*366 Jackson Township adopted an ordinance applicable to mobilehome rentals in 1973. The average monthly rentals allowed for the park for 1982 were $143.61 on 150 spaces and $148.83 on nine spaces in the park. The Jackson Township case involves an application for rental increases for a 165-space mobile home park. The Weehawken ordinance defines a fair return on investment as up to six percent above available passbook interest rates applied essentially to the owner's cash investment in the property. At the time of plaintiffs' application, the ordinance allowed (1) an automatic inflationary increase of four percent a year in base rent, (2) tax surcharges to tenants for increases in municipal property taxes, and (3) a hardship increase if the landlord cannot (a) meet operating expenses or (b) make a fair return on investment. Weehawken adopted a rent control ordinance effective January 1, 1974. For purposes of analysis, the plaintiffs' expenses were combined to constitute the landlord's expenses. is the owner of the apartment building, which is operated by plaintiff Fulton House Associates. The building is uniquely located with a skyline view of Manhattan. The average monthly rentals for the relevant years were approximately $289 to $300 per apartment. The property involved is a 57-unit, eight-story apartment building constructed in 1964. The Weehawken case involves a challenge to rent allowances for the years 19. Because neither record below demonstrates that either ordinance as applied fails to provide a fair return to the owner, we affirm the two judgments. The cases were argued together and this opinion disposes of both.īecause the provisions of the two ordinances are otherwise so dissimilar in context and effect, we find no inherent conflict in the decisions. 318 (1985), because of an apparent conflict in the decisions below as to whether an investment-based formula for determining fair return requires an adjustment of the investment figure for inflation. We granted certification in these two cases, 102 N.J. In both cases the Law Division upheld the ordinances and the Appellate Division affirmed substantially for the reasons stated by the trial court. Both ordinances use an investment-based formula to determine adjustments of allowable rents to assure a fair return to the owners. These cases present challenges to certain rent control provisions found in two municipal ordinances. The opinion of the Court was delivered by O'HERN, J. in New Jersey (Gross & Hanlon, attorneys). Jackson Township Rent Leveling Board on behalf of amicus curiae Manufactured Housing Assoc., Inc. (Venino and Venino, attorneys).Ĭhristopher J. Venino argued the cause for respondents Township of Weehawken, etc., et al. Pascale argued the cause for intervenor-respondent. (Stanzione, Stanzione, Martone & Rosen, attorneys).Ĭonnie M. Martone argued the cause for respondents Jackson Township Rent Leveling Board, et al. Byrnes argued the cause for appellants Hamilton Towers, Inc., etc., et al. Levin, and Margaret McMahon, on the briefs). (Levin, Shea & Pfeffer, attorneys Michael E. Levin argued the cause for appellant Joe J. TOWNSHIP OF WEEHAWKEN, A BODY POLITIC, AND THE RENT LEVELING BOARD OF THE TOWNSHIP OF WEEHAWKEN, DEFENDANTS-RESPONDENTS. HAMILTON TOWERS, INC., A NEW JERSEY CORPORATION AND FULTON HOUSE ASSOCIATES, A LIMITED PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, ![]() JACKSON TOWNSHIP RENT LEVELING BOARD, TOWNSHIP OF JACKSON AND JACKSON TOWNSHIP COMMITTEE, DEFENDANTS-RESPONDENTS, AND JACKSON ESTATES MOBILE HOME-OWNERS ASSOCIATION, INTERVENOR-RESPONDENT. MAYES, TRADING AS JACKSON ESTATES, PLAINTIFF-APPELLANT,
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