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N.J. APT. ASS'N v. DIRECTOR, DIV. OF LOCAL GOV. SERV.

304 N.J. Super. 445 (1997)

NEW JERSEY APARTMENT ASSOCIATION, INC. AND LISMARC REALTY MANAGEMENT CORP., RECEIVER FOR DAKOTA REAL ESTATE CO., PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, AND SOCIETY HILL APARTMENT ASSOCIATION, L.P., PLAINTIFF/INTERVENOR, v. DIRECTOR, DIVISION OF LOCAL GOVERNMENT SERVICES, DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND TAX COLLECTOR, TOWNSHIP OF WASHINGTON, COUNTY OF GLOUCESTER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1997.

Attorney(s) appearing for the Case

Helen A. Nau argued the case for appellants/cross-respondents (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer and Gladstone, attorneys; Charles X. Gormally, of counsel; Ms. Nau, on the brief).

Daniel P. Reynolds, Deputy Attorney General, argued the cause for respondent/cross-appellant Director, Division of Local Government Services, (Peter Verniero, Attorney General, attorney; Joseph A. Yannotti, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).

Joseph A. Alacqua, attorney for respondent Tax Collector, Township of Washington, County of Gloucester, joins in the brief of respondent/cross-appellant Director, Division of Local Government Services.

Before Judges SHEBELL, D'ANNUNZIO and COBURN.

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

This appeal involves interpretation of the Tenants' Property Tax Rebate Act, N.J.S.A. 54:4-6.2 to -6.13 (the "Rebate Act"), consideration of its constitutionality, and evaluation of the validity of a rule, N.J.A.C. 33-3.8(a) and (b), promulgated by the Director of the Division of Local Government Services, which interpreted the Rebate Act in a manner which is argued to be inconsistent with the...

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