Summer v. Twp. of Teaneck, 251 A.2d 761 (N.J. 1969). · Go Syfert
Summer v. Twp. of Teaneck, 251 A.2d 761 (N.J. 1969). Cases Citing This Book View Copy Cite
228 citation events (69 in the last 25 years) across 9 distinct courts.
Strongest positive: Thomas Bonfiglio v. Borough of Sea Bright (njsuperctappdiv, 2025-07-14)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
cited Cited as authority (rule) Thomas Bonfiglio v. Borough of Sea Bright
N.J. Super. Ct. App. Div. · 2025 · confidence medium
N.Y., 71 N.J. 451, 461 (1976) (citing Summer v. Teaneck, 53 N.J. 548, 554 (1969)).
discussed Cited as authority (rule) New Jersey Realtors v. Township of Berkeley
N.J. Super. Ct. App. Div. · 2024 · confidence medium
In Overlook Terrace Management Corp. v. Rent Control Board, our Supreme Court explained that "[p]reemption is a judicially created principle based on the proposition that a municipality, which is an agent of the State, A-1384-22 20 cannot act contrary to the State." 71 N.J. 451, 461 (1976) (citing Summer v. Teaneck, 53 N.J. 548, 554 (1969)).
discussed Cited as authority (rule) JENKINSON'S PAVILION v. BOROUGH OF POINT PLEASANT BEACH (2×)
D.N.J. · 2021 · confidence medium
“Preemption is a judicially created principle based on the proposition that a municipality, which is an agent of the State, cannot act contrary to the State.” Overlook, 71 N.J. at 461 (citing Summer v. Twp. of Teaneck, 53 N.J. 548, 554 (1969)).
discussed Cited as authority (rule) Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (083197)(Essex County & Statewide)
N.J. · 2020 · confidence medium
Because “[a] municipality may not contradict a policy the Legislature establishes,” the question usually boils down to “whether, upon a survey of all the interests involved in the subject, it can be said with confidence that the Legislature intended to immobilize the municipalities from dealing with local aspects otherwise within their power to act.” Summer v. Township of Teaneck, 53 N.J. 548, 554-55 (1969).
discussed Cited as authority (rule) FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12 VS. CITY OF NEWARK (C-000177-16, ESSEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
"Preemption is a judicially created principle based on the proposition that a municipality, which is an agent of the State, A-3298-17T3 54 cannot act contrary to the State." Redd v. Bowman, 223 N.J. 87, 108 (2015) (citing Overlook Terrace Mgmt. v. Rent Control Bd. of W.N.Y., 71 N.J. 451, 461 (1976)). "[A]n ordinance will fall if it permits what a statute expressly forbids or forbids what a statute expressly authorizes." Summer v. Twp. of Teaneck, 53 N.J. 548, 554 (1969).
cited Cited as authority (rule) NEW JERSEY LAND TITLE ASSOCIATION VS. DANA RONE, COUNTY REGISTER OF THE COUNTY OF ESSEX (L-2077-17, HUDSON COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
Ass'n v. Fair Lawn Bd. of Educ., 79 N.J. 574, 586 (1979); Summer v. Teaneck, 53 N.J. 548, 554 (1969)).
discussed Cited as authority (rule) Hon. Dana L. Redd v. Vance Bowman(073567)
N.J. · 2015 · confidence medium
“The ultimate question is whether, upon a survey of all the interests involved in the subject, it can be said with confidence that the Legislature intended to immobilize the municipalities from dealing with local aspects otherwise within their power to act.” Summer, supra, 53 N.J. at 555, 251 A.2d 761 .
examined Cited as authority (rule) Essex County Corrections Officers Pba Local No. 382 v. County of Essex (3×) also: Cited "see"
N.J. Super. Ct. App. Div. · 2014 · confidence medium
"The ultimate question is whether, upon a survey of all the interests involved in the subject, it can be said with confidence that the Legislature intended to immobilize the [local governments] from dealing with local aspects otherwise within their power to act." Summer v. Twp. of Teaneck, 53 N.J. 548, 555 (1969).
cited Cited as authority (rule) Snyder Ranches, Inc. v. Oil Conservation Commission
N.M. · 1990 · confidence medium
See Lummis v. Lilly, 385 Mass. 41, 46-47 , 429 N.E.2d 1146, 1150 (1982); Summer v. Township of Teaneck, 53 N.J. 548, 556 , 251 A.2d 761, 765 (1969).
cited Cited as authority (rule) Harrison Associates v. Rent Leveling Bd.
N.J. Super. Ct. App. Div. · 1986 · confidence medium
New York, 71 N.J. 451, 461 (1976); Summer v. Teaneck, 53 N.J. 548, 554 (1969).
examined Cited as authority (rule) MacK Paramus Co. v. Mayor and Council (4×) also: Cited "see"
N.J. · 1986 · confidence medium
Summer v. Teaneck, supra, 53 N.J. at 535.
discussed Cited as authority (rule) Rollins Envtl. Servs., Inc. v. Logan Tp.
N.J. Super. Ct. App. Div. · 1984 · confidence medium
Our Supreme Court has consistently stated that the intent by the State to preempt local authority must be clear. *79 United Building and Trades Council, supra, 88 N.J. at 344 ; Dome Realty, Inc. v. Paterson, 83 N.J. 212, 230 (1980); Summer v. Teaneck, 53 N.J. 548, 554 (1969).
discussed Cited as authority (rule) Marlboro Township v. Freehold Regional High School District
N.J. Super. Ct. App. Div. · 1984 · confidence medium
Article IV, § 7, par. 11. [At 187.] The record in this case, considered in the light of applicable law, makes it impossible for us to say here “with confidence that the Legislature intended to immobilize the municipalit[y] from dealing with local aspects otherwise within their power to act.” Summer v. Teaneck, 53 N.J. 548, 555 (1969).
cited Cited as authority (rule) Parsippany Hills Assoc. v. Rent Leveling Bd.
N.J. Super. Ct. App. Div. · 1984 · confidence medium
Summer v. Teaneck Tp., 53 N.J. 548, 554 (1969).
cited Cited as authority (rule) Fine v. Galloway Township Committee
N.J. Super. Ct. App. Div. · 1983 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
cited Cited as authority (rule) Traino v. McCoy
N.J. Super. Ct. App. Div. · 1982 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554-555 (1969); Lehrhaupt v. Flynn, supra 140 N.J.
cited Cited as authority (rule) State v. Crawley
N.J. · 1982 · confidence medium
Overlook Terrace Management Corp. v. West New York Rent Control Bd., 71 N.J. 451, 460-62 (1976); Summer v. Teaneck Twp., 53 N.J. 548, 554-55 (1969); Kennedy v. Newark, 29 N.J. 178 (1959).
discussed Cited as authority (rule) State v. Hutchinson (2×)
Utah · 1980 · confidence medium
Special charters are often concluded with a clause conferring general authority to pass all ordinances which may be necessary for the promotion of the health, safety and welfare of the municipality which are not in conflict with the constitution or general laws of the state. [ 447 P.2d at 210-11 .] [11] 6 McQuillin, Municipal Corporations §§ 24.43-.44 (3d rev'd ed. 1969). [12] The court referred to the statutory grant of authority as follows: "In addition to the powers and authority vested in each city by the provisions of this act, [the council of each city shall have power] to make and ado…
discussed Cited as authority (rule) Quick Chek Food Stores v. Township of Springfield (2×)
N.J. · 1980 · confidence medium
Brunswick Tp., 60 N.J. 222, 227 (1972); Summer v. Teaneck Tp., 53 N.J. 548, 552-553 (1969), provided the State has not preempted the field.
discussed Cited as authority (rule) Dome Realty, Inc. v. City of Paterson
N.J. · 1980 · confidence medium
Then, too, municipalities may provide enforcement personnel the State has not supplied in adequate numbers and hence be able to nip an offensive movement with which a State agency could not deal until after the event. [Summer v. Teaneck, 53 N.J. 548, 553 (1969)] Enforcement of local housing standards is a particularly apt matter for local determination.
examined Cited as authority (rule) State v. C. I. B. International (4×) also: Cited "see"
N.J. · 1980 · confidence medium
See, e. g., id., at 232-233 ; Summer v. Teaneck, 53 N.J. 548, 554 (1969).
cited Cited as authority (rule) Plaza Joint Venture v. Atlantic City
N.J. Super. Ct. App. Div. · 1980 · confidence medium
Fair Lawn Ed. Ass'n v. Fair Lawn Bd. of Ed., 79 N.J. 574, 586 (1979); Summer v. Teaneck, 53 N.J. 548, 554 (1969).
cited Cited as authority (rule) Little Falls Tp. v. Bardin
N.J. Super. Ct. App. Div. · 1979 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
cited Cited as authority (rule) Orange Taxpayers Council, Inc. v. City of Orange
N.J. Super. Ct. App. Div. · 1979 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554 (1969); Coast Cigarettes Sales v. Long Branch, 121 N.J.
cited Cited as authority (rule) KENDALL PK. CHAP. OF DEBORAH v. City of New Brunswick
N.J. Super. Ct. App. Div. · 1978 · confidence medium
Management v. West New York Rent Control Bd., 71 N.J. 451, 461 (1976); Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
cited Cited as authority (rule) Virgin Islands Urban Renewal Board v. George
virginislands · 1977 · confidence medium
Citing Summer v. Teaneck, 53 N.J. 548, 555 , 251 A.2d 761, 764 (1969) in Leone Management Corp. at 328 A.2d 32 .
discussed Cited as authority (rule) Scheff v. Township of Maple Shade
N.J. Super. Ct. App. Div. · 1977 · confidence medium
We have concluded that the Commissioner's approval foreclosed township disapproval because the two findings are repugnant. "[A]n ordinance will fall if it permits what a statute expressly forbids or forbids what a statute expressly authorizes." Summer v. Teaneck, 53 N.J. 548, 554 (1969).
cited Cited as authority (rule) Garden State Farms, Inc. v. MAYOR LOUIS BAY II
N.J. Super. Ct. App. Div. · 1977 · confidence medium
"A municipality may not contradict a policy the Legislature establishes." Summer v. Teaneck, 53 N.J. 548, 554 (1969); 1 Anderson, American Law of Zoning (2 ed. 1976), § 5.25, at 346-349.
cited Cited as authority (rule) Overlook Terrace Management Corp. v. Rent Control Board of West New York
N.J. · 1976 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554 (1969).
discussed Cited as authority (rule) MAYOR & TP. COMM. SO. BRUNSWICK TP. v. Covino
N.J. Super. Ct. App. Div. · 1976 · confidence medium
"The ultimate question is whether, upon a survey of all the interests involved in the subject, it can be said with confidence that the Legislature intended to immobilize the municipalities from dealing with local aspects otherwise within their power to act." Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
discussed Cited as authority (rule) Hudson Circle Servicenter, Inc. v. Kearny (2×) also: Cited "see"
N.J. · 1976 · confidence medium
Brunswick Tp., 60 N.J. 222, 227 (1972); Summer v. Teaneck, 53 N.J. 548, 552 (1969); Fred v. Borough of Old Tappan, 10 N.J. 515, 520-521 (1952).
discussed Cited as authority (rule) Lehrhaupt v. Flynn (2×)
N.J. Super. Ct. App. Div. · 1976 · confidence medium
Municipalities thus may enact regulatory ordinances on any subject matter, provided that (1) they do not conflict with state enactments, (2) the subject matter has not been preempted by state legislation, and (3) the subject matter does not necessarily require uniform state regulation Summer v. Teaneck, 53 N.J. 548, 554-555 (1969); Inganamort v. Fort Lee, 120 N.J.
discussed Cited as authority (rule) Tp. of Little Falls v. Husni
N.J. Super. Ct. App. Div. · 1976 · confidence medium
Justice Pashman's partial listing of these situations in his dissent in Sente v. Clifton Mayor and Council, 66 N.J. 204, 216-217 (1974)), make it undisputable that laundromats are subject to the police power. 7 McQuillin *79 Municipal Corporation (3 Ed. 1968), § 24.337 at 245 and generally, Summer v. Teaneck, 53 N.J. 548, 552 (1969).
cited Cited as authority (rule) Warren Park Estates, Inc. v. Tp. Comm. E. Windsor
N.J. Super. Ct. App. Div. · 1975 · confidence medium
Summer v. Teaneck Tp., 53 N.J. 548, 552-553 (1969); In re Public Service Elec. & Gas Co., 35 N.J. 358, 370-371 (1961).
discussed Cited as authority (rule) Garden State Farms, Inc. v. Bay
N.J. Super. Ct. App. Div. · 1975 · confidence medium
In determining if a statutory scheme precludes local action the court must ascertain whether the Legislature "intended to immobolize the municipalities from dealing with local aspects otherwise within their power to act." Summer v. Teaneck, 53 N.J. 548, 555 (1969).
cited Cited as authority (rule) Maywood Ed. Assn. Inc. v. Maywood Bd. of Ed.
N.J. Super. Ct. App. Div. · 1974 · confidence medium
Cf. Fred v. Mayor, etc., Old Tappan, 10 N.J. 515, 519-520 (1952); Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
discussed Cited as authority (rule) Lehrhaupt v. Flynn
N.J. Super. Ct. App. Div. · 1974 · confidence medium
Brunswick Tp., 60 N.J. 222, 224 (1972); Summer v. Teaneck, 53 N.J. 548, 551 (1969); Moyant v. Paramus, 30 N.J. 528, 539 (1959); *330 Adams Newark Theatre Co. v. Newark, 22 N.J. 472, 474 (1956), aff'd 354 U.S. 931 , 77 S.Ct. 1395 , 1 L.Ed. 2d 1533 (1959).
cited Cited as authority (rule) Wein v. Town of Irvington
N.J. Super. Ct. App. Div. · 1974 · confidence medium
Kennedy v. Newark, 29 N.J. 178, 187 (1959); Summer v. Teaneck, 53 N.J. 548, 554 (1969).
discussed Cited as authority (rule) Inganamort v. Borough of Fort Lee (2×)
N.J. · 1973 · confidence medium
Municipal action would not be useful, and indeed diverse local decisions could be mischievous or even intolerable." Summer v. Teaneck, 53 N.J. 548, 553 (1969).
cited Cited as authority (rule) Coast Cigarettes Sales v. MAYOR, COUN., LONG BR.
N.J. Super. Ct. App. Div. · 1972 · confidence medium
Summer v. Township of Teaneck, 53 N.J. 548, 552-553 (1969); In re Public Service Electric and Gas Co., 35 N.J. 358, 370-371 (1961); Wagner v. Newark, supra, 24 N.J. at 478 .
discussed Cited as authority (rule) State v. Pinkos
N.J. Super. Ct. App. Div. · 1971 · confidence medium
Super. 229 , 235-236 (App. Div. 1971). *106 In Summer v. Teaneck Tp., 53 N.J. 548, 554 (1969), the court in discussing the guidelines to be followed in respect to claims of State preemption, stated: A municipality may not contradict a policy the Legislature establishes.
cited Cited as authority (rule) Township of Chester v. Panicucci
N.J. Super. Ct. App. Div. · 1971 · confidence medium
Summer v. Teaneck, 53 N.J. 548, 554 (1969); State v. *235 Ulesky, 54 N.J. 26, 29 (1969); Kennedy v. Newark, supra .
discussed Cited "see" Boe v. Zoning Bd. (2×)
N.J. Super. Ct. App. Div. · 2009 · signal: see · confidence high
State v. Ulesky, 54 N.J. 26, 29 , 252 A. 2d 720 (1969); see Summer v. Teaneck, 53 N.J. 548, 555 , 251 A. 2d 761 (1969).
discussed Cited "see" Township of Franklin v. Hollander (2×)
N.J. Super. Ct. App. Div. · 2001 · signal: see · confidence high
See Summer, supra, 53 N.J. at 554 , 251 A. 2d 761 ; Kennedy v. City of Newark, 29 N.J. 178, 187 , 148 A. 2d 473 (1959).
cited Cited "see" Fair Lawn Education Ass'n v. Fair Lawn Board of Education
N.J. · 1979 · signal: see · confidence high
See Summer v. Teaneck, supra, 53 N.J. at 554-555 .
discussed Cited "see, e.g." City of Ocean City v. Somerville (2×)
N.J. Super. Ct. App. Div. · 2008 · signal: see also · confidence low
So, for instance, "when a state statute has preempted a field by supplying a complete system of law on a subject, an ordinance dealing with the same subject is void." Brunetti v. New Milford, 68 N.J. 576 , 601, 350 A. 2d 19 (1975) (citations omitted); see also Summer v. Teaneck, 53 N.J. 548, 554 , 251 A. 2d 761 (1969).
discussed Cited "see, e.g." New Jersey Metromall Urban Renewal Inc. v. City of Elizabeth (2×)
N.J. Tax Ct. · 2003 · signal: see also · confidence low
See also City of Asbury Park v. Castagno Tires, 13 N. J.Tax 488, 504 (Tax 1993) (citing Summer v. Teaneck Tp., 53 N.J. 548, 554 , 251 A.2d 761 (1969)) (“[A] municipality may not contradict a policy of the Legislature, either by permitting what a state statute forbids or by forbidding what a state statute permits.”).
cited Cited "see, e.g." Mannie's Cigarette Service, Inc. v. Town of West New York
N.J. Super. Ct. App. Div. · 1992 · signal: see also · confidence low
Corp. v. Rent Control Bd., supra, 71 N.J. at 461-62 , 366 A.2d 321 ; see also Summer v. Teaneck Twp., 53 N.J 548, 251 A.2d 761 (1969).
cited Cited "see, e.g." Garden State Farms, Inc. v. Mayor Louis Bay, II
N.J. · 1978 · signal: see also · confidence medium
Kennedy v. City of Newark, 29 N.J. 178, 187 (1959); see also Summer v. Teaneck, 53 N.J. 548, 554-555 (1969).
Retrieving the full opinion text from the archive…
Alexander Summer, Jr., Plaintiff-Respondent,
v.
Township of Teaneck, Defendant-Appellant
Supreme Court of New Jersey.
Apr 2, 1969.
251 A.2d 761
Mr. Jacob Schneider argued the cause for appellant (Mr. Malcolm Blum, on the brief)., Mr. Arthur M. Greenbaum argued the canse for respondent (Mr. Joel A. Brotman, on the brief; Messrs. Greenbaum, Greenbaum and Rowe, attorneys)., Mr. E. Robert Levy, Deputy Attorney General, argued the cause for Mr. Arthur J. Sills, Attorney General of New Jersey, amicus curiae., Mr. Vincent E. Fiordalisi submitted a brief on behalf of New Jersey Committee against Discrimination in Housing, amicus curiae.
Weintbaub.
Cited by 93 opinions  |  Published

[*551] The opinion of the court was delivered by

Weintbaub, C. J.

This case, brought by a real estate broker, involves the validity of an ordinance of the Township of Teaneek dealing with “blockbusting.” On motion for summary judgment the trial court held the ordinance was beyond the legislative power of the municipality. We certified the Township’s appeal before argument in the Appellate Division.

Blockbusting is the practice of inducing owners of property to sell because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group. The inducement is the supposed loss in property value for those who remain. The evils are evident. Sellers are exploited, and hostility is excited both in those who are persuaded their economic interests are thus threatened and in the group of citizens who are given to understand their presence is a blight. The present setting of racial discord magnifies the insult to the public well-being. No one suggests the subject is beyond the power of the State. The sole question is whether a municipality too may deal with it.

Reciting that blockbusting had already been experienced in the municipality and that “such practices are detrimental to the community at large in that they frustrate intergroup relations and civic objectives, may prove economically adverse to the Township and property values therein, [and] tend to create racial ghettos and disturb the peace and tranquility of the community,” the ordinance forbids a canvass for a listing ox sale of real property unless a prescribed form is filed with the township clerk no less than 10 nor more than 30 days before the date on which the canvass will take place. The term “canvassing” is defined to include “door to door soliciting or soliciting by the use of circulars, visitations, or any other means where the canvasser, or his employer has not been invited or requested by the owner * * * to obtain a listing of real property or to confer with the owner regarding a real estate transaction.” The ordinance also forbids sundry acts related to the objective of preventing block[*552] busting. The township manager is assigned certain duties with respect to complaints received. Violations are punishable by a fine of not more than $200 or 30 days in jail or both.

As we have said, the single issue is whether it is beyond the power of the municipality to enact an ordinance dealing with blockbusting. The trial court held the municipality could not legislate upon the subject because (1) the subject inherently requires statewide treatment and therefore municipal legislation is foreclosed even if the State has not itself dealt with the subject, and (2) the State has preempted the area by its statute creating the Real Estate Commission and by a rule the Commission adopted thereunder.

I

N. J. S. A. 40:48-2 reads:

“Any municipality may make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law.”

Construed liberally in favor of local government as our Constitution, Art. IV, § VII, ¶ 11, requires to be done, this provision has been held to accomplish a broad grant of police power in addition, rather than merely ancillary, to the sundry detailed authorizations for municipal action contained in our statutes. See Fred v. Mayor and Council of Borough of Old Tappan, 10 N. J. 515, 519-521 (1952). Nonetheless there is an implied limitation upon this pervasive grant. As said in Wagner v. Mayor and Municipal Council of City of Newark, 24 N. J. 467, 478 (1957), the grant “relates to matters of local concern which may be determined to be necessary and proper for the good and welfare of local inhabitants, and not to those matters involving state policy or[*553] in the realm of affairs of general public interest and applicability.” So, for example, a municipality cannot legislate upon the subject of wills or title to real property. The needs with respect to those matters do not vary locally in their nature or intensity. Municipal action would not be useful, and indeed diverse local decisions could be mischievous and even intolerable. Hence the municipality may not legislate upon an aspect of a subject “inherently in need of uniform treatment.” In re Public Service Electric and Gas Co., 35 N. J. 358, 371 (1961).

Blockbusting does not come within that limitation. Blockbusting depends very much upon the local scene and varies accordingly in its intensity and hurt. Although the evil warrants the concern of the State itself, it would not be inappropriate to permit the municipalities also to wrestle with it. There is no inevitable need for a single statewide solution or for a single statewide enforcing authority. On the contrary, it may be useful to permit municipalities to act, for, being nearer the scene, they are more likely to detect the practice and may be better situated to devise an approach to their special problems. Then, too, municipalities may provide enforcement personnel the State has not supplied in adequate numbers and hence be able to nip an offensive movement with which a State agency could not deal until after the event.

We note in this connection that a relevant federal statute assumes the appropriateness of municipal action in this general area. Thus the Eair Housing Act of 1968, which includes a condemnation of blockbusting, 42 U. S. C. A. § 3604(e), stipulates that its provisions shall not be construed to invalidate any law of a State or “political subdivision of a State,” 42 U. S. C. A. § 3615, and speaks of cooperation by the Secretary of Housing and Urban Development “with State and local agencies charged with the administration of State and local fair housing laws,” 42 U. S. C. A. § 3616. Many municipalities have legislated with respect to blockbusting, see Fair Sousing Laws (Housing and Home Ei[*554] nance Agency, Sept. 1964), pp. 234-238, and a fair-housing ordinance which included a blockbusting provision was upheld in Chicago Real Estate Board v. City of Chicago, 36 Ill. 2d 530, 224 N. E. 2d 793 (Sup. Ct. 1967). With respect to the power of a municipality to deal with racial discrimination, see District of Columbia v. John B. Thompson Com pany, Inc., 346 U. S. 100, 73 S. Ct. 1007, 97 L. Ed. 1480 (1953).

We are satisfied that municipal action cannot be barred by the concept that the subject is inherently beyond the delegated police power. The question then is whether this ordinance, in the words of N. J. S. A. 40:48-2 quoted above, is “contrary to the laws of this state,” as the trial court also found. We turn to that issue.

II

A municipality may not contradict a policy the Legislature establishes. Auto-Rite Supply Co. v. Mayor and Township Committeemen of Woodbridge, 25 N. J. 188 (1957). Hence an ordinance will fall if it permits what a statute expressly forbids or forbids what a statute expressly authorizes. Even absent such evident conflict, a municipality may be unable to exercise a power it would otherwise have if the Legislature has preempted the field. This follows from the basic principle that local government may not act contrary to State law. But an intent to occupy the field must appear clearly. Kennedy v. City of Newark, 29 N. J. 178, 187 (1959). It is not enough that the Legislature has legislated upon the subject, for the question is whether the Legislature intended its action to preclude the exercise of the delegated police power. Masters-Jersey, Inc. v. Mayor and General Council of Borough of Paramus, 32 N. J. 296 (1960). Hence the fact that the State has licensed a calling may not be enough to bar local licensure to protect an additional value of local concern. Belleville Chamber of Commerce v. Town of Belle- [*555] ville, 51 N. J. 153, 157 (1968). The ultimate question is whether, upon a survey of all the interests involved in the subject, it can be said with confidence that the Legislature intended to immobilize the municipalities from dealing with local aspects otherwise within their power to act.

We are satisfied the Legislature did not intend to commit all facets of the public welfare in this area to the Real Estate Commission.

The real estate statute, N. J. S. A. 45:15—1 el seq., is one of a number creating boards for the licensure of professions and occupations. The Real Estate Commission consists of five members, and the statute provides as to each member that “his vocation for a period of at least ten years prior to the date of his appointment shall have been that of a real estate broker.” N. J. S. A. 45:15—5. The Commission is charged with licensing brokers and salesmen. Any person who violates the statute is subject to a monetary penalty for which the commission may sue under the Penalty Enforcement Law (N. J. S. 2A :58-1 et seq.). N. J. S. A. 45:15-23. The Commission may suspend or revoke a license, and may impose, “as an alternative to such revocation or suspension,” a dollar penalty to be sued for under the Penalty Enforcement Law. N. J. S. A. 45:15-17. The acts for which a licensee may be penalized pr'e listed in the section just cited. Blockbusting is not among them, but the same section empowers the Commission to make and enforce “all rules and regulations for the conduct of the real estate brokerage business consistent with the provisions of this act,” and the Commission has adopted a rule against blockbusting. [1] The[*556] preemption argument includes the premise that a violation of the Commission’s rule constitutes a “violation of any of the provisions of this article” within the meaning of the last-cited section of the statute, so that a broker or salesman who violates the rule could be subjected to the dollar penalty in lieu of revocation or suspension.

It is plain that a statute providing for licensure is not intended to exhaust the police power with respect to all misbehaviors of a licensee. So, for example, a licensee remains subject to indictment for crime committed in the course of his licensed profession or occupation, and this is true even though the same conduct is proscribed in the licensing statute and made the basis of suspension or revocation or the imposition of a dollar penalty in lieu thereof. This is not to diminish the duty of the licensing authority to ferret out the miscreants, but rather to emphasize that the Legislature did not choose to commit the entire public welfare to the licensing authority. In this connection, we note that still another statute, the Law against Discrimination, makes it unlawful for any real estate broker or salesman to do or to refuse to do certain things on the basis of race, CTeed, color, national origin or ancestry, N. J. S. A. 10:5-12, subd. h, and grants authority to the Division on Civil Rights to pursue an offender even though the Real Estate Commission could also move against the same misconduct.

The statutes just referred to are of course State enactments, but they do serve to demonstrate that the Legislature did not intend to vest the total police power in the Real Estate Commission. We therefore should not easily assume a statute providing for statewide licensure was intended to bar the municipalities from protecting their citizens from offensive conduct by the licensees. Indeed,[*557] the very structure of the real estate statute militates against that proposition, for a commission recruited exclusively from the membership of a profession or occupation is hardly the appropriate guardian of the whole public interest. It is one thing thus to enable an interested group to elevate the standards of fitness and performance in its specialty. It is something different to depend upon the interested group to give the public all the protection normally provided by criminal or guasi-criminal sanctions.

Nor are we persuaded to that view by the possibility that conflicting results may be reached if a licensee is prosecuted in a court under an ordinance and also before the Commission under its rule covering the same misconduct. That possibility attends all licensure situations. A member of the Bar is subject to prosecution under State and local laws notwithstanding that the misdeed may also call for an ethics proceeding against him. Each of the governmental agencies concerned is charged with guarding a separate public interest. In re Maltera, 34 N. J. 259, 266-267 (1961). There is good reason thus to distribute the total power of the State.

Hence in Mogolefsky v. Schoem, 50 N. J. 588 (1967), we held a municipality could enact an ordinance with respect to local activities of real estate brokers and salesmen, and specifically with respect to uninvited door-bell solicitation. Plaintiff suggests Mogolefshy nonetheless supports his position. He refers to the statement in that opinion that “We have no doubt of its [the Real Estate Commission’s] power by rule and regulation to prohibit all uninvited solicitation of residents,” 50 N. J., at 600, at which point a footnote reference is made to the Commission’s adoption of Rule 26 relating to blockbusting. Rule 26 was not involved in that case. We merely mentioned it in connection with our observation that the Real Estate Commission could have dealt with the subject matter involved in that case. We did not say that such a rule would displace municipal power.

The judgment is reversed.

[*558] For reversal — Chief Justice Weintratjb aud Justices Jacobs, Francis, Proctor, Sciiettino aud Haneman—6.

For affirmance—Noue.

1

“Rule No. 26. BLOCK BUSTING

No broker or salesman shall affirmatively solicit the sale, lease, or the listing for sale or lease, of residential property on the grounds of alleged change of value due to the presence or prospective entry into the neighborhood of a person or persons of another race, religion or ethnic origin nor shall distribute, or cause to be distributed, material or make statements designed to induce a residential property owner to sell or lease his property due to such change in the neighborhood.”

[*556] Since argument before us the rule has been amended but in no way material to the case at hand. We note that the rule applies only to licensees of the Commission whereas the ordinance reaches “any person” who does a forbidden act, but since the licensed real estate broker and salesman are very much a target of the ordinance, the preemption issue is critical.