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5 N.J.A.R. 291

Park Ridge, Borough of; Hickey, Mary Ann v
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Citation: 5 N.J.A.R. 291
Decision Date: 1983
Synopsis: Petitioner entered into an agreement for occupancy of a basement apartment in a zoning district designated for single-family occupancy. In 1982 the municipal construction official gave notice to the build- ing's owner that rental occupancy of the premises was illegal under the zoning ordinance. Petitioner was then evicted from her premises and applied for relocation assistance under N.J.A.C 5:11-1.2. The administrative law judge assigned to the case determined that petitioner had entered into a rental agreement which was contrary to a local zoning ordinance. The judge concluded that since petitioner's rental occupancy was unlawful under the Borough zoning ordinance, petitioner was not a lawful occupant under a program of zoning code enforcement within the meaning of N.J.A. C 5:11-1.2(a) and thus was not entitled to relocation assitance. Ben R. Cascio, Esq., for petitioner (Edwards & Gallo, attorneys) Alexander H. Carver III, Esq., for respondent (Scelza & Carver, attorneys)
Rule(s) Cited: 5:11-1.2 
Citation Tracker adopted-Dept. Community Affairs; affirmed -App. Div., A-3638-82, 3/22/84 (unreported) [Updated through 1991]