Housing Authority Objects to Court Order in Deadly Fire Case

The North Bergen Housing Authority has formally objected to a Superior Court order permitting an immediate inspection of a fire-damaged apartment where two residents died earlier this year. The objection led Judge Jane L. Weiner to stay the order on September 15, pending a hearing scheduled for September 19.

The dispute centers on Apartment 10R at 6299 Grand Avenue, where a fire on April 3 claimed the lives of Reynaldo and Miryam Tatis. Julie M. Borello, the court-appointed administrator of their estates, had petitioned for access to the site to preserve evidence for a potential wrongful death claim. The court granted that request on September 9.

However, attorneys for the Housing Authority argued that the order was issued without giving interested parties a chance to respond. In a letter dated September 12, counsel David F. Scheidel II stated, “None of the interested parties, including the North Bergen Housing Authority, were provided an opportunity to be heard on this matter.” He further noted that no hearing date, briefing schedule, or opposition deadline was set before the order was granted.

The Housing Authority also expressed concern about the scope of the court order, which required the suspension of any ongoing repairs and compelled the release of potentially privileged documents. Scheidel argued that such measures exceed the typical bounds of pre-litigation discovery, which he characterized as permissible only in “the rarest of circumstances.”

The court will consider the objection and determine whether the inspection may proceed following the upcoming hearing.