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ORANGE TAXPAYERS COUNCIL, INC. v. CITY OF ORANGE

83 N.J. 246 (1980)

416 A.2d 353

ORANGE TAXPAYERS COUNCIL, INC., A NEW JERSEY CORPORATION, THE TERRACE, INC., A NEW JERSEY CORPORATION, ARTHUR CLAY, ROBERT MANGUS AND CORA MANGUS, T/A ORANGE TOWERS, PLAINTIFFS-APPELLANTS, v. CITY OF ORANGE, A MUNICIPAL BODY POLITIC OF THE STATE OF NEW JERSEY, THE RENT LEVELING BOARD OF THE CITY OF ORANGE, EDWARD FERRARI, MARION STEWART, KENNETH CONDON, BEVERLY SAVAGE, RALPH PERRELLA, BRENDA HARRINGTON, ORANGE TENANTS ASSOCIATION, A/K/A "OTA" AND BARBARA DAVIS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 17, 1980.

Attorney(s) appearing for the Case

Walter R. Cohn argued the cause for appellants (Walter R. Cohn, attorney; Richard Flexner, on the brief).

Elliot M. Baumgart argued the cause for respondents City of Orange, The Rent Leveling Board of the City of Orange, Edward Ferrari, Marion Stewart, Kenneth Condon, Beverly Savage, Ralph Perella and Brenda Harrington (Elliot M. Baumgart, attorney; David H. Ben-Asher, of counsel and on the brief).

Joan Pransky argued the cause for respondents Orange Tenants Association a/k/a "OTA" and Barbara Davis (Timothy Weeks, Executive Director, Essex County Legal Services, attorney).

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

This is the third of three related cases challenging municipal power to prevent the deterioration of rented residential housing.1 Here we consider the validity of a rent control ordinance which prohibits increases in rent without a certification that a dwelling is in "substantial compliance" with municipal housing regulations.

On November 15, 1976, the City of Orange enacted...

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