State v. Kiejdan

In State v. Kiejdan, 181 N.J. Super. 254, 437 A.2d 324 (App.Div.1981), a landlord was convicted of failing to provide heat to tenants despite his claim that the heating system had been repeatedly vandalized. The Court held that strict liability was "an unexceptionable and appropriate legislative option where employed to implement a regulatory scheme designed to deal with a serious social problem." Id. at 258, 437 A.2d 324. The Court considered the landlord's obligation to furnish heat as "a regulatory scheme intended to protect and advance the public health and safety," and the imposition of strict liability as "a necessary tool for the effectuation of its public purpose." Ibid. The Court rejected defendant's claim that strict liability violated his right to substantive due process, noting that he could have, but failed to take action to prevent a recurrence of vandalism. Id. at 260, 437 A.2d 324.