HELMSLEY v. BOROUGH OF FORT LEE


78 N.J. 200 (1978)

394 A.2d 65

HARRY B. HELMSLEY, ET ALS., PLAINTIFFS-APPELLANTS, v. BOROUGH OF FORT LEE, ET ALS., DEFENDANTS-RESPONDENTS. AMERICANA ASSOCIATES, ET ALS., PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. BOROUGH OF FORT LEE, ET ALS., DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS. NEW JERSEY REALTY COMPANY, ET ALS., PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. BOROUGH OF FORT LEE, ET ALS., DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided October 17, 1978.


Attorney(s) appearing for the Case

Mr. Richard F. Aronsohn, Mr. Martin Kesselhaut and Mr. David N. Ravin argued the cause for appellants (Messrs. Aronsohn, Kahn and Springstead and Messrs. Ravin and Kesselhaut, attorneys; Mr. Aronsohn, Ms. Lauren B. Cohen, Mr. Kesselhaut and Mr. Bernard Schenkler, on the briefs).

Mr. William T. Reilly, argued the cause for respondents (Messrs. McCarter and English, attorneys; Mr. Richard C. Cooper, of counsel).

Mr. Kenneth Meiser argued the cause for defendant-intervenor, New Jersey Department of the Public Advocate (Mr. Stanley C. Van Ness, Public Advocate of New Jersey, attorney).

Mr. John Atlas, Ms. Joan Pransky and Mr. Ronald Atlas submitted a brief on behalf of amici curiae The New Jersey Tenants Organization, The Essex County Housing Coalition, and The East Orange Tenants Organization.


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

Rent control ordinances have proliferated in the five years following this Court's decision in Inganamort v. Borough of Fort Lee, 62 N.J. 521 (1973), which upheld a municipality's power to enact such an ordinance. The principles governing attacks on the facial validity of rent control ordinances were discussed at length in Hutton Park Gardens v. West Orange Town Council...

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