Taylor v. Cisneros

OPINION

LIFLAND, District Judge.

Currently before the Court are cross-motions for summary judgment as to the constitutionality of N.J.S.A. 2A:18-61.1(n), the New Jersey “Anti-Eviction Act.” 1 Under the act, a tenant’s conviction for possession of drug paraphernalia entitles a residential landlord to regain summarily possession of his property. Plaintiff, who has twice plead guilty to possession of such paraphernalia, contends that termination of his tenancy will violate his rights guaranteed by the Double Jeopardy Clause, the Excessive Fines Clause, and the Due Process Clause. 2 For the reasons…