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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38879
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I own a home and late on taxes. County health dept.gave me

Customer Question

I own a home and late on taxes. County health dept.gave me 10 days to repair steps, deck frame and clean alleyway of trash. Trash was put from next door tenants moving.Cleaned and fixed. Still got ticket. Selective enforsement? Don't want to repair for his friend if I have to give up. Owned 37 years without problem.Why now?Do I have cause?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for using JA! I am a little confused with regard to the relationship between your late property taxes and the violations. Were the issues with the stairs and the deck frame related to the trash or is this a separate issue? You stated you still received a ticket was the trash on a portion of the alley that belongs to you or your neighbor? Can you tell me the specific local law you are accused of violating?

Customer: replied 1 year ago.
Failure to maintain, exterior of apilrant ( best I can read).Area was cleaned up , alleyway is 10Feetish,Iown 3 feet and can,t get in locked gate built by landlord neighbor, also landlord of house across st who put garbage . All is clean except fenced in area. My steps are ugly but safe and patched up after notice.
My tenants don,t put cans in that area any more. I went through hell with New Brunswick NJ officials for 30 years and most were arrested. This is somerset,nj (Franklin Twp.).My court date 11-19-15. Don't want to go through this again. Same Judge from area towns then, he is dead now , 1 year. Last officl Mike Mahoney ,New Brunswick ,nj had 2 kilos of cocaine in city car and got 1 year probation. Look it up. Im not going to let Franklin town. start. This is my retirerment and I have no mortgage,
just never paid taxes w/o mortg. co .doing it. I want to know if persons buying tax liens want house fixed up by calling town. My cash is on ice until IKnow what to pay, repairs and sell ,oldest tax first,or if town wants to sell to their own as I,m used to from last city. I don't want to go down again without a fight, I lost 3 good houses in New Brunswick NJ Rutgers area.SELECTIVE ENFORCEMENT TAKES 1 OTHER HOME IN COUNTY NOT GETTING A TICKTET, IN SAD CONDITION.This what I want to fight to get them away. Same People FRom NB NJ are now in Franklin Twp (somerset) . This Is my LIFE.
Customer: replied 1 year ago.
All I want to know is how to start selective enforcement on This . I've owned home foe 36 years and never had a problem until tax lien. Bot***** *****ne. Not A lawyer but love to fight corrupt officials. Also , I have a lawyer on retainer but, don't want to use him if it is SELECTIVE ENFORSMENT. Just tell me what to do starting my charges.
Expert:  socrateaser replied 1 year ago.


Different contributor here. Please permit me to assist.

"Selective enforcement" is considered a violation of the U.S. Constitution, 14th Amendment where: (1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious or bad faith intent to injure the person.

FSK Drug Corp. v. Perales, 960 F.2d 6, 10 (2d Cir.1992).

Depending on how the Health Department is enforcing the ordinance, i.e., via a civil or criminal complaint or by administrative hearing, you would alternatively: (1) answer the complaint with a denial of the charges, and an affirmative defense claiming selective enforcement; (2) plead not guilty, and attempt to show at trial, facts proving that you are being singled out for punishment, because of your past actions against allegedly corrupt officials; or (3) defend at the administrative hearing on grounds of selective enforcement, in the same manner is with #1, and then if you lose, appeal for a writ of mandate (review of the administrative orders) to the Superior Court, or file a lawsuit in U.S. District Court for violation of Equal Protection. and 42 U.S.C. Sec. 1983 (deprivation of rights under color of law).

You could also file a complaint with the U.S. Department of Justice, Civil Rights Division, and you could seek assistance from the NJ chapter of the ACLU.

Note: This is actually a pretty difficult legal case. Selective enforcement actions are very difficult to win. I believe you will need a lawyer with experience in civil rights law.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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