On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Essex County, LT 22002-01.
Before Judges Pressler, Landau and Kimmelman.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
The complaint, filed June 22, 2001, demanded possession in two counts. Count One recited defendant's failure to pay unsubsidized rent of $1,003 per month after she was notified that her monthly subsidy in the amount exceeding $135 per month was terminated in accordance with Section 8 (HUD) regulations effective June 1, 2001. Count Two recited defendant's failure to comply with a notice to cease dated April 16, 2001, and notice to quit dated April 26, 2001, effective May 31, 2001.
The matter was tried on stipulated facts, the several termination notices and the lease between the parties. These were deemed legally insufficient to support eviction. We disagree and reverse.
1. Norma Williams commenced a tenancy at Berkeley Terrace Apartments, 5 Berkeley Terrace, Apt. 2B, Irvington, N.J., on or about 1989, and received a Section 8 subsidy.
2. In July 1, 1998, Norma Williams applied for tenancy, and another Section 8 subsidy, at Edward F. Gray Apartments, 712 15th Street, Apt. 1304, Irvington, N.J.
3. Norma Williams commenced tenancy at Edward F. Gray Apartments effective 8/18/98 and began receiving a Section 8 subsidy for that apartment.
4. Norma Williams did not terminate her tenancy at Berkeley Terrace until April 12, 2001.
5. From August 18, 1998 to April 12, 2000, Norma Williams maintained tenancies at Berkeley Terrace and Edward F. Gray Apartments and received subsidies at both locations.
5. [sic] In February 2001, Norma Williams met with the managers of both complexes.
6. In April 12, 2001, Norma Williams terminated her tenancy at Berkeley Terrace Apartments.
7. By letter dated April 28, 2001, Edward F. Gray Apartments purported to terminate the Section 8 ...