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HOUSING AUTH. OF NEWARK v. RAINDROP

287 N.J. Super. 222 (1996)

670 A.2d 1087

HOUSING AUTHORITY OF THE CITY OF NEWARK, PLAINTIFF-RESPONDENT, v. CAROL RAINDROP, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1996.

Attorney(s) appearing for the Case

Joseph D. Rotella argued the cause for appellant (Poss & Rotella, attorneys; Mr. Rotella and Mary M. Therous, on the brief).

Elio R. Mena argued the cause for respondent.

David G. Sciarra, Senior Attorney, argued the cause for amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Mr. Sciarra, on the brief).

Zisa, Hitscherich and Argo, attorneys for amicus curiae Housing Authority of the City of Hackensack (Joseph C. Zisa, Jr., of counsel; Anthony L. Argo, Jr., on the brief).

DeCotiis, Fitzpatrick & Gluck, attorneys for amicus curiae New Jersey Chapter of the National Association of Housing and Redevelopment Officials (Michael R. DeCotiis, of counsel; Joseph M. DeCotiis, on the brief).

Verp and Leddy, attorneys for amicus curiae Housing Authority of the City of Paterson (Stephen A. Verp, on the brief).

Before Judges LONG, MUIR, Jr., and LOFTUS.

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

This is a summary dispossess action to terminate a public housing tenancy on grounds that tenant's son conducted drug-related activity on the leased premises. See N.J.S.A. 2A:18-61.1.p. The trial court ruled the statute imposed strict liability on the tenant for the son's conduct, making need for proof of tenant's actual knowledge of the drug activity irrelevant. It found this interpretation of the...

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