Search Rutgers Law Library N.J. Court Opinions

1 State of New Jersey v. Gene Hinton -- rank: 1000

... A. 2A:18-53 to -71, the Tenant Hardship Act, N.J.S.A. 2A:42-10.6 to -10.9, the Fair Eviction Notice Act, N.J.S.A. 2A:42-10.15 to -10.16, and the court rules. With exceptions ... the court for a stay” of the warrant’s execution, N.J.S.A. 2A:42-10.16(a); (2) notice of the provision by which the ... upon the tenant,” with weekends and court holidays excluded, N.J.S.A. 2A:42-10.16(b); (3) notice regarding the procedures by which a ... statute, N.J.S.A. 2A:18-72 to -84, N.J.S.A. 2A:42-10.16(e); and (4) notice of the duties of law enforcement officers, N.J.S.A. 2A:42-10.16(e). The issuance of the warrant of removal ...

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

2 HOUSING AUTHORITY OF THE TOWN OF MORRISTOWN V. CATHY LITTLE -- rank: 894

... from the Authority, a public-housing agency created pursuant to N.J.S.A. 2A:42-10.6. Id. at 370-71. The Appellate Division opinion relied ... order had unlawfully exceeded the six-month limit imposed by N.J.S.A. 2A:42-10.6. 69 N.J. 300 -01. ����The Appellate Division noted ... be executed until three days after its issuance. See ibid. ; N.J.S.A. 2A:42-10.16. The Special Civil Part has jurisdiction to hear applications ... days after the warrant of removal has been executed. See N.J.S.A. 2A:42-10.16. A form of relief frequently granted by the courts ... suffer hardship because of the unavailability of other dwelling accommodations * * * ." N.J.S.A. 2A:42-10.6. A court may not issue or continue a stay ... tenant fails to pay future rent as it becomes due. N.J.S.A. 2A:42-10.6. ����Therefore, the Act enables courts to grant discretionary ...

docket:	a-54-93
court:	njsupreme
decided:	1994-04-11
status:
citation:	135 N.J. 274
Document Size:	54824

3 Community Realty Management, Inc., for Wrightstown Arms Apartments v. Nedra Harris -- rank: 879

... for summary dispossess for non-payment of rent based on N.J.S.A. 2A:42-10.6. ����On November 3, 1995, Community sent Harris a letter ... Appellate Division further concluded that although the Tenant Hardship Act, N.J.S.A. 2A:42-10.6, grants the trial court the power to stay an ... of up to six months from the entry of judgment. N.J.S.A. 2A:42-10.6. ����We recognize "that the oral pronouncement of a judgment ... Anti-Eviction Act and the Landlord Tenant Anti-Reprisal Law, N.J.S.A. 2A:42-10.9. To permit execution of the warrant of removal in ...

docket:	a-82-97
court:	njsupreme
decided:	1998-07-20
status:
citation:	155 N.J. 212
Document Size:	82764

4 806 6TH ST HCPVI LLC v. ANA TINEO REYES -- rank: 879

... 1, 2020, as part of the Fair Eviction Notice Act, N.J.S.A. 2A:42-10.15 to -10.17. The Stack legislation provides a tenant ... protected under its statutory scheme. In 2019, this State enacted N.J.S.A. 2A:42-10.16a, which pertains to nonpayment of rent in eviction actions ... within the three business day period established by this subsection. [ N.J.S.A. 2A:42-10.16a(a) (emphasis added).] Since the court did not make ...

docket:	a1383-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-10
status:	Unpublished
citation:
Document Size:	44347

5 806 6TH ST. HCPVI, LLC v. NELSON NUNEZ -- rank: 849

... court's decision to deny his application was contrary to N.J.S.A. 2A:42-10.16a (Stack Amendment1), which became effective on March 1, 2020, as part of the Fair Eviction Notice Act, N.J.S.A. 2A:42-10.15 to 10.17. We conclude the Stack Amendment does ... 9, 2020, conditioned on defendant's 1 We refer to N.J.S.A. 2A:42-10.16a as the Stack Amendment because Senator Brian P. Stack ... the rent and [accordingly] move to vacate the judgment under N.J.S.A. 2A:42-10.16(a).' At the motion hearing, plaintiff argued the Stack ... removal to provide the tenant more time to relocate, or N.J.S.A. 2A:42:10.6, which allows the court to grant tenants a hardship ... within the three business day period established by this subsection. [ N.J.S.A. 2A:42-10.16a(a) (emphasis added).] Against this legal backdrop, we ...

docket:	a0753-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-23
status:	Unpublished
citation:
Document Size:	34609

6 CCM COMPANY, L.P v. THOMAS TSELENTAKIS -- rank: 816

... 6 to -10.9, for a hardship stay pursuant to N.J.S.A. 2A:42-10.6 was made and no plenary hearing on the issue ... the six-month period for a hardship stay permitted by N.J.S.A. 2A:42-10.6 had passed or was about to pass, the judge ... after the date of entry of the judgment of possession." N.J.S.A. 2A:42-10.6. In this case, the stay extended for an impermissible ... six months earlier. Order at 2-3. With respect to N.J.S.A. 2A:42-10.6, the panel concluded that "the statute only permits a ...

docket:	a0937-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	37341

7 SYCAMORE RIDGE APARTMENTS v. L.M.G -- rank: 783

... with time to obtain new housing following this decision. See N.J.S.A. 2A:42-10.6 (stating that, if it appears the tenant will "suffer ...

docket:	a5552-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-14
status:	unpublished
citation:
Document Size:	50431

8 NATACHA SMITH v. JOCELYNE VIECELI -- rank: 753

... order. In support of its position, the court relied on N.J.S.A. 2A:42-10.12 which provides: [T]he judge of the court having ... 5, 2020, we denied plaintiff's emergent application for 2 N.J.S.A. 2A:42-10.1 applies to rent-controlled properties. Here, the court should have applied N.J.S.A. 2A:42-10.6, which contains near-identical language. A-2615-19 11 ... appeal is moot. A-2615-19 21 In any event, N.J.S.A. 2A:42-10.6 permits a judge in a possessory action of any ... direct violation of the six-month time limit delineated in N.J.S.A. 2A:42-10.6. Accordingly, the trial court properly denied plaintiff's order ... housing, it was nevertheless constrained by the plain -language of N.J.S.A. 2A:42-10.6. West, 69 N.J. at 301 (noting that ...

docket:	a2615-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-09
status:	Unpublished
citation:
Document Size:	39010

9 FROMET PROPERTIES, INC. VS DELORES BUEL, ET AL -- rank: 753

... that plaintiff's intended rent increase was not "unconscionable" under N.J.S.A. 2A:42-10.12. In considering this appeal, we are asked to resolve ... conflicting, reported trial court decisions analyzing unconscionable rent increases under N.J.S.A. 2A:42-10.12 which addresses retaliatory rent increases. ����Defendants-tenants appeal, contending ... to raise the rent was not retaliatory as defined in N.J.S.A. 2A:42-10.10, which provides: ������������No landlord of premises or units to ... or to continue a tenancy of the tenant without cause. ��������[ N.J.S.A. 2A:42-10.10 (footnote omitted).] ���� N.J.S.A. 2A:42-10.12 creates a presumption of a retaliatory motive under certain ... date set forth in the lease agreement, whichever later occurs. ��������[ N.J.S.A. 2A:42-10.12.] ����Against the background of the quoted statutes, we ...

docket:	a334-95
court:	njappellate
decided:	1996-11-06
status:	published
citation:	294 N.J.Super. 601
Document Size:	34229

10 HOUSING AUTHORITY OF THE CITY OF BAYONNE v. DEBORAH MIMS et al. -- rank: 749

... thereby violating the Tenant Reprisal Act (TRA or the Act), N.J.S.A. 2A:42-10.10 to -10.14. Ordinarily, such a finding would void ... defendants' defense that the Authority acted in retaliation, thereby violating N.J.S.A. 2A:42-10.10, which reads in pertinent part as follows: No landlord ... Ms. Mims' complaints to secure her rights under the law. N.J.S.A. 2A:42-10.10 a. and b. The remedy urged by Defendants is ... rebuttable presumption that arises once a tenant makes a complaint. N.J.S.A. 2A:42-10.12 and that in spite of the Plaintiff's many ... That statute was repealed when the TRA was enacted. See N.J.S.A. 2A:42-10.10, creating a civil remedy for an aggrieved tenant. Taylor ...

docket:	a5158-05
court:	njappellate
decided:	2007-10-15
status:	published
citation:	*CITE_PENDING*
Document Size:	62725

11 FRANKLIN LAKES AFFORDABLE REALTY LLC v. BRADFORD VANCE -- rank: 737

... N.J.S.A. 10:5-1 to -42, and N.J.S.A. 2A:42-10.10 to - 10.14; (4) fraudulent concealment; (5) lack of ... is a statutory defense to eviction of a residential tenant: N.J.S.A. 2A:42-10.10 prohibits the landlord from evicting a tenant '[a]s ...

docket:	a0610-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-10
status:	Unpublished
citation:
Document Size:	26628

12 FLEMINGTON SOUTH GARDENS, INC v. JEFFREY MINTS -- rank: 734

... Farrakhan, 390 N.J. Super. 335, 341 (App. Div. 2007). N.J.S.A. 2A:42-10.10 provides that a landlord cannot institute an action to ... its objective the regulation of premises used for dwelling purposes.' N.J.S.A. 2A:42-10.12(a) creates a rebuttable presumption of retaliation if a ...

docket:	a1096-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-11
status:	Unpublished
citation:
Document Size:	27935

13 DONNA MCGOVERN v. MICHAEL QUINTELA -- rank: 725

... against defendant in the Special Civil Part asserting claims under N.J.S.A. 2A:42-10.10, which provides, among other things, that a landlord may ... to support a meritorious defense. Plaintiffs' claim is based upon N.J.S.A. 2A:42-10.10, which provides in pertinent part: No landlord of premises ... fact, be considered a meritorious defense to plaintiffs' claim under N.J.S.A. 2A:42-10.10. In addition, defendant argues that while the statute permits ... by plaintiffs in connection with those actions are "damages" under N.J.S.A. 2A:42-10.10. There also is a question of whether a court ... counsel fees incurred by plaintiffs in pursuing an action under N.J.S.A. 2A:42-10.10. Reversed and remanded for further proceedings consistent with this ...

docket:	a1164-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-10
status:	unpublished
citation:
Document Size:	37273

14 JN EQUITY PERTH AMBOY, LLC VS. JIMMY HIRALDO -- rank: 707

... it was required to accept the rent payments pursuant to N.J.S.A. 2A:42-10.16(a), because that statute applies only in nonpayment of ... it was required to accept the rent payments pursuant to N.J.S.A. 2A:42-10.16(a) and N.J.S.A. 46:8-49 ... was required to accept Hiraldo's rent payments pursuant to N.J.S.A. 2A:42-10.16(a) and N.J.S.A. 46:8-49.3 lacks merit. As the court correctly determined, N.J.S.A. 2A:42-10.16(a) applies only A-0636-22 5 to 'an ... A. 46:8-49.3 applies to a violation of N.J.S.A. 2A:42-10.16(a). This was not an eviction action for nonpayment ...

docket:	a0636-22
court:	appellate
decided:	2024-04-18
status:	Unpublished
citation:
Document Size:	19131

15 PIKE RUN II, L.L.C v. VOKAYE PARKER -- rank: 668

... that a stay of the eviction would be improper under N.J.S.A. 2A:42-10.6 and Housing Authority of Morristown v. Little , 135 N ... the court's decision was contrary to the provisions of N.J.S.A. 2A:42-10.6, which is the heart of the Tenant Hardship Act, L. 1957, c. 110, N.J.S.A. 2A:42-10.6 to -10.9. The statute provides: Judge to use ... during the stay, willfully destroy, damage or injure the premises. [ N.J.S.A. 2A:42-10.6 (emphasis added).] The landlord emphasizes the underscored clauses of ... to its statutory power to grant a hardship stay under N.J.S.A. 2A:42-10.6. The Court confirmed generally that: "A motion under Rule ... of residential premises despite a judgment for possession. Nothing in N.J.S.A. 2A:42-10.6 suggests that the tenant's potential defenses to ...

docket:	a5970-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-18
status:	Published
citation:
Document Size:	26518