Turner v. Gross

SLM-L-120-95 (N.J. Super. Ct. Salem County filed Sept. 21, 1995). ; Clearinghouse Number: 51162

Description

Public Housing Tenant Sues Housing Authority and City Officials for Not Supplying Her Family with Habitable Apartment

Abstract

Plaintiff tenant has filed her complaint against the failure of defendant public housing authority (PHA) to provide her with a habitable apartment. Plaintiff alleges that her unit has been in a state of disrepair since she and her seven children moved in; several problems, including inoperable heating units in most of the rooms, severe roach infestation, inoperable toilets, sewage and water pouring down the walls of the downstairs bathroom whenever the upstairs bathroom is used, clogged sinks, electrical problems, and inoperable smoke alarms. once minor have become major over time. Although plaintiff’s apartment complex was renovated in 1994, plaintiff’s unit was not. Plaintiff withheld her rent. An independent inspection of her unit found it unfit for human occupancy. A second inspection initiated by PHA reached the same conclusion. Nevertheless, PHA did not transfer plaintiff and her family to a habitable unit, nor did defendant city officials assist them in relocating or by enforcing state or municipal housing codes. The court dismissed PHA’s petition to evict plaintiff for nonpayment of rent. After inspecting the premises, the court ordered PHA to transfer plaintiff to another apartment, which plaintiff alleges is also unsafe and unsanitary. Plaintiff alleges that she has been constructively evicted from her apartment because of defendants’ refusal to make substantial repairs. She claims that PHA has breached the warranty of habitability and violated the state’s housing code and that city officials have failed to apply the municipal code’s minimum housing standards to PHA.

Additional Information

Attorney Information
Plaintiff represented by Donna Cantor, Camden Regional Legal Services, 22 East Washington St., Bridgeton, NJ 08302, (609) 451-0003.
Docket Date
1995-09-21 00:00:00+00:00