Justia Landlord - Tenant Opinion Summaries

The Supreme Court of New Jersey delivered an opinion concerning an appeal by condominium owners who claimed they were discriminated against because of their need for an emotional support animal (ESA) that exceeded the weight limit set by the condominium association's pet policy. The owners argued that their ESA, a 63-pound dog, was necessary for one of the owners who had been diagnosed with several mental health conditions. The court considered whether the trial court correctly dismissed the disability discrimination claims under New Jersey's Law Against Discrimination (LAD) and how requests of this type should be evaluated under the LAD.The court held that individuals seeking an accommodation must show they have a disability under the LAD and demonstrate that the requested accommodation may be necessary to afford them an "equal opportunity to use and enjoy a dwelling." The housing provider then has the burden to prove that the requested accommodation is unreasonable. Both sides should engage in good-faith, interactive dialogue in this process. If the parties cannot resolve the request, courts may be called on to balance the need for, and benefits of, the requested accommodation against cost and administrative burdens it presents. With this framework, the court found that the owners' claims should not have been dismissed and remanded the matter. View "Players Place II Condominium Association, Inc. v. K.P. and B.F." on Justia Law

In January 2015, plaintiff Angel Pareja was walking to work when he slipped on ice, fell, and broke his hip. The sidewalk area on which he fell was on property owned and managed by defendant Princeton International Properties, Inc. (Princeton International). The night before, a wintry mix of light rain, freezing rain, and sleet began to fall. Around the time of his fall, light rain and pockets of freezing rain were falling. Pareja’s expert opined that Princeton International could have successfully reduced the hazardous icy condition by pre-treating the sidewalk. The trial court granted summary judgment to Princeton International. The Appellate Division reversed, holding Princeton International had a duty of reasonable care to maintain the sidewalk even when precipitation was falling. The New Jersey Supreme Court affirmed the trial court, finding that Princeton International owed Pareja a duty only in unusual circumstances, none of which were present here. Princeton International took no action to increase Pareja’s risk, and the record showed that the ice on the sidewalk was not a pre-existing condition. View "Pareja v. Princeton International Properties" on Justia Law

Plaintiff H.C. Equities, L.P. asserted contract claims against its commercial tenant, the County of Union, after the County began to withhold rent payments in response to a dispute about the condition of the leased commercial buildings. During negotiations to settle the contract matter, the County directed its co-defendant, the Union County Improvement Authority (Authority), to assess the County’s real estate needs. H.C. Equities obtained a copy of a consultant’s report prepared as part of that assessment and objected to statements in the report about the condition of the buildings that it had leased to the County. H.C. Equities filed suit against the County and the Authority, asserting conspiracy claims against both defendants and trade libel and defamation claims against the Authority. Plaintiff did not apply for permission to file a late tort claims notice until more than eight months after the expiration of the one-year period allowed under N.J.S.A. 59:8-9 for the filing of such motions. The trial court held that H.C. Equities had failed to file the notices of claim that the Tort Claims Act required and dismissed its tort claims. H.C. Equities appealed, and the Appellate Division reversed the trial court. Relying on a combination of excerpts from three letters written by H.C. Equities’ counsel, the Appellate Division found that H.C. Equities substantially complied with the Act’s notice of claim provisions. The New Jersey Supreme Court disagreed that a finding of substantial compliance with the Tort Claims Act could be premised on comments made by plaintiff’s counsel in three different letters sent to lawyers representing the defendant public entities. The Supreme Court did not find that H.C. Equities’ letters, individually or collectively, communicated the core information that a claimant had to provide to a public entity in advance of filing a tort claim. The Appellate Division’s determination was reversed, and the matter remanded to the trial court. View "H.C. Equities, LP v. County of Union" on Justia Law

In 2010, a nine-month-old infant, J.H., suffered permanent scarring when he was burned by an uncovered, free-standing cast iron loop radiator in an apartment owned and managed by defendants R&M Tagliareni, LLC, and Robert & Maria Tagliareni, II, LLC. J.H.’s father placed J.H. in a twin bed to sleep with his ten-year-old stepsister. The bed did not have rails and was adjacent to a steam-heated radiator that did not have a cover. The next morning, J.H. was discovered lying on the floor with his head pressed against the hot radiator. As a result of the seriousness of J.H.’s injuries, the Hudson County Prosecutor’s Office launched a child abuse investigation. Detectives spoke with the building’s superintendent, who explained that while the individual apartments were not equipped with thermostat controls, the radiators in each room of the apartments could be shut off by the tenants through valves located at the base of each radiator unit. J.H. and his guardian ad litem filed suit, alleging defendants’ negligence was the cause of J.H.’s injuries. The New Jersey Supreme Court was unpersuaded that N.J.A.C. 5:10-14.3(d) imposed any regulatory duty on landlords to cover in-unit radiators with insulating material or a cover. The Court also found the tenants in this case maintained exclusive control over the heat emanating from the radiator, therefore, the Court declined to impose on landlords a new common law duty to cover all in-unit radiators. View "J.H. v. RM Tagliareni" on Justia Law