TROOPER BRETT BLOOM, ETC. VS. STATE OF NEW JERSEYÂ (L-542-12, MERCER COUNTY AND STATEWIDE), A-0110-15T1

Background

Mansions Apartments (landlord) operates a HUD Section 8–subsidized complex; Toniann Husband (tenant) leased a one‑bedroom unit as sole occupant since 2007.
Landlord issued a March 24, 2015 Notice to Cease alleging disturbances and that an unauthorized occupant, Michelle Dea, was living in Husband’s unit.
After noncompliance, landlord issued a Notice Terminating Lease (effective May 31, 2015) and filed a summary dispossession complaint alleging unauthorized occupancy.
At the July 9, 2015 bench trial landlord presented testimony that Dea’s driver’s license listed Husband’s address and witnesses saw Dea coming and going daily; Husband denied Dea lived with her and gave inconsistent testimony.
Trial judge credited landlord’s witnesses, discredited Husband, and entered judgment for possession; a motion for reconsideration and emergent relief were denied.
HUD sent a bulk electronic rent transfer for subsidized tenants after termination, but landlord certified the funds (including any portion attributed to Husband) were reversed and returned to HUD; Husband’s unit was later destroyed by fire.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved unauthorized occupancy in breach of lease	Witness testimony plus presentation of Dea’s license showing Husband’s address established unauthorized residency	Testimony only showed Dea "coming and going"; landlord failed to produce copy of the license and Husband’s denials create reasonable doubt	Trial court’s credibility findings were supported by substantial, credible evidence; unauthorized occupancy proven and judgment affirmed
Whether landlord’s acceptance of HUD rent after termination created a new tenancy or waived dispossession	HUD payments were bulk transfers for multiple tenants and landlord returned the funds; acceptance (if any) did not evidence intent to waive right to evict	Acceptance of rent after notice to vacate created a new tenancy voiding the judgment	Acceptance of HUD funds (and bulk transfer procedures) did not establish waiver or new tenancy; judgment stands
Whether motion for reconsideration should be granted based on certifications (Dea’s statements)	Trial record and testimony already addressed Dea’s residence; no newly discovered evidence was submitted	New certifications show Dea lives elsewhere and the license copy was not produced, warranting reconsideration	Reconsideration denied—no palpable error or newly discovered material evidence unavailable at trial
Whether appeal is moot because unit was destroyed by fire	—	Husband argued mootness due to vacated unit	Not moot: eviction can have collateral consequences (e.g., loss of federal subsidy) so appeal proceeds

Key Cases Cited

Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974) (standard for appellate review of trial court factual findings)
Seidman v. Clifton Sav. Bank, S.L.A., 205 N.J. 150 (2011) (deference to trial court factual findings unless manifestly unsupported)
Cesare v. Cesare, 154 N.J. 394 (1998) (trial court best positioned to assess witness credibility)
Zaman v. Felton, 219 N.J. 199 (2014) (upholding deference to trial court credibility determinations)
Toll Bros., Inc. v. Twp. of W. Windsor, 173 N.J. 502 (2002) (appellate review principles regarding factual findings)
Jasontown Apartments v. Lynch, 155 N.J. Super. 254 (App. Div. 1978) (landlord acceptance of use-and-occupancy payments does not automatically bar dispossession)
Hous. & Redev. Auth. of Franklin v. Mayo, 390 N.J. Super. 425 (App. Div. 2007) (distinction between rent cure and non-curable lease breaches in eviction contexts)
RAB Performance Recov., LLC v. George, 419 N.J. Super. 81 (App. Div. 2011) (deference on credibility findings)