NJ Laws Email E273 May 8, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500 In this issue: Recent cases: 1. Certain tenants can be evicted when household member charged with drug crime Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007) A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity. 2 Even closed museum considered public building under 500 feet drug law State v. Chambers 396 NJ Super. 259 (App. Div. 2007) Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3 Noise ordinance not preempted by state law State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5 Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump
Taj Mahal Casino Resort in