” N.J.S.A. 2A:18-61.1. Maglies relies on the fact that the Act does ... the disabled, the frail, minorities, large families and single parents. [ N.J.S.A. 2A:18-61.1a(d) (emphasis added).] The Legislature thus included “homelessness ... upset the delicate balance of tenants’ and landlords’ rights. See N.J.S.A. 2A:18-61.1a(b) (stating Legislature’s finding that State eviction ...

docket:	a-50-06
court:
decided:	2007-12-12
status:
citation:	193 N.J. 108
Document Size:	133739

7 LYNN BERNSTEIN v. MICHAEL SHULMAN -- rank: 711

... order denied the tenant's claim for relocation assistance under N.J.S.A. 2A:18-61.1g and N.J.S.A. 2A:18-61.1h, and her other claims for affirmative relief, but also ... action in the Special Civil Part, seeking relocation expenses under N.J.S.A. 2A:18-61.1g and N.J.S.A. 2A:18-61.1h, and other monetary relief. S ee Bernstein v. Shulman ... Tenant judge's unappealed factual findings and legal conclusions. A. N.J.S.A. 2A:­­­18-61.1h(a) provides, in pertinent part, that "[i]f a ... an illegal occupancy in a residential rental premises pursuant to [ N.J.S.A. 2A:18-61.1(g)(3)], and the municipality in which the ...

docket:	a5546-08
court:	superior court appellate division
decided:	2010-04-01
status:	Unpublished
citation:
Document Size:	118220

8 HILLSIDE VILLAGE v. SANDRA SMITH -- rank: 689

... that it had jurisdiction under the Anti-Eviction Act (Act), N.J.S.A. 2A:18-61.1 to -61.12, to consider the matter because plaintiff ... notice to quit and demand for possession (Notice) required by N.J.S.A. 2A:18-61.2. After considering the proofs adduced at trial, the court found that plaintiff established good-cause for eviction under N.J.S.A. 2A:18-61.1(c), because it proved that defendant caused damage to ... 20, 2015, plaintiff served defendant with the Notice required by N.J.S.A. 2A:18-61.1(c) and N.J.S.A. 2A:18-61.2, that stated defendant had willfully or by gross negligence ... hoarding. It stated: LEGAL AUTHORITY FOR YOUR EVICTION: State law, N.J.S.A. 2A:18-61.1c, provides that a tenant may be evicted for ...

docket:	a0252-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-31
status:	unpublished
citation:
Document Size:	37302

9 SUMMIT PLAZA ASSOCIATES v. RAGEE KOLTA -- rank: 686

... amount. As a result, plaintiff filed an eviction action under N.J.S.A. 2A:18-61.1(a), for failure to pay rent, and N.J.S.A. 2A:18-61.1(f), for failure to pay rent after a rent ... embodied in New Jersey's Anti-Eviction Act, pursuant to N.J.S.A. 2A:18-61.1(f), prohibiting eviction when the increase is 'unconscionable.' Defendants ... 246.1 and Section 246.21 did not apply to N.J.S.A. 2A:18-61.1(f) because the statute was not a rent control ... circumstances worsened. II. On appeal, defendants renew their contention that N.J.S.A. 2A:18- 61.1(f) is not preempted by federal law, and assert ... 1995). Here, we agree with the judge's determination that N.J.S.A. 2A:18- 61.1(f) is preempted by federal law under the ...

docket:	a1305-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Published
citation:
Document Size:	32730

10 PARTROY ASSOCIATES v. JANE DIGUGLIELMO -- rank: 677

... unit garden apartment complex. The appeal requires us to construe N.J.S.A. 2A:18-61.1m, occupancy as condition of employment, concerning the landlord's ... rent and then sought possession of the premises pursuant to N.J.S.A. 2A:18-61.1m, arguing that termination of the husband's job established ... on the husband's continued employment; (2) the judge misinterpreted N.J.S.A. 2A:18-61.1m to require the tenancy and the employment to occur ... of eviction. We focus primarily on whether the judge misinterpreted N.J.S.A. 2A:18-61.1m, the second argument advanced by the landlord. A residential ... dispossession set forth under the Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to -61.12. One of the enumerated grounds furnishing ... tenancy on the tenant's employment as a superintendent. Specifically, N.J.S.A. 2A:18-61.1m provides: No lessee or tenant or the assigns, ...

docket:	a2494-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-27
status:	unpublished
citation:
Document Size:	22093

11 SPARKLE MAIR v. JERRY WILEY -- rank: 673

... plaintiff-tenant, Sparkle Mair. Plaintiff initiated the proceeding pursuant to N.J.S.A. 2A:18-61.1h, which imposes a financial penalty on a landlord who ... in an amount equal to six times the monthly rent. N.J.S.A. 2A:18-61.1h(c). We reject defendant's contention that because the ... right to seek and obtain the statutory penalty authorized by N.J.S.A. 2A:18-61.1h(c). We affirm, although we modify the judgment to ... amount of $4500, representing six months' rent, in accordance with N.J.S.A. 2A:18-61.1h(c). The judge dismissed defendant's counterclaim. On appeal ... assistance remedy requires the tenant be evicted from premises under N.J.S.A. 2A:18-61.1(g)(3) in a summary dispossess proceeding. B. The ... court failed to determine whether the tenancy was governed by N.J.S.A. 2A:18-61.1. II. THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES MUST ...

docket:	a2721-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-16
status:	unpublished
citation:
Document Size:	31876

12 State of New Jersey v. Gene Hinton -- rank: 666

... mobile home park or tenement leased for residential purposes.” N.J.S.A. 2A:18-61.1. 3 The statute defines grounds for dispossession including, among ... to pay rent due and owing under the lease,” N.J.S.A. 2A:18-61.1(a), disorderly conduct that, after notice to cease, â ... peace and quiet of the occupants or other tenants,” N.J.S.A. 2A:18-61.1(b), and substantial violation or breach of the terms of the lease, N.J.S.A. 2A:18-61.1(e). Jurisdiction to grant the statutory remedy is contingent ... with his mother. Arguably, the New Jersey Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, provided Hinton with a basis to ... or give notice to the tenant before filing the action. N.J.S.A. 2A:18-61.2. 5 While Rakas merely rejected the Jones standing ...

docket:	A-3-12
court:	NJ Supreme Court
decided:	2013-10-24
status:
citation:
Document Size:	138006

13 VANDER STERRE BROS. CONSTRUCTION V. MILDRED KEATING -- rank: 659

... to give a new tenant the formal notice specified in N.J.S.A. 2A:18-61.9 of the Anti-Eviction Act (AEA).     Plaintiff-landlord here ... third party. We conclude that the statutory notice required by N.J.S.A. 2A:18-61.9 should have been given at the inception of the ... ruled that the landlord was obligated to provide notice under N.J.S.A. 2A:18-61.9 applied. The statutory notice of potential conversion should have ... to give the specified notice. This portion of the AEA, N.J.S.A. 2A:18-61.12 with adopting rules and regulations for implementation of the ... failure to provide written notice in the form required by N.J.S.A. 2A:18-61.9 when defendant's tenancy began, or one year later ... P.L. 1975, c. 311 (C. 2A:18-61.9);         [ N.J.S.A. 2A:18-61.9, a jurisdictional prerequisite even though the plaintiff-landlord ...

docket:	a2249-94
court:	njappellate
decided:	1995-10-17
status:	published published
citation:	<a href=
Document Size:	24304

14 350 MAIN STREET LLC v. REN GUAN LI -- rank: 655

... leases. Residential leases are governed by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12. The Act provides that: No judgment ... for any premises covered by section 2 of this act [ N.J.S.A. 2A:18-61.1], except for the nonpayment of rent under subsection a ... three months' notice prior to the institution of the action [.] [ N.J.S.A. 2A:18-61.2 (Emphasis supplied).] The statute governing eviction in connection with ... lessees and tenants included in section 2 of this act [ N.J.S.A. 2A:18-61.1], any lessee . . . of any . . . buildings . . . may be removed from ... the Legislature found in enacting the Anti-Eviction Act, see N.J.S.A. 2A:18-61.1a, acute State and local shortages in housing and high ... to fairly balance and protect rights of tenants and landlords." N.J.S.A. 2A:18-61.1a(b). For this reason, the Legislature declared that: " ...

docket:	a3265-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	unpublished
citation:
Document Size:	47174

15 BRIAN A PUGLIA v. ROSEMARIA PHILLIPS -- rank: 650

... 5367-18 2 wrongful eviction under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (the Act). After extensive litigation in ... to establish 'good cause' and grounds for eviction, pursuant to N.J.S.A. 2A:18-61.1(l)(3).' That section of the Act provides 'good ... in the Law Division asserted claims for wrongful eviction under N.J.S.A. 2A:18-61.6(b)5 and the common law, 3 There is ... Mathews, Esq., to serve as administrator for the Estate. 5 N.J.S.A. 2A:18-61.6(b) provides: 'If an owner purchases the premises pursuant ... made it impossible for them to personally occupy the unit. ________________ [N.J.S.A. 2A:18-61.6(l)] and thereafter arbitrarily fails to personally occupy the ... the Property to RAP, this cannot establish a violation of N.J.S.A. 2A:18-61.6 because it is axiomatic that the 'other tenant' ...

docket:	a5367-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-15
status:	Published
citation:
Document Size:	33086