MARINE VIEW HOUSING CO. v. BENOIT


188 N.J. Super. 539 (1982)

457 A.2d 1241

MARINE VIEW HOUSING COMPANY NO. 1, PLAINTIFF, v. EDGAR AND ERMA BENOIT, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

November 19, 1982.


Attorney(s) appearing for the Case

Milton, Keane & Brady for plaintiff (Michael D. O'Shea appearing).

Robert C. Damm for defendants.


CASTANO, J.S.C.

This case poses the previously unanswered question of whether tenants of a New Jersey Housing Finance Agency (HFA) residential project who fail to pay an agency-approved rent increase may, in a summary dispossess action instituted because of their failure to pay the increase, assert as a defense that the increase was "unconscionable." They may not.

The issue is before the court on a motion for partial summary judgment by the owner (Marineview...

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