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PROPERTY OWNERS v. TOWN COUNCIL

264 N.J. Super. 523 (1993)

624 A.2d 1372

PROPERTY OWNERS AND MANAGERS ASSOCIATION, PLAINTIFF-RESPONDENT, v. TOWN COUNCIL OF PARSIPPANY-TROY HILLS, TOWNSHIP OF PARSIPPANY-TROY HILLS, AND MAYOR FRANK PRIORE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1993.

Attorney(s) appearing for the Case

John H. Dorsey argued the cause for appellants (Dorsey and Fisher, attorneys; Mr. Dorsey, of counsel and on the brief and reply brief).

Charles X. Gormally argued the cause for respondent (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Gormally, of counsel and on the brief; Steven L. Fox, on the brief).

Before Judges J.H. COLEMAN, SHEBELL and A.M. STEIN.

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

The issue presented is whether a municipality, in the absence of a rent control ordinance, may require property owners to remit property tax reductions and rebates to tenants. We conclude it may not.

On February 26, 1991, the Township of Parsippany-Troy Hills (Township) adopted Ordinance 91:10 (Ordinance) providing that owners of multi-residential apartments with six or more rented units must refund...

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