Tauber v. City of Newark

YANOFF, J.S.C.

(temporarily assigned) (Retired, on Recall).

Involved here is delineation of the obligations of a municipality when it becomes the purchaser of real property at a tax sale and thereafter takes possession of the property pursuant to N.J.S.A. 54:5-53.1. The uncontradicted facts follow.

On October 1, 1985, the City of Newark took possession of 447-449—5th Street, Newark, New Jersey, by reason of such a sale. The City’s practice is not to collect rents for 90 days after it takes possession. This it supports by citing N.J.S.A. 54:5-87, *259giving an owner three months to reopen a judgment…