KRAVITZ v. MURPHY

DOCKET No. A-1584-20.

260 A.3d 880 (2021)

468 N.J. Super. 592

Charles KRAVITZ, Dawn Johanson-Kravitz, Little Harry's LLC, Margarita Johnson, John Johnson, Two Bears Property Management, Andrew Van Hook, and Union Lake Enterprises, LLC, Plaintiffs-Appellants, v. Philip D. MURPHY, in his official capacity as Governor of New Jersey, Gurbir S. Grewal, in his official capacity as New Jersey Attorney General, and Judith M. Persichilli, in her official capacity as Commissioner of the New Jersey Department of Health, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2021.


Attorney(s) appearing for the Case

Jared McClain (New Civil Liberties Alliance) of the Maryland bar, admitted pro hac vice, argued the cause for appellants (Zimolong, LLC, Jared McClain , and Harriet Hageman (New Civil Liberties Alliance) of the Wyoming, Colorado and Nebraska bars, admitted pro hac vice, attorneys; Jared McClain , Harriet Hageman , Kara Rollins and Walter S. Zimolong , on the briefs).

Stuart M. Feinblatt , Assistant Attorney General, argued the cause for respondents ( Gurbir S. Grewal , Attorney General, attorney; Jeremy M. Feigenbaum , State Solicitor, Alec Schierenbeck , Deputy State Solicitor, and Melissa Raksa , Assistant Attorney General, of counsel; Stuart M. Feinblatt , of counsel and on the brief; Tim Sheehan , Deputy Attorney General, on the brief).

Joseph C. O'Keefe (Proskauer Rose LLP), Lindsey Olsen Collins (Proskauer Rose LLP), of the New York bar, admitted pro hac vice, and Michelle M. Ovanesian (Proskauer Rose LLP), of the California, Delaware and District of Columbia bars, admitted pro hac vice, attorneys for amici curiae Fair Share Housing Center, Lawyers' Committee for Civil Rights Under Law, Housing & Community Development Network of New Jersey, National Association for the Advancement of Colored People — New Jersey State Conference, and the New Jersey Latino Action Network ( Joseph C. O'Keefe , Newark, Lindsey Olsen Collins and Michelle M. Ovanesian , on the brief).

Before Judges Messano, Hoffman and Smith.


The opinion of the court was delivered by

Appellants — five individuals and three businesses — own or manage New Jersey properties leased to residential tenants. Appellants' tenants all paid security deposits of varying amounts in connection with their leases. As a result of COVID-19, on April 24, 2020, Governor...

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