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Wednesday, November 18, 2009

11-16-09 OSORIA v. WEST NEW YORK RENT CONTROL BOARD, ET AL.

11-16-09 GLORIA OSORIA v. WEST NEW YORK RENT CONTROL BOARD, ET AL.
A-1596-08T1

The rental building in this case was covered by a rent control ordinance but was converted to one that became exempt under the language of the ordinance. We hold that the ordinance provides tenant protections that are at least coextensive with the protections of the Anti-Eviction Act, but neither the ordinance nor the Anti-Eviction Act implicitly creates vested rights of a pre-conversion tenant beyond its explicit terms. As to the latter point, we agree with a similar holding in Dempsey v. Mastropasqua, 242 N.J. Super. 234 (App. Div. 1990), and disagree with the contrary holding of Surace v. Papachristou, 244 N.J. Super. 70 (App. Div. 1990). We also disapprove Judge Fast's contrary holding in Chambers v. Nunez, 217 N.J. Super. 202 (Law Div. 1986).


Assistant Editor: Umair Hussain