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Monday, October 22, 2007

Housing Authority of the city of Bayonne v. Deborah Mims

10-15-07 A-5158-05T3

In this eviction action, the trial court found that
plaintiff had established grounds for eviction but also found
that the action was retaliatory, in violation of the Tenant
Reprisal Act (TRA), N.J.S.A. 2A:42-10.10 to -10.14. However,
the judge then determined that the TRA was preempted by federal
law governing public housing authorities. We reversed,
concluding that the TRA was not preempted by the federal
statutes and regulations.