Romano v. Hous. Auth. of City of Newark

• Decision Date: 08 November 1939
• Docket Number: Nos. 259, 260.,s. 259, 260.
• Citation: 10 A.2d 181,123 N.J.L. 428
• Parties: ROMANO et al. v. HOUSING AUTHORITY OF CITY OF NEWARK et al. CHIARAVALLO et al. v. SAME.
• Court: New Jersey Supreme Court

10 A.2d 181

123 N.J.L. 428

ROMANO et al.

v. HOUSING AUTHORITY OF CITY OF NEWARK et al.

CHIARAVALLO et al.

v. SAME.

Nos. 259, 260.

Supreme Court of New Jersey.

Nov. 8, 1939.

Certiorari proceedings by Pasquale Romano and others against the Housing Authority of the City of Newark and others, and by Joseph Chiaravallo and others against the Housing Authority of the City of Newark and others, to determine whether the Newark Housing Authority had power to condemn land pursuant to law.

Writs dismissed.

Argued October term, 1939, before PARKER, BODINE, and PERSKIE, JJ.

Kanter & Kanter and Elias A. Kanter, all of Newark, for prosecutors.

Milton R. Konvitz and Frank H. Sommer, both of Newark, for defendants.

Endorsing the statements made in the brief of Newark Housing Authority as amici curiae on behalf of their respective clients were:

Harry L. Tepper, of Newark, for State Housing Authority of New Jersey.

Louis E. Levinson, of Asbury Park, for Housing Authority of City of Asbury Park.

Stanley Cohen, of Long Branch, for Housing Authority of City of Long Branch.

Lewis P. Scott, of Atlantic City, for Housing Authority of City of Atlantic City.

Daniel J. O'Hara, of Elizabeth, for Housing Authority of City of Elizabeth.

William H. Geraghty, of Trenton, for Housing Authority of City of Trenton.

Alexander Denbo, of Burlington, for Housing Authority of City of Beverly.

Edmond J. Dwyer, of Orange, for Housing Authority of City of Orange.

William C. Vandewater, of Princeton, for Housing Authority of Borough of Princeton.

Morgan R. Seiffert, of New Brunswick, for Housing Authority of City of New Brunswick.

BODINE, Justice.

In these two cases the fundamental legal question is the power of the Newark Housing Authority to condemn prosecutors' property situate in that city. The legislature by P.L.1938, c. 19, p. 65, N.J.S.A. 55: 14A-1 et seq., empowered the city of Newark by ordinance to create a body corporate and politic to be known as the Housing Authority of Newark. The Board of Commissioners of that city created such a body and appointed the members thereof. On March 16, 1939, this Housing Authority found it necessary to acquire the prosecutors' properties for the purpose of building a public housing project for families of low income, and authorized the commencement of the condemnation proceedings in question. Commissioners to fix the values were appointed. However, writs of certiorari were allowed, together with a limited stay pending the determination as to the validity of the creation of the Newark Housing Authority and its powers to condemn land pursuant to law.

In 1866, Chief Justice Beasley wrote the opinion of the Court of Errors and Appeals in the Tide-Water Co. v. Coster, 18 N.J. Eq., 518, 90 Am.Dec. 634. The Tide-Water Company was called into being to assist in the draining of the tide-water marshes adjacent to Newark Bay and its tributary streams. He there said: "That the legislative authority is competent to effect the end provided for in this act, I can entertain no doubt. The purpose contemplated, is to reclaim and bring into use a tract of land covering about one fourth of the county of Hudson, and several thousand acres in the county of Union. This large district is now comparatively useless. * * * To remove these evils and to make this vast region fit for habitation and use, seems to me plainly within the legitimate province of legislation; and to effect such ends, I see no reason to doubt that both the prerogatives of taxation and of eminent domain may be resorted to. From the earliest times, the history of the legislation of this state exhibits many examples of the exercise of both these powers for purposes not dissimilar, and by these means, without question, many improvements have been effected. The principle is similar to that which validates the transfer by legislative authority, of private property to private corporations for the construction of railroads and canals, or the construction of sewers and streets, and the imposition of the expense on the lands benefited. It is the resulting general utility which gives such enterprises a kind of public aspect, and invests them with privileges which do not belong to mere private interests. I have no difficulty, therefore, in concluding that the legislature was fully authorized to adopt measures to accomplish the general design embraced in this act, now under the consideration of this court."

That the courts of this state have upheld legislation designed in the interest of the public health, safety and morals to eliminate blocks of unsafe and unsanitary dwellings by taking by condemnation parts of land for the purposes of parks and playgrounds for the benefit of the public is apparent in the case of Simon v. O'Toole, 108 N.J.L. 32, 155 A. 449, affirmed Id, 108 N.J.L. 549, 158 A. 543.

For more than thirty years forward looking persons have made exhaustive studies of slum clearance and the evil result of slum continuance. Jacob Riis, from the vantage point of a reporter on a New York City newspaper, was among the first to direct public attention to slum evils, and the fact that their continuance was always sponsored by the property owner class who unduly profited from the miseries of others. However, it remained for the federal government, under forward looking leadership, to make effective warfare for the benefit of one-third of the nation's "ill-housed, ill-clad and ill-nourished" citizens. Poor housing conditions, it has been show definitely produce disease, an early death rate, as well as many juvenile delinquents.

The United States Housing Act was passed in 1937, 50 U.S.Stat. 888, 42 U.S. C.A. §§ 1401-1430. Government funds and credit were pledged to assist the states and the subdivisions thereof to remedy the unsafe and unsanitary housing conditions prevalent, and to correct the shortage of decent, safe and sanitary dwellings for low income group families. The United States Housing Authority was authorized to...