Community Realty Management, Inc. v. Harris

In Community Realty Management, Inc. v. Harris, 155 N.J. 212, 233-34, 714 A.2d 282 (1998), the court concluded that attorneys' fees sought by the section 8 landlord could not have been made a condition of the tenant's payment to avoid a judgment of possession. Id. at 236, 714 A.2d 282. But it so concluded because the applicable lease did not provide for such fees, not because of the governing federal law. As the Court read the court's decision, it recognized that there was nothing in the federal law that precludes such additional fees as part of the summary dispossess proceedings when provided for by lease. Id. at 233-34, 714 A.2d 282.