Stops Drug-Related Eviction from Jersey City Public Housing
In August 1996, Hudson County Legal Services stopped a drug-related
eviction from Jersey City public housing. The case began in April, 1995
when police arrested Walter Myers, a public housing resident, for possession
of illegal drug paraphernalia. In October, housing officials informed Myers
they were terminating his lease at the end of the month for his drug activity.
Legal services lawyers charged that the eviction was illegal because they
failed to give Myers at least 30 days notice of the lease termination.
Housing officials argued that they shouldn’t have to give accused drug
criminals advance notice as they pose an inherent threat to the safety
of other residents and should be evicted as quickly as possible. However,
legal services stopped Myers’ eviction, claiming that the housing authority
failed to show how his drug crimes threatened tenant safety.
See Housing Auth. of Jersey City v. Myers, 295 N.J. Super. Ct.,
1996
Seeks Unemployment Benefits For Man Who Lost Job While in Jail
In February 1997, the Legal Aid Society of Mercer County tried to win
unemployment benefits for a man who lost his job because he was incarcerated.
The man in question, Ricky Fennell, worked as housekeeper at the Mercer
Medical Center until he was arrested for aggravated assault and other charges.
Fennell spent nine months in jail. After his release, the center
refused Fennell’s request that he be rehired. Legal Aid then filed suit
seeking unemployment for Fennell. Legal Aid claimed that he was owed unemployment
because it wasn’t his fault he lost his job. However, a state court disagreed.
Observing that it is important to protect the unemployment fund from undeserving
persons, the court held that it was Fennell’s fault that he lost his job
-- being incarcerated for assault -- and thus didn’t deserve unemployment
benefits because his employer refused to rehire him.
See Fennell v. Mercer Medical Center, 297 N.J. Super. 319, 1997
Wildwood School Forced to Readmit Suspected Gang Member
In 1996, Cape-Atlantic Legal Services forced the Wildwood Board of Education
to reinstate a student suspended for being a suspected gang member. Legal
Services argued that the student, identified as C.F. in court documents,
was wrongfully suspended because school officials failed to properly inform
her of the charges and did not hold a timely hearing following the suspension.
Although C.F. was placed in homebound study, legal services argued that
she was being irreparably harmed by the suspension. The Commissioner of
Education ruled that the school board failed to follow due process requirements
and ordered the student readmitted.
See C.F. v. City of Wildwood Board of Education, EDU 798-96,
1996