State v. Capaci

The opinion of the court was delivered by

R.S. COHEN, J.A.D.

Defendant Vincent Capaci and his wife owned residential rental property in Paterson. The record does not show whether it was a single residence or a multi-unit building. They sold the property in 1989, while it was occupied by a tenant or tenants, without complying with Article 29 of Chapter 13 of Paterson's codified ordinances. Defendant was found guilty in the municipal court and then in the Law Division of violating the ordi*67nance, and was fined $40 and assessed $10 in costs. We reverse.

Article 29 concerns lead paint in dwellings.…