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DOME REALTY, INC. v. CITY OF PATERSON

150 N.J. Super. 448 (1977)

375 A.2d 1240

DOME REALTY, INC., ET AL., PLAINTIFFS-RESPONDENTS, v. CITY OF PATERSON ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Mr. Joseph A. La Cava, Paterson Corporation Counsel, attorney for appellants (Mr. Henry Ramer, First Assistant Corporation Counsel, of counsel and on the brief).

Mr. Meyer Lobsenz, attorney for respondents (Mr. Theodore A. Lobsenz, on the brief).

Before Judges CARTON, KOLE and LARNER.

The opinion of the court was delivered by LARNER, J.A.D.

This appeal involves the constitutionality of a provision of the rent control ordinance of the City of Paterson which establishes a condition precedent to the right of a landlord to recover from tenants the amount of an increase in real estate taxes through a tax surcharge. The ordinance generally permits a landlord to pass on to tenants the amount of any annual increase in taxes. However the clause in question...

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