Aquino Colonial Funeral Home v. Pittari

586 A.2d 331, 245 N.J. Super. 585, 1991 N.J. Super. LEXIS 39
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 7, 1991
StatusPublished
Cited by2 cases

This text of 586 A.2d 331 (Aquino Colonial Funeral Home v. Pittari) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aquino Colonial Funeral Home v. Pittari, 586 A.2d 331, 245 N.J. Super. 585, 1991 N.J. Super. LEXIS 39 (N.J. Ct. App. 1991).

Opinion

BROCHIN, J.A.D.

The Anti-Eviction Act, N.J.S.A. 2A:18-61.1, limits a landlord’s right to evict a residential tenant from

any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant____

The landlord can evict the tenant only for those reasons which the statute defines as “good cause.”

In the present case, the trial court held that the landlord had established “good cause” within the meaning of N.J.S.A. [587]*5872A:18-61.1(Z)(3). Under that provision, good cause exists when:

The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing____

The tenant appealed, contending that a corporate owner intending to operate its business in its building is not “seek[ing] to personally occupy a unit” within the meaning of the statute. We agree and therefore reverse.

Plaintiff Aquino Colonial Funeral Home, a corporation, operates its funeral home business in a portion of a building that it owns. It rents the remainder of the building to two tenants for residential apartments. In order to expand its business premises into the space now occupied by one of its residential tenants, defendant Veronica Pittari1, plaintiff commenced this suit for eviction pursuant to N.J.S.A. 2A:18—61.1(l)(3).

Mr. Vincent Lombardo testified on behalf of plaintiff. He stated that he and his wife are Aquino Funeral Home’s sole stockholders and that he is its only employee. The funeral home may be in operation at any hour of the day or night, and Mr. Lombardo works 60 or 70 hours a week. He wants to move his office to the second floor, where Ms. Pittari’s apartment is now located, so that his files, which are scattered throughout his premises, can be consolidated there, and so that he can meet in greater privacy with persons who come to arrange for funerals.

There is no reported appellate decision which has determined whether business or professional use of premises constitutes “personally occupying]” them within the meaning of N.J.S.A. 2A:18-61.1(Z )(3). The only reported trial court decision on point is Gross v. Barriosi, 168 N.J.Super. 149, 401 A.2d 1127 (Cty.Ct. [588]*5881979). There a podiatrist wanted to put his professional office in part of a building that he owned. The court held that utilizing the building for that purpose would not be “personally occupying]” it. Id. at 151, 401 A.2d 1127. Cf. Pappas v. Huezo, 237 N.J.Super. 492, 494, 568 A.2d 145 (Law Div.1989) (holding that premises used for a dentist’s office are not “owner-occupied” within the meaning of the introductory paragraph of N.J.S.A. 2A:18-61.1). But cf. Lewis v. Traynham, 234 N.J.Super. 121, 126-127, 560 A.2d 120 (Law Div.1989) (holding that premises used for a beauty parlor are “owner-occupied” within the meaning of the introductory paragraph of N.J.S.A. 2A:18-61.1).

We therefore turn to the statute itself. N.J.S.A. 2A:18-61.-1 {l )(3) focuses on residential use. The section deals only with “a building of three residential units or less” and with an owner who either “seeks to personally occupy a unit,” i.e., one of those three residential units, or who has “contracted to sell the residential unit to a buyer who wishes to personally occupy it____” (Emphasis added.) In view of the language of (/ )(3), an owner’s prospective utilization of a portion of his building for a non-residential purpose could not even arguably constitute “good cause” under that section except in the infrequent case where, as in the present instance, a landlord seeks to convert a residential unit to his own non-residential use. However, to permit a landlord to displace a residential tenant in order to make room for a non-residential use, even the landlord’s own non-residential use, would be inconsistent with the legislative intent of the Anti-Eviction Act. The Anti-Eviction Act is

intended “to protect residential tenants from the effects of what the Legislature has deemed to be a severe shortage of rental housing in this state.” Harden v. Pritzert, 178 N.J.Super. 237, 240 [428 A.2d 927] (App.Div.1981). The statute is framed to afford “residential tenants the right, absent good cause for eviction, to continue to live in their homes without fear of eviction or lease non-renewal and thereby to protect them from involuntary displacement.” Morristown Mem. Hosp. v. Wokem Mtge. & Realty, 192 N.J.Super. 182, 186 [469 A.2d 515] (App.Div.1983).

[589]*589Durruthy v. Brunert, 228 N.J.Super. 199, 202, 549 A.2d 456 (App.Div.1988), certif. denied 114 N.J. 482, 555 A.2d 607 (1989); see also Statement to Assembly Bill 1586, L.1974, a 49, § 2, quoted in Sabato v. Sabato, 135 N.J.Super. 158, 164, 342 A.2d 886 (Law Div.1975), overruled, Putirich v. Smith, 170 N.J.Super. 572, 407 A.2d 842 (App.Div.1979) (The legislative purpose for enactment of the Anti-Etiction Act was to prevent “residential tenants ... [from being] unfairly and arbitrarily ousted from housing quarters in which they have been comfortable and where they have not caused any problems ... [at a time when] there is a critical shortage of rental housing space in New Jersey.”).

N.J.S.A. 2A:18-61.1(Z) was enacted in response to Sabato v. Sabato, supra, 135 N.J.Super. 158, 342 A.2d 886. In Sabato, a new owner had acquired a three-family house five days before the effective date of the Anti-Eviction Act. The Act purported to prohibit him from evicting a tenant, even in order to live in the house himself. He challenged the constitutionality of the statute. Id. at 163-164, 342 A.2d 886. The court held that “to the limited extent that [the statute] prohibits an owner from occupying any rental unit except for two-family dwellings the act breaches the constitutional safeguard of due process and must yield.” Id. at 176, 342 A.2d 886. The court called on the legislature to amend the Anti-Eviction Act in order to cure what the court viewed as a flaw that rendered the statute unconstitutional. See Note,

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Bluebook (online)
586 A.2d 331, 245 N.J. Super. 585, 1991 N.J. Super. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aquino-colonial-funeral-home-v-pittari-njsuperctappdiv-1991.