Jones v. Buford
| Decision Date | 05 February 1975 |
| Citation | 333 A.2d 279,132 N.J.Super. 209 |
| Parties | Arlethia JONES, Plaintiff-Appellant, v. James BUFORD, Director of Health and Welfare, as Agent for Roy L. Management Corporation, Defendant-Respondent. |
| Court | New Jersey Superior Court — Appellate Division |
James B. Ventantonio, Somerset, for plaintiff-appellant (Stanley Varon, Newark, attorney on the brief).
Zulima V. Farber, Union City, for defendant-respondent (Milton A. Buck, Corp. Counsel of the City of Newark, East Orange, attorney).
Before Judges MICHELS, MORGAN and MILMED.
The opinion of the court was delivered by
Plaintiff, a tenant in an apartment building in Newark owned by Roy L. Management Corporation, appeals from the denial by the Law Division of her claim for relief under N.J.S.A. 26:3--31, subsection (p). The court there held that it was 'without jurisdiction to compel the relief prayed for by the plaintiff.' We accelerated the time schedule of the appeal pursuant to R. 2:9--2.
The facts are not in dispute. Plaintiff is a tenant in the apartment building located at 448 Fairmount Avenue in Newark. She seeks the furnishing of heat and hot water to her apartment in accordance with the terms of her tenancy. To this end she seeks to compel defendant to act as agent for the landlord to engage repairmen and order parts necessary to restore the boiler at the premises to operating condition, the repairmen and materialmen to bill the landlord directly for the costs and to file a notice, approved by defendant, with the county clerk, resulting in a lien on the premises in their favor, all pursuant to N.J.S.A. 26:3--31(p).
On and after October 1, 1974 plaintiff notified the landlord, Roy L. Management Corporation, that there was no heat and no hot water in the building because the boiler at the premises was broken. She also informed the Division of Inspections of the Department of Health and Welfare of the City of Newark of the situation. An inspection was made; the boiler at the premises is broken; the landlord claims that it is financially unable to make the necessary repairs; although the outside air temperature has been under 55 F., no heat or hot water has been provided and no action to remedy the situation has been taken by the landlord or defendant Director of Health and Welfare. At the time of the hearing in the Law Division plaintiff was the only tenant in the building who was current in the payment of rent.
Defendant contends that the provisions of N.J.S.A. 26:3--1 et seq. are not applicable to him; that his authority is derived from the City Council of Newark in accordance with the provisions of the Faulkner Act, N.J.S.A. 40:69A--1 et seq. 1; that he 'is empowered merely to recommend enactment, alteration or amendment of ordinances'; that the powers of a local board of health to adopt ordinances, as set forth in N.J.S.A. 26:3--31, are discretionary only; that the Newark Department of Health and Welfare has not adopted any ordinance on the subject set forth in N.J.S.A. 26:3--31(p), and that, accordingly, plaintiff is not entitled to the relief which she seeks.
We find no merit in defendant's contention. As pointed out in Myers v. Cedar Grove Tp., 36 N.J. 51, 174 A.2d 890 (1961):
There shall be a board of health in every municipality in this State, except in those municipalities which are included within a consolidated local health district, or a county local health district, which board shall consist of members appointed or designated, or both, as provided by this chapter, Except that in any municipality operating under laws establishing a form of government for such municipality under which the full powers of a local board of health can not be exercised by a local board of health so appointed or designated, the respective functions of a local board of health shall be exercised by such boards, bodies, or officers as may exercise the same according to law. (Emphasis supplied)
The pertinent provisions of N.J.S.A. 26:3--31 read as follows:
The local board of health shall have power to pass, alter or amend ordinances and make rules and regulations in regard to the public health within its jurisdiction, for the following purposes:
m. To require in buildings, designed to be occupied, or occupied, as residences by more than two families and when the owners have agreed to supply heat, that from October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at least at 68 F. whenever the outside temperature falls below 55 during daytime hours from 6 a.m. to 11 p.m. At times other than those specified interiors of units of dwelling space shall be maintained at least at 55 F. whenever the outside temperature falls below 40 .
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building. The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
p. To act as the agent for a landlord in the engaging of repairmen and the ordering of any parts necessary to restore to operating condition the furnace, boiler or other equipment essential to the proper heating of any residential unit rented by said landlord, provided, however, that at least 24 hours have elapsed since the tenant has lodged a complaint with the local board of health, prior to which a bona fide attempt has been made by the tenant to notify the landlord of the failure of the heating equipment, and the landlord has failed to take appropriate action, and the outside air...
To continue reading
Request your trial
-
Jones v. Buford
...court decided it lacked power to afford the relief sought, and dismissed the complaint. The Appellate Division reversed, 132 N.J.Super. 209, 333 A.2d 279 (1975), and we granted defendant's petition for certification. 68 N.J. 151, 343 A.2d 438 (1975). We now reverse and reinstate the judgmen......
- Blum v. Prudential Ins. Co. of America
-
Division of Health, Dept. of Health & Welfare v. Rogers
...government under N.J.S.A. 26:3-1, but relies upon its inherent powers to enforce applicable health laws. See Jones v. Buford, 132 N.J.Super. 209, 333 A.2d 279 (App.Div.1975), rev'd on other grounds 71 N.J. 433, 365 A.2d 1364 The city had prima facie standing to assert the cause of action pl......