Judge dismisses suit filed by Princeton Borough landlord.
By: Jennifer Potash
Princeton Borough laws designed to reduce overcrowded housing received a boost from a Mercer County Superior Court judge who dismissed a lawsuit challenging the enforcement of the ordinances.
Superior Court Judge Linda R. Feinberg granted the borough’s motion to dismiss the lawsuit filed by Spooner Corp., which manages several properties in the John-Witherspoon neighborhood, and Alan N. Zar, a rental agent employed by Spooner Corp., in a ruling March 15.
"Having determined that there exists a rational connection between the improper location of mattresses and bedding materials and the existence of overcrowding, the Borough Council has the authority to safeguard public health and welfare," Judge Feinberg wrote in her decision.
Borough officials said they are pleased with the court’s decision.
"This will make obtaining convictions at the local level much cleaner," said Borough Administrator Robert Bruschi.
Gordon C. Strauss, a Princeton Township attorney, filed the lawsuit last year challenging the borough ordinances as unconstitutionally vague.
Mr. Zar was cited in August with an overcrowding violation at a Witherspoon Street property. A tenant at the property, Leonardo Soles, also was cited. The cases are pending before the Borough Municipal Court.
The basis for the summonses was a housing inspection that revealed a futon with a fitted sheet in the closet of a studio apartment, which indicated the closet was used as a bedroom, according to the inspector. A clock-radio, fan and night-light, all inside the closet, were plugged into an extension cord running out of a nearby wall outlet.
Borough ordinances require bedrooms to have a minimum of 70 square feet and the closet was only 24 square feet.
Mr. Strauss argued in the lawsuit the words "mattress" and "bedding material" in the ordinance were vague and could include anything from pajamas to a toothbrush and glass of water. Also the ordinance, according to his suit, would subject citizens to the nearly unlimited discretion of the housing inspector, to whom the borough ordinance provides no guidance.
Judge Feinberg disagreed and found the ordinance met the standard that a person of ordinary intelligence could read and comprehend the challenged terms "mattress" and "bedding materials."
Mattress is a commonly used word and bedding materials is clearly understood in the context of the ordinance, Judge Feinberg wrote.
"While the court acknowledges that the term encompasses a whole host of everyday items such as sheets, pillows, blankets and pajamas, common sense dictates that the ordinance must be read in a manner consistent with its intended purpose of alleviating overcrowding," Judge Feinberg wrote.
Judge Feinberg disagreed with Mr. Strauss’ argument that the new ordinances give the housing inspector the final say in determining that a violation occurred.
The ordinance only permits the enforcement officer to issue a summons when "certain specific and defined circumstances are present," Judge Feinberg said. The decision as to whether or not a violation took place is up to the municipal court judge, she said.
Mr. Strauss could not be reached for comment Monday.
The Borough Council approved two ordinances in 2000, one allowing borough housing inspectors to give summonses without warnings to habitual offenders and the other authorizing summonses when rental properties fail to meet basic health and safety regulations.
In 2001, the council put on the books two additional ordinances, one that allows seeking a conviction if a landlord’s property has the appearance of individuals living in the basement, attic or closets, and another that allows seeking a conviction if there are multiple refrigerators inside or outside the property.
Residents of the John-Witherspoon neighborhood, the historically black and most densely populated area in the borough, have long complained about rental properties housing as many as 20 people. They also reported excessive garbage strewn on the properties and illegal tenants urinating or bathing in side or back yards.
In recent meetings, residents of the John-Witherspoon neighborhood have said overcrowding persists despite the ordinance changes.
The tenants in the properties bring in additional people to help pay the rent so a two- or three-bedroom house could have as many as 20 people, said Eric Craig, a Witherspoon Street resident.
Many of the tenants are newly arrived immigrants from Mexico and Central America, which has caused some tensions in the neighborhood.
Jim Floyd Sr., a Harris Road resident, said when he leaves the Witherspoon Presbyterian Church on Sunday mornings, he must slalom around the multiple garbage and recycling cans and discarded furniture on the curb outside adjacent rental properties. The residents are violating the borough ordinance prohibiting the placement of garbage on the street before 6 p.m., he said.
Mr. Bruschi said residents with garbage complaints on weekends should notify the borough Police Department. The officers will notify the violators with a warning or a summons and the Public Works Department will follow up with the landlords or property owners during the week, he said.