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HOUSING AUTHORITY OF NEWARK v. WEST

132 N.J. Super. 229 (1975)

333 A.2d 290

HOUSING AUTHORITY OF THE CITY OF NEWARK, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SUSIE WEST, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1975.

Attorney(s) appearing for the Case

Mr. Richard A. Conti argued the cause for the appellant (Friedman & D'Allessandro, attorneys).

Mr. Stanley Varon argued the cause for the respondent (Mr. Anthony J. Marinello on the brief).

Before Judges LYNCH, ALLCORN and FURMAN.

PER CURIAM.

In a summary proceeding to dispossess a tenant for nonpayment of rent under N.J.S.A. 2A:18-53, once the default has been established and judgment for possession has been entered, the county district court is without jurisdiction to stay the issuance of the warrant for removal, absent proof that "the tenant will suffer hardship because of the unavailability of other dwelling accommodations"; and even where the unavailability of other housing has...

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