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HOUSING AUTH. & URBAN REDEVELOPMENT AGENCY v. TAYLOR

796 A.2d 193 (2002)

171 N.J. 580

HOUSING AUTHORITY & URBAN REDEVELOPMENT AGENCY OF THE CITY OF ATLANTIC CITY, Plaintiff-Respondent, v. Vanessa TAYLOR, Defendant-Petitioner.

Supreme Court of New Jersey.

Decided February 26, 2002.

Attorney(s) appearing for the Case

Kenneth M. Goldman, Atlantic City, argued the cause for appellant (Douglas E. Gershuny, Executive Director, Cape-Atlantic Legal Services, Inc., attorney).

Natonya C. Phillips, Cherry Hill, argued the cause for respondent (Zeller & Bryant, attorneys).

Joseph Harris David argued the cause for amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., Director, attorney; Mr. David and Mr. Miller, on the brief).

Elio R. Mena, Newark, submitted a brief on behalf of amicus curiae Housing Authority of the City of Newark.

Anthony L. Argo, Jr., Hackensack, submitted a letter brief on behalf of amicus curiae Housing Authority of the City of Hackensack (Zisa, Hitscherich & Argo, attorneys).

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

In this appeal, we consider 42 U.S.C.A. § 1437a(a)(1) (Brooke Amendment), which limits the amount of rent that public housing tenants can be charged. The question before us is whether the Brooke Amendment prohibits a public housing authority (PHA) from assessing tenants attorneys' fees, late charges, and court costs in an eviction proceeding where the express...

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