## Facts

- Hyman Kutcher leased an apartment in a federally aided Newark low-rent public housing project operated by the Housing Authority of the City of Newark.
- The Housing Authority demanded that Kutcher sign and return, within three days, a witnessed certificate stating that no member of his family occupying the unit belonged to any organization designated “subversive” by the U.S. Attorney General, and warned that noncompliance would lead to eviction action.
- The Housing Authority relied on a federal appropriations proviso (commonly called the Gwinn Amendment) barring occupancy of such public housing by “a person” who is a member of an Attorney-General-designated subversive organization and directing local authorities to enforce the restriction.
- Kutcher asserted he was not a member of any listed organization, but his adult son, James Kutcher, residing in the unit, was a member of the Socialist Workers Party, which was on the Attorney General’s list.
- Kutcher refused to sign the requested family-wide certificate; the Housing Authority initiated steps to remove him on the theory that the federal restriction required eviction where any household member was a listed “subversive.”
- The trial court granted relief to the Kutchers restraining eviction based on the demanded certificate; the Housing Authority appealed.

## Issues

1. Whether the federal proviso barring occupancy by “a person” who is a member of an Attorney-General-designated subversive organization required or authorized a local housing authority to evict a tenant because a resident family member had such membership.
2. Whether the proviso applies to the household as a unit (disqualifying the entire family) or only to the individual member whose membership triggers the restriction.
3. Whether the proviso should be construed narrowly to avoid serious constitutional questions raised by compelled political-disclosure demands and guilt-by-association eviction.

## Decision

- The Supreme Court of New Jersey affirmed judgment for the Kutchers.
- The court held the Gwinn Amendment must be strictly construed and did not justify eviction of an entire family solely because one resident family member belonged to a listed organization.
- The Housing Authority’s demand for a certificate covering “no member of the family” and its threatened family eviction exceeded what the statute required or authorized as properly construed.

## Legal Principles

- Restrictive statutory provisos, especially in appropriations measures affecting housing and civil liberties, are construed narrowly and are not extended by implication.
- A statutory bar on occupancy by “a person” who is a member of a designated organization is ordinarily an individualized disqualification, not a household-wide disability absent clear legislative direction.
- When a broader construction would present serious constitutional questions (including compelled disclosure of political association and collective punishment), courts prefer a reasonable construction that avoids those questions.
- A local housing authority may not impose a broader certification or eviction condition than the governing statute, as construed, authorizes.

## Conclusion

The court limited the federal “subversive member” occupancy restriction to the individual member described by the statute and rejected the Housing Authority’s attempt to require a family-wide loyalty certificate and evict the entire household based on one member’s political association.


Kutcher v. Hous. Auth. of the City of Newark, 20 N.J. 181, 119 A.2d 1 (N.J. 1955)