Berk Cohen Associates v. Boro. of Clayton, 402 N.J. Super. 409 (App. Div.), certif. granted 197 N.J. 15 (2008). The question of whether the real estate owner or the local government should be responsible for these costs take on an added dimension during the current difficult economic times.
Berk Cohen (Landlord) owned a typical garden apartment complex consisting of 164 units in seven buildings located in the Borough of Clayton (Borough). In accordance with the standard practice for this type of development, solid waste and recyclables generated by the tenants were collected from onsite dumpsters and containers provided by the complex owner. The cost for this service was initially paid for by the landlord. But similar to other operating expenses, these costs would ordinarily be passed along and be reflected in the rent. This practice contrasted with the services provided to other borough residents residing along public roads and streets who received free curbside collection.
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