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GATEWAY APTS. v. MAYOR & TP. COUN. OF NUTLEY TP.

Civ. A. No. 84-2830.

605 F.Supp. 1161 (1985)

GATEWAY APARTMENTS, INC., Plaintiff, v. The MAYOR AND TOWNSHIP COUNCIL OF the TOWNSHIP OF NUTLEY, Township of Nutley, and Rent Leveling Board of the Township of Nutley, Defendants.

United States District Court, D. New Jersey.

March 28, 1985.

Attorney(s) appearing for the Case

Ribis, McCluskey, Ruane & Graham by George G. Frino, Short Hills, N.J., for plaintiff.

Anthony T. Drollas, Nutley, N.J., for Mayor and Tp. Council of Nutley and Nutley Tp.

Michael E. Cozine, Nutley, N.J., for Rent Leveling Bd. of Nutley.

OPINION

SAROKIN, District Judge.

INTRODUCTION

This matter involves a constitutional attack upon a municipal ordinance which requires landlords to share seventy-five percent of tax rebates with their tenants. The ordinance is predicated upon certain obvious realities in the world of residential landlord and tenant relations. Rents are based upon expenses, and real estate taxes make up a substantial...

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