Chase Manhattan Bank v. Josephson

Today, the majority holds that the Anti-Eviction Act, as amended by L.1986, c. 38, applies to all foreclosing mortgagees holding a lien that was established prior to the leasehold of the tenant in possession. In so doing, the majority does precisely what this Court declined to do in Guttenberg Savings & Loan Ass’n v. *?Rivera, 85 N.J. 617, 428 A.2d 1289 (1981)—namely, extend the Anti-Eviction Act to foreclosing mortgagees without a clear legislative indication that such a construction reflects the Legislature’s intent. Relying primarily on the ambiguous words, “the owner’s or landlord’s…