No. 20-438

Tatiana Reiter, et al. v. New Jersey

Lower Court: New Jersey
Docketed: 2020-10-06
Status: Denied
Type: Paid
Tags: affordable-housing constitutional-protections constitutional-rights due-process fifth-amendment fourteenth-amendment marital-property property-rights takings tenancy-by-entirety
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether a temporary, notwithstanding extended, absence by one spouse from a marital residence justifies a court ordered termination of a tenancy by the entirety property interest in a marital home

Question Presented (OCR Extract)

QUESTION PRESENTED As a result of a state court proceeding, the Township of East Hanover was granted a tenancy in common interest with Wyeczeslav Rayter, one of the defendants below, thereby terminating a tenancy by the entirety property interest in a marital home between husband and wife, despite the fact that he was adjudicated to be in compliance with all state statutes, regulations, and township ordinances. This decision violated Wyeczeslav Rayter’s constitutional protections under the Fifth and Fourteenth Amendments of the United States Constitution as well as the New Jersey Constitution, Article I. The question presented is whether a temporary, notwithstanding extended, absence by one spouse from a marital residence justifies a court ordered termination of a tenancy by the entirety property interest in a marital home due to only one spouse, namely Tatiana Reiter, allegedly violating the owner occupancy requirements of an affordable housing agreement where the husband maintained said property at all times as his primary residence. Il,

Docket Entries

2020-12-07
Petition DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-09-30
Petition for a writ of certiorari filed. (Response due November 5, 2020)

Attorneys

Wyeczeslav Rayter
John Mahlon Mills IIIMills & Mills, Petitioner
John Mahlon Mills IIIMills & Mills, Petitioner