CROMWELL ASSOCIATES v. MAYOR AND COUNCIL OF CITY OF NEWARK


211 N.J. Super. 462 (1985)

511 A.2d 1273

CROMWELL ASSOCIATES, A PARTNERSHIP, PLAINTIFF, v. MAYOR AND COUNCIL OF THE CITY OF NEWARK, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided November 7, 1985.


Attorney(s) appearing for the Case

Sheppard A. Guryan for plaintiff (Lasser, Hochman, Marcus, Guryan and Kusken, attorneys; Sheppard A. Guryan and Bruce H. Snyder on the brief).

Kathleen C. Goger for defendants (Rosalind Lubetsky Bressker, Corporation Counsel for City of Newark, attorney).

Paul J. Giordano and Chester Wiech, Jr. for defendants-intervenors the Cromwell Terrace Tenants Association (Sandra A. Robinson, Director of Essex-Newark Legal Services, attorney; Paul J. Giordano, Chester Wiech, Jr. and Felipe Chavana on the brief).


MARGUERITE T. SIMON, J.S.C.

Attacks on the facial constitutionality of rent-control ordinances have inundated the courts since Inganamort v. Borough of Fort Lee, 62 N.J. 521 (1973), which held that municipalities have the power to enact such ordinances in the face of critical housing shortages. However, this is a case of first impression. The issue here is whether an ordinance

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