Dome Realty, Inc. v. City of Paterson

In Dome Realty, Inc. v. City of Paterson, 83 N.J. 212, 235, 416 A.2d 334 (1980), the Court held that the exemption of owner-occupied, two-family homes from the requirements of an ordinance establishing standards of habitability did not violate federal equal protection. Id. at 243, 416 A.2d 334. The Court found a rational basis in the exemption because "landlords who live in their buildings have greater incentive to maintain them." Ibid. The city thus acted both rationally and efficiently in conserving "its enforcement resources for larger buildings with absentee landlords." Ibid. In Dome Realty, supra, 83 N.J. 212, 416 A.2d 334, the Court rejected the argument that requiring that a unit be vacant when it was inspected was arbitrary and unreasonable, and that it prevented landlords from earning fair profits. Id. at 235-37, 416 A.2d 334.