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10 N.J.A.R. 52

Passaic, City of; Martha Haddock, et al. v
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Citation: 10 N.J.A.R. 52
Decision Date: 1985
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: The City of Passaic denied petitioners' request for rclocation benefits. Petitioners alleged the denial was improper and the matter was transmitted to the Office of Administrative Law. During a prehearing conference, the parties agreed to submit the matter for summary decision to be based on briefs and stipulated facts. Petitioners, tenants in three apartment buildings in Passaic, were being evicted pursuant to N.J.S.A. 2A:18-61tl(g) because their land- lords had been cited for overcrowding. In all cases, more persons were living in the apartments than was permitted by the Property Mainten- ance Code of the City of Passaic. The administrative law judge found that the petitioners were lawful tenants, the City of Passaic was the displacing agency and that petitioners were entitled to relocation assistance pursuant to N.J.S.A. 52:31B-2, N.J.S.A. 52:31B-4(a), N.J.S.A 20:4-2, N.J.A.C 5:11-2.1(a) and N.J.A.C 5:11-2.3(a). Respondents had relied on an unreported Appellate Division decision wherein petitioner was deemed to be an unlawful occupant because-the occupancy violated a zoning ordinance and, therefore, relocation assistance was denied. Ihe administrative law judge held the unreported case was inapplicable because it in- volved a zoning ordinance, whereas N.J.S.A 20:4-2 provides reloca- State of New Jersey 53 Haddock r. Passaic tion assistance for persons displaced by building code enforcement activities. Summary decision was granted to petitioners and the City of Passaic was ordered to provide relocation assistance in accordance with subchapters 3 and 4 of N.J.A.C 5:11. Upon review, this initial decision was adopted by the Department of Community Affairs. Peggy Earlsman, Esq., for petitioners (Passaic County kegal Aid Society) John J. McKniff, Esq., for respondent
Rule(s) Cited: 5:11-2.1(a) 5:11-2.3(a) 5:11-3 5:11-4 
Statute(s) Cited: 20:4-2 
Citation Tracker adopted-Dept. of Comm. Affairs; aft. p. rev'd & rein'd-217 N.J. Super. 592 (App. Div., 1987); certification denied-108 N.J. 645 (1987) [Updated through 1991]