3519-3513 Realty, Llc. v. Law

967 A.2d 954 (2009)


P is the owner of the three-unit building. Isaac Rosenberg, the sole member of P, acquired title to the building in August 2002. In 2007, Rosenberg formed P and transferred title to the building to P. Ds are month-to-month tenants who occupy one of the units in the building. They received a Notice to Quit terminating their tenancy as of March 31, 2008, pursuant to N.J.S.A. 2A:18-61.1(l)(3). The ground asserted was that Rosenberg wished to occupy the apartment himself. Ds claimed that P could not invoke that section of the statute. The trial court found for D and P appealed. P argues that Rosenberg, as its sole member, is entitled to invoke this subsection because he wished to live in the particular unit. Ds argue that Rosenberg is not the owner of the building and that P, as a limited liability company, cannot personally occupy the apartment.