Mileposts

LSNJ publishes the 2019 edition of Divorce in New Jersey: A Self-Help Guide in print and as a PDF download with fillable forms.

​​A party in an non-dissolution family matter should be provided procedures required for determining custody and parenting time in divorce litigation including the right to call witnesses, conduct cross-examination and fact finding by the trial court.

The New Jersey Supreme Court  accepts LSNJ's argument that N.J.S.A.43:21-5(a) requires only that a claimant leave her job with a first employer "to accept" employment with a second employer which commences within the seven-day period to be eligible for unemployment benefits, and not actually "to commence"employment with the second employer. This ruling overturned a conflicting Appellate Division decision.

New Jersey enacts reforms to the NJCLASS loan program.

New Jersey enhances wage protections for workers.

New Jersey enacts a nine-bill package of foreclosure legislation designed to alleviate the state's high level of foreclosure. Among other provisions, this reduces the statute of limitations in residential mortgage foreclosure actions from 20 years to 6 years from the date of the debtor's default.

New Jersey amends the Law Against Discrimination’s prohibition of discrimination on the basis of race to cover traits associated with race, including hair types and hair styles.

New Jersey enacts extensive reforms to expungement eligibility and the expungement process, including elimination of the filing fee, expedited expungement of marijuana convictions, and creation of a “clean slate” provision.

​​A landlord's demand for late fees and attorney fees did not constitute legal rent pursuant to the Newark Rent Control Ordinance.

​​A patient who requires emergent psychiatric treatment, which results in their involuntary commitment to a hospital, should be treated the same for Charity Care purposes as a patient who suffers a physical injury or illness.

LSNJ testifies before the Senate Higher Education Committee about a bill to create a limited income-sensitive repayment plan for existing loans and successfully proposes amendments to a bill for affordable settlement agreements and subsequent rehabilitation for defaulted student loan borrowers.

Legal Services of New Jersey releases the Spanish version of “Clearing Your Record Online.”

​​A tenant who receives a housing assistance voucher from the State's Rental Assistance Program cannot be evicted solely for non-payment of additional rent charges.

New Jersey enacts law liberalizing requirements for expungement applications.

When a contested private adoption involves the termination of parental rights, the biological parent has the right to be appointment of counsel.

The Uniform Commercial Code ‘s four year statute of limitations applies to lawsuits to collect amounts owed under store issued credit cards. Partial payments by the credit card holder do not toll the running of the statute of limitations.

Legal Services of New Jersey publishes a revised, printed edition of its domestic violence guide and editions in Portuguese and Korean for the first time.

New Jersey enacts the Sexual Assault Protection Survivor Act (SASPA)

Legal Services of New Jersey releases self-help expungement videos.

Claimant was not disqualified from receiving unemployment benefits after being laid off from full time job and voluntarily leaving part time job.

Landlord of Section 8 housing was required to provide notice of eviction to Public Housing Authority.

Mother who briefly left child in car was entitled to administrative hearing to issue of neglect and whether name should be placed in state’s abuse and neglect registry.

Family Part judge may continue placement of child with relative not licensed under Resource Family Parent Child Licensing Act

Legal Services of New Jersey releases “Clearing Your Record Online” an interactive program which allows clients to file expungement applications.

PRI releases ninth “Poverty Benchmarks” report.

The “ABC” test should be used to decide if a worker is an employee or independent contractor for purposes of resolving a wage-payment or wage-and-hour claim under New Jersey law.

A father’s incarceration, standing by itself, is not a sufficient condition for terminating parental rights.

A child who suffered symptoms of methadone withdrawal because of his mother’s participation in a methadone treatment program was not abused or neglected.

PRI releases a special report “What is Poverty: Measuring Deprivation in New Jersey”

PRI releases eighth “Poverty Benchmarks” report.

PRI releases “Income Inequality in New Jersey: The Growing Divide And Its Consequences.”

South Jersey Legal Services’ lawsuit against Mt. Holly Gardens settles

PRI releases fifth “The Real Cost of Living in New Jersey: What It takes to Meet Basic Needs and Avoid Deprivation”

Legal Services of New Jersey releases videos for Domestic Violence victims on ‘Temporary and Final Restraining Orders.”

A foreclosure rescue plan that resulted in the loss of title caused a redressable loss under the Consumer Fraud Act.

LSNJ publishes the third edition of “Divorce in New Jersey: A Self-Help Guide” in print and as a PDF download with fillable forms.

The Fair Foreclosure Act requires plaintiffs to list the name and address of the actual lender on the notice of intention to foreclose.

Local housing authority abused its discretion by seeking to evict “nonculpable tenants”

Claimant with temporary transportation problems was eligible for unemployment benefits when employer told him he had to “resign immediately.”

Legal Services releases second “New Jersey’s Civil Legal Assistance Gap” report

In deciding expungement applications submitted under the “public interest” the court must consider rehabilitative aspects under the “nature of the offense.”

PRI releases fifth “Poverty Benchmarks” report.

Assignee of mortgage did not present evidence necessary to establish standing to prosecute foreclosure action.

Legal Services of New Jersey releases "Your Right to an Interpreter" video and booklet in English, Spanish, Haitian Creole and Portuguese.

Mother who left four-year-old unsupervised because of mistaken belief that grandmother was home was not guilty of abuse or neglect.

The Consumer Fraud Act applies to post-foreclosure judgment agreements

New Jersey enacts “Anti-Bullying Bill of Rights.”

A consent judgment was invalid when the judgment did not give the debtor sufficient notice that they were  waiving their right to notice of an application for a wage execution.

A certification that was not based on personal knowledge did not establish the assignee’s standing to pursue foreclosure.

Legal Services issues report and recommendation to New Jersey Supreme Court on certification and evidentiary issues in foreclosure cases.

PRI releases “Food, Clothing, Health or a Home” report, detailing the consequences of the deprivations endured by families living in poverty.

Legal Services releases English version of “Working with Interpreters” video. Over the next two years, versions are released in Spanish, Haitian Creole. Portuguese and Korean.

Trial court erred by failing to issue restraining order when husband had intent to commit criminal sexual assault despite his belief that his religion permitted him to demand sex from his wife.

Legal Services of New Jersey publishes ‘Foreclosure: A Self-Help Guide to Saving Your Home,” a manual that describes the foreclosure process and defenses to foreclosure and provides sample pleadings.

A father who lives in Egypt should have his child support obligation based on his income in Egypt and not on the income he could earn in New Jersey.

The Department of Human Services could not deny an applicant Work First New Jersey benefits because they were also receiving Subsidized Adoption Program benefits when the restriction was created by an administrative instruction and not through administrative rule making.

An employee has not abandoned a position until five calendar days from the last date of an approved leave of absence.

An ordinance which prohibited convicted sex offenders from living within 2,500 feet of a school, day care center, playground or park was invalid.

Employee showed “good cause” for quitting job when commuting problems were created by actions of employer.

The Fair Debt Collection Practices Act covers actions of attorneys’ law firms who regularly engage in prosecution of summary dispossess acts.

LSNJ's Poverty Research Institute publishes the "Poverty Benchmarks" report, first of what will be an annual series.

A claim of ineffective assistance in a termination of parental rights case should be determined under the Strickland standard used in criminal cases. Ineffective assistance claims can be raised on direct appeal.

Surviving daughter of tenant was protected by anti-eviction law as functional co-tenant.

LSNJ publishes the second edition of “A Self-Help Guide to Divorce in New Jersey” in print.

The trial court was required to conduct a hearing to decide if the  ordinance allowing city to acquire properties by eminent domain would help city meet its fair share housing obligations.

The N.J. State Constitution requires the appointment of counsel to represent parents found to be indigent and facing incarceration at child support enforcement hearings.

Rent-to-own contracts were held to be subject to the Retail Installment Sales Act, the interest rate cap in the criminal usury statute and the Consumer Fraud Act.

These were companion cases. In Muhammad, the Supreme Court held that a contract provision that forbids class-wide arbitration is unconscionable and unenforceable. In Delta Funding, after certifying a question to the N.J. State Supreme Court, the 3rd Circuit remanded the case back to the District Court to enforce the arbitration agreement, but with guidance provided by the N.J. State Supreme Court’s opinion.

Statutory and regulatory requirements must be met before the N.J. Dept. of Education may grant a waiver of a full-time bilingual education program. Districts should not seek such waivers without first ensuring that all legal requirements are met.

Legal Services of New Jersey publishes the first Spanish edition of “A Self-Help Guide to Divorce in New Jersey.”

New Jersey courts have authority to issue ex parte relief in the form of a temporary restraining order upon a showing that the two-prong test evidencing domestic violence has been met.

Legal Services publishes the first edition of “A Self-Help Guide to Divorce in New Jersey” in English. This is the first comprehensive self-help manual on divorce for New Jersey residents.

The Court adopted the standard for consideration of aggravated circumstances in a DYFS proceeding, and gave guidance on what process is due to a parent prior to the entry of  the trial court’s finding of aggravated circumstances.

​Landlords must provide tenants evicted as a result of a zoning ordinance violation relocation assistance benefits based on six times the monthly rent. Landlords cannot reduce this amount by applying past due rent or other damages owed by the tenant.

Guardians of incompetent persons have the ability to engage in Medicaid planning. However, they are subject to the constraints imposed upon them by virtue of their status as guardian of the ward.

PRI releases report on the minimum wage in New Jersey, demonstrating that the value of the state’s minimum wage fell to its lowest level since first introduced 40 years prior.

PRI releases “Eye on the Budget: How New Jersey State Expenditures Relate to Basic Human Needs.”

Defendant’s rights to due process in domestic violence proceedings requires notice be given of all acts complained of, with adequate opportunity to prepare and respond to same. Defendant’s use of videotaping in the victim’s bedroom can constitute both harassment and stalking pursuant to the domestic violence statute.

​The Municipal and County Utilities Authority Law permits utility authorities to charge only simple interest. Assessment of interest on unpaid interest charges is improper.

The issuance of a Final Restraining Order in a domestic violence proceeding is not a prerequisite to being admitted to the Address Confidentiality Program.

In response to decades of advocacy, New Jersey creates a Universal Service Fund that helps low-income persons afford utility payments through monthly credits to their utility bills.

New Jersey enacts HOSA, the Home Ownership Security Act, which provides more protections for consumers from high interest mortgage rates and predatory loans.

South Jersey files suit against Mt. Holly to block the takeover and elimination of an entire affordable housing neighborhood (Mt. Holly Gardens).

The Housing Authority may not collect other charges as additional rent in a summary dispossess proceeding, even if such charges appear in a lease, if doing so would violate the Brooke amendment. The Brooke Amendment, which strictly defines tenant rents to exclude other charges such as attorneys’ fees, court costs, and late charges, preempts State law.

The New Jersey Supreme Court determined that wage garnishment notices should inform debtors that they may object at any time before or after a wage execution has been ordered and that they are entitled to a hearing within seven days.

New Jersey’s Domestic Violence Act, N.J.S.A. 2C:25-17, authorizes New Jersey courts to issue domestic violence restraining orders when the victim has fled to New Jersey to seek shelter from abuse that occurred out of state. Jurisdiction will attach when the abuser commits an act of domestic violence in New Jersey, or even when no other act of domestic violence occurs if the defendant pursues the victim for purposes of making contact.

Although preliminarily reversed by the 3rd Circuit, the trial court decision in South Camden Citizens in Action v. N.J. Dept. of Env. Protection, brought by CRLS, is the most far-reaching environmental justice decision decided favorably by a trial court anywhere in the U.S. The case has become a rallying point for the low-income community in Camden.

Amended court rules implementing the Harris decision are adopted by the  New Jersey Supreme Court. The Court approved standard instructions to be read at the beginning and end of the daily landlord-tenant calendar call. 

New Jersey adopts regulations improving access to the Food Stamp Program for low-income working families.

Landlord violated N.J.S.A. § 2A:42-100 by arbitrarily refusing to rent to Section 8 applicant based upon the tenant’s credit report.

The Anti-Poverty Network holds its initial conference on poverty in New Jersey. More than 350 people from nearly 100 organizations attend the event at the War Memorial in Trenton.

APN provides critical support contributing to passage of New Jersey Earned Income Tax Credit (EITC).

The APN plays a significant role in the enactment and implementation of the Family Care program, which provides free or lost-cost health insurance to uninsured adults and children

Landlords may not discriminate against existing or prospective tenants because they are holders of Section 8 rent subsidy vouchers.

LSNJ and other advocacy organizations co-found the Anti-Poverty Network of New Jersey (APN),a network focused on preventing, reducing and ending poverty in the state.

PRI releases its first report on the implementation of Work First New Jersey. "Assessing Work First: What Happens After Welfare?"

In response to a pending Appellate Division case brought by Legal Services (Bradshaw v. Cumberland Co., Bd. of Social Services), DHS amended its regulations to make more children eligible for public assistance benefits.

Reacting to a case brought by Legal Services (Pagan v. Bd. of Review, 296 N.J. Super. 539 (A.D. 1998, certif.denied 150 NJ 24 (1997)], legislation is enacted providing for the payment of unemployment benefits to domestic violence victims who are forced to leave work for DV-related personal reasons.

PRI releases a second report on Work First New Jersey ("Assessing Work First: Challenges Facing Long-term Welfare Recipients in N.J.").

PRI releases a comprehensive report on the actual income households requires to obtain basic necessities in New Jersey. ("The Real Cost of Living: the Self-Sufficiency Standard for N.J.")

​The New Jersey Supreme Court rules that statewide procedures for landlord/tenant courts were appropriate to avoid "unfair[ness] to pro se tenants." Trial courts must provide plain language advice and information about their legal rights to tenants appearing pro se in eviction cases, and must also insure that the grounds for eviction asserted by landlords are legally correct.

U.S. Supreme Court holds that treble damages, attorneys' fees and costs assessed against a New Jersey landlord for fraudulently charging rents in excess of the amounts permitted by a local rent control ordinance are not dischargeable in bankruptcy.

Statute limiting the amount of public assistance benefits available to persons moving to New Jersey from states with lower welfare payments is unconstitutional.

LSNJ establishes the N.J. Poverty Research Institute (PRI). The mission of the PRI is to undertake original research on issues related to poverty in New Jersey.

A domestic violence final restraining order should not be set aside based upon the parties’ reconciliation or mutual violation without careful consideration by the court of the need for continued protection. Recognizing that domestic violence constitutes a pattern of abusive and controlling behavior, courts must closely scrutinize the record and history of violence to determine whether there is a likelihood that violent conduct will be repeated.

A housing authority seeking to evict a tenant must strictly comply with federal procedural protections.

Applying L.T. v. Department of Human Services to homeless families receiving AFDC (welfare), the court invalidates the regulation terminating temporary rental assistance benefits after one year.

Pension benefits owned by an applicant’s former wife could not be considered income available to him for purposes of determining Medicaid eligibility.

Guest who resided at a hotel for three years with no intention of seeking other accommodations is a tenant protected by the Anti-eviction Act.

The New Jersey Supreme Court holds that a court may vacate judgment for possession on equitable grounds, even after eviction has occurred.

The New Jersey Supreme Court holds that the Anti-eviction Act protects tenants from eviction by foreclosing mortgagees.

In a child abuse and neglect case initiated by the Division of Youth and Family Services, the Office of the Public Defender is required to pay the costs of ancillary services such as expert fees even when an indigent parent is represented by private or public counsel; in DYFS proceedings seeking termination of parental rights, DYFS is responsible for necessary and related defense services.

After work by Legal Services to substantially change the terms of the bill, the Fair Foreclosure Act is enacted, providing greater protection for homeowners in foreclosure actions.rs in foreclosure actions.

Following Brambila, the Department of Labor adopts a regulation establishing a good cause exception to the bar to the filing of late unemployment appeals.

A landlord’s refusal to enter a Section 8 lease, which would have provided a rent subsidy to a tenant, violates a federal anti-discrimination statute, a New Jersey statute prohibiting refusal to rent based on source of income, and the implied covenant of good faith.

Plaintiffs negotiate tenant selection and assignment plan with Newark Housing Authority to reduce racial and ethnic imbalance in public housing, assure the fair selection and transfer of tenants, and assure that applicants on the waiting list receive a fair share of new townhouse units to be constructed.

Consumers who sued rent-to-own businesses are held entitled to protection of the Truth-in-Lending Act, the New Jersey Retail Installment Sales Act, and the Uniform Commercial Code; interest rates charged were unconscionable in violation of the New Jersey Consumer Fraud Act.

Newark Coalition for Low Income Housing v. Housing Authority of the City of Newark, and HUD—The District Court orders the appointment of a special master to oversee the enforcement of a 1989 consent decree concerning maintenance, renting, and construction of public housing in Newark.

​The New Jersey Supreme Court strikes down a state regulation terminating temporary rental assistance benefits to homeless recipients after one year.

The Appellate Division requires the state to use a realistic “standard of need,” reflecting actual living costs, in determining period of AFDC (welfare) ineligibility due to lump sum awards, thus significantly shortening that period.

Where a tenant has paid their share of rent under assisted lease agreement, they cannot be evicted on the ground that the housing authority has failed to pay its share under a Section 8 housing assistance payments contract.

Department of Labor issues policy statement facilitating receipt of unemployment compensation benefits by certain eligible immigrants.

The Department of Human Services settles a food stamp case agreeing: 1) to provide more specific notices; 2) to issue final decisions on food stamp appeals within 60 days; 3) to continue food stamp benefits unreduced pending the outcome of a hearing; and 4) to extend the period for requesting a hearing over the denial, reduction, or termination of food stamps.

The New Jersey Supreme Court holds that an English-only notice of ineligibility for and demand for repayment of unemployment benefits sent to a migrant farmworker during the farming season at his off-season address in Puerto Rico was inadequate to protect his due process rights.

A minor’s personal-injury award held in court-supervised trust account is not "available" for purpose of determining AFDC (welfare) eligibility.

After a major campaign by a coalition of New Jersey groups including Legal Services, the State of New Jersey agrees to repeal a law that would have imposed a six-month limit on the receipt of GA during any 12-month period.

The U.S. District Court holds that HUD has the obligation to take affirmative corrective action when a violation of law by a public housing authority is brought to its attention.

The Appellate Division rules that long-- term residents of motels and hotels are entitled to the protections of the Anti-- Eviction Act.

The Appellate Division holds the state’s unemployment agency is estopped from requiring appellant to repay unemployment benefits when the claimant did not receive timely notice, declaring that "fundamental fairness, substantial justice and the legitimacy of the governmental process itself are implicated."

Amendments to the Prevention of Domestic Violence Act enacted, providing greater protection to victims of domestic violence.

After a lengthy hearing, the OAL rules on the additional steps that DHS had to take to comply with the Supreme Court's judgment, and the findings were essentially accepted, and then acted upon, by the Commissioner of DHS.

The New Jersey Supreme Court rules (again) that New Jersey's system of financing education violated the thorough and efficient clause in the State Constitution.

The U.S. District Court rules that HUD's waiver of the required public housing grievance procedure prior to eviction was invalid.

DHS finally promulgates a proposed regulation containing its new, more accurate standard of need.

The New Jersey Supreme Court refused to allow an attempted eviction under a 16 month old notice to cease , finding that the landlord would have had to state clearly in subsequent notices that the original notice to cease  was still applicable; the subsequent course of dealing of accepting rent required such further action.

Federal court challenge to Newark public housing demolition is filed; it is assigned to mediation and in August results in a landmark settlement barring demolition without one for--one replacement of housing, and providing for extensive repair and renting of units throughout Newark public housing.

In August, the Supreme Court upheld the five-- month limit in GA, subject to DHS showing that it had, by December, programs in place that would keep people from being cut off. Subsequently, after reviewing the situation in December, the Court ordered an OAL hearing to determine whether DHS had met its requirements.

In February, New Jersey Supreme Court affirms the Appellate Division decision requiring DHS to promulgate an accurate standard of need.

Domestic Violence Act amended to provide for mandatory arrest where there is evidence of injury, and that violation of a restraining order is criminal contempt.

The Appellate Division rules that DHS must promulgate a standard of need that accurately reflects what it actually costs low --income people on AFDC or GA to live a minimally decent life.

New Jersey Supreme Court issued a stay of the five month AFDC/EA cutoff regulation pending appeal; it is joined by the GA case, Williams/Jimperson. In July, the Supreme Court in Franklin upholds the five-- month limit, but only on the basis that the State represented that it would not cut off anyone after five months, thereby forcing the State to ignore its own regulation and continue people after five months, in effect giving appellants the relief they sought. In November, an Appellate Division panel invalidates the GA five-- month limit.

The state court challenge to the Newark public housing demolition is filed in July.

Trial courts finds a right to emergency shelter under General Assistance statute, at least until application is processed; Appellate Division (in February 1987) stayed the EA regulation which cut off homeless assistance and remanded the matter to the (then) Division of Public Welfare for a new rulemaking proceeding.

DHS proceeds with post-- Maticka rulemaking and hearings on emergency assistance.

Newark Coalition for Low-- Income Housing is formed, to challenge the Newark Housing Authority's plans to demolish nearly half (over 6,000 units) of Newark's public housing. Legal Services of New Jersey files suit to enjoin the demolition.

New Jersey establishes the Uncompensated Care Trust Fund, to assure provision of hospital care to low-- income people who cannot pay for it through any other source.

Legal Services programs publicize legal rights and provide legal assistance in connection with the implementation of the Immigration Reform and Control Act of 1986.

In November, DHS adopts new EA regulations providing for the cutoff of assistance after five months, setting the stage for the next year of litigation, and also eliminating the fault standard.

Struck down New Jersey's sibling deeming  income for Medicaid (later affirmed by Third Circuit in October).

In addition to Mostafa, supra, Legal Services programs and the Public Advocate became involved in an increasing number of cases seeking emergency shelter for the homeless, including Rodgers v. Gibson (Newark), Algor (Ocean County), R.R. (New Brunswick), Maticka (Atlantic City), and other cases in Elizabeth, Burlington, and other municipalities.

Affirms that under confidentiality provisions of Rules of Professional Conduct the identity of a client receiving assistance through a legal services organization is confidential, regardless of whether they are provided representation through public funds.

Holds that Social Security funds do not lose their exempt (from levy) status upon being deposited in a family bank account.

AFDC (welfare) adverse action notices must contain individualized and comprehensible explanation of the reasons for agency action, what the claimant was required and failed to do (if applicable), and any calculations used by the agency.

Landlord in a six month section (h) eviction (terminating residential use) must state with specificity what the landlord intends to do with the property. Led to subsequent confirming statutory amendments.

Medically program enacted, providing Medicaid coverage to low--income pregnant women, children,the elderly, and people who are blind or have a disability.

Court stayed emergency assistance denial and ordered provision of emergency assistance to homeless individuals who were unable to find housing.

Standard of need rulemaking petitions filed with Department of Human Services, seeking adjustment of the GA and ADC (welfare) standard of need to reflect the actual costs of a minimally decent existence, and to take other steps necessary to raise welfare

​Funds available to a judgment debtor under an advance loan agreement with the debtor's bank are not subject to garnishment.

Debtor may use Chapter 13 bankruptcy to "decelerate" and then reinstate defaulted mortgage loan.

​Church's homeless shelter permitted religious use, and therefore outside scope of the zoning violations.

BPU adopts utility diversion rule urged by Legal Services, providing for investigation of a complaint of diversion, correction of the situation, correct billing, and communication throughout.

Successful challenge to landlord's refusal to renew federally subsidized Section 8 lease without good cause.

Strikes down on N.J. constitutional grounds the portion of the Medicaid statute barring reimbursement for an abortion.

Court holds that month--to--month tenant must be served with notice to quit, in addition to notice required by rent control ordinance, before rent increase can be effective.

​Class action filed resulting in  court order that Paterson comply with various aspects of the state General Assistance statute.

Class action filed challenging Health and Human Services' policy in disability cases. Challenges included "non acquiescence" to federal court decisions and failure to adhere to uniform standards or accord proper weight to evidence from treating physician and subjective testimony from disabled person. This and similar actions around the country lead to reform of the law by Congress and eventual settlement of the case.

​Hospital patients who may be eligible for free or reduced-- cost services under the Hill Burton Act have a private right of action to enforce a hospita1's obligations affirmatively and defensively.

​Dismisses eviction actions against 165 public housing tenants on rent strike and orders return of $30,000 in escrow deposits to tenants, due to the failure of the housing authority to follow HUD lease requirements.

​Truth--in--lending (TlLA) claim survives as a recoupment defense even after the one year statute of limitations for affirmative claims has expired.

​Housing Authority must disclose waiting lists under the New Jersey Right to Know Law.

​Declaratory judgment and injunction requiring the Housing Authority to comply with HUD lease termination procedures.

The Prevention of Domestic Violence Act is enacted in New Jersey, providing a broad range of new remedies in domestic violence cases.

​Mental patients have a constitutional right to treatment in the community after released from a state hospital.

​Court reversed DPW denial of eligibility, holding that there must be findings of fact and conclusions of law in compliance with N.J. A.P.A.

​Filing of federal class action charging racially discriminatory practices of Elizabeth Housing Authority.

​Bars Elizabeth Police from illegal distribution of law enforcement reports concerning juveniles to housing authority and many other agencies.

​Disability claimant may support claim with testimony about symptoms, even without objective medical data.

​State Division of Medical Assistance could not recover lump sum Social Security widow's benefits.

Security Deposit Law protections expanded

​Emergency assistance must be paid because regulatory phase "no control or opportunity to plan in advance" necessarily means the recipient must have the capacity to avoid the projected situation before it occurs.

​Municipality fully bound by state general assistance statutes and regulations even though it chooses not to participate in state reimbursement program.

​Rutgers must honor discharge of student loan in bankruptcy, release transcript, and allow readmission.

​Reverses lower court and holds that county welfare board does not have standing to appeal from a decision of the state welfare department in favor of the recipient.

​Unemployment claimant entitled to benefits for entire 5 1/2 -month period during which the claimant had no income, transportation, or funds and could only search for work at a few factories within walking distance.

New Jersey Supreme Court publicly reprimands Judge Albano for lack of judicial demeanor, in a complaint brought by Essex Newark Legal Services charging repeated misapplications of the law and bias against Legal Services attorneys representing tenants as well as criticism of tenant-oriented laws.

​Foreclosing mortgage barred on equitable grounds from proceeding where it failed to follow HUD forbearance requirements.

​Settlement in Camden County Jail suit providing for a wide variety of improvements including not depriving inmates of food and water and providing procedural protections before disciplining inmates for infractions.

​When fair hearing examined only whether father was living in home, it was a violation of procedural due process for the Division of Public Welfare to bar assistance based on the frequency of visits to the home.

​Preliminary injunction against portion of state payment plan which conflicted with provisions of federal SSI law.

In response to a Legal Services petition, the Board of Public Utilities adopts more restrictive regulations on discontinuance of services including no shutoff after 1:00 pm on Friday, a special notification requirement for customers over 65, and good faith effort to provide a deferred payment plan.

​Court enjoins landlord from pursuing eviction based on nonpayment of rent for period covered by tenant's petition for bankruptcy.

​Court reverses agency disqualification from unemployment benefits based upon hearsay evidence and unsworn testimony, finding it a due process violation.

Anti-- redlining law enacted.

​Welfare computer error termination entitles recipient to retroactive benefits; no reapplication required.

​ADC/Food Stamp recipient's lost wallet made her unable to buy food; this was a sufficient state of homelessness to entitle her to emergency assistance (Pressler's opinion finds that "home" includes minimally adequate shelter, nutrition, and clothing).

​Court has power to appoint counsel for indigent defendant in a paternity suit.

​Statutory provision of double-- the --deposit remedy for landlord's failure to return security deposit is mandatory.

​Strikes down employable-- unemployable distinction in General Assistance law.

​Affirms an indigent's right to a transcript at public expense in a termination of parental rights case.

​Strikes down as unconstitutional that part of garage keepers' lien statute permitting public sale without public notice and hearing for owner.

Three new amendments tighten tenant protections under the eviction for cause statute in the areas of condominium conversions, rights of apartment employees, and relocation and code enforcement.

​Violation of federal Brooke Amendment (25 percent rent limitation) is a proper defense in summary dispossess action.

​Contempt convictions of Legal Services attorneys, including Harris David, providing representation in Stella Wright rent strike were reversed.

​Invalidated zoning ordinance and practices on constitutional grounds because it failed to provide housing opportunity for low-- income people.

​Indigent has right to court --appointed counsel in proceeding under Title 30 to remove children from home.

​Rent abatements for lack of habitability apply to public housing.

​As a result of Legal Services' efforts and the work of the New Jersey Tenants Organization, New Jersey adopts the most sweeping statutory protections for tenants in the nation. Tenants now have a right to stay in their leased premises, and can only be evicted for cause, as specified in the statute.

​Struck down Department's irrebuttable presumption of contribution by ineligible members of AFDC (welfare) household; made presumption rebuttable in every case.

​Invalidates New Jersey school financing scheme as discriminatory against poor districts and children.

​Landmark exclusionary zoning case, with Mt. Laurel I—first argued in 1973, decided four years later, 72 N.J. 481 (1977).

​Ability to comply with a support order must be shown before incarceration can be ordered for failure to comply.

​Anti-loitering ordinance found unconstitutional.

​Establishes mutually dependent covenants of habitability and obligation to pay rent, and tenant is given right to affirmatively recover abatement for uninhabitable premises.

​Municipality ordered to pay medical expenses under General Assistance statute where person's medical expenses exceeded his weekly net disposable income, even though he was not a GA recipient.

​Broad affirmation of availability of class actions to combat consumer fraud.

​Housing Authority lease provision waiving tenant's right to notice of termination of tenancy or right to pre-eviction legal proceedings held unconstitutional in class action.

​Where leased premises are uninhabitable from inception of tenancy, the lease is void and illegal; landlord is entitled only to reasonable value of the premises, taking into account the property conditions.

​Tenant's protections under security deposit law continue after summary dispossess action for nonpayment.

​Broadly affirms consumer class action remedy.

​New Jersey required to follow federal regulation requiring welfare fair hearing to be conducted at state level.

​Indigent defendant cannot be jailed for being unable to pay a fine in one lump sum; must be allowed to pay in reasonable installments.

​Legal Services attorney and anti--poverty worker have the right to enter farm property to meet with migrant workers; trespass conviction reversed.

 Counsel should be assigned in municipal court when imprisonment or other substantial consequence, including a large fine, is actually threatened or when there is a likelihood of conviction.

​Establishes procedural rights for students in pre-- expulsion hearing to confront and cross-- examine witnesses.

New statutes create rent receivership, abolish residential lockouts and distraints, and regulate security deposits.

A package of migrant worker protections proposed by Camden Regional Legal Services is enacted, requiring provision of potable water and toilets for field workers and payment of minimum wage.

​Suit blocked closing of maternity hospital used by indigents.

​Affirms the availability of class action relief for consumers and sets guidelines for determining price unconscionability under the Consumer Fraud Act in an educational materials case.

Consumer Fraud Act amended to create private right of action for defrauded consumers.

​Persons committed to state mental hospital have right to treatment.

​Union County welfare board ordered to adopt food stamp pre-- termination safeguards to comply with Goldberg v. Kelly.

Stella Wright rent strike begun, involving 4,800 tenants, all but 3 of whom were black. Lasting until 1974, the strike became the longest rent strike in the history of U.S. public housing.

​New York default judgment not entitled to full faith and credit due to lack of jurisdiction, in scam where New Jersey resident had no real connection with New York.

​Authorizes the repair-- and deduct --remedy for tenant faced with serious defects in leased premises.

​Allows deduction from rent owed (abatement) for uninhabitable conditions as a defense in summary dispossess actions.

Passage of retaliatory eviction statute, creating a defense from eviction for tenants faced with eviction for trying to assert their rights.

A child born to unmarried parents has the same Social Security survivor payment rights as a child born to parents married to another at time of birth.

​Declares state vagrancy statute unconstitutionally vague (later set aside, when no longer a Legal Services case, at 333 F. Supp. 15 (D.N.J. 1971)).

​Sale of large appliance for 2 1/2 times reasonable value is shocking and unreasonable.

​Enjoins landlord from using self-- help measures and lockout to gain possession.

​Invalidation of state administrative fixed ceiling on the amount of the AFDC (welfare) grant that did not exclude federal "statutory disregards.".

​ADC payments are exempt from levy.

​State must pay cost of indigent's publication charges in divorce proceeding against absent defendant.

Allows law student practice with Legal Services offices.

​Sets forth minimal pre--termination due process rights; later enforced in Freemen v. Engleman, a class action.

Social Security funds are immune from legal process and not subject to reimbursement agreement [ultimately affirmed by U.S. Supreme Court, 409 U.S.413 (1973), reversing 59 N.J.75 (1971), which had reversed lower court].