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MAYES v. JACKSON TP. RENT LEVELING BD.

103 N.J. 362 (1986)

511 A.2d 589

JOE J. MAYES, TRADING AS JACKSON ESTATES, PLAINTIFF-APPELLANT, v. JACKSON TOWNSHIP RENT LEVELING BOARD, TOWNSHIP OF JACKSON AND JACKSON TOWNSHIP COMMITTEE, DEFENDANTS-RESPONDENTS, AND JACKSON ESTATES MOBILE HOME-OWNERS ASSOCIATION, INTERVENOR-RESPONDENT. HAMILTON TOWERS, INC., A NEW JERSEY CORPORATION AND FULTON HOUSE ASSOCIATES, A LIMITED PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF WEEHAWKEN, A BODY POLITIC, AND THE RENT LEVELING BOARD OF THE TOWNSHIP OF WEEHAWKEN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 1, 1986.

Attorney(s) appearing for the Case

Michael E. Levin argued the cause for appellant Joe J. Mayes, etc. (Levin, Shea & Pfeffer, attorneys; Michael E. Levin, and Margaret McMahon, on the briefs).

James J. Byrnes argued the cause for appellants Hamilton Towers, Inc., etc., et al. (Byrnes & Guidera, attorneys).

Joseph F. Martone argued the cause for respondents Jackson Township Rent Leveling Board, et al. (Stanzione, Stanzione, Martone & Rosen, attorneys).

Connie M. Pascale argued the cause for intervenor-respondent.

Richard P. Venino argued the cause for respondents Township of Weehawken, etc., et al. (Venino and Venino, attorneys).

Christopher J. Hanlon submitted a brief in Mayes v. Jackson Township Rent Leveling Board on behalf of amicus curiae Manufactured Housing Assoc., Inc. in New Jersey (Gross & Hanlon, attorneys).

The opinion of the Court was delivered by O'HERN, J.

These cases present challenges to certain rent control provisions found in two municipal ordinances. Both ordinances use an investment-based formula to determine adjustments of allowable rents to assure a fair return to the owners. In both cases the Law Division upheld the ordinances and the Appellate Division affirmed substantially for the reasons stated by the trial court. We granted certification in these two...

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