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Market Dundee Corp. v. Jaramillo

Decided: February 7, 1990.

MARKET DUNDEE CORP., PLAINTIFF,
v.
CESAR JARAMILLO, MARIO SANCHEZ, VITERBA DELGADO, BIENVENIDA LUNA, GILBERT OTERO, DEFENDANTS



Hornstein, J.s.c.

Hornstein

These are five cases consolidated for trial because they involve the same issues of fact and law.

The complaints were filed November 9, 1989 in which plaintiff-landlord seeks to evict each of the defendant-tenants pursuant to N.J.S.A. 2A:18-61.1 k.

Hearing on the merits was held December 7, 1989.

There is no dispute as to the facts.

Plaintiff-corporation is the owner of a multi-family apartment building located at 110 33rd Street, Union City.

The property was converted to condominium status by plaintiff on or about June 13, 1986.

Plaintiff is the "developer" or "converter" of the property and the current landlord as to each of the defendants.

Each of the defendants is a month-to-month tenant in the building in what was formerly called an apartment but what is now referred to as a "condominium unit."

There are nine dwelling units in the building.

Plaintiff had served on each of the defendant-tenants the following: notice of intent to convert; master deed; copy of corporate by-laws; description of percentage of ownership in common areas; offering price and notice to tenants to apply for protected tenancy status.

There is no dispute as to the legal sufficiency or proper service of each of these documents.

A "full plan of conversion" was not served on the tenants nor was a duplicate of a full plan of conversion filed with the City Clerk of Union City.

Plaintiff claims it is exempt from the filing of the full plan of conversion because it received a "notice of exemption" from the Department of Community Affairs (P1 in evidence). This letter reads as follows:

Theodore R. Cohn, Esq.

72 S. Livingston Avenue

Livingston, NJ 07039

Re: Notice of Exemption

110 33rd Street, Union City, NJ

Dear Mr. Cohn:

Under the Planned Real Estate Development Act, (N.J.S.A. 45:22a-21 et seq.) this Agency is authorized to exempt certain developments from it provisions. Based, in part, on the information contained in your request dated November 14, 1985 and due to the limited nature of the offering, the Agency finds that enforcement of the Act is not necessary in the public interest. Your request for an exemption is hereby granted.

Be advised, however, that you are required to comply with the requirements of N.J.S.A. 2A:18-61.1 et seq. and the ...


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