Housing Authority v. Raindrop

670 A.2d 1087, 287 N.J. Super. 222, 1996 N.J. Super. LEXIS 49
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 2, 1996
StatusPublished
Cited by8 cases

This text of 670 A.2d 1087 (Housing Authority v. Raindrop) 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
Housing Authority v. Raindrop, 670 A.2d 1087, 287 N.J. Super. 222, 1996 N.J. Super. LEXIS 49 (N.J. Ct. App. 1996).

Opinion

The opinion of the court was delivered by

MUIR, Jr., J.A.D.

This is a summary dispossess action to terminate a public housing tenancy on grounds that tenant’s son conducted drug-related activity on the leased premises. See N.J.S.A 2A:18-61.1.p. The trial court ruled the statute imposed strict liability on the tenant for the son’s conduct, making need for proof of tenant’s actual knowledge of the drug activity irrelevant. It found this interpretation of the statute consonant with substantive due process because defendant, the tenant, would be exempt from eviction if she demonstrated, which she did not in this case, that she had done all that reasonably could be expected to prevent the drug activity on the leased premises. See State v. 1979 Pontiac Trans Am, 98 N.J. 474, 488,487 A.2d 722 (1985).

The tenant appeals from the ensuing judgment. The central focus of the briefs filed by three amici curiae and the parties relates to the trial court’s strict liability construction of the statute. A fourth amicus curiae, Legal Services of New Jersey, joins in that issue but also asserts the trial court lacked jurisdiction due to plaintiff Housing Authority’s failure to comply with controlling federal requirements governing termination of a public housing tenancy.

We conclude the Housing Authority’s noncompliance with controlling federal requirements governing termination of the tenancy [225]*225deprived the trial court of jurisdiction over the dispossess action. Accordingly, we vacate the judgment under appeal and remand for entry of judgment in favor of the tenant. Our holding precludes the necessity to rule on the trial court’s statutory construction.

The essential facts as well as fact findings of the trial court are not disputed. The Housing Authority is a public housing agency subject to the United States Housing Act of 1937, in particular 42 U.S.C.A § 1437d(k) and (l), and regulations enacted pursuant thereto, in particular 24 C.F.R. § 966 (1995). (At oral argument the Housing Authority conceded it was not an entity governed by Section 8 of the Housing Act of 1937, 42 U.S.C.A. § 1437f.) See generally 81 ALR Fed. 844 (1987).

The Housing Authority has leased an apartment to the tenant for the last 15 years. The leases named the tenant’s son, Doyle Raindrop, as an allowable resident. See 24 C.F.R. § 966.4(a)(2) (1995).

Law enforcement officials charged Doyle Raindrop, an adult at the time, with the sale of a controlled dangerous substance to an undercover detective, a violation of the Comprehensive Drug Reform Act of 1987, N.J.S.A 2C:35-1 to -23. The sale allegedly took place on the leased premises on June 21, 1993. The trial court found the tenant had no actual knowledge of the sale.

On July 2, 1993, pursuant to a search warrant, six law enforcement officers entered the leased apartment at 6:15 a.m. The tenant was present. The officers found eighty vials of cocaine, two chunks of crack cocaine, and a scale on a dresser in Doyle Raindrop’s room. They also found $719 in a pants’ pocket in his room. The police seized the noted items and arrested Doyle. They did not arrest the tenant. The tenant testified she did not recall the seizure of the contraband. Doyle thereafter continued to reside at the apartment and was doing so at the time of the dispossess hearing.

On August 23, 1993, the Housing Authority served the tenant with a “Notice Terminating Lease,” which provided in pertinent part as follows:

[226]*226TO: Carol Raindrop, Tenant
1. PRESENT LEASE: You now rent 222 South St 1A
3. DEMAND FOR POSSESSION: You must leave and vacate this rented property on or before September 23, 1993, the da[t]e of termination. This means you must move out and deliver possession to me, your landlord.
4. REASON: Your lease is terminated for the following reason:
You have violated (household member) NJSA:18-61.2p which prohibits the “use, possession, manufacture, dispensing or distribution of a controlled dangerous substance or drug paraphernalia within or upon the leased premises or the building or complex of buildings and land appurtenant thereto[J” On June 21, 1993, undercover agents of the Newark Police Dept responded to the address of Ms Carol Raindrop relative to numerous complaints of drug activity in and around the area. An undercover cop made a buy of illegal drugs (cocaine) which valued $50.00 from a black male later identified as Doyle Raindrop from the apartment of 222 South Street 1A, leased to Carol Raindrop; On July 2, 1993, a search warrant was obtained and executed at the aforementioned premises whereas a large quantity of drugs were found and U.S. Currency and one, Doyle Raindrop was arrested at that time; (see Nwk Police CC# 48422 dated 6-21-93); Ms Carol Raindrop has previously been served a Notice to Cease on November 12, 1992 relative to the criminal (shooting) activities of her son on NHA property but the complaints have not stop [sic] of his involvement in illegal activities on housing property, drugs, etc. (see police CC# 88594-92) in regards to a shooting incident whereas one, Richard Rivera, was the victim of the incident and Doyle Raindrop was the shooter[.]
5.
You are entitled to make such reply as you wish and have the right to inspect your files regarding this matter.

The trial court was not called upon to resolve, did not ask any questions about and, therefore, did not address the issue of the adequacy of the notice to terminate.

N.J.S.A 2A:18-61.1.p. of the Anti-Eviction Act affords grounds for eviction of tenants when illegal drug activity occurs within or upon leased premises. To the extent applicable here, there are grounds for eviction when the landlord proves, by a preponderance of the evidence, a tenant knowingly harbors a person who violates the Comprehensive Drug Reform Act or otherwise permits such a person to occupy the leased premises. While such proof may entitle a landlord to a judgment of possession, a court does not have jurisdiction to issue the judgment unless the written demand and written notice for delivery of possession are in accord with statutory dictates. See N.J.S.A. 2A:18-61.2; cf. Carteret [227]*227Properties v. Variety Donuts, Inc., 49 N.J. 116, 124, 228 A.2d 674 (1967) (proper notice essential to exercise of court’s jurisdiction).

N.J.S.A. 2A:8-61.2 prescribes the criteria for a demand for possession (written demand and written notice for delivery of possession). It requires the landlord to specify “in detail” the cause of the termination of the tenancy. The statutory phraseology “in detail” echoes the Supreme Court’s ruling in Carteret Properties where it defined “specify,” as required under N.J.S.A 2A:18-56 for a notice to remove, to mean “name in a specific or explicit manner; to state precisely or in detail.” Carteret Properties v. Variety Donuts, Inc., supra, 49 N.J. at 124, 228 A.2d 674.

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Cite This Page — Counsel Stack

Bluebook (online)
670 A.2d 1087, 287 N.J. Super. 222, 1996 N.J. Super. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-v-raindrop-njsuperctappdiv-1996.