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OAKWOOD PLAZA APARTMENTS v. SMITH

800 A.2d 265 (2002)

352 N.J. Super. 467

OAKWOOD PLAZA APARTMENTS, Plaintiff-Appellant, v. Andrea SMITH, Defendant, and The Minor Children of Andrea Smith by Tamia Feaster, Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2002.

Attorney(s) appearing for the Case

Jeffrey R. Kuschner, Montclair, argued the cause for appellant.

Janice Chapin, Elizabeth, argued the cause for intervenors-respondents (Union County Legal Services Corp., attorneys; Ms. Chapin, on the brief).

Before Judges WEFING, PARRILLO, and PAYNE.

The opinion of the court was delivered by PAYNE, J.S.C.(temporarily assigned).

In this appeal, we are again called upon to decide whether innocents may be evicted from their governmentally-subsidized apartment because of the drug-related activity of a family member.

This matter was commenced as an eviction action by a Section 8 landlord against its tenant, head-of-household Andrea Smith, who had been arrested for drug-related activity. By the time that suit...

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