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HARRY'S VILLAGE, INC. v. EGG HARBOR TP.

89 N.J. 576 (1982)

446 A.2d 862

HARRY'S VILLAGE, INC., PLAINTIFF-APPELLANT, v. EGG HARBOR TOWNSHIP, AND EGG HARBOR TOWNSHIP RENT REVIEW BOARD, DEFENDANTS, AND FORTY EIGHT STATES RESIDENTS ASSOCIATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 7, 1982.

Attorney(s) appearing for the Case

Maurice Y. Cole, Jr. argued the cause for appellant (Cole and Cole, attorneys; Maurice Y. Cole and William P. Busch, Jr. on the brief).

David G. Sciarra argued the cause for respondent (Joseph P. Murray, Director, Cape-Atlantic Legal Services, attorney).

Jorge O. Aviles, Gregory G. Diebold and Maureen C. Schweitzer submitted a brief on behalf of amicus curiae Legal Services of New Jersey (Timothy K. Madden, Director, Hudson County Legal Services, attorney).

The opinion of the Court was delivered by POLLOCK, J.

The issue in this case is whether a landlord, who has obtained a rent increase from a rent control board, must serve tenants with a notice to quit before the rent increase becomes effective. Resolution requires evaluation of the interrelationship between the common law, the anti-eviction act, N.J.S.A. 2A:18-53, 61.1 to -61.12, and a municipal rent control ordinance. We hold that, after receiving authorization...

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