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Nolasco v. The Mayor and the Board of Commissioners of the City of Jersey City

A-5125-99T5 (N.J. Super. App. Div. 2001) (Unpublished)

LANDLORD-TENANT; RENT CONTROL—Even under rent control, a rental, once vested, should not be rolled back and recalculated upon the advent of a new tenant.

A tenant in a rent controlled unit challenged her monthly rent as excessive under the municipality’s Rent Leveling Ordinance. The Rent Leveling Board determined that the prior tenant had paid a monthly rent of about $30 less than this tenant had been paying and determined that the legal base rent of the apartment was $30 less than the current rent. The tenant argued that the rent should have been even lower based upon the rent history of the apartment. The Court disagreed, and in doing so upheld the lower court’s application of the principles of Collins v. Albro, 296 N.J. Super. 191 (App. Div. 1996). There, the Collins court said, “[w]e see no clear enunciation of a policy to require a rental, once vested, to be rolled back and recalculated upon the advent of a new tenant ... .”

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