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 February 24, 2016

Re: Recent Unreported Appellate Division Decision Regarding Municipal Inspection of Residential Rental Units

Dear Mayor,

We recommend that you forward this notice to your municipal attorney and housing inspection officials.

A recent unreported Appellate decision, State of New Jersey v. Mill Village Apartments, strongly limits a previous decision, Timber Glen Phase III v. Township of Hamilton.

An analysis of Mill Village Apartments by the League’s counsel can be found here.

By way of background, Timber Glen curbed the ability of municipalities to regulate residential rental properties through the Licensing Act. Following Timber Glen, many lawsuits have been filed challenging municipal residential rental ordinances. Mill Village Apartments clarifies municipal authority related to inspections. Thus, Mill Village Apartments may be beneficial for municipalities currently in litigation or reviewing their ordinances in light of Timber Glen.

Contact: Ed Purcell Esq. at (609) 695-3481 x. 137 or epurcell@njslom.org

Very truly yours,

Michael Darcy, CAE
Executive Director

 

 

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