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OVERLOOK TER. MANAGE. v. RENT CONTROL BD. OF W. NEW YORK

71 N.J. 451 (1976)

366 A.2d 321

OVERLOOK TERRACE MANAGEMENT CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. RENT CONTROL BOARD OF THE TOWN OF WEST NEW YORK, NEW JERSEY AND TOWN OF WEST NEW YORK, NEW JERSEY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND OVERLOOK TENANTS ASSOCIATION AND JOYCE BARRETT, DAVID HARDY, THELMA SPENCER AND ANGELO ROMANO, INTERVENORS-RESPONDENTS, AND WILLIAM L. JOHNSON, ACTING EXECUTIVE DIRECTOR, NEW JERSEY HOUSING FINANCE AGENCY, INTERVENOR-CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided November 10, 1976.

Attorney(s) appearing for the Case

Mr. James E. Flynn argued the cause for appellant (Mr. James P. Dugan, attorney).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for cross-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman of counsel; Mr. Paul C. O'Connell, Deputy Attorney General, on the brief).

Mr. Barry Sarkisian argued the cause for respondents Rent Control Board of the Town of West New York, et al. (Mr. Sidney I. Turtz, attorney).

Mr. Arthur Penn, Director of Division of Public Interest Advocacy, argued the cause for respondents Overlook Tenants Association, et al. (Mr. Stanley C. Van Ness, Public Advocate, attorney).

The opinion of the court was delivered by SCHREIBER, J.

This appeal projects the issue of whether a municipal rent control ordinance may restrict rental increases approved and ordered by the New Jersey Housing Finance Agency, a state agency "exercising public and essential governmental functions", N.J.S.A. 55:14J-4(a), for dwelling units in a housing project which is financed, supervised and regulated by that Agency.

The plaintiff Overlook Terrace Management...

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