Kuzuri Kijiji, Inc. v. Bryan

852 A.2d 1136, 371 N.J. Super. 263, 2004 N.J. Super. LEXIS 323
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 21, 2004
StatusPublished
Cited by3 cases

This text of 852 A.2d 1136 (Kuzuri Kijiji, Inc. v. Bryan) 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
Kuzuri Kijiji, Inc. v. Bryan, 852 A.2d 1136, 371 N.J. Super. 263, 2004 N.J. Super. LEXIS 323 (N.J. Ct. App. 2004).

Opinion

The opinion of the court was delivered by

CUFF, J.A.D.

In this appeal, we address whether the language of the model lease for federally subsidized housing is consonant with State law. [265]*265We must decide whether the language in the lease is sufficient to establish a right of re-entry as required by N.J.S.A. 2A:18-61.1. The trial judge held that the lease did not contain the required reservation and dismissed the complaint. We hold that the lease language is sufficient to reserve a right of re-entry. Accordingly, we reverse and remand for further proceedings.

Plaintiff, Kuzuri Kijiji, Inc., is the owner of a 236-unit apartment building located in East Orange. The building is “a multifamily housing project,” partially subsidized by the United States Department of Housing and Urban Development (HUD). Plaintiffs operation of the apartment building is subject to the policies and procedures established by HUD for public housing projects. Some of these policies and procedures are part of a handbook published by HUD entitled, “HUD Handbook 4350.3-CHG 19: Occupancy Requirements of Subsidized Multifamily Housing Programs” (HUD Handbook). The HUD Handbook “is a one-souree ‘rule book’ on the occupancy policies and procedures governing the subsidized multifamily programs” of HUD. According to the HUD Handbook, “tenants must execute leases that meet the requirements of paragraph 4-2.” Section 4-2 requires owners of HUD housing projects to use one of three model leases contained in the HUD Handbook appendix.

Defendant, Sheree Bryan, is a tenant in the apartment building. On April 1,1996, defendant entered into a lease for apartment unit 3201. The lease was one of the model form leases drafted by HUD and contained twenty-seven paragraphs. The lease provided for a tenancy of one-year and automatically continued for successive one-year terms unless the lease was terminated. According to its provisions, defendant agreed to pay plaintiff a subsidized monthly rent of $73.

The present case implicates two provisions of the lease, Paragraph 13 and Paragraph 23. Paragraph 13 of the HUD lease is entitled “General Restrictions” and outlines a generic agreement between plaintiff and defendant regarding certain prescribed and [266]*266proscribed actions. Specifically, the paragraph provides in pertinent part:

The Tenant must live in the unit and the unit must be the Tenant’s only place of residence. The Tenant shall use the premises only as a private dwelling for himseli/herself and the individuals listed on the Certification and Recertification of Tenant Eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to:
a. sublet or assign the unit, or any part of the unit;
b. use the unit for unlawful purposes;
c. engage in or permit unlawful activities in the unit, in the common areas or on the project grounds;
d. have pets or animals of any kind in the unit without the prior written permission of the Landlord; or
e. make or permit noises or acts that will disturb the rights or comfort of neighbors. The Tenant agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors, (emphasis added).

Paragraph 23 is entitled “Termination of Tenancy” and outlines the procedures for terminating the lease agreement. The paragraph states in pertinent detail that:

b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, State and heal law, and the terms of this Agreement. The Landlord may terminate this Agreement only for:
°the Tenant’s material noncomplianee with the terms of this Agreement;
* * *
The term [material] non compliance with the lease includes: (1) one or more substantial violations of the lease; (2) repeated minor violations of the lease that: (a) disrupt the livability of the project, (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project facilities, (c) interfere with the management of the project, or (d) have an adverse financial effect on the project; (3) failure of the tenant to timely supply all required information on the income and composition, or eligibility factors, of the tenant household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), or to knowingly provide incomplete or inaccurate information; and (4) non-payment of rent or any other financial obligation due under the lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the [267]*267lease after the due date but within the grace period permitted under State law constitutes a minor violation.
c. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice of the proposed termination. If the Landlord is terminating this agreement for “other good cause,” the termination notice must be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law. Any HUD-roquired notice period may run concurrently with any notice period required by State or local law. All termination notices must:
o specify the day this Agreement will be terminated;
o state the grounds for termination with enough detail for the Tenant to prepare a defense;
o advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the Landlord. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed. If the Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant; and
o advise the Tenant of his/her right to defend the action in court, (emphasis added).

On July 24, 2001, plaintiff served defendant with a Notice to Cease based on five violations of the lease agreement. Plaintiff informed defendant that the possession of a dog in her unit without permission violated Paragraph 13 of the lease. Plaintiff gave defendant until July 30, 2001, to remove the dog from the apartment. The Notice to Cease was followed by two incidents. On or about May 29, 2002, Sirleaf Woewiyu, one of defendant’s neighbors, filed a complaint with the City of East Orange regarding a dog bite. In the complaint, the neighbor alleged that a “medium sized white dog” owned by defendant, bit him. Then, on November 18, 2002, a mailman called and informed plaintiff that he would no longer deliver mail to the building.

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852 A.2d 1136, 371 N.J. Super. 263, 2004 N.J. Super. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuzuri-kijiji-inc-v-bryan-njsuperctappdiv-2004.