Legal Question in Civil Rights Law in New Jersey

NJ multiple dwellings law violates of U.S. and NJ Constitution?

I am considering a legal action in the Middlesex County Superior Court (NJ). I want to argue that NJ multiple dwelling statutes (N.J.S.A. 55:13A-1 et seq.) are in violation of the Fourth Amendment of the US Constitution and the Chapter I Paragraph 7 of the NJ Constitution.

I would like someone to check my theory for sanity: N.J. law puts condominiums in the same category as hotels and apartment buildings � it considers them as multiple dwellings. Based on this law, my township demands that every 5 years a fire Marshall be granted entry into a private residence in order to conduct an inspection. While personally I have nothing to hide, this strikes me as a violation of constitutional rights that I described above. The government demands entry into a private residence without a warrant or a probable cause. If you believe that my position is without merit, I would appreciate it if you would let me know that, so that I don�t waste the court�s valuable time. If, however, I may be correct, I would like an opportunity to ask some specific strategy questions: should I wait until I receive a summons for not allowing the inspection or should I preempt, and file a law suit and ask for injunctive relief?


Asked on 4/10/07, 10:50 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: NJ multiple dwellings law violates of U.S. and NJ Constitution?

No you are not insane; just mistaken. N.J.S.A. 55:13A-1 allows you to make an appointment for an inspection. If you, the owner of an individual unit, fails to have an inspection, then the burden would generally fall on the association to make the unit available for a fire inspection. The inspection is limited, meaning, the fire marshal has no right to inspect your underwear draw; only the hallway access, smoke alarm and look for any combustable item (e.g. a propane tank stored next to a working fireplace). A Fourth Amendment violation is generally a warrantless search or a search that violates the provisions of a search warrant (e.g. the warrant is for the detached garage only but they -the police- search the house).

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Answered on 4/10/07, 11:48 pm


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