Borough of Glassboro v. Vallorosi
568 A.2d 888 (NJ 1990)
- The Borough commenced this action in September 1986, seeking an injunction against the use and occupancy of a house by 10 college students.
- The complaint alleged that the occupants did not constitute a “family” as defined in the Borough’s ordinance. The ordinance defined a “family” as
- “One or more persons occupying a dwelling unit as a single non-profit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalency thereof.”
- Apparently the kids had a pretty big party, and the injunction came shortly after.
- The Chancery Division concluded that the relationship among the students “shows stability, permanency and can be described as the functional equivalent of a family.”
- The Appellate Division affirmed.
Whether there is sufficient credible evidence in this record to sustain the trial court’s factual finding that the occupancy of defendants’ dwelling by these ten college students constituted a single housekeeping unit as defined by the Glassboro ordinance.
The students often ate meals together in small groups, cooked for each other, and generally shared the household chores, grocery shopping, and yard work. A common checking account paid for food and other bills. They also shared the use of a telephone.