NJAA Submits Amicus Brief in Appeal of Hamilton Twp. (Atlantic Co.) Licensing Ordinance
August 29, 2014
The NJAA petitioned the Appellate Division of the Superior Court to join as an amicus curiae in support of the appellant in Timber Glen vs. Township of Hamilton (Atlantic County).
The apartment firm, Timber Glen, is asking the court to invalidate Hamilton’s apartment licensing scheme as impermissible under state laws enabling municipalities to adopt licensure ordinances. NJAA’s brief argues that, as the power to license is not inherent in municipal corporations, any ordinance which attempts to license without a statutory grant of power are considered ultra vires and void.
The New Jersey Legislature, in adopting amendment to the licensure laws in 1998, expressly limited municipal licensure authority to seasonal rentals (rentals of less than 175 days), a point which is clear in both the plain meaning of the statute and was underscored in the bill’s legislative history. NJAA argues in its brief that the legislative intent is unequivocal and that the Trial Court’s ruling, if allowed to stand, would create a mischievous incentive for municipalities to adopt such ordinances, which would drive up housing costs for rental housing providers and rental residents alike.
Click here for a copy of NJAA’s brief in support of the appeal.
NJAA is represented in this matter by Charles Gormally, Esq., Brach Eichler, LLC.