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Housing Authority v. Green

Decided: March 30, 1972.

HOUSING AUTHORITY, CITY OF TRENTON, PLAINTIFF-RESPONDENT,
v.
MATTIE GREEN, DEFENDANT-APPELLANT



Conford, Matthews and Fritz.

Per Curiam

The parties concede the $15 attorney's fee to be reasonable as a general matter. It was therefore properly contracted for. See Bergen Builders, Inc. v. Horizon Developers, Inc. , 44 N.J. 435 (1965).

The fee could lawfully be contracted to be considered additional rent, for purposes of the summary dispossess act. See Vineland Shopping Center, Inc. v. De Marco , 35 N.J. 459, 470 (1961).

We find nothing in the federal or state statutes or applicable regulations involving low-rent housing policies which is contravened by the lease provision here challenged. It is entirely consistent with those policies that landlord housing authorities recoup from dilatory tenants the reasonable

legal costs attendant upon necessary dispossess actions. Nor is there anything unconscionable or otherwise contrary to public policy in doing so by a lease stipulation that the reasonable attorney's fees become additional rent due and owing by the tenant.

Other arguments advanced by defendant are found to lack merit.

Affirmed, no costs.

19720330 ...


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