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FAIRKEN ASSOCIATES v. HUTCHIN

223 N.J. Super. 274 (1987)

538 A.2d 465

FAIRKEN ASSOCIATES, PLAINTIFF, v. CURTIS HUTCHIN, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County, Special Civil Part.

Decided December 18, 1987.

Attorney(s) appearing for the Case

Craig Weinstein (Lowen & Abut, P.A.), for plaintiff.

No one appeared for defendant, who was in default.

FAST, J.S.C.

This is an action for possession following the conversion of the subject unit to the condominium form of ownership. This case presents two issues, both of which appear not to have been reported in any New Jersey case.

The issues presented are:

1) Whether comparable housing must be offered when a tenant does not request it, and 2) Assuming that no such offer is required, did the landlord waive the benefit of having served the...

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