Rogers v. Donovan

517 A.2d 181, 213 N.J. Super. 309, 1986 N.J. Super. LEXIS 1450
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 26, 1986
StatusPublished

This text of 517 A.2d 181 (Rogers v. Donovan) 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
Rogers v. Donovan, 517 A.2d 181, 213 N.J. Super. 309, 1986 N.J. Super. LEXIS 1450 (N.J. Ct. App. 1986).

Opinion

deCORDOVA, J.S.C.

Is vacation housing a rental premise or unit used for dwelling premises as contemplated by the Rent Security Deposit Act, N.J.S.A. 46:8-19 et seq., so as to bring the penalty provision into play. The court thinks not.

This issue comes to the court by way of application for the entry of default judgment. On March 31, 1985 plaintiff, Brian Rogers, entered into a seasonal lease with defendants, Peter [311]*311and Norma Donovan. Plaintiff was to occupy certain premises located at Long Beach Boulevard, North Beach, New Jersey, for a period of two weeks beginning August 3,1985 and ending August 17, 1985. The total rent due for this two-week period was $3,400, utilities included. Under the terms of the written agreement, plaintiff was required to pay a $200 security deposit, a $50 cleaning deposit, and a $100 telephone deposit. On the day of occupancy, plaintiff was to check in by 2:00 p.m. and check out by 11:00 a.m. In addition to the utilities, “linens, blankets, and other such items the tenant desires” were included. All appliances and possibly a television were available for plaintiffs use.

Plaintiff alleges that he has fully complied with all terms and conditions of the lease, and that notwithstanding his compliance and due demand for the return of the deposit, defendants have failed to return said monies. Plaintiff further asserts that defendants failed to notify him of any damage done to the premises after the expiration of the lease either within the 72 hours specified in the contract or the 30-day statutory period, if applicable.

In reliance upon the penalty section of New Jersey’s security deposit law, plaintiff seeks judgment in the amount of $989.90 which represents double the deposit monies of $350 or $700, $20.50 in interest, attorney’s fees in the amount of $250 and court costs of $19.40.

In his letter brief, plaintiff relies on the language of the statute in asserting that it applies to short-term vacation rentals as well as long-term leases. In order for plaintiff to prevail the court must find that the Legislature meant to include this type of housing in the statute and that plaintiff has successfully proved its case under the statute.

It is uncontroverted that the philosophy of the Rent Security Deposit Act is to protect tenants from overreaching landlords who seek to defraud tenants by diverting rent security deposits to their own use. Jaremback v. Butler Ridge Apartments, 166 N.J.Super. 84, 87 (App.Div.1979); Watson v. Jaffe, 121 N.J.Su[312]*312per. 213, 214 (App.Div.1972); Branch Brook Gardens v. Ramirez, 186 N.J.Super. 241, 243 (Cty.D.Ct.1982). The statute provides:

The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act. [N.J.S.A. 46:8-26]

Under the canons of statutory construction, a court’s duty in construing the language of a statute is to determine the intent of the Legislature, AMN, Inc. v. South Brunswick Leveling Bd., 93 N.J. 518, 525 (1983), and to enforce the legislative will as written. Dacunzo v. Edgye, 19 N.J. 443, 451 (1955) and Hoffman v. Hock, 8 N.J. 397 (1952) cited in Salb v. Lemoine Ave. Associates, 178 N.J.Super. 36, 40 (App.Div.1981). The statute does not explicitly include or exclude vacation housing within its ambit nor is there any case law on point. Thus, in construing this section, the task of the court is to seek out the legislative intent, and to that end it should consider any history which may be of aid. State v. Madden, 61 N.J. 377, 389 (1972); Presberg v. Chelton Realty, 136 N.J.Super. 78, 81 (Cty.D.Ct. 1975).

New Jersey’s Legislature chose to change the common law rights and remedies of landlords and tenants through the promulgation of the Rent Security Deposit Act and other related laws. This legislation was borne out of recommendations made to the Governor and the Legislature by the Landlord-Tenant Relationship Study Commission established in 1969.1 The study commission was to suggest legislation to correct the inequities existing between landlords and tenants in residential housing. Presberg v. Chelton Realty supra at 84.

The focus of the study was the housing crisis facing the State of New Jersey. The context within which the term “housing” [313]*313was used was “minority housing” and “housing for the poor.” 1 Landlord-Tenant Relationship Study Commission Public Hearings 2 (1969) [hereinafter cited as Public Hearings]. The target population of the study was that group of low-to moderate-income families who were caught in the throes of the existing housing crisis. Id. at 11.

It was found that the target population was expanding at a rate which outpaced the number of available apartments. The development of new housing for this group was grinding to a standstill. As demand for rental housing was exceeding supply, the estrangement between landlord and tenant was progressively increasing. The existing remedies at law were inadequate to curb the rising tide of abuses.2

On the issue of security deposits, the commission specifically addressed such problems as the arbitrary withholding of security deposits by landlords, the failure to disclose the whereabouts of security deposit monies, the loss of interest on the amount deposited as security, the lack of a clear definition for the term “wear and tear.” Interim Report, supra at 17-18. It was against this backdrop that the Legislature promulgated current landlord/tenant law.

It does not appear from the report of the study commission nor from the public hearings that vacation housing was considered as part of the overall scheme needed to remedy a [314]*314perceived social problem, namely, the housing crisis. Nonetheless, the overriding principal of statutory construction directs that in the absence of an explicit indication of special meaning, words will be given their ordinary and well-understood meaning. Service Armament Co. v. Hyland, 70 N.J. 550, 556 (1976). Legislation should be given a reasonable meaning; interpretations leading to absurd results are to be avoided. State v. Gill, 47 N.J. 441, 444 (1966).

As the subject property is a single-family dwelling, defendants would have been required to deposit any security deposit monies in an interest-bearing account in one of the prescribed financial institutions and would have had to have given notice of the location and amount of the deposits to plaintiff within 30 days of the receipt of the monies. N.J.S.A. 46:8~19(b). Defendants would have been entitled to charge administrative costs against the accrued interest. Should a person fail to comply with this procedure, the tenant may give written notice to the person receiving the same that such security money be applied on account of rent payment or payments due or to become due from the tenant, and thereafter the tenant shall be without obligation to make any further security deposit and the person receiving the money so deposited shall not be entitled to make further demand for a security deposit. [Ibid.]

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Related

Jaremback v. Butler Ridge Apartments
398 A.2d 1339 (New Jersey Superior Court App Division, 1979)
Dacunzo v. Edgye
117 A.2d 508 (Supreme Court of New Jersey, 1955)
Service Armament Co. v. Hyland
362 A.2d 13 (Supreme Court of New Jersey, 1976)
Presberg v. Chelton Realty Inc.
344 A.2d 341 (New Jersey Superior Court App Division, 1975)
Salb v. Lemoine Ave. Associates
427 A.2d 1129 (New Jersey Superior Court App Division, 1981)
Hoffman v. Hock
86 A.2d 121 (Supreme Court of New Jersey, 1952)
State v. Gill
221 A.2d 521 (Supreme Court of New Jersey, 1966)
State v. Madden
294 A.2d 609 (Supreme Court of New Jersey, 1972)
AMN, Inc. v. Township of South Brunswick Rent Leveling Board
461 A.2d 1138 (Supreme Court of New Jersey, 1983)
Gardens v. Ramirez
452 A.2d 226 (U.S. District Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
517 A.2d 181, 213 N.J. Super. 309, 1986 N.J. Super. LEXIS 1450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-donovan-njsuperctappdiv-1986.