Robert Maglies, Plaintiff-Respondent v. Estate of Bertha Guy, Defendant, and Sherri Jennings, Intervenor-Appellant

Summary

The New Jersey Supreme Court reversed the Appellate Division and remanded, holding that a surviving family member who has continuously resided in a Section 8 household, contributed financially to the rent, and whose residence was consented to by the landlord is a functional co‑tenant entitled to the protections of the Anti‑Eviction Act. The Court also affirmed that Section 8 does not create tenancy rights and that the Act must be construed liberally to include such functional equivalents. Justice Hoens dissented, arguing that the majority’s reading expands the Act beyond its plain language.