Supreme Court of New Jersey

Overlook Terrace Management Corp., a New Jersey Corporation, Plaintiff-Appellant v. Rent Control Board of the Town…

November 10, 197671 N.J. 451

Summary

The Supreme Court of New Jersey reversed the lower courts, holding that the New Jersey Housing Finance Agency Law preempts the West New York municipal rent control ordinance for the HEA‑financed housing project, rendering the ordinance inoperative. The Court based its decision on a preemption analysis showing conflict, exclusivity, need for uniformity, and the comprehensive nature of the state scheme. Justice Pashman dissented, arguing the ordinance should be upheld.