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HOUSING AUTHORITY OF TOWN OF MORRISTOWN v. LITTLE

135 N.J. 274 (1994)

639 A.2d 286

HOUSING AUTHORITY OF THE TOWN OF MORRISTOWN, PLAINTIFF-RESPONDENT, v. CATHY LITTLE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 11, 1994.

Attorney(s) appearing for the Case

Gerald R. Brennan argued the cause for appellant (William F. Matrician, Legal Director, Legal Aid Society of Morris County, attorney).

Erica Sawyer argued the cause for respondent (Mandel, Berezin, Booker & Rodner, attorneys; Ernest R. Booker, of counsel).

David G. Sciarra, Senior Attorney, argued the cause for amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Mr. Miller, Mr. Sciarra, and Cesar Torres, Managing Attorney, on the brief).

Claudette L. St. Romain submitted a brief on behalf of amicus curiae Hudson County Legal Services Corp. (Timothy K. Madden, Director, attorney).

The opinion of the Court was delivered by STEIN, Justice.

The issue presented by this appeal is whether N.J.S.A. 2A:42-10.6 of the Tenant Hardship Act, which grants courts the power to stay an eviction up to a maximum of six months, restricts a court's power to vacate a judgment for possession on equitable grounds pursuant to Rule 4:50-1.

The Housing Authority of the Town of Morristown (Authority) instituted a summary dispossess action against...

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