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DEMPSEY v. MASTROPASQUA

242 N.J. Super. 234 (1990)

576 A.2d 335

ROBERT W. DEMPSEY AND KATHLEEN TORTORA, PLAINTIFFS-APPELLANTS, v. ANGELA MASTROPASQUA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Arthur E. Balsamo, attorney for appellants (Frank Tortora, on the brief and letter reply brief).

Ronald Schwartz, attorney for respondent (Ronald Schwartz, on the letter brief).

Before Judges J.H. COLEMAN, MUIR, Jr., and SKILLMAN.

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

The Anti-Eviction Act, N.J.S.A. 2A:18-61.1, exempts from its provisions owner-occupied premises with not more than two rental units. This appeal raises three issues concerning the meaning of the exemption: (1) whether a bona fide owner of 3.5 per cent of the premises can qualify for owner-occupier status; (2) whether a building with three residential units and, therefore, three potential rental units...

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