Good Morning:
The Office of the Clerk of the City of Newark has received your request
for the following documents:

 1. A list of all residential (property class 2) and commercial (property
classes 4A, 4B, & 4C) properties that have current eviction filings
since April 2020. Please include the filing date.

The City of Newark does not handle evictions and does not have any
documents responsive to this request. The County of Essex handles
evictions.

 2. A list of all residential (property class 2) and commercial (property
classes 4A, 4B, & 4C) properties that have current divorce filings
since January 1, 2022. Please include the filing date.

The City of Newark denies this section of your request as filling it would
require the custodian to complete research in contravention of the
statute. OPRA is not intended as a research tool that litigants may use to
force government officials to identify and siphon useful information. MAG
Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super 534, 546
(App. Div. 2005). OPRA does not require record custodians to conduct
research among its records for a requestor and correlate data from various
government records in the custodian's possession. Id. at 546-47. For any
written paper, printed book, document, or image processed document, OPRA
only allows requests for records, not information. Burke v. Brandes, 429
N.J. Super. 169, 174 (App. Div. 2012). 
The City of Newark does not have any document responsive to your request.
Creating this document would require the custodian to somehow determine
all of the people who live in Newark who have filed for divorce. Doing so
would be well beyond OPRA's requirements. Thus, the City must deny this
section of your request.

 3. A list of all residential (property class 2) and
commercial (property classes 4A, 4B, & 4C) properties that are
currently in probate. 

The City of Newark does not have any documents responsive to this section
of your request. Creating such a document would require the custodian to
perform research in contravention of the statute.

 4. A list of all residential (property class 2) and commercial (property
classes 4A, 4B & 4C) properties held in joint tenancy,
payable-on-death accounts, trusts, life insurance policies, or
retirement accounts in which there has been a transfer of ownership
due to the death of the owner.

The City of Newark does not have any documents responsive to this section
of your request and creating such a document would require the custodian
to do research.
Samora F. Noguera
OPRA Attorney for the Office of the Clerk of the City of Newark
Room 415A 
City Hall of the City of Newark
920 Broad Street
Newark, New Jersey 07102
Office: 973-733-5354

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From: Monica Dominguez
<[OPRA #52210 email]>
Sent: Friday, September 1, 2023 2:06 PM
To: OPRA <[Newark City request email]>
Subject: OPRA request - Property Lists with Specific Criteria
 
Dear Newark,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.

  Records requested:

A list of all residential (property class 2), and commercial (property
classes 4A,4B, & 4C) properties that have current eviction filings since
April 2020.

Please include the filing date.

A list of all residential (property class 2), and commercial (property
classes 4A,4B, & 4C) properties that have current divorce filings since
January 1, 2022.

Please include the filing date.

A list of all residential (property class 2), and commercial (property
classes 4A,4B, & 4C) properties that are currently in probate.

Please include the name and phone number of the executor of the will.

Please specify properties that do not have an executor and the
administrator handling the estate.

Please include all heirs who have received a notice of probate in regards
to the property.

A list of all residential (property class 2), and commercial (property
classes 4A,4B, & 4C) properties held in joint tenancy, payable-on-death
accounts, trusts, life insurance policies, or retirement accounts in which
there has been a transfer of ownership due to the death of the owner.

If possible, and is completely permitted by law, please include the
following: full property addresses, property block and lot, and tax-id.
Also, please provide owner’s information such as: name, mailing address,
phone number, and email address.

Please put all lists in separate Excel files. If up-to-date data is not
available, please provide the most recently available information.

Please give us whatever information from the above you could provide. We
would be grateful either way.

Yours faithfully,

Monica Dominguez

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[OPRA #52210 email]

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