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HARRISON ASSOCIATES v. RENT LEVELING BD.

215 N.J. Super. 1 (1986)

520 A.2d 1150

HARRISON ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. THE RENT LEVELING BOARD OF THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, AND JEFF STARBUCK AND JILL STEIN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1986.

Attorney(s) appearing for the Case

Harrison & Schlossberg, attorneys for appellant (Harlan L. Schlossberg and Michael Harrison of counsel; Harlan L. Schlossberg on the brief).

Joseph Fisch, attorney for respondent (Joseph Fisch on the brief).

Before Judges KING, DEIGHAN and HAVEY.

The opinion of the court was delivered by HAVEY, J.A.D.

The issue raised by this appeal is whether a provision in a rent leveling ordinance requiring 60-days' notice of increase in rent is preempted by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 and -61.2, which provides for only one month's notice to quit and notice of rent increase as a condition precedent to an eviction proceeding. We hold that there is no preemption and therefore reject plaintiff's claim...

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