Department of Community Affairs • Division of Housing and Community Resources
101 South Broad Street, • PO Box 806
• Trenton, NJ 08625-0806
www.nj.gov/dca/divisions/dhcr
TRUTH IN RENTING
A guide to the rights and responsibilities of
residential tenants and landlords in New Jersey
Table of Contents
Overview of Truth in Renting Act
1
The Lease
2
Mobile Home Leases – Private Residential Leasehold Communities Law
3
Public Housing Leases
4
Renewal of a Lease Agreement
4
Cable Installation
5
Pets
5
Termination of a Lease Agreement
7
Modification of the Rental Premises for People with Disabilities
10
Right of Entry
11
Filing a complaint for unlawful entry and detainer
11
Access to the property
12
Security Deposits
12
Discrimination
15
Disposition of Personal Property
16
Nonpayment and Distraint
18
Consumer Fraud Protection
18
Credit Checks and Background Checks
18
Rent
18
Rent Control/Rent Increases
19
Public Financed and Subsidized Housing
20
Property Tax Rebate for Tenants
21
New Jersey Homestead Property Tax Credit
21
Identity of Landlord
22
Habitability
23
23
24
24
25
25
26
26
27
27
28
28
29
31
Reporting Housing Code Violations
Child-Protection Window Guards/Screens
Carbon Monoxide and Smoke Detectors
Locks
State Heat and Utility Requirements
Rent Receivership for Substandard Housing and Diversion of Utilities
Multifamily Housing Preservation and Receivership
Public Housing Maintenance
Federal Lead-Based Paint Disclosure
State Lead-Based Paint Disclosure
Post of Drinking Water Test Results
Remedies if the landlord fails to maintain the property in a habitable condition
Flood Plain Notification Requirement
Crime Insurance Information
32
Eviction
32
Applicability
33
Exceptions
33
Filing a Complaint for Eviction
33
Judgment for Possession
33
“Self-help” Evictions
34
Causes for Eviction
34
Evictions for Owner-Occupied Two-and Three-Family Dwellings
40
Rooming and Boarding House Evictions
40
Public Housing Evictions
41
Penalties for Eviction Law Violations
41
Reprisal – Civil Rights of Tenants
41
Procedures for Recovery of Premises
42
Foreclosure
42
Notice Requirements to Tenants Prior to the Transfer of Title Due to a Foreclosure
Action
43
Notice Requirements to Tenants After the Transfer of Title Due to a Foreclosure
Action
43
Senior Citizens and Disabled Tenants in Condominium or Cooperative Conversion
44
Senior Citizens and Disabled Protected Tenancy
44
Tenant Protection Act of 1992
44
Disclosure Statement to Senior Citizen Housing Residents
44
New Jersey Judiciary Ombudsman Offices
46
Anti-Discrimination Offices
46
New Jersey’s Legal Services Programs
Additional Agencies and Organizations
47
48
Greetings from the New Jersey Department of Community Affairs
When an individual renter and a private individual, corporation, or government agency, the
landlord, enter into an agreement to pay money in exchange for housing, a landlord tenant
relationship is created. This agreement, the lease, can either be oral or memorialized in writing.
Residential leases include private homes, apartment and condominium units, or mobile homes.
The lease agreement entered into between the landlord and tenant sets forth the rights and
responsibilities of both parties in accordance with Federal and New Jersey statutes, regulations,
restrictions, and case law.
In accordance with the Truth in Renting Act, the New Jersey Department of Community
Affairs has posted this reference guide to highlight important information regarding the rights and
responsibilities of residential landlords and tenants in New Jersey. This publication highlights
information about lease agreements, payment, and collection of rent, habitability, evictions, senior
citizens and protected tenants, foreclosures, security deposits, and other topics pertaining to
residential tenancies in New Jersey.
If you believe you need legal advice, contact an attorney. If you cannot afford an attorney
contact legal services or public organizations that can provide legal services for both landlords and
tenants.
Finally, congratulations on renting your residential unit in New Jersey. The Department
hopes that you find this resource guide helpful.
1
Overview of Truth in Renting Act
The Department of Community Affairs has provided this statement to highlight the primary
legal rights and responsibilities of tenants and landlords of residential rental dwelling units in New
Jersey. This statement is available in English and Spanish languages and it is posted on the
Department of Community Affairs’ website, hereinafter the Department. The Department website
is:
https://www.nj.gov/dca/divisions/codes/offices/landlord_tenant_information.html
This shall serve as an informational document only and is not intended as legal advice, and it
does not substitute for consulting with a lawyer about specific facts and circumstances. Further,
nothing therein shall be construed as binding on or affecting judicial determinations issued by a
court of competent jurisdiction.
Every landlord subject to the Truth in Renting Act, (N.J.S.A. 46:8-43 to 51), hereinafter
the Act, is required to distribute one copy of the Truth in Renting Statement to each of their tenants
within 30 days after it has been posted by the Department on its website and shall thereafter provide
a copy of the most current statement to each new tenant at or prior to the time the tenant executes
a lease for the rental unit.
The Act calls for distribution of the statement by the landlord to all tenants with a rental
term of at least one month living in residences with more than two dwelling units, or more than
three if the landlord occupies one of the units. The Act does not require distribution to residents of
hotels, motels, or other guest houses serving transient or seasonal tenants (N.J.S.A. 46:8-44).
A landlord who violates any provisions of the Act, contrary to the legal rights of tenants
shall be liable for a penalty of not more than $100.00 per offense (N.J.S.A. 46:8-47). Such penalty
shall be collected and enforced by summary proceedings pursuant to the Penalty Enforcement Law
(N.J.S.A. 2A-58-1 et seq.). The Superior Court, Law Division, Special Civil Part in the county in
which the rental premises are located shall have jurisdiction over such proceedings (N.J.S.A. 46:8-
47).
The Department does not have jurisdiction over the administration of the courts, nor can
the Department render legal advice. This publication is based on existing New Jersey statutes,
regulations, and court cases that concern landlord-tenant relations; however, this publication is not
a complete summary of all laws, regulations, and court cases that concern landlord-tenant relations
in New Jersey. Any person who plans to initiate a legal action resulting from a landlord-tenant
dispute may wish to consult the appropriate enforcing agency, a county legal services agency,
private counsel, or an owner’s, tenant’s, or mobile home organization. A list of additional agencies
and organizations that may be available to provide assistance is located in the appendix section of
this publication. Please be advised that this guide may be amended by the Department as required,
and will be posted on the Department’s website accordingly.
If you would like more detailed information on New Jersey landlord-tenant law, you may
review the various state statutes identified in this guide. You may search the statutes by looking at
the table of contents or you may enter a keyword in the search bar, i.e. Security Deposit Law.
2
The Lease
In New Jersey a landlord-tenant relationship is created when a landlord allows another
person to use a dwelling unit for a specified period of time in exchange for rent. A dwelling unit
is defined as an apartment, a house, a room, or a mobile home or mobile home space. The tenant
should read the rental agreement before signing. It is advisable for the tenant to obtain a copy of
the lease for their records at the time that the lease is signed. If a new landlord takes over the
building, both the new landlord and the tenant must honor the pre-existing rental agreement until
it expires.
Requirements of a residential lease in New Jersey:
1. Parties to a lease must be at least 18 years old and mentally competent. (N.J.S.A. 9:17-B-
1; Morgan v. Sandford Brown Institute, 225 N.J. 289, 310 (2016))
2. Landlord and tenant are required to include their names in the lease agreement.
3. Lease can be either written or oral. If written, lease must be in plain language and written
so the average person can understand it (N.J.S.A. 56:12-2; Morgan v. Sandford Brown
Institute, 225 N.J. 289, 310 (2016)).
4. Any fees that the landlord intends to charge should be clearly stated, i.e. late fees and
attorney fees.
5. In order to avoid confusion, it is recommended that the lease contain the following
provisions:
a. Conditions of occupancy;
b. Description of the rental space;
c. Renewal provisions;
d. Late rent penalty provisions;
e. Landlord and tenant responsibilities for the amount of rent, pets, utility expenses
and owner responsibilities associated with the rental of the premises;
f. Restrictions on subletting or assigning of the lease agreement;
g. Requirement to provide copies of keys to the landlord by the tenant;
h. Tenant’s requirement to obtain renter’s insurance; and
i. Other provisions which clarify the terms of the lease agreement.
The landlord should provide specific information to tenants:
1. Lead paint EPA approved information pamphlet (N.J.A.C. 5:10-6.6);
2. Truth in Renting statement, (which does not apply to buildings of two (2) or fewer units
and owner-occupied premises of three (3) or fewer units (N.J.S.A. 46:8-44 to -46));
3. Flood zone notification (N.J.S.A. 46:8-50);
4. Child protection window guards (N.J.A.C. 5:10-27.1 (c), (d));
5. Bed bugs (N.J.A.C. 5:10-10.2);
6. Late fees (N.J.S.A. 2A-42-6.1 to -6.3);
7. Dishonored payment fees (N.J.S.A. 2A:32A-1); and
8. Domestic violence termination policy (N.J.S.A. 46:8-9.6 to -9.7).
3
Additionally, if clearly stated in the lease agreement, the landlord may require the tenant
to pay the landlord the costs of the landlord’s attorney fees and court costs in the event of an
eviction action for nonpayment of rent or for other legal actions; a landlord also may assess a “late
charge” when the rent is not paid by a certain date. There is a five (5) “business day” grace period
for senior citizens before a late fee may be assessed. A business day does not include Saturday,
Sunday, State or Federal holidays.
The written lease must expressly permit a landlord to recover reasonable attorney’s fees
and include late fees as part of the rent in order for a judge to consider those expenses as additional
rent in a summary dispossess proceeding (Community Realty v. Harris, 155 N.J. 212 (1998);
Housing Authority & Urban Redevelopment Agency of City of Atlantic City v. Taylor, 334
N.J. Super. 572 (App. Div. 2000); Sundersan v. Royal, 386 N.J. Super. 246 (App. Div. 2005)).
If a lease contains provisions that violate state statutes, local ordinances, or governmental
regulations, or a tenant believes a provision is unreasonable, the tenant has the right to file an
action in Superior Court, Law Division, Special Civil Part in the county where the building is
located requesting the court to remove the provision from the lease (N.J.S.A. 46:8-48).
Mobile Home Leases – Private Residential Leasehold Communities Law N.J.S.A. 46:8C-2 to
-21.
Mobile homeowners or residents of private residential leasehold communities are also
tenants if they rent space in either of these types of communities. Therefore, they are afforded
certain protections under New Jersey statutes and regulations, i.e, the Anti-Eviction Act,
Homestead Property, Tax Credit Act and special protections under the Mobile Home Act. As set
forth in New Jersey case law (Fromet Properties, Inc. v. Burl, 249 N.J. Super. 601 (App. Div.
1996); Hale v. Farrakhan, 3990 N.J. Super. 335 (App. Div. 2007); Pohlman v. Metropolitan
Trailer Park, Inc., 126 N.J. Super. 114 (Ch. Div. 1973)), it has been established that other
landlord tenant laws are applicable including, but not limited to, security deposits, receivership,
truth in renting, landlord tenant law, discrimination based on familial status, self-help eviction,
distraint, and reprisal (Tenant’s Rights in New Jersey written and published by Legal Services of
New Jersey, 2014).
In accordance with N.J.S.A. 46:8C-2 to -21, a mobile home park or private residential
leasehold landlord or operator is required to:
1. Offer a written lease for at least 12 months to each household within the park or
community. The lease must be offered within 30 days from the time the new owner lawfully
moves in;
2. Provide the occupant with a copy of all park/community rules and regulations prior to
signing the lease;
3. Post a copy of park/community rules and regulations in a recreation hall or some other
public location within the community where they can be easily located;
4. Fully disclose all fees, charges, and assessments, which must be based on actual costs
incurred and all rules and regulations before the occupant moves in;
4
5. Provide a written notice of any fees, charges, and assessments within 30 days before a lease
change become effective; and
6. Provide a copy of Truth in Renting statement.
A mobile park owner may not:
1. Force a tenant to buy equipment from a park owner or a particular outlet (N.J.S.A. 46:8C-
2);
2. Force a tenant to either buy a mobile home or necessary equipment from a particular seller
(N.J.S.A. 46:8C-2);
3. Force a tenant to move their mobile home within the park unless the move is reasonably
necessary. If reasonably necessary, the park owner must serve the tenant with a 30-day
written notice. In an emergency, the operator may move the mobile home, however, they
are responsible for all damages to the home resulting from the move (N.J.S.A. 46:8C-2);
4. Charge a commission or fee for the sale of a mobile home unless they acted as the sales
agent, nor prohibit the posting of a “for sale” on the home (N.J.S.A. 46:8C-3);
5. Force a tenant to make a donation or gift directly or indirectly from someone who wants to
rent a space in the park (N.J.S.A. 46:8C-2); and
6. No landlord or operator may deny any resident the right to sell their home within the park
community or require the unit to be moved solely because it is being sold (N.J.S.A. 46:8C-
2).
A mobile park owner may reserve the right to approve the purchaser of a mobile home but
approval cannot be unreasonably withheld. Any entrance fee or other payment required by the
landlord to get into a park/community accepted by a landlord or operator makes the landlord or
operator a disorderly person and may result in the person making the payment able to recover
double the amount paid plus losses in Superior Court where the property is located.
Public Housing Leases
Public housing authorities must follow lease regulations developed by the U.S. Department
of Housing and Urban Development (HUD) as well as existing state laws. The HUD regulations
reference both provisions that must be included in housing authority leases and provisions that
must not be included: questions regarding public housing can be directed to the U.S. Department
of Housing and Urban Development, New Jersey State Office, 1 Newark Center, Attn: Public
Housing, Newark, New Jersey 07102-5260, (973) 622-7900.
Renewal of a Lease Agreement
Many written leases contain a clause detailing what needs to be done to renew or extend
the current lease term. The lease may, for instance, have a clause that states that unless either the
landlord or tenant terminates the lease, it will renew automatically. Most yearly leases require a
60 to 90-day notice to the landlord by the tenant requesting terminatation of the existing lease. If
5
a tenant fails to give proper written notice or if notice of intent to terminate is not given in time,
the lease will renew automatically.
A yearly lease that is not renewed automatically becomes a month to month lease when the
current lease term ends. A month to month lease will renew automatically for another month unless
the landlord or tenant acts to terminate the lease. This rule applies to both oral and written leases
(N.J.S.A. 46:8-10).
When the lease term ends, the landlord can offer the tenant a new lease with amended terms
and conditions. In order to do this, the landlord must provide the tenant with written notice
terminating the existing lease and offering a new lease. The landlord’s notice must clearly detail
the changes made to the existing lease.
No landlord of residential rental properties except those in owner occupied two or three
family dwellings, motels or hotels, transient, or seasonal units may fail to renew any lease,
regardless of whether it is written or oral unless they have good cause not to renew the lease. The
good causes for eviction are detailed under the section entitled, “Eviction,” (N.J.S.A. 2A:18:61.3).
Tenants of two- or three- family owner occupied buildings should refer to the section entitled,
“Evictions for Owner-Occupied Two and Three Family Dwellings.”
Cable Installation
A landlord may not forbid or prevent installation of cable service or unreasonably restrict
the tenant from installing an individual satellite dish or require advance payment for permission to
install cable or satellite.
Installation must be in compliance with the Federal Communications (FCC) Regulations
(47 C.F.R. Section 1.4000). If a tenant or landlord wishes to file a complaint regarding the lease
or local government restrictions regarding installation of cable or a satellite dish, they may contact
the Office of the Secretary, Federal Communications Commission, 445 12
th
Street S.W. –
Washington D.C. 20554; Attn: Media Bureau.
A landlord may restrict installation of cable or a satellite dish communication system in
common areas such as the stairwells, roofs, or exterior walls of a multiple dwelling. Landlord may
also restrict installation to prevent damage to the property, if there is a safety risk, or the property
is a historic property or in a historic district.
A landlord may disallow the installation of an individually owned satellite dish if there is
a common antenna available for use by the residents and the costs are the same for the tenant
(N.J.S.A. 48:5A-49/47 C.F.R. 1.4000).
Pets
Generally, landlords have a right to include a “no pets,” provision in the lease agreement.
There is no state law that prohibits landlords from requiring lease agreements that exclude pets in
rental property, except in certain senior citizen housing projects and for handicapped, blind, or
deaf tenants. George Young v. Victor Savinon, et al., 201 N.J. Super. 1, established the
precedent that allows tenants in certain circumstances to keep their existing pets at their rental
6
units. In this case, the court found that tenants that were allowed to have pets and actually had pets
living in their rental units at the beginning of their tenancy and continued to have those pets
throughout their tenancies could not have their leases changed (upon renewal) by the new (or
existing) landlord to prohibit the tenants from keeping the pets that they currently had. However,
the landlord could prohibit the housing of any additional pets that those tenants may acquire in the
future. A landlord may also prohibit existing and future tenants who do not own or maintain pets
from caring for or maintaining pets on the premises.
The Pets in Housing Projects law, N.J.S.A. 2A:42-103, et seq., defines “senior citizen
housing project,” as any building or structure having three or more rental dwelling units. It does
not apply to owner-occupied premises that do not have more than three rental dwelling units, or
any health care facility. Any senior citizen residing in a senior citizen housing project and
providing written notice to the landlord is allowed to own or care for a pet.
A landlord may refuse to renew a tenant’s lease because of a pet, under the following
circumstances:
1. If the pet’s existence or behavior violates federal, state, or local building, health or use
codes;
2. If the tenant fails to properly care for the pet;
3. If the tenant fails to control the pet, when taking the pet to or from the building, or if the
tenant fails to take prompt action to remove any pet waste when requested by the landlord;
and
4. If the tenant fails to keep the pet’s waste functions confined to areas that do not interfere
with the common areas or entrance and exist of anyone to or from the senior citizen housing
project.
A municipal court may declare a dog to be potentially dangerous if the dog:
1. Causes bodily injury to a person during an unprovoked attack, and poses a serious threat
of bodily injury to a person;
2. Poses a threat or severely injured or killed another pet; or
3. The dog has been trained or encouraged to engage in unprovoked attacks on people or other
pets.
A landlord may require a tenant to remove a pet from the rental premises if the pet is a
continuing nuisance to the welfare or property of the landlord or the other residents. If the tenant
does not remove the pet, the landlord may file for an eviction action for violating the lease due to
a continuing nuisance created by the pet. The landlord has the burden of proving that the pet is a
continuing nuisance. A continuing nuisance means that the pet’s existence interferes with the
health, security, and comfort of other tenants or the number, size, breed, or species of the pet is
inappropriate for the type of housing accommodations.
Landlords have the right to create reasonable written rules and regulations regarding the
care and maintenance of pets. These rules and regulations should be incorporated into the tenant’s
lease.
7
The Law Against Discrimination as set forth in N.J.S.A. 10:5-29.2, prohibits
discrimination against handicapped, blind, or deaf people in renting or leasing housing
accommodations. A handicapped, blind, or deaf person who has a service or guide dog, or who
obtains a service or guide dog, shall have full and equal access to all housing accommodations and
shall not be required to pay extra compensation. Any lease or rental agreement prohibiting pets
shall not apply to a service or guide dog owned by a handicapped, blind, or deaf tenant. The tenant
is responsible for any damages done to the premises by the service or guide dog.
Tenants should maintain control of their pets and obey any lease requirements regarding
the care and control of a pet’s behavior, designated activity/walking areas and waste cleanup.
Tenants should obey all Federal, State, and Local laws regarding the maintenance of their pets.
Pets should not create a continuing nuisance for other residents or the landlord. Landlords are not
responsible for the actions of a tenant’s pet, unless the landlord is aware of the pet’s vicious
propensity and fails to take action. If tenants do not obey pertinent laws, rules, and regulations, the
landlord may have cause to ask the tenant to remove the pet from the premises or the landlord may
have cause for an eviction action.
Termination of a Lease Agreement
The only reason a landlord can terminate a lease is if they offer a new lease to the tenant
with different terms, i.e. higher rent or new rules and regulations, and the tenant does not agree. A
landlord cannot evict a tenant just because the lease term has ended. It is important to note that
termination is distinguishable from eviction. For more detailed information, see the eviction
section of this publication.
If a tenant moves out before the end of the lease, the landlord may be able to hold the tenant
responsible for the rent that becomes due until the premises is rented again, or until the lease ends,
whichever occurs first. If the tenant moves out before the lease term has expired, the landlord must
attempt to re-rent the apartment for the remaining months on the lease and prove that there was an
attempt to re-rent the unit, i.e. advertising the premises for rent and interviewing tenants (Sommer
v. Kridel, 74 N.J. 446 (1977); McGuire v. City of Jersey City, 125 N.J. 310 (1991); Fanarjian
v. Moskowitz, 237 N.J. Super. 395 (App. Div. 1989)).
A tenant may terminate a lease for the following reasons:
1. Moving out because of bad conditions - if the landlord fails to make needed repairs the
tenant must have proof of the bad conditions. If this is the case, the law holds the landlord
responsible for breaking the lease by failing to fulfill their contractual obligation to provide
safe and decent housing. This is called constructive eviction (Reste Realty Corp v.
Cooper, 53 N.J. 444 (1969); Harel Assoc. v. Cooper Healthcare Prof. Serv., Inc., 271
N.J. Super. 405 (App. Div. 1994)).
2. Housing that is not handicapped accessible - if a landlord cannot or will not make a
dwelling unit handicapped-accessible, at the landlord’s own expense, for a disabled
tenant or a member of the tenant’s immediate family who is disabled as a result of the
loss of one or more limbs or who requires an assistive device to move about, the lease can
be terminated on the 40
th
day following receipt by the landlord of a notice of lease
8
termination and certification from a treating physician on a form submitted by the tenant
to the landlord (N.J.S.A. 46:8-9.2).
The same procedure applies to the termination of the lease in the event of the death of the
tenant or the tenant’s spouse, except that a specific form is not prescribed (N.J.S.A. 46:8-
9.1). These provisions for early termination do not apply to any lease that specifically
provides otherwise.
3. Lease Termination Due to Disabling Illness - under the Lease Termination Due to
Disabling Illness, Accident or Death Law, a tenant may break their lease, under certain
conditions. A 40-day written notice of lease termination is required in each instance. The
tenant must vacate and return possession of the property to the landlord at least five
working days prior to the 40
th
day following the landlord’s receipt of the notice to
terminate. Rent must be paid until the termination date (N.J.S.A. 46:8-9.2).
A. In certain circumstances, a tenant suffering a disabling illness or accident resulting
in a loss of income may break a lease having a term of one or more years after
submitting a form prescribed by law (N.J.S.A. 46:8-9.2).
B. Tenants 62 years of age or older that are accepted into an assisted living facility, a
nursing home, or a continuing care retirement community may break their lease.
The tenant, spouse, or legal representative must provide the landlord with written
notice of termination of the lease and attach a certification from a treating physician
stating that the tenant or spouse needs to be in an assisted living facility, nursing
home, or continuing care retirement community and documentation that the tenant
has been accepted into one of those facilities (N.J.S.A. 46:8-9.2).
C. Tenants 62 years of age or older that do not already reside in low- or moderate-
income housing and are accepted into low- or moderate-income housing may break
their lease agreements. The tenant, spouse, or legal representative must provide the
landlord with a written notice of termination of the lease and attach documentation
i.e., a lease or intent to lease low or moderate housing (N.J.S.A. 46:8-9.2).
4. Termination of the Lease Due to Domestic Violence - according to the New Jersey Safe
Housing Act (N.J.S.A. 46:8-9.4 et seq.) victims of domestic violence may terminate their
lease without penalty prior to the expiration of the lease by providing the landlord with a
written notice that the tenant or a child of the tenant faces an imminent threat of serious
physical harm from a specific person, (that must be identified in the written notice), if the
tenant remains on the premises, and by fulfilling any of the following requirements:
A. Has a certified copy of a permanent restraining order issued by a court under the
Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17 et seq.) and
protecting the tenant or child from the person named in the written notice;
B. Has a certified copy of a permanent restraining order from another jurisdiction
issued pursuant to that jurisdiction’s laws concerning domestic violence, and
protecting the tenant or child from the person named in the written notice;
C. A law enforcement agency record documenting the domestic violence, or certifying
that the tenant or a child of the tenant is a victim of domestic violence;
9
D. Medical documentation of the domestic violence provided by a health care
provider;
E. Certification, provided by a certified Domestic Violence Specialist, or the director
of a designated domestic violence agency, that the tenant or a child of the tenant is
a victim of domestic violence; or
F. Other documentation or certification, provided by a licensed social worker, that the
tenant or a child of the tenant is a victim of domestic violence.
Lease Termination due to domestic violence shall take effect on the thirtieth day following
receipt by the landlord of one of the documents listed above and a written notice from the tenant
that they intend to vacate the premises and terminate the lease. The rent shall be pro-rated up to
the time of the lease termination (N.J.S.A. 46:8-9.4 et seq.).
If there are tenants on the lease other than the tenant who has given notice of termination
of the lease due to domestic violence, the co-tenant’s lease also terminates. The co-tenant may
enter into a new lease agreement with the landlord at the landlord’s option.
Where the leased premises are under the control of a public housing authority or
redevelopment agency, the victim of domestic violence must give notice in accordance with any
relevant regulations pertaining to public housing leases.
If a tenant terminates the lease agreement prior to the expiration of the lease pursuant to
the Safe Housing Act, (N.J.S.A. 46:8-9.6), the tenant is entitled to the return of their security
deposit. Within 15 business days after the lease is terminated, the landlord shall make available
the return of the tenant’s security deposit, plus any interest earned, to the tenant or the tenant’s
agent. In addition, within three business days after the lease is terminated, the landlord must notify
the tenant in writing of when and where the tenant can pick up the security deposit. The notice
must be given by personal delivery or mailed to the last known address, indicating the location of
the security deposit and the hours in which the tenant may pick up their security deposit. The
landlord must provide a duplicate notice to the relocation officer. If there is no relocation officer,
notice must be provided to the municipal clerk. The security deposit must be available for return
during normal business hours for thirty (30) days in the municipality where the rental property is
located. The security deposit must be accompanied by an itemized list of the interest earned and
any deductions. Any security money not demanded by and returned to the tenant or the tenant’s
designated agent within 30 days shall be redeposited or reinvested by the landlord, in accordance
with the Security Deposit law. The landlord may charge the tenant for any money due the landlord
under the terms of the lease, including damages to the property that are not ordinary wear and tear
and any rent due and owing at the time the lease is terminated (N.J.S.A. 46:8-19
A landlord shall not disclose information documenting domestic violence that has been
provided to the landlord by a victim of domestic violence. The information shall not be entered
into any shared databases or provided to any person or entity. However, the information may be
used as evidence in an eviction proceeding, legal action for unpaid rent or damages from the
tenancy, with the consent of the tenant, or as otherwise allowed by law.
10
This law does not apply to transient or seasonal rentals.
5. Service Members Civil Relief Act - a service member leasing an apartment before entering
the military has the legal right under this act to terminate the lease under the following
circumstances (50 U.S.C.A. § 3955):
A. At any time after the renter’s entry into military service; or
B. The service member, while in military service, executes the lease and thereafter receives
military orders for a permanent change of station outside of the continental United States
or to deploy with a military unit for a period of not less than 90 days.
The service member must provide the landlord written notice of termination of the lease and a
copy of the military orders. Notice of termination of the lease must be provided in advance.
Termination of the lease is effective on the last day of the month following the month in which the
notice is delivered. The service member will incur no further monetary responsibility after
providing the landlord with the proper notices. The landlord is required to return the security
deposit in accordance with the applicable Security Deposit Law (N.J.S.A. 46:8-26).
Moreover, if the rent does not exceed $3,991.90 per month, eviction actions may be stayed
by the courts for three (3) months unless the court finds that the tenant’s ability to pay rent is not
materially affected by reason of the military service. This amount is current as of 2020 and
increases each year in accordance with the CPI component for housing.
For further information about the act including specific notice requirements and time
frames, military personnel can contact the Legal Assistance Section of Fort Dix and McGuire Air
Force Base at (609) 754-2010 or the Reserve Office of Fort Monmouth Legal Services at (732)
532- 4371.
Modification of the Rental Premises for People with Disabilities
It is illegal for a landlord to refuse to rent to a tenant because of the tenant’s handicap or
disability. The landlord is not required to modify existing rental premises occupied, or to be
occupied, by a person with a disability. However, the landlord also cannot refuse to make
reasonable changes (at the expense of the disabled person) as may be necessary to afford the
disabled person full enjoyment of the premises. The tenant may be required to restore the premises
to the condition that existed before the modification, except for reasonable wear and tear. The
landlord may also require a description of the modifications and proof of required permits
(N.J.A.C. 13:13-3.4(f)).
The landlord may require the tenant deposit money into an escrow account each month to
cover the costs of removal of the modifications when the tenant moves out. The landlord can only
require the tenant to deposit the money into the escrow account if they can prove that the costs of
restoring the premises to its original condition will be expensive. Payments into an escrow account
must be affordable and must cease when the amount needed to restore the unit to its original
condition is reached. Interest on the account goes to the tenant.
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New Jersey State Law also allows a disabled tenant to terminate the lease agreement if the
unit is not handicapped accessible. A lease can be terminated if the landlord refuses to make the
unit handicapped accessible after the tenant requests that the unit be made handicapped accessible
and the landlord is unable or unwilling to do so (N.J.S.A. 46:8-9.2).
Right of Entry
In general, a landlord does not have the right to enter a residential rental premises without
consent of the tenant or a judgement from the Superior Court of New Jersey. There is no case law
in New Jersey that either requires a tenant to give a landlord a key or prohibits a landlord from
keeping a key to a rented unit. The landlord does not have the right to come into the dwelling unit
whenever he or she wants to enter. However, the courts have generally approved lease provisions
that require the tenant provide the landlord with a key citing emergency circumstances where the
lack of a key could result in the loss of life or property in the case of an emergency. Unless
otherwise clearly stated in the lease agreement, a tenant disputing the landlord’s right to a key can
simply refuse to provide the landlord with a key. The landlord may then seek an action for eviction
based on the tenant’s refusal to provide the landlord with a key. The court may deny the landlord
the right to have a key if the tenant can prove that the landlord has abused the right to enter the
premises. Moreover, the landlord may be liable to the tenant for damage or stolen property if the
landlord is known to have a key and known to enter the rental unit when the tenant is not home. In
a written lease, the landlord’s duty not to enter the premises in called the covenant of quiet
enjoyment which means that the tenant can control who may or may not enter the dwelling unit
(N.J.S.A. 2A-39-1).
A landlord shall be guilty of an unlawful entry and detainer if they enter the rental premises
peacefully or forcibly and then detain or keep possession of the property or take the property by
force, the threat of force, or remove the tenant’s personal property without consent of the tenant or
a judgment from the Superior Court of New Jersey. With the exceptions noted above, if a landlord
enters a tenant’s unit while the tenant is not home, without the tenant’s permission, it is forceable
entry (N.J.S.A. 2A:39-2). If a tenant willfully and without force holds over or remains at the
property after they have been given a written notice demanding delivery of possession (Notice to
Quit) of the rental premises from the tenant to the landlord, the tenant shall be guilty of an unlawful
detainer. If the tenant is found guilty of an unlawful detainer, the tenant shall pay the landlord
double the rent for the holdover time that the tenant possesses the premises (N.J.S.A. 2A:39-2).
Filing a complaint for unlawful entry and detainer
Any legal action for a forcible unlawful entry and detainer, forcible detainer, and unlawful
detainer shall be brought before the Superior Court, and the court may hear and make a
determination in that action. If a landlord enters the rental premises unlawfully, a trespass
complaint may be filed by the tenant with the local police department, under the New Jersey
Criminal Code for “defiant trespass” (N.J.S.A. 2A:39-6).
A tenant or landlord depending on the judge’s decision shall be entitled to possession of
the real property and shall recover all damages that may have been caused by the unlawful entry
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and detainer, including, court costs and attorney’s fees. When it is not appropriate to return the
person to possession of the premises, treble (3x) damages shall be awarded (N.J.S.A. 2A:39-8).
Access to the property
The Bureau of Housing Inspection, or an authorized representative, has the authority to
enter and inspect at any reasonable time any multiple dwelling (N.J.A.C. 5:10-1.1 et seq.). A
multiple dwelling is a building with three or more independent dwelling units. It is the duty of the
landlord to notify the tenant when the Bureau of Housing Inspection has scheduled the property
for an inspection.
The Bureau of Housing Inspection regulations also provide that upon reasonable
notification tenants must give the landlord and the landlord’s employees access to the dwelling
unit for the purpose of inspection and maintenance. Reasonable notification is normally one day.
However, in the case of safety or structural emergencies immediate access shall be granted
(N.J.A.C. 5:10-1.2).
Consent of the tenant is required for inspection of the tenant’s private living quarters that
are subject to the lease agreement except in the following cases (N.J.A.C. 5:10-1.10 (d)):
1. In case of emergencies where a condition exists that pose an immediate threat to the safety or
health of persons using or near the premises.
2. Where access to the premises has been denied and inspection is required to implement the
requirements of the Bureau of Housing Inspection.
A landlord may request entry to a rental unit to perform other services or to show the unit
for re-renting or sale. However, there is no statute or available case law that obligates a tenant to
allow a landlord access to the rental premises for purposes other than inspection, maintenance, and
repair. Therefore, the issue of entry in other cases should be addressed in the terms of the lease
agreement. Disputes that arise regarding a landlord’s right of entry must be decided on a case-by-
case basis in court.
Security Deposits
The Security Deposit Law applies to most residential rental properties, including mobile
homes. The exception is an owner-occupied two-, or three-family dwelling. A tenant in an owner-
occupied two-, or three-family dwelling may, however, make this provision applicable to their
tenancy 30 days after sending a written request to the landlord that the landlord fulfill the
requirements of the Security Deposit Law. In New Jersey, the landlord is not required to collect a
security deposit from the tenant, however, if they do, they must follow prescribed rules and
regulations (N.J.S.A. 46:8-26).
The maximum-security deposit to be collected by the landlord cannot be more than one
and one-half times one month’s rent (N.J.S.A. 46:8B-21.2). It can be less. Any additional yearly
security deposit increase may not exceed 10% of the current security deposit. A landlord may not
charge a pet security deposit if it exceeds one and one-half times one month’s rent when combined
with the regular security deposit. In the case of Brownstone Arms v. Asher, 121 N.J. Super. 401
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(1972), and Reilly v. Weiss, 406 N.J. Super. 71 (2009), the courts determined that advanced rents
in excess of one and one-half times the monthly rental payment violate the Security Deposit Law.
Therefore, any prepaid funds held to secure future rents are considered to be a part of the security
deposit. This includes the last month’s rent. It does not matter how the prepaid funds are labeled.
The landlord may only require one and one-half times the tenant’s monthly rent as security and
the first month’s rent at the inception of the lease. That means the landlord may not require more
than two and one-half times the monthly rent at the inception of the lease, this includes the security
deposit and the first month’s rent. There is no time limitation within the statute for making the
request for a deposit.
The security deposit money continues to be the property of the person making the deposit
and must be held in trust by the person receiving the money. This means that the person who
receives the money must not use the money in any way not permitted by law. The security deposit
shall not be comingled with the personal property or become an asset of the landlord.
A landlord or designee who receives security deposit money for ten or less units must
deposit that money in an insured bank or savings and loan association located in New Jersey in an
interest-bearing account at the current interest rate at the time of deposit. A landlord or designee
who receives security deposit money for 10 or more units has the option of investing the money in
an insured money market fund of a New Jersey-based investment company where the investments
mature in one year or less, or deposit that money in a State or federally charted bank, or savings,
and loan association located in New Jersey in an account bearing a variable rate of interest. This
section of the Security Deposit Law does not apply to security deposits for seasonal use or rental.
Seasonal use or rental means use or rental for a term of not more than 125 consecutive days for
residential purposes by a person having a permanent place of residence elsewhere. Seasonal use
or rental does not mean use or rental of living quarters for seasonal, temporary, or migrant farm
workers in connection with work or place where work is being performed. The landlord shall have
the burden of proving that the use or rental of the residential property is seasonal (N.J.S.A. 46:8-
19 (d)).
The interest or earnings paid on the security deposit belongs to the tenant and shall be paid
to the tenant in cash or credited toward rent due and owing on the renewal or anniversary of the
tenant’s lease or on January 31, if the tenant has been given written notice, that the interest
payments will be paid on January 31 of each year (N.J.S.A. 46:8-19 (c)).
Within 30 days of receipt of the security deposit and at the time of each annual interest
payment, the landlord must notify the tenant in writing of the name and address of the banking
institution or investment company in which the money is deposited, the amount of the deposit,
type of account, and current rate of interest for the account. In addition, the landlord must notify
the tenant within 30 days of transferring security deposit money to a new landlord or moving the
security deposit to another account or bank. If a tenant does not receive proper notice or is not paid
interest as required, the tenant may use the security deposit for payment of rent by giving the
landlord written notice that the security money plus interest at the rate of 7% per annum be applied
to rent payments or payments due or to become due from the tenant. However, if the tenant does
not receive the annual notice at the time of the annual interest payment, or is not paid the annual
14
interest, as required, the tenant must give the landlord written notice and allow the landlord 30
days to comply with the annual interest payment and notice requirements. If the landlord does not
reply within the allotted time, the tenant can use his security deposit toward his rent. If the tenant’s
security deposit gets applied to his rent, the landlord may not make further demand for an
additional security deposit (N.J.S.A. 46:8-19.1 (c)).
Within 30 days after the termination of a tenancy, a landlord must return the security
deposit, plus interest earned less deductions, to the tenant (N.J.S.A. 46:8-21.1). Deductions may
include the cost of any damages over and above normal wear and tear, and any other money due
the landlord under the terms of the lease. The landlord must return the money either by personal
delivery, registered, or certified mail. If there are any deductions made from the security deposit
by the landlord, an itemized list of these deductions must also be sent to the tenant by registered
or certified mail within 30 days from the termination of the tenancy. If the amount of money owed
to the landlord for damages or unpaid rent is greater than the amount of the security deposit, the
landlord may sue for the difference. No deductions shall be made from a security deposit of a
tenant who remains in possession of the rental premises.
If a landlord fails to return the security deposit within 30 days, or the tenant disagrees with
the amount deducted, the tenant may sue for double the amount of the security deposit that the
tenant contends was wrongfully withheld. If the tenant is successful, the court may award the
tenant double the amount wrongly withheld, together with court costs and reasonable attorney’s
fees (N.J.S.A. 46:8-21.1). However, if the tenant breaks the lease and moves out of the dwelling
unit prior to the expiration of the lease, without legal cause, the lease is not considered to be
terminated. The lease is considered to be terminated once the unit is re-rented or the lease expires,
whichever occurs first, provided that the tenant notified the landlord as required by the lease
agreement. The date the rental unit is re-rented determines the date of the termination of the
breached lease, J.C. Mitchell v. First Real Estate, 287 N.J. Super 546 (1996). Therefore, in the
case of a broken lease agreement by the tenant, the 30 days that the landlord shall return the tenant’s
security deposit does not start until the landlord re-rents the rental unit, or until the lease expires,
whichever occurs first.
Within five (5) business days after a tenant is displaced by fire, flood, condemnation, or
evacuation, the landlord must return the security deposit. The law requires the return when either
an authorized public official has posted a notice prohibiting occupancy or has certified that the
displacement is expected to continue longer than seven (7) days. Within three (3) business days of
having received notice of the displacement, the landlord must let the tenant know where the
security deposit can be collected. The landlord may arrange to have the municipal clerk hold the
security deposit so that the tenant may collect it at the clerk’s office. If the tenant has not collected
the deposit within 30 days, the landlord can redeposit it with the banking institution or investment
company with which it was deposited before the displacement. If the tenant is later able to move
back into the dwelling unit but has already collected the deposit, the tenant must again pay the
landlord a security deposit (one-third will be due immediately, another one-third in 30 days, and
the last one-third in 60 days) (N.J.S.A. 46:8-21.1).
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If the property is sold or transferred it is the duty of the new owner to obtain the security
deposit, plus accrued interest on the tenant’s deposit, that was collected by the former owner.
Whether or not the deposit and interest are transferred, the new owner is responsible for the
investment of the security deposit, giving all notices and paying interest, and for the return of the
security deposit, plus any accrued earnings or interest (N.J.S.A. 46:8-21).
The Small Claims section of the Special Civil Part of the Superior Court, Law Division in
the county where the unit is located or in the county where the landlord resides has jurisdiction in
actions involving security deposits where the amount does not exceed $5,000, including any
applicable penalties, but not including court costs. For actions over $5,000 but not exceeding
$15,000, a person must file in the Special Civil Part of the Superior Court Law Division, New
Jersey Court Rule 6:11 (N.J.S.A. 46:8-21.4). There is no State agency that has jurisdiction over
security deposit disputes. All disputes must be settled through court action.
Any landlord who willfully and intentionally withholds a security deposit made by or on
behalf of a tenant who has received financial assistance through any State or federal program,
including welfare or rental assistance, may be penalized. The landlord may be liable for a civil
penalty of not less than $500 or not more than $2,000 for each offense. The penalty shall be
collected and enforced by summary proceedings pursuant to the Penalty Enforcement Law
(N.J.S.A. 2A:58-12). The State entity which made the deposits on behalf of the tenant will be
entitled to any penalty amounts recovered. A tenant receiving governmental financial assistance is
not required to file an action to recover security deposits withheld by a landlord in violation of this
law in order to continue participation in the governmental program (N.J.S.A. 46:8-21.1; N.J.S.A.
46:8-21.5).
Any person who unlawfully uses security deposit monies may be criminally charged as a
disorderly person and may be subject to a fine of not less than $200 or imprisonment for not more
than 30 days, or both (N.J.S.A. 46:8-25).
Discrimination
Under State and federal laws, it is illegal for a landlord or rental agency to refuse to rent or
discriminate in the rental of housing units. The New Jersey Law Against Discrimination (LAD),
N.J.S.A. 10:5-12(g) to -(h), prohibits discrimination when selling or renting property and requires
equal treatment in the sale or rental of housing regardless of race, creed, color, national origin,
ancestry, sex, marital status, civil union status, domestic partnership status, familial status,
affectional or sexual orientation, gender identity or expression, mental and physical disability,
nationality, or source of lawful income.
The law applies to all landlord-tenant relationships, except those involving two-family
owner occupied dwellings, rooms in an owner or resident-occupied single home, and residences
planned exclusively for and occupied by one sex, i.e. YMCA and age-restricted housing, as it
pertains to familial status (N.J.S.A. 10:5-5(n)).
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A landlord may refuse to rent to an individual or family if they do not have sufficient
income, family is too large for the unit, overcrowded occupancy would result in violation of zoning
laws, or credit history is poor (42 U.S.C.A. § 3601 to -3610).
Under the LAD and the Fair Housing Amendments Act, the refusal to rent to a family that
includes children, with the exception of housing built for older persons and owner-occupied
structures with no more than two dwelling units is prohibited under 42 U.S.C.A. § 3601 to -3610.
A complaint against a person who refuses to rent, or who attempts to cancel a lease based
on illegal discrimination may be filed in a court of competent jurisdiction, i.e. New Jersey Superior
Court. Discrimination complaints pertaining to New Jersey state law violations should be reported
to the proper field office of the Division of Civil Rights, New Jersey Department of Law and Public
Safety. Addresses and contact information of the various regional offices are located in the
appendix section of this publication. If there is a federal violation, a complaint may be filed with
the U.S. Department of Housing and Urban Development or the U.S. Attorney. For additional
information regarding discrimination on housing in New Jersey, the website is
http://www.nj.gov/oag/dcr/index.html
If a complaint is filed with one of the three agencies referenced above these agencies are
required to investigate the complaint and take action and remedy the situation if it is found that
discrimination has actually occurred. A landlord that discriminates may be required to pay
monetary damages and be required to rent the unit to the complainant if a violation is determined
to have occurred. Under the LAD, landlords who violate this law are subject to substantial fines
and penalties, up to $10,000 for a first offense (N.J.S.A. 10:5-14.1a(a)).
Disposition of Personal Property
In accordance with N.J.S.A. 2A:18-72, a landlord of residential property may dispose of
any personal property, tangible goods, manufactured, or mobile homes left on the premises after
having given notice to the tenant prior to disposition of the property; or the tenant has provided
the landlord with a written notice that they are relinquishing possession of the premises. The
landlord may dispose of the property if they believe that the tenant has left the property on the
premises with no intention of asserting any further claim to the property and the premises.
Additionally, the landlord must satisfy the following conditions:
1. Written notice to the tenant with the requirements of the Abandoned Property Law concerning
delivery and storage. The notice shall be sent by certified mail return receipt requested or by
receipted first class mail addressed to the tenant at tenant’s last known address and at any
alternate address known to the landlord (N.J.S.A. 2A:18-73); and
2. A warrant for removal has been executed and possession of the property has been restored to
the landlord (N.J.S.A. 2A:18-72(b)); or
3. The tenant has given written notice that they are voluntarily relinquishing possession of the
premises (N.J.S.A. 2A:18-72(b)).
If the abandoned property is not removed:
1. The landlord may sell the property at a public or private sale (N.J.S.A. 2A:18-78(a)); or
17
2. The landlord may destroy or otherwise dispose of the property if the landlord reasonably
determines that the value of the property is so low that the cost of storage and conducting a
public sale would probably exceed the amount that would be realized from the sale (N.J.S.A.
2A:18-78(b)); or
3. The landlord may sell items of value and destroy or otherwise dispose of the remaining
property (N.J.S.A. 2A:18-78(c)).
If the tenant claims the property within the timeframe provided in the notice, the landlord
must make the property available for removal by the tenant without payment by the tenant of any
unpaid rent.
After notifying a tenant as required by sections N.J.S.A. 2A:18-73 to -74 (contents of
notice for abandoned property), a landlord shall store all goods and other personal property of the
tenant in a place of safekeeping and shall exercise reasonable care for the property, except that the
landlord may promptly dispose of perishable food and shall allow an animal control agency or
humane society to remove any abandoned pets. A landlord shall be entitled to reasonable storage
charges and costs incidental to storage. A landlord may store property in a commercial storage
facility, in which case the storage cost shall include the actual storage charge plus the reasonable
cost of removal of the property to the place of storage.
If a tenant responds in writing or orally to the landlord, on or before the day specified in
the required notice, that they intend to remove the property from the premises, or from the place
of safekeeping if the landlord has stored the property and does not do so within the time specified
in the notice or within 15 days after the written response, whichever is later, the tenant’s property
shall be conclusively presumed to be abandoned (N.J.S.A. 2A:18-76).
Upon removal of property, a tenant shall reimburse the landlord for the reasonable cost of
storage for the period the property was in the landlord’s safekeeping, including the reasonable cost
of removal of the property to a place of storage. A landlord shall not be entitled to reimbursement
for storage and removal costs which are greater than the fair market value of such costs in the
locale of the rental property. A landlord shall not be responsible for any loss to a tenant resulting
from storage of property unless the loss was caused by the landlord’s deliberate or negligent act or
omission (N.J.S.A. 2A:18-77).
A landlord may deduct from the proceeds of any sale the reasonable costs of notice, storage
and sale and any unpaid rent and charges not covered by a security deposit. After deducting these
amounts, the landlord shall remit to the tenant the remaining proceeds, if any, together with an
itemized accounting. If the tenant, after due diligence, cannot be found the remaining proceeds
shall be deposited with the Superior Court and, if not claimed within 10 years, shall escheat to the
State (N.J.S.A. 2A:18-80).
Compliance in good faith by the landlord with the requirements of the law constitutes a
complete defense in any action brought by a tenant against a landlord for loss or damage to the
property, however, if the landlord seizes and retains a tenant’s property without complying with
the law, the tenant is relieved of any liability for reimbursement of the landlord’s cost and is
entitled to recover up to twice the actual damages sustained (N.J.S.A. 2A:18-82).
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Nonpayment and Distraint
A landlord is prohibited from taking or holding a residential tenant’s possessions for
nonpayment of rent. The legal term for this practice is “distraint.” A landlord cannot use distraint
for money owed on a lease or other agreement for a unit used only as a residence (N.J.S.A. 2A:33-
1 to -23).
A tenant may sue for damages resulting from distraint for nonpayment of rent in Superior
Court, Special Civil Part, in the county the building is located or the county in which the landlord
resides. The court may award double damages and costs of legal action to a tenant whose property
was wrongfully distrained, (N.J.S.A. 2A:33-19). Any tenant who removes or conceals any of his
personal property with the intent to delay, hinder, or defraud the landlord shall be liable for the
damages to the landlord if the action of the tenant appears to be willful, the landlord shall be
entitled to recover double damages (N.J.S.A. 2A:33-21).
When a tenant threatens to leave the unit without payment of rent and a landlord has not
yet received a judgement from the court, the landlord may seek a temporary restraining order to
prohibit the tenant from leaving the jurisdiction of the court (Court Rule 4:51-5).
Consumer Fraud Protection
Deception, fraud, misrepresentation, or knowing failure or refusal to provide important
information in connection with the sale or advertisement of real estate is illegal in New Jersey
(N.J.S.A. 56:8-2). An aggrieved consumer may sue for triple damages plus attorney’s fees for
consumer fraud (N.J.S.A. 56:8-19). A tenant may contact the Department of Law and Public
Safety, Division of Consumer Affairs, Office of Consumer Protection, 124 Halsey Street, Newark,
New Jersey 07101, (973) 504-6200, https://www.njconsumeraffairs.gov for further information
concerning the Consumer Fraud Act.
Credit Checks and Background Checks
Landlords may access credit reports for prospective tenants from credit bureaus or tenant
screening agencies. The landlord may use the information provided in deciding whether to approve
or deny an applicant. If a tenant’s application is denied due their credit report, the landlord must
provide the tenant with the name, address, and telephone number of the credit reporting or
screening agency that supplied the negative report (15 U.S.C.A. § 1681m). The landlord is allowed
to charge the tenant for the cost of the report. The landlord may also request reasonable rental
application fees or employment verification. For more information about the Fair Credit Reporting
Act, call toll-free 1-877-FTC-HELP (1-877-382-4357), or visit their website at www.ftc.gov.
Landlords may also perform background checks through public records.
Furthermore, landlords may attempt to verify the validity of any information a tenant
provides on his or her rental application.
Rent
A tenant has the responsibility to pay the full amount of rent on time. An owner has the
responsibility to maintain the dwelling in a habitable condition.
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A tenant who remains in a unit after giving his or her landlord written notice of intent to
leave may be held responsible for double the rent payments for the months that the tenant continues
to occupy the unit without a lease. The payment of double rent payments shall continue to be paid
during the time period in which the tenant continues in possession of the premises after giving
written notice of intention to leave the premises (N.J.S.A. 2A:42-5). The amount due and owing
to the landlord is recoverable by any action in any court of competent jurisdiction (N.J.S.A. 2A:42-
6).
Any senior citizen receiving a Social Security Old Page Pension, a Railroad Retirement
Pension, or any other governmental pension in lieu of a Social Security Old Age Pension, and any
recipients of Social Security Disability Benefits, Supplemental Security Income, or benefits under
Work First New Jersey, must be given a period of five (5) business days grace period for payment
when the rent is due on the first of the month. No delinquency or late charge may be assessed
during the grace period. Any landlord who fails to allow this grace period may be criminally
prosecuted as a disorderly person (N.J.S.A. 2A:42-6.1 to -6.3).
Rent Control/Rent Increases
The State of New Jersey has no laws that establish, govern or control rents. Municipalities
may pass an ordinance establishing rent control or rent leveling. Locally created boards enforce
these ordinances. Rent control ordinances have been upheld as a valid exercise of the municipal
police power where there is a housing shortage (Iganamort v. Borough of Fort Lee, 120 N.J.
Super. 286 (1973); Helmsley v. Borough of Fort Lee, 78 N.J. 200 (1978); Orange Taxpayers
Council, Inc. v. City of Orange, 83 N.J. 246 (1980))
Under the Newly Constructed Multiple Dwellings Law (N.J.S.A. 2A:42-84.5), newly
constructed multiple dwellings shall be exempt from any local rent control ordinances for a period
of 30 years following completion of construction of the building. Rents that are subsidized by
governmental funding may also be exempt from local rent control ordinances. A tenant may
contact the Rent Control Board or municipal clerk in their town to find out if their rental unit is
covered by a rent control or rent leveling ordinance.
Although the State of New Jersey does not have any laws that establish, govern, or control
rents, a landlord can increase rents if they follow certain procedures. A landlord cannot raise the
rent mid-lease term. The old lease must be terminated, and the new lease must have the increased
rental payment. The landlord has to offer the tenant a new lease with the increased rent once the
old lease has been terminated. In order to terminate a lease, the landlord must take the following
steps (N.J.S.A. 2A:18-61.1(f)):
1. Landlord must give the tenant proper written notice, which informs the tenant that the current
lease is terminated, and the tenant can remain in the premises by signing a new lease at an
increased rent.
2. Written notice must also state that end of the current lease, tenant has the right to continue
renting the premises at the increased rent.
20
Notice requirements for rent increases are contained in the Anti-Eviction Act (N.J.S.A.
2A:18-61.1 et seq.). This law provides that before an owner can evict a tenant for nonpayment of
an increased rent, they must first serve the tenant with a valid notice to quit and notice of rent
increase. This notice does not mean that the tenant must actually leave; the tenant has the right to
remain as long as they pay any legal increase in rent. The increase in rent must not be
unconscionable; it must not be so unreasonable as to shock the conscience of a fair and honest
person and must comply with any municipal ordinances governing rent increases.
The definition of unconscionable is fact sensitive. Factors used in defining unconscionable
are the amount of the increase; the landlord’s expenses and profitability; how the existing and
proposed rent compared to rents charged at similar rental properties in the same geographic area;
the relative bargaining position of the parties; and the Judge’s general knowledge (Fromet
Properties v. Buel, 294 N.J. Super. 601 (App. Div. 1996); Hale v. Farrakhan, 390 N.J. Super.
335 (App. Div. 2007)).
If an increase is determined to be unconscionable or a tenant has not received proper notice,
the tenant may file a complaint with a municipal rent control board where one exists. Where there
is no municipal rent control and a rent increase is charged that a tenant does not pay on the ground
that it is unconscionable, the landlord may file an eviction action for non-payment of the rent
increase. A judge would decide if the increase was unconscionable or not. If the court finds that
the rent increase is not unconscionable or in violation of a rent control ordinance, the tenant will
have to pay the increase in order to avoid being evicted.
If a building is converted to a condominium or cooperative form of ownership, or to fee
simple ownership of units, rents may not be increased to cover costs resulting solely from the
conversion (N.J.S.A. 2A:18-61.31). This does not mean that rents may not be increased to cover
the cost of new services or amenities. This prohibition applies to all tenants in the building
regardless of whether they are eligible for protected tenancy as senior citizens or disabled persons.
Public Financed and Subsidized Housing
Housing developments owned or subsidized by the U.S. Department of Housing and Urban
Development (HUD), as well as unsubsidized developments with HUD-insured mortgages
determined by HUD to have certain economic problems, are not subject to municipal rent control.
For further information on the proper notice of a rent increase (the allowable amount of each rent
increase in HUD buildings), contact the U.S. Department of Housing and Urban Development,
New Jersey State Office, 1 Newark Center, Newark, New Jersey 07102-5260, (973) 622-7900.
Likewise, rents fixed and controlled by the New Jersey Housing and Mortgage Finance Agency
(NJHMFA) in projects it finances are not subject to municipal rent control ordinances. For further
information on the proper notice of a rent increase or the allowable amount of rent increase in a
NJHMFA project, contact the New Jersey Housing and Mortgage Finance Agency, 637 South
Clinton Ave., Post Office Box 18550, Trenton, New Jersey 08650-2085, (609) 278-7400.
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Property Tax Rebate for Tenants
The Tenants’ Property Tax Rebate Act (N.J.S.A. 54:4-6.2 to – 6.13; N.J.A.C. 5:33-3.1 et
seq.), as amended in 1998, may require owners of properties with five (5) or more rental units to
pass on to their tenants as a rent credit or cash rebate, the full amount of any current property tax
reduction. Reductions are calculated by comparing the current year’s taxes with a previous year
(beginning with 1998) that shows a larger tax amount. The difference is the amount to be rebated
to tenants. Municipalities with rent control ordinances that do not permit landlords to pass tax
increases along to tenants are not subject to the law. The law also contains exceptions for certain
types of rental properties. See N.J.S.A. 54:4-6.3 for the list of the types of properties that are
exempt.
In each municipality, where a rebate is due, a notice of property tax reduction (N.J.S.A.
54:4-6.7) is sent from the local tax collector to the building owners within 30 days after tax bills
are issued to the building owner. Generally, rebates are to be distributed in monthly installments
at rent payment dates, beginning within 30 days after receipt of Notice of Tax Reduction. The first
rebate is to be cumulative from January and all are to be completed by December 31. However, if
the notice is received after November 1, the rebate is to be completed by June 30 of the following
year.
Under the law, in eligible municipalities, a property rebate is due to tenants only when
property taxes are reduced because of: 1) a municipal wide revaluation of all real estate and only
in the first year the revaluation takes effect, 2) generally, when the property tax rate in the current
year is lower than the base year (usually 1998), 3) taxpayers in the municipality receive tax rate
credit through the Regional Efficiency Aid Program (REAP) (N.J.S.A. 54:4-8.76 et seq.). The
entire amount of the REAP credit must be passed through to tenants.
The law and rules contain details on eligibility and other issues beyond what is covered in
this publication. For additional information, please direct all questions about the program to the
Tenant Property Tax Rebate Program, Division of Local Government Services, P.O. Box 803,
Trenton, New Jersey 08625-0803, (609) 984-5076, or via e-mail at [email protected], or on the
website at www.nj.gov/dca. The program also has a handbook titled “Tenant and Landlord Guide
to the Tenant Property Tax Rebate Act,” which can be obtained at no cost by writing or e-mailing
the above address.
New Jersey Homestead Property Tax Credit
Residential tenants may be eligible for a tax credit under the Homestead Property Tax
Credit Act, if they were tenants during the year for which the tax return is filed. In order to qualify,
applicants must meet income eligibility requirements. This is not a credit on rent payments and is
not paid by or through the landlord. The benefit is paid through the New Jersey Division of
Taxation. The homestead benefit may come in the form of a rebate or credit. Tenants may apply
for a homestead rebate or credit by filling out the application on the New Jersey Gross Income Tax
Form. This form must be filed by April 15
th
of each year with the New Jersey Division of Taxation.
Even tenants who are not required to file a return for income taxes may still apply for the credit.
Questions concerning this credit should be directed to the New Jersey Division of Taxation,
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Taxpayers Information Service, 50 Barrack Street, Post Office Box 269, Trenton, NJ 08646, (609)
292-6400 or (800) 323-4400. (See Homestead Property Tax Credit Act, N.J.S.A. 54:4-8.57 through
8.75).
Identity of Landlord
A landlord who owns a one or two-family non-owner-occupied home is required by law to
file a registration statement with the clerk of the municipality in which the building is located. If
the building has three (3) or more units, the statement must be filed with the Bureau of Housing
Inspection, Post Office Box 810, Trenton, New Jersey 08625-0810, on a registration form provided
by the Bureau. The Bureau sends a validated copy of the filed registration form to the municipal
clerk. Owner-occupied two-family homes are not required to be registered. The landlord
registration law prohibits a landlord from evicting a tenant in the building if the landlord has not
been properly registered (N.J.S.A. 46:8-27 to -37).
The registration statement must be given in writing to each tenant and posted in a place in
the building where it can be easily seen. The document must state the date of preparation and
contain the names and addresses of the following: 1) the owner or owners of the building and the
owners of the rental business if not the same person; 2) the registered agent and corporate officers
if the owner is a corporation; 3) a person who resides in or has an office in the same county as the
building and is authorized to accept service of process, if the owner is not located in the county;
4) the managing agent; 5) regular maintenance personnel; 6) the owner’s representative who must
be available and able to act in an emergency (the representative’s telephone number must be
listed); 7) every holder of a recorded mortgage on the building; 8) if fuel oil is used to provide heat
to the building and it is furnished by the owner, the name, and address of the fuel oil dealer and
the grade of oil used must also be included (N.J.S.A. 46:8-28).
Every landlord required to file a certificate of registration must file an amended registration
with the correct agency (Bureau of Housing Inspection or clerk of the municipality) within 20 days
after any changes to the information on the certificate. No fee shall be charged for filing an
amendment except where ownership of the property has changed, (N.J.S.A. 46:8-28.2). Amended
registration statements must also be posted in the building and each tenant must be notified in
writing within seven (7) days after filing the amended statement. In any eviction action by a
landlord who has failed to follow the provisions of this law, the court is required by law to reserve
judgement and continue the case – that is, to keep the case open and not issue a judgement for
eviction – for up to 90 days to allow the landlord time to comply. If the landlord has not-complied
within the allotted time, the court must dismiss the case, which means that the tenant is not evicted.
The Superior Court, Law Division, Special Civil Part and the municipal court in the
municipality in which the premises are located have concurrent jurisdiction to enforce penalties
sought against landlords who violate the requirements of the Landlord Identity law. The maximum
penalty is $500.00 for each offense, recoverable by a summary proceeding under “The Penalty
Enforcement Law” (N.J.S.A 2A:58-1 et seq.). The Attorney General, the municipality in which
the premises are located, or any other person may institute the summary proceeding. The court will
remit any penalty recovered to the municipality in which the subject premises is located unless the
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action is brought by the Attorney General, in which case the penalty is remitted to the State
(N.J.S.A. 46:8-35).
Habitability
Many citizens in the State reside in dwelling units that fail to meet minimum standards of
safety and sanitation. All units shall be maintained as so to be fit for human use and habitation
and to prevent progressive deterioration of the unit to the detriment of the health, safety, and well-
being of its occupants. Both landlords and tenants have certain obligations for maintenance of
these dwelling units. These obligations are based on lease provisions, New Jersey Statutes, local
municipal ordinances, and court decisions, and require that proper and timely notice be given by
the tenant to the landlord where there are safety and sanitation conditions that must be corrected.
Tenants have the right to safe, sanitary, and decent housing. Residential leases carry an
implied warranty of habitability. The New Jersey Supreme Court has held that a landlord offering
two units or more for rent implies that it is habitable and agrees to keep it in that condition. Upon
terminating the lease, a tenant is responsible for maintaining and returning the property to the
landlord in the same condition that the tenant received it, except for normal wear and tear. When
damage has been caused by malicious or abnormal use by the tenant, the tenant is responsible for
the repair (Marini v. Ireland, 56 N.J. 130 (1970); Dowler v. Boczkowski, 148 N.J. 512 (1997)).
Reporting Housing Code Violations:
All buildings with three or more rental units must comply with the regulations for the
maintenance of Hotels and Multiple Dwellings and must be registered with the Bureau of Housing
Inspection (BHI) in the Department of Community Affairs. BHI is responsible for the Statewide
enforcement of the Hotel and Multiple Dwelling Law and the regulations for maintenance of Hotel
and Multiple Dwellings (N.J.S.A. 55:13A-1 et seq.).
To file a complaint against a landlord, for housing code violations contact the Bureau of
Housing Inspection at (609) 633-6241. Multiple dwellings are to be inspected for violations in the
following manner: inspection will be scheduled on a seven, five, or two-year schedule depending
on the number of violations and abatements on the property. Under this tiered system inspections
will take place as follows: (1) Every seven years when no violations are found or all violations are
abated before the first reinspection; (2) Every five years in dwellings where all violations are
abated by the second or third reinspection; (3) Every two years in dwellings where all violations
are not abated by the third reinspection. The law also requires that the owner of each multiple
dwelling of three or more units must file a certificate of registration. Once the certificate of
registration is obtained, it must be prominently placed in a conspicuous site on the property. This
certificate of registration must be filed annually. Should the information change, the owner must
file an amended registration statement. Violation of this law can result in a $200.00 penalty per
violation (N.J.S.A. 55-13A-12(d)). One- and two-unit buildings that are not owner-occupied must
comply with any applicable local ordinances and must register with the Clerk in the municipality
in which the residential property is located. No registration is required for owner-occupied two-
family houses.
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The Hotel and Multiple Dwelling Law gives the Commissioner of the Department of
Community Affairs power to issue and enforce regulations and to levy penalties to ensure that
multiple dwellings are maintained so that they do not endanger the health, safety, or welfare of the
tenants or the general public. Both landlords and tenants must maintain buildings so that there is
no violation of these regulations. Tenants must take care of their units and report any code
violations to the landlord or superintendent and upon one-day notice, shall allow the landlord or
his representative to enter the unit to make any inspections, repairs, or alterations required in order
to meet code requirements. In case of an emergency, immediate access shall be granted. The
landlord must keep the property in good repair, clean, free of infestation and free of any hazards
or nuisances that might be harmful to the health or safety of the occupants, and must provide basic
maintenance, including heat, building security, smoke alarm systems or detectors, and properly
functioning plumbing and electrical systems, etc. (N.J.A.C. 5:10-5.1).
Child-Protection Window Guards/Screens
This requirement does not apply to seasonal rental units (units rented from May 1 to
October 1 each year). Nor does this requirement apply to owner-occupied units, condominiums
and co-ops (N.J.S.A. 55:13A-7.13(a)1 to –(b)2).
Leases must contain a notice advising tenants that, upon written request by the tenant, the
owner is required to provide, install, and maintain window guards in dwelling units with children
10 years of age or younger. In addition, bi-annual written notices must be given to tenants
informing them of the window guard regulation. Furthermore, landlords must give first-floor
tenants notice that they may also request window guards to protect the safety of their children, if
the windows are more than six feet above ground or if there are other hazardous conditions that
make the installation of the window guards necessary (N.J.A.C. 5:10-27.1(c) to –(d)). By law the
landlord may charge a tenant no more than twenty dollars ($20.00) for each window guard installed
in the tenant’s apartment (N.J.A.C. 5:10-27 Appx. 27B).
Screens suited to protect the interior of the building against insects must be provided and
kept in good repair for each exterior door, except exterior doors which do not provide ventilation.
Screens shall also be provided, maintained and installed for each openable window in living and
common areas. Screens are not required for units or common areas on the 6
th
floor or above.
Carbon Monoxide and Smoke Detectors
Both one- and two-household dwellings as well as living space in hotels and multiple
dwellings must be equipped with smoke detectors and carbon monoxide alarms. In the case of one-
and two-family houses the requirement is enforced upon any change in occupancy or any time a
permit is required for work being undertaken (N.J.S.A. 52:27D-192). An owner of a one- or two-
family house must obtain a Certificate of Smoke Detector and Carbon Monoxide Detector Alarm
Compliance from the local fire official responsible for the enforcement of the Uniform Fire Safety
Act. The requirement is enforced by the New Jersey Department of Community Affairs under the
Regulations for the Maintenance of Hotels and Multiple Dwellings with respect to multiple
dwellings (N.J.A.C. 5:10-28.1).
25
No carbon monoxide alarm is required in any building that does not contain any fuel-
burning appliances and does not have an attached garage. The enforcing agency may issue a
certificate for a seasonal rental unit for a period of 12 months, regardless of the number or
frequency of changes in tenancy (N.J.A.C. 5:70-2.3, 2.9, & 4.19).
At the request of a tenant who is deaf or hearing impaired and residing in a multiple
dwelling or rooming and boarding house, the landlord must provide and install a visual alarm type
carbon monoxide detector and smoke detector for that unit or, in the case of a rooming or boarding
house resident, for the resident’s sleeping area. The tenant should make his or her request in writing
to the landlord (N.J.A.C. 5:10-28.1, 5:27-14.1, 5:70-4.9).
Locks
For a dwelling unit to be insurable, it must be equipped with locks that meet the federal
standards as described below. State law requires that every landlord of a multiple dwelling equip
the building with locks meeting federal standards. These standards are the same as those required
under the New Jersey Hotel and Multiple Dwelling Regulations.
The regulations call for each exterior doorway to be protected by a door which, if not a
sliding door, is equipped with a deadbolt lock using either an interlocking vertical bolt and striker,
or a minimum ½-inch throw deadbolt, or a minimum ½-inch throw self-locking latch. For further
information on locks, write to the Code Administrator for the county the building is in, Bureau of
Housing Inspection, Department of Community Affairs, P.O. Box 810, Trenton, NJ 08625-0810,
(609) 633-6225. In buildings of fewer than three (3) units, the tenant should contact the municipal
building inspector or health officer for enforcement of any existing local ordinances (N.J.A.C.
5:10-19.2).
State Heat and Utility Requirements
The Hotel and Multiple Dwelling regulations establish heating standards for buildings with
three (3) or more units. For buildings with fewer than three (3) units, tenants need to contact their
municipal building or health offices for enforcement of local ordinances regarding heating. Every
unit or dwelling space must have a heating system that will provide and maintain heat at least 68
degrees F. from October 1 to May 1, from 6:00 a.m. to 11:00 p.m. and 65 degrees F. at other hours,
supplying the required fuel or energy, and maintained the heating system in good condition so that
it can provide the required amount of heat. However, a landlord and a tenant may agree that the
tenant will supply heat to a dwelling unit when the unit is served by separate heating equipment
and the source of that heat can be separately computed and billed (N.J.A.C. 5:10-14.4). To file a
complaint pertaining to heating and utilities from anywhere in the State of New Jersey, contact the
Bureau of Housing Inspection at (609) 633-6241.
The State Board of Public Utilities (BPU) enforces regulations that prohibit utility
companies from shutting off utilities in tenant-occupied buildings whose owners have failed to
make payments until tenants have been given notice and an opportunity to agree to make future
payments (N.J.A.C. 14:3-3A5 to -3A:8). The office of the BPU is located at 44 S. Clinton Avenue,
Post Office Box 350, Trenton, NJ 08625, (609) 777-3300.
26
The Board of Public Utilities also handles complaints regarding diversion of service. The
utility company that provides service to the rental property will provide an application for
requesting a diversion of service investigation. There is no cost to have the investigation
performed. If the investigation reveals that a tenant is being billed for service used by another, the
landlord will be contacted to have the problem corrected. For the Utility Residential Customer’s
Bill of Rights, please visit https://www.state.nj.us/bpu/assistance/rights/. The Utility Residential
Customer’s Bill of Rights is a concise, plain language explanation of the BPU regulations as set
forth in N.J.A.C. 14:3-1.1 et seq.
For emergency action in the event of failure to provide required heat, a tenant can contact
the local health officer immediately after giving, or attempting to give, notice to the landlord.
When the heating equipment in a residential unit fails and the landlord does not take appropriate
action after receiving proper notice form the tenant, the local board of health may act as an agent
for the landlord and order the repairs necessary to restore the equipment to operating conditions
(N.J.S.A. 26:3-31(p)).
Rent Receivership for Substandard Housing and Diversion of Utilities
In the event that a dwelling unit fails to meet minimum standards of safety and sanitation,
the Rent Receivership Law permits the public officer of a municipality or tenant(s) of a dwelling
to petition the court for a judgment directing the deposit of rents with the court and the appointment
of an administrator who must use the money to correct the unsafe conditions (rent receiver)
(N.J.S.A. 2A:42-85 to -95).
If a tenant’s utility service has been wrongfully diverted by the owners or some other party
without the consent of the tenant, and the charges are being billed to the tenant whose services
have been diverted, and the landlord has been notified by a public officer, the tenant or a utility
company, and the landlord has failed to take necessary action to correct the wrongful diversion
within 30 days of receipt of the notice, the tenant may file a complaint in Superior Court for Rent
Receivership (to deposit rent money with the court until the problem is corrected) or in Small
Claims Court. The notice to the landlord regarding the wrongful diversion should be sent by
certified mail (N.J.S.A. 2A:42-87).
Multifamily Housing Preservation and Receivership
Any interested party may bring a court action to have a receiver appointed for multifamily
buildings which are substandard and deteriorating. Interested parties should file a complaint in
Superior Court in the county in which the building is located to have a receiver appointed to take
charge and manage the building. Any receiver appointed will be under the direction and control of
the court. In order for the building to be eligible for receivership it must meet one of the following
criteria (N.J.S.A. 2A:42-117):
1. The building is in violation of any State or municipal code to such an extent as to endanger the
health and safety of the tenants as of the date of the filing of the complaint with the court, and
the violation(s) have persisted, unfixed for at least 90 days; or
27
2. The building is the site of a clear and convincing pattern of recurrent code violations, which
may be shown by proofs that the building has been cited for such violations at least 4 separate
times within the prior 12 months or 6 separate times within the preceding 2 years and the owner
has failed to take action.
Public Housing Maintenance
Public Housing Authority leases must contain the rights and responsibilities of both the
Housing Authority and the tenant in the event there is extensive damage to a property and
conditions are created that are hazardous to life, health, or safety of the occupants. A Public
Housing Authority lease must include a provision for standard alternative accommodations, if
available, where necessary repairs cannot be accomplished within a reasonable time period. For
more information regarding public housing leases you may contact the, U.S. Department of
Housing and Urban Development, (HUD), New Jersey State Office, 1 Newark Center, Attn: Public
Housing, Newark, N.J. 07102-5260, (973) 622-7900.
Federal Lead-Based Paint Disclosure
Under rules adopted jointly by the U.S. Environmental Protection Agency (EPA) and the
U.S. Department of Housing and Urban Development (HUD) in 1994, landlords of certain types
of buildings must notify prospective tenants of lead-based paint hazards in the dwelling they wish
to rent and provide them with information about the identification and control of such hazards.
More specifically, if the dwelling to be rented was constructed prior to 1978, contains bedrooms
and is to be rented for more than 100 days, the landlord must provide the tenant, before the lease
is signed, an EPA pamphlet entitled, ”Protect Your Family from Lead in Your Home” (42 U.S.C.S.
§ 4851 et al.).
In addition, the landlord must ensure that the lease agreement includes a federal disclosure
form. On the form, the landlord must state whether they are aware of the presence of any lead-
based paint or lead based hazards in the property. If the landlord has a lead evaluation report of
the property, the report must be attached to the form.
The federal regulations only require landlords to disclose known lead hazards. They do not
require landlords to conduct any investigations to determine whether there are lead-based paint
hazards in their rental properties. Therefore, the fact that the landlord is unaware of a lead hazard
does not mean that one does not exist. Lead-based paint hazards may still be present and, if they
are, young children residing in those buildings are at risk of childhood lead poisoning.
Housing for the elderly or persons with disabilities are exempt from the lead paint
disclosure requirement unless a child under the age of six (6) resides with the tenants. For specific
questions about childhood lead poisoning or single copies of the pamphlet titled, “Protect Your
Family from Lead in Your Home,” forms and rules, call the National Lead Information Center
(NLIC) at (800) 424-5323 (LEAD). Requests can be faxed to (585) 232-3111, and information can
also be found on the HUD Office of Lead Hazard Control and Healthy Homes website, which is:
https://www.hud.gov/program_offices/healthy_homes. Noncompliance with the guide include
civil and administrative penalties.
28
For bulk copies of the “Protect Your Family from Lead in Your Home” (Stock number
055-000-00507) pamphlet, call (202) 512-1800.
State Lead-Based Paint Disclosure
Multiple Dwellings and one- and two-family tenant occupied residential buildings,
including all common areas, constructed before 1978, are required to undergo a combined
inspection and risk assessment, and lead hazard control work, or periodically treat the property for
lead-based paint hazards. However, this rule does not apply to the following: a dwelling unit that
has been certified as having a lead-free interior; an owner-occupied dwelling unit; a seasonal
dwelling unit which is rented for less than 6 months’ duration each year; or housing for the elderly
or a residential property designed exclusively for persons with disabilities, unless a child less than
six (6) years of age is expected to reside in the dwelling unit. The owner must post a notice advising
tenants to report deteriorated paint and shall respond to any reported problem within 30 days. The
notice shall include the landlord’s name, address, and telephone number, however, the landlord
shall respond to any report of deteriorated paint within one week if there is a pregnant woman or
child under the age of six (6) in the unit or if the problem is in a common area (N.J.A.C. 5:10-
6.6(h)2(i)). The Bureau of Housing Inspection is responsible for the inspection of multiple
dwellings for compliance with the state lead paint requirements.
Tenant notification and landlord response requirements are as follows: Landlords shall
distribute the pamphlet for Lead Safe Maintenance prior to commencement of repair work that
will disturb more than two (2) square feet of lead-based paint, unless the tenant has received the
pamphlet within the past 12 months (N.J.A.C. 5:10-6.6(h)1). The pamphlet may be obtained by
contacting the Bureau of Housing Inspection, P.O. Box 810, Trenton, N.J. 08625, (609) 633-6225
or at www.nj.gov/dca/codes.
Occupants will not be permitted to enter the worksite during hazard reduction activities
and will be temporarily relocated to a safe and similarly assessible dwelling unit, unless the
treatment will not cause a hazard. The occupant’s belongings must also be moved from the
contaminated area or protected by an impermeable covering. A warning sign shall be posted at
each entry to a room where hazard reduction activities are conducted when occupants are present;
or at each main and secondary entryway to a building form which occupants have been relocated
(24 C.F.R. 35.1345).
A local board of health has the authority to order the removal of lead paint from the interior
of a dwelling unit when it causes a danger to occupants.
Post of Drinking Water Test Results
1. Public Water Systems:
Public water systems are defined as those having at least 15 service connections or
regularly serve an average of at least 25 individuals daily at least 60 days or more out of the year
(N.J.S.A. 58:12A-3).
29
The landlord of a multiple dwelling who is required to prepare a Consumer Confidence
Report pursuant to the “Safe Drinking Water Act Amendments of 1996,” (42 U.S.C.S. § 300f et
al.), or who receives a Consumer Confidence Report from the owner or operator of a public
community water system, shall post each Consumer Confidence Report it prepares or receives in
each common area routinely used by tenants living in a multiple dwelling unit or, if there is no
common area routinely used by tenants, the landlord of the multiple dwelling unit must transmit a
copy of the Consumer Confidence Report to each dwelling unit.
The landlord of a multiple dwelling unit who is a supplier of water but is not required to
prepare a Consumer Confidence Report pursuant to the “Safe Drinking Water Act Amendments
of 1996,” and who is required to conduct tests of its drinking water by the Department of
Environmental Protection, must post a chart setting forth the results of the water tests, including
the level of detection and, as appropriate for each contaminant, the maximum containment level,
highest level allowed, action level, treatment technique, or other expression of an acceptable level,
for each contaminant, in each common area routinely used by the tenants living in a multiple
dwelling unit, or if there is no common area routinely used by the tenant, the owner of the multiple
dwelling unit must transmit a copy of the chart to each dwelling unit. The chart also must include
in bold print the statement required to be included in a Consumer Confidence Report, pursuant to
40 C.F. R. 141.154(a).
2. Private Water Systems:
Private water systems are defined as any water system that does not meet the definition of
a public water system.
The Private Well Testing Act (N.J.S.A. 58:12A-26 et seq.) requires private potable wells
to be tested in accordance with the law. All landlords of property supplied by a private potable
well must provide a copy of the test results to all tenants of the property. Testing is required at
least once every five (5) years. The landlord is required to provide a copy of new test results to
each rental unit within 30 days of receiving those results. Any new tenant of a rental unit is to be
provided a written copy of the most recent test results by the landlord (N.J.S.A. 58:12A-32). The
New Jersey Department of Environmental Protection will notify local health authorities of failed
well tests. For further information or questions about the Private Well Testing Act, contact the
New Jersey Department of Environmental Protection (NJDEP), 401 East State Street, Post Office
Box 426, Trenton, New Jersey 08625-0426, (609) 292-5550.
Remedies if the landlord fails to maintain the property in a habitable condition
1. Repair and Deduct
If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital
deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain
the property could also lead to what is called a constructive eviction by the tenant (see below for
explanation). The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a
portion of the rent if the property is not habitable (Marini v. Ireland, 56 N.J. 130 (1970); Dowler
v. Boczkowski, 148 N.J. 512 (1997))
30
Before applying the remedies of repair and deduct, constructive eviction, rent abatement, or
withholding the rent or a portion of the rent, the following must apply:
1. The defect must be of a “vital facility.” Vital facilities are those items necessary to make
the rental unit habitable. Example of defects of vital facilities include broken toilets, no hot
or cold water, lack of heat or electricity, broken windows, or air conditioning.
2. The tenant must not have caused the condition.
3. The tenant must have notified the landlord that the deficient condition existed and allowed
the landlord adequate time to fix the defect. Notice to the landlord should be given by the
tenant in writing and by certified mail, return receipt requested.
A maintenance problem that does not threaten residents’ safety, or does not affect
habitability, does not provide a basis for rent withholding or repair and deduct. Rent withholding
was authorized when the New Jersey Supreme Court held that the obligation of a tenant to pay
rent and the obligation, (whether written or not) on the part of a landlord to maintain the property
in a livable condition are mutually dependent (Berzito v. Gambino Rental Abatement, 114 N.J.
Super. 124 (1971), 63 N.J. 460 (1973); Housing Authority of City of Newark v. Scott, 137 N.J.
Super. 110 (App. Div. 1975)).
The New Jersey Supreme Court has permitted the self-help remedy of “repair and deduct.”
A landlord promises at the beginning of a lease that the vital facilities needed to make the dwelling
unit livable are in good condition and the property will be maintained. When there are defects in
the vital facilities, a tenant must first notify the landlord of the situation and allow a reasonable
amount of time for the landlord to make repairs or replacements. If a landlord fails to take action,
a tenant may have the repairs made and deduct the cost from future rent. However, a landlord may
still take a tenant to court for nonpayment of rent. As a defense, the tenant would have to prove
the presence of defects, the failure of the owner to act despite having received reasonable notice,
and the need to make repairs. In the event the matter goes to court, the tenant will very likely be
required to deposit the full amount of the rent with the court. If there is a finding in favor of the
landlord, in most cases, the unpaid rent must be paid by the end of the court day to avoid eviction.
If there are defects in the vital facilities and the landlord has not repaired them after
receiving proper and timely notice from the tenant, the tenant may either seek a decrease in rent
by court action or simply withhold rent. A landlord may bring an eviction action for nonpayment
of rent. As a defense, the tenant must prove the necessity to make repairs and the failure of the
landlord to act despite having received reasonable notice. To avoid possible eviction in the event
the court finds in favor of the landlord, the tenant should save the amount of money withheld so
that he will be able to pay it if ordered by the judge. It is advisable to set up a separate bank account
for this purpose.
As to air conditioning, the Superior Court, Appellate Division has held that air conditioning
that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure
affects the habitability of the premises.
2. Constructive eviction – Constructive eviction occurs when a tenant breaks the lease without
penalties because the landlord is guilty of neglect or default, which makes the premises unsafe,
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unfit, or unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 444 (1969), established the
foundation for constructive eviction. If a tenant invokes the remedy of constructive eviction, and
the landlord is found to be negligent in maintaining the rental unit, the tenant is entitled to the
return of the security deposit and is not responsible for the rent for the balance of the lease or the
cost of re-renting the property.
3. Rent abatement (reduction) – Upon entering into a lease, the tenant’s promise to pay rent and
the landlord’s warranty of habitability are interdependent. In Berzito v. Gambino, 63 N.J. 460
(1973), the court held that a tenant claiming that the landlord did not maintain the property in a
habitable condition may initiate an action to recover all or part of the deposit paid when the lease
was finalized or all of the rent paid. If the court finds that the landlord did not maintain the property
in a habitable condition, the tenant will be charged only with the reasonable rental value of the
property in its imperfect condition during the tenancy.
4. Withholding the rent or a portion of the rent – If the landlord breaches his obligation of
maintaining the property at an adequate standard of habitability, a tenant may withhold the rent or
a portion of the rent to be used as a set-off, because of the deficient condition. If the landlord
institutes an eviction proceeding for non-payment of rent, the tenant is entitled to use the landlord’s
breach of obligation to provide a habitable residence as a defense and justification for the set-off
(deduction of rental payment) (Marini v. Ireland, 56 N.J. 130 (1970))
5. Rent Receivership – The law promoting safe and sanitary housing for tenants of substandard
dwellings (N.J.S.A. 2A:42-85 et seq.) was enacted after the Berzito decision. The law authorizes
tenants in substandard dwelling units to deposit their rents with a court-appointed administrator
for use in remedying defective conditions. If there is a difference in the market value of the
premises in its defective condition and the amount of rent that the tenant paid to the court
administrator, the tenant may be entitled to a rent abatement and may only be charged the
reasonable rental value of the property in its imperfect condition. To use this remedy, a tenant or
housing inspector may file a complaint in the court of the municipality in which the property is
located.
Note: Not every defect or inconvenience is considered a breach of the warranty of habitability.
Each case must be judged on its own facts. To avoid eviction, any rent withheld by the tenant
should be saved and accessible in case the court requires the tenant to pay the outstanding rent.
In emergency situations created by the landlord or resulting from his negligence, the
landlord may be responsible to bear a tenant’s expenses in obtaining alternative housing during
the emergency. Expenses may be deducted from the rent. However, the expenses must be
reasonable.
Flood Plain Notification Requirement
If the rental property has been determined to be located in a flood zone or area, the landlord
must notify each new tenant prior to occupancy that the rental property is located in a flood zone
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or area. This notice is not required to be given in one- and two-unit residential buildings, or in an
owner-occupied three-family dwelling, or in hotels, motels, or other guest housing serving
transient or seasonal guests (N.J.S.A. 46:8-50).
Crime Insurance Information
Crime insurance is available through the New Jersey Insurance Underwriters Association,
Crime Insurance Indemnity Plan. To apply for crime insurance, contact the New Jersey Insurance
Underwriters Association, Crime Insurance for Habitable Property, 570 Broad Street, Post Office
Box 32609, Newark, New Jersey, 07102, (973) 622-3838 directly for an application. This
insurance is applicable to coverage from losses from theft and/or burglaries. A tenant may also
purchase renter’s insurance from a private insurance company to cover damages to his or her
personal property. Please visit www.njiua.org for additional information on insurance coverage.
Eviction
The Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to 61.12, was created to protect blameless
tenants from eviction and was adopted in recognition of the housing shortage in the State. A
landlord may recover possession of a dwelling unit used as a residence only by consent of the
tenants or through the legal process of eviction. In an eviction action, when a landlord obtains a
judgment of possession of the unit from a court, the landlord is entitled to a warrant for removal.
This warrant will direct an officer of the court to remove all persons from the dwelling unit and
give the landlord full possession. The warrant may also direct the officer of the court to remove
the tenants’ belongings. It is the landlord’s responsibility to obtain the warrant for removal and
have it enforced (N.J.S.A. 2A:18-61.1).
An eviction is an actual removal of a tenant from the premises. A landlord must have good
cause to evict a tenant (N.J.S.A. 2A:18-53). There are several grounds for a good cause eviction.
Each cause, except for nonpayment of rent, must be described in detail by the landlord in a written
notice to the tenant. A “Notice to Quit” is required for all good cause evictions, except for an
eviction for nonpayment of rent (N.J.S.A. 2A:18-61.2). A “Notice to Quit” is a notice given by
the landlord terminating the tenancy and ordering the tenant to vacate the premises. However, a
Judgment for Possession must be entered by the Court before the tenant is required to move. In
some cases, a “Notice to Cease” may also be required. A “Notice to Cease” serves as a warning
notice; this notice tells the tenant to stop the wrongful conduct. If the tenant does not comply with
the “Notice to Cease,” a “Notice to Quit” may be served on the tenant. There is no statutory time
period for a “Notice to Cease,” however, the period of time for a resident to comply with the notice
must be reasonable under the circumstances (Brunswick Street Assocs. v. Gerard, 357 N.J.
Super. 598 (2002)).
After serving a “Notice to Quit,” on the tenant, the landlord may file suit for an eviction.
If a suit for eviction is filed and the landlord wins his case, he may be granted a Judgment for
Possession. A Judgment for Possession terminates the tenancy and allows the landlord to have the
tenant evicted from the rental premises. No residential landlord may evict or fail to renew a lease,
whether it is a written or an oral lease without good cause. The landlord must be able to prove in
court that he has grounds for an eviction.
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Applicability
The Anti-Eviction Act applies to most residential rental properties including single-family
homes, mobile homes and land in a mobile home park, apartment buildings, and complexes. This
law also applies to rooming and boarding homes (N.J.S.A. 2A:18-53 to -84).
Exceptions
This law may not apply to two- or three-unit owner-occupied premises with two (2) or
fewer rental units. It does not apply to hotel guests, motel guests, or guest houses rented to a
transient guest or seasonal tenant. However, hotel and motel guests are covered under this law if,
the occupant has no alternate residence and resides at the hotel or motel on a continual basis.
Additionally, this law does not apply to a unit held in trust on behalf of a member of the immediate
family, if that family member is developmentally disabled, and permanently occupies the dwelling
unit.
Filing a Complaint for Eviction
An Eviction Action Complaint must be filed with the Office of the Clerk of the Special
Civil Part in the county where the rental premises are located. A Landlord-Tenant complaint
form (to be used by the landlord) is available from the Clerk of the Special Civil Part in the
county where the rental premises are located.
Both the landlord and the tenant must appear at the court hearing. If the landlord or his
attorney fails to appear, the complaint may be dismissed. If the tenant does not appear, a default
judgment may be entered against the tenant allowing the landlord to evict the tenant from the
premises.
Judgment for Possession
If the landlord is granted a judgment for possession, the landlord may apply to the Clerk of
the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to
move out of the premises. The warrant for possession may not be issued until three (3) business
days after the judgment for possession is granted. The tenant has three (3) business days to move
all persons and belongings from the premises. If the tenant does not move after three (3) business
days from the time the warrant for possession was served on the tenant, the landlord may arrange
for the Court Officer to have the tenant evicted or locked out (N.J.S.A. 2A:18-57).
Following the eviction, the landlord must allow the tenant to remove their personal
belongings from the premises. A landlord cannot keep the tenant’s belongings but can arrange for
their storage. A landlord must apply for a warrant for possession within 30 days from the date of
the judgment for possession unless the judgment is vacated through a court order or other written
agreement signed by the landlord and tenant.
A tenant may ask the court for permission to stay in the premises due to special
circumstances that moving may cause. This action is a stay of eviction. If permission is granted,
the tenant may not stay in the premises for more than one year, unless there is an agreed upon
extension between landlord and tenant. All rent due ordinarily must be paid for permission to be
granted by the court (N.J.S.A. 2A:18-59.1).
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“Self-help” Evictions
Self-help evictions occur when the landlord or someone acting on the landlord’s behalf
enters into the dwelling unit without the permission of the tenant and without a judgment from the
Court and forces the tenant to move. A lockout occurs when the landlord padlocks the door or
changes the locks while the tenant are not home and then refuses to allow the tenant back into the
premises. A lockout also occurs when the landlord shuts off the utilities in attempt to force the
tenant to move. Self-help evictions, or lockouts, made by the landlord are illegal in New Jersey.
If a landlord attempts a self-help eviction or lockout, the tenant should call the police. If
the landlord refuses to allow the tenant back into the premises after the police have warned the
landlord about the illegal procedures, the landlord may be charged with disorderly conduct.
“Self-help” eviction is entry into a dwelling unit and removal of tenants without their
consent or without a judgment from a court, are not permitted in New Jersey under any
circumstances.
A landlord or any other person who enters an apartment or property without a court
order authorizing such entry and/or holds a tenant’s belongings unlawfully by force or threat of
monies owed may be liable for damages to the tenant (N.J.S.A. 2A:39-1).
A landlord or their agent may not padlock, disconnect utilities or otherwise block entry to
a rental premise while the tenant still lives there. Also, the removal of a tenant’s belongings from
a premise by a landlord after the eviction may be done only in accordance with the Abandoned
Property Law, N.J.S.A. 2A:18-72 to 84, Only an officer of the court can legally physically evict a
tenant, after a judge has issued a Warrant for Removal.
A person who is illegally evicted may file a complaint with the Clerk of the Landlord-
Tenant Section, Special Civil Part of the Law Division, or the Chancery Division, of the Superior
Court, in the county in which the act was committed. In a successful action by a tenant evicted
through forcible entry and detainer, the court may award possession of the dwelling unit and all
damages, including court costs and reasonable attorney fees. If the dwelling unit cannot be returned
to the tenant as a result of the self-help eviction, the court may award damages.
Causes for Eviction
Listed below are the statutory grounds for eviction as set forth in the Anti-Eviction Statute.
A. Failure to Pay Rent
If a tenant fails to pay rent, the landlord may immediately take legal action to have the
tenant evicted. The landlord is not required to give the tenant notice before filing an
eviction suit, except if the tenant resides in federally subsidized housing. If the tenant
resides in federally subsidized housing a 14-day notice must be given before filing a suite
for eviction (N.J.S.A. 2A:18-61.1(a)). Note: A tenant may not be evicted for nonpayment
of rent, if the tenant used the unpaid portion of rent to continue utility services to the rental
premises after receiving notice that the services were in danger of being discontinued, and
if the landlord was responsible for the payment of those utility services and did not make
the payments required to retain the use of those services. These utilities include electric,
gas, water, and sewer. The money used to pay for the continuance of those services shall
be considered a portion of the rental payment.
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B. Disorderly Conduct
If after given written Notice to Cease disorderly conduct, the tenant continues the
disorderly conduct and that conduct destroys the peace and quiet of the other tenants living
in the building or neighborhood, the landlord may file a suite for eviction. A Notice to Quit
must be served on the tenant at least three days prior to filing a suit for eviction (N.J.S.A.
2A:18-61.1(b)).
C. Damage or Destruction to the Property
The tenant may be evicted if they have intentionally or by reason of gross negligence
caused or allowed destruction, damage, or injury to the property. A Notice to Quit must be
served on the tenant at least three days prior to filing a suit for eviction (N.J.S.A.:2A-
18-61.1(c)).
D. Substantial Violation or Breach of the Landlord’s Rules and Regulations
If after given a written Notice to Cease violating or breaching reasonable rules and
regulations contained in the lease or accepted in writing by the tenant, the tenant continues
to substantially violate or breach the rules and regulations, the landlord may file a suit for
eviction. A Notice to Quit must be served on the tenant at least one month prior to filing
the suit for eviction. In addition, any notices must be given on or before the start of a
new month (N.J.S.A. 2A:18-61.1(d)).
E. Violation or Breach of Covenants or Agreements Contained in the Lease
1) If the tenant continues to substantially violate or breach the reasonable covenants or
agreements contained in the lease, after given written Notice to Cease violating or
breaching those covenants or agreements and if the landlord has reserved a right of re-entry
in the lease, the landlord may file a suit for eviction. A Notice to Quit must be served on
the tenant at least one month prior to filing the suit for this type of eviction.
2) In public housing, if the tenant has substantially violated or breached any of the
covenants or agreements contained in the lease, pertaining to illegal uses of controlled
dangerous substances, or other illegal activities, the landlord may file a suit for eviction.
The covenant or agreement must conform to federal guidelines and must have been in effect
at the beginning of the lease term. The landlord does not have to give Notice to Cease the
illegal activity before filing a Notice to Quit. A Notice to Quit must be served on the tenant
in accordance with federal regulations pertaining to public housing (N.J.S.A. 2A:18-
61.1(e)).
Note: A public housing authority may evict a tenant when a member of the tenant’s
household or guest engages in drug-related activity, even if the tenant did not know of
the drug related activity. Dept. of Housing and Urban Development v. Rucker, 122 S.Ct.
1230 (2002).
F. Failure to Pay Rent Increase
If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit,
the landlord may file a suit for eviction. The rent increase must not be unconscionable and
must comply with all other laws or municipal ordinances, including rent control. A Notice
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to Quit must be served on the tenant at least one month prior to filing the suit for eviction
(N.J.S.A. 2A:18-61.1(f)).
Note: If the tenant believes the rent increase is unconscionable, they may withhold a
portion of the rent. They may withhold the difference between the old rent rate and the
new increased rate. However, the landlord may file suit for eviction and the court would
determine if the rent increase is unconscionable.
G. Health and Safety Violation or Removal from the Rental Market
A tenant may be evicted if the following conditions apply:
1) The landlord has been cited by an inspector and needs to board up or demolish the
property because of substantial health and safety violations and because it is financially
difficult to abate the violations.
2) The landlord needs to abate health and safety violations and it is not possible to do so,
while the tenant resides at the property. In addition, upon request, the landlord must provide
the Department of Community Affairs with information as required under the law, so that
the Department may prepare a report informing all parties and the court of the feasibility
of the landlord to abate the violations without removing the tenants from the property.
3) The landlord needs to correct an illegal occupancy and it is not possible to correct this
violation without removing the tenant.
4) A governmental agency wants to permanently take the property off the rental market, so
that it can redevelop or clear land in a blighted area (N.J.S.A. 2A:18-61.1(g)).
A Notice to Quit must be served on the tenant at least three months before filing a suit
for eviction. The tenant can’t be evicted until relocation assistance is provided.
Note: Tenants evicted under this cause may be eligible for financial and other assistance
for relocation. If eligible, this assistance must be provided before the tenant can be
evicted. Information on relocation assistance can be obtained from the Relocation
Assistance Program of the Division of Codes and Standards, P.O. Box 802, Trenton,
New Jersey 08625, (609) 984-7609.
Any tenant evicted under G 3) (illegal occupancy) is entitled to relocation assistance in
an amount equal to six times the tenant’s monthly rent. The landlord is responsible for
paying the tenant’s relocation expenses. Any tenant who does not receive the required
payment from the landlord at least five days prior to their removal from the premises,
may receive payment from a revolving relocation assistance fund established by the
municipality. The landlord will be required to repay the money to the municipality
(N.J.S.A. 2A:18-61.1(g) or 2A:18-61.1(h); Kona Miah v. Ahmed, 179. N.J. 511 (2004)).
However, if the municipality has not established a relocation assistance fund, and the
landlord does not pay the relocation funds within the required time, interest will accrue
on the unpaid balance at the rate of 18% per year until the amount due, including
interest is paid in full to the tenant. The amount due to the tenant is a lien on the property.
37
The tenant may file a lien statement with the county clerk or registrar in order to enforce
the lien (N.J.A.C. 5:11-8.5(c)).
H. The Landlord Wants to Permanently Retire the Property from Residential Use
If the landlord wants to permanently retire a building or mobile home park from residential
use, provided the circumstances covered under section (G) above do not apply, the landlord
may file suit for eviction. A Notice to Quit must be served on the tenant at least 18 months
prior to filing the suit for eviction. No legal action may be taken until the lease expires
(N.J.S.A. 2A:18-61.1(h)).
I. Refusal to Accept Reasonable Changes in the Terms and Conditions of the Lease
When the lease expires, the landlord may propose reasonable but substantial changes to the
terms and conditions of the lease. If after written notice the tenant refuses to accept those
changes the landlord may file a suit for eviction and the court will determine if the proposed
changes are reasonable. In cases where a tenant has received a notice of termination on any
of the grounds listed in section (K) below, has a protected tenancy status pursuant to the
“Senior Citizens and Disabled Protected Tenancy Act,” or pursuant to the “Tenant
Protection Act of 1992,” the landlord or owner shall have the burden of proof that any
changes in the terms and conditions of the lease, rental, or regulations are reasonable and
does not substantially reduce the rights and privileges that the tenant was entitled to prior
to the conversion. A Notice to Quit must be served on the tenant at least one month before
filing suit for eviction (N.J.S.A. 2A:18-61.1(i)).
Note: The Senior Citizens and Disabled Protected Tenancy Act protects qualifying
tenants from changes in the terms of the tenancy or rent increases, which rests solely on
the landlord’s decision to convert the rental premises.
J. Tenant Continuously Fails to Pay Rent or Habitually Pays Late
If the tenant continuously fails to pay rent or habitually pays late, after written Notice to
Cease, the landlord may file a suit for eviction. A Notice to Quit must be served on the
tenant at least one month before filing a suit for eviction (N.J.S.A. 2A:18-61.1(j)).
Note: The Courts have ruled that habitual late payments means more than one (1) late
payment following the Notice to Cease. Also, the N.J. Supreme Court ruled that a
landlord, after giving a tenant a notice to cease late payments, must continue to give the
tenant reasonable and sufficient notice when accepting further late payments, that
continued late payments from the tenant would result in an eviction action. If the
landlord does not give this continued notice, the original Notice to Cease given to the
tenant may be considered to be waived by the Court.
K. Conversion to Condominium, Cooperative, or Fee Simple Ownership
If the landlord or owner of a building or mobile home park is converting the property from
the rental market to a condominium, cooperative, or fee simple ownership of two or more
dwelling units or park sites, except as hereinafter provided in subsection (L) below, the
landlord may file a suit for eviction. The landlord must comply with the regulations
governing conversion to condominiums and cooperatives, before a warrant for possession
shall be issued. Up to five, one-year stays of eviction shall be granted by the court if the
38
tenant has not been offered a reasonable opportunity to examine and rent comparable
housing. However, not more than a one-year stay shall be granted if the landlord allows
the tenant five months’ free rent as compensation for hardship in relocation. No action for
possession shall be brought against a senior citizen tenant or disabled tenant with protected
tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act of
1992,” as long as the agency has not terminated the protected tenancy status or the protected
tenancy period has not expired. A Notice to Quit must be served on the tenant at least
three years before filing a suit for eviction. No legal action may be taken until the lease
expires (N.J.S.A. 2A:18-61.1(k)).
L. Tenancy After Conversion to Condominium, Cooperative, or Fee Simple Ownership
1) The landlord may file for eviction, if the owner of a building or mobile home park, which
is constructed as or being converted to a condominium, cooperative or fee simple
ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master
deed, or agreement establishing the cooperative or subdivision plat was recorded, because
the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and
the contract for sale calls for the unit to be vacant at the time of closing. However, no action
shall be brought against a tenant under paragraph one (1) of this subsection unless the
tenant was given a statement, informing the tenant that the property is being converted. A
Notice to Quit must be served on the tenant at least two months prior to filing suit for
eviction. No legal action may be taken until the lease expires.
2) The landlord may file for eviction, if the owner of three or less condominium or
cooperative units seeks to evict a tenant whose initial tenancy began, by rental, after the
master deed or agreement establishing the cooperative was recorded, because the owner
seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks
to personally occupy it and the contract for sale calls for the unit to be vacant at the time
of closing. A Notice to Quit must be served on the tenant at least two months prior to
filing suit for eviction. No legal action may be taken until the lease expires.
3) The landlord may file for eviction, if the owner of a building with three residential units
or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a
buyer who wishes to personally occupy it and the contract for sale calls for the unit to be
vacant at the time of closing. A Notice to Quit must be served on the tenant at least two
months prior to filing suit for eviction. No legal action may be taken until the lease
expires (N.J.S.A. 2A:18-61.1(l)).
M. Tenancy Based on Employment
If a tenant resides in the property on the condition that, he is employed by the landlord as
a superintendent, janitor, or in some other job and that employment is terminated the
landlord may file a suit for eviction. A Notice to Quit must be served on the tenant three
days prior to filing a suit for eviction (N.J.S.A. 2A:18-61.1(m)).
N. Conviction of a Drug Offense Committed on the Property
The landlord may file a suit for eviction, if the tenant, including juveniles who have been
found by the Court to be delinquent, has been convicted of or pleaded guilty to drug
offenses that took place on the property, and has not in connection with his sentence either
39
(1) successfully completed or (2) been admitted to and continues during probation
participation toward completion of a drug rehabilitation program. Also, if the tenant lets a
person who has been convicted of or pleaded guilty to drug offenses, occupy the premises
for residential purposes whether it is continuously or occasionally, the landlord may file
for eviction. This does not apply to a tenant allowing a juvenile to reside at the property
where the juvenile has been found to be delinquent due to use or possession of drugs. No
eviction suit may be brought more than two years after: the juvenile was found to be
delinquent; conviction of the person; of after the person’s release from incarceration,
whichever is later. A Notice to Quit must be served on the tenant at least three days prior
to filing suit for eviction (N.J.S.A. 2A:18-61.1(n)).
O. Conviction of Assaulting or Threatening the Landlord, The Landlord’s Family, or
Employees
The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to,
or if a juvenile has been found by the court to be delinquent due to an offense involving
assault or terrorist threats against the landlord, a member of the landlord’s family or an
employee of the landlord. Also, if the tenant permits a person he knows has been convicted
of or has pleaded guilty to these offenses to reside at the premises continuously or
occasionally, the landlord may file a suit for eviction. No eviction suit may be brought
more than two years after: the juvenile was found to be delinquent; conviction of the
person; or after the person’s release from incarceration, whichever is later. A Notice to
Quit must be served on the tenant at least three days prior to filing a suit for (N.J.S.A.
2A-18-61.1(o)).
P. Civil Court Action that Holds Tenant Liable for Involvement in Criminal Activities
The landlord may file for eviction, if the tenant is found by a civil court proceeding (not
criminal) to be liable for involvement in theft of property located on the premises,
involvement in assaults or terrorist threats against the landlord, a member of the landlord’s
family or an employee of the landlord, or involved in illegal drug activities that takes place
on the premises and that tenant has not in connection with his sentence for the drug offense
either (1) successfully completed or (2) been admitted to and continues during probation
participation towards completion of a drug rehabilitation program. Also, if the tenant
permits a person he knows has been convicted of or has pleaded guilty to these actions, to
reside at the premises continuously or occasionally, the landlord may file for eviction. This
does not apply to a tenant allowing a juvenile to reside at the property where the juvenile
has been found to be delinquent due to the use or possession of drugs. No eviction suit may
be brought more than two years after: the juvenile was found to be delinquent;
conviction of the person; or after the person’s release from incarceration, whichever is
later. A Notice to Quit must be served on the tenant at least three days prior to filing suit
for eviction (N.J.S.A. 2A:18-61.1(p)).
Q. Conviction for Theft of Property
The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to,
or if a juvenile has been found to be delinquent by the Court due to an offense involving
theft of property from the landlord or from tenants residing in the same building or
complex. Also, if the tenant permits a person he knows has been convicted of or has pleaded
40
guilty to these actions to reside at the premises continuously or occasionally, the landlord
may file for eviction. A Notice to Quit must be served on the tenant at least three days
prior to filing suit for eviction (N.J.S.A. 2A:18-61.1(q)).
R. Conviction for Human Trafficking
The landlord may file for eviction, if the tenant in a civil action is found to have committed
a violation of the human trafficking provisions set forth in section 1 of P.L. 2005, c.77
(2C:13-8) within or upon the leased premises, building, or complex of the building and
land appurtenant thereto, or the mobile home park, in which those premises are located, or,
being the tenant or lessee of such leased premises, knowingly harbors or harbored a person
engaged in human trafficking, or permits or permitted such a person to occupy those
premises for residential purposes, whether continuously or intermittently. No action for
removal pursuant to this subsection may be brought more than two years after the alleged
violation has terminated (N.J.S.A. 2A:18-61.1(r)).
Evictions for Owner-Occupied Two-and Three-Family Dwellings
Tenants of landlord-occupied two- and three-family dwellings can be removed only when
a court issues an order for eviction. However, in these cases, the landlord must prove that the tenant
(a) is staying after the expiration of the term of the lease, (b) is staying after a failure to pay rent,
(c) is disorderly so as to destroy the peace and quiet of other tenants, (d) willfully destroys or
damages the premises, (e) constantly violates the written rules and regulations or (f) violates any
lease provision where the lease reserves a right of re-entry for such violations. A three (3) month
notice to quit must be given if an at will tenancy or year-to-year tenancy exists. A one (1) month
notice to quit is required for a month-to-month tenancy and other types of tenancies are entitled to
a one (1) month notice to quit.
No further notice is required before bringing action in court to evict
in the case of a tenant staying after a failure to pay rent. A three-day written Notice to Quit is
required for any of the causes described as disorderly, destructive or violative of written rules or
lease provisions (N.J.S.A. 2A:18-61.2(a)). In addition to the causes listed above, a tenant residing
in an owner- occupied two- or three-family dwelling may be evicted if the landlord can show that
the tenant is staying after the expiration of the lease and the landlord has given the tenant a written
notice for delivery of possession of the property. Under this cause of not renewing the lease, a
three-month notice to quit must be given if an at will tenancy or year-to year tenancy exists. A
one-month notice to quit is required for a month-to-month tenancy.
Rooming and Boarding House Evictions
The Regulations Governing Rooming and Boarding Houses, which are enforced by the
Bureau of Rooming and Boarding House Standards of the Department of Community Affairs,
require owners of rooming and boarding houses to follow the good causes and notice requirements
of the Eviction Law
when evicting residents, except if otherwise ordered by the Bureau (N.J.A.C.
5:27-3.3(c)). There is a further requirement that the owner give at least three (3) working days’
notice to the County Welfare Board before starting the eviction action for any resident (N.J.A.C.
5:26-3.4(c)).
Any building having at least two (2) living units occupied by persons unrelated to each
other without private kitchens and bathrooms is a rooming or boarding house if it does not meet
one (1) of the exceptions in the Rooming and Boarding House Act (N.J.S.A. 55:13B-3). These
41
exceptions include hotels with more than 85 percent temporary occupancy by people with homes
elsewhere, school and college dormitories, buildings housing only college students and certain
residences for the disabled. For additional information concerning rooming and boarding houses,
contact the Bureau of Rooming and Boarding House Standards, Post Office Box 804, Trenton, NJ
08625-0804, (609) 633-6251 or (609) 984-1704.
Public Housing Evictions
Public housing authorities must follow State laws regarding evictions as well as the
regulations of the U.S. Department of Housing and Urban Development (HUD) (N.J.S.A. 2A:18-
61.1; 24 C.F.R. 966 et seq.). In the case of an eviction, a public housing tenant may request a
hearing from the housing authority after receiving a notice of termination of tenancy. A housing
authority may not begin an eviction action in court until the decision of the hearing officer or the
hearing panel has been mailed or delivered to the tenant and a notice to vacate has been served.
Penalties for Eviction Law Violations
When a tenant vacates a dwelling unit after having been given notice that the landlord
wishes to personally occupy the unit the landlord must occupy the unit for at least six (6) months.
If instead the landlord permits personal occupancy of the unit by another tenant or registration of
conversion of the property to a condominium or cooperative, the landlord is liable to the former
tenant for three (3) times the damages suffered plus attorney fees and costs (N.J.S.A. 2A:18-
61.6(a)).
When a tenant vacates a dwelling unit after having been given notice that the landlord seeks
to permanently board up or demolish the building or to permanently retire it from residential use,
the landlord must not use this property for residential use for a period of five (5) years. If the
landlord allows any residential use of the unit during the five (5) year period from the date the unit
became vacant, the landlord, or the former landlord, may be liable to the tenant for three (3) times
the damages plus attorney fees and costs. Additionally, the landlord or former landlord may be
liable for a civil penalty up to $10,000.00 for each violation of this law and the property may not
be registered as a planned real estate development during the five-year period following the date
on which any dwelling unit in the property became vacant as a result of an eviction notice stating
that the property was being permanently removed from residential use (N.J.S.A. 2A:18-61.6(c)).
Reprisal - Civil Rights of Tenants
A landlord cannot take reprisal action against a tenant by eviction, substantial alteration of
a lease or its terms, or refusal to renew a lease when a tenant exercises certain civil rights (N.J.S.A.
2A:42-10.10). The law against reprisal applies to all rental properties used for dwelling purposes,
including mobile homes, except owner-occupied two- or three-family dwellings. These civil rights
are:
1. A tenant attempts to enforce any rights under the lease or State or local laws.
2. A tenant has made a good faith complaint to a governmental authority about a landlord’s
violation of any health or safety law, regulation, code, or ordinance. A tenant must have first
notified the landlord in writing and given the landlord a reasonable time to correct the violation
before making the complaint.
42
3. A tenant has been an organizer, or member, of any lawful organization, including a tenant
organization.
4. A tenant refuses to comply with changes in the lease or agreement, if the change(s), have been
made by the owner because the tenant took any of the above actions. If a landlord does take
reprisal action, the tenant may sue the landlord for damages in a civil action.
Procedures for Recovery of Premises
A landlord may recover possession of a dwelling unit through a summary dispossess action
in the Landlord-Tenant Section, Special Civil Part of the Superior Court Law Division in the
county where the building is located. Monetary damages must be recovered in a separate civil
action in Superior Court. Actions for rent recovery in the Special Civil Part cannot exceed
$15,000.00.
When a landlord obtains a judgment for possession from the Special Civil Part, the warrant
of removal cannot be issued until three (3) days after the judgment and only between the hours of
8:00 a.m. and 6:00 p.m. The warrant of removal cannot be executed until a minimum of three (3)
days and two (2) days for seasonal tenants in buildings with five (5) or fewer units, have elapsed
since it was issued. The Fair Eviction Notice Act requires any warrant for removal to include a
notice that the tenant has a right to request more time (called a “stay of execution”). The court will
continue the case for up to 10 days after the execution of the warrant for the purpose of hearing
applications by the tenant for lawful relief.
Foreclosure
Recent changes to federal law have strengthened a tenant’s rights in foreclosure
proceedings. However, the federal law does not preempt any State or local law that provides
longer time periods or other additional protections for tenants in foreclosure proceedings.
Foreclosure alone is not grounds for eviction in New Jersey. In Chase Manhattan Bank v.
Josephson, 135 N.J. 209 (1994) the court held that when a lender or other buyer takes possession
of the property, the residential tenant comes with the property. Before a tenant can be evicted due
to foreclosure, the landlord must provide the tenant with a 90-day notice to quit when the
foreclosed property has been purchased by a buyer who wants to personally occupy it as his or her
primary residence. However, if a tenant has a lease agreement that goes beyond the 90 days the
landlord may not take action to evict the tenant until after the lease expires and the 90-day notice
to quit has been given. The 90-day notice may be given 90 days before the lease expires. Month-
to-month tenants and two- and three-family owner-occupied units are not exempt from the 90-day
notice requirements.
Any person acquiring a foreclosed property containing one or more residential rental units
must provide notices to the tenants in English and Spanish, within 10 business days after the sale,
letting tenants know that ownership has changed hands and that the tenants are not required to
move because of the foreclosure. In buildings with 10 or fewer dwelling units, the new owner
must make a good faith effort to obtain the names of all the tenants occupying the property.
Notices must be addressed to tenants by name, unless the new owner is unable to identify the tenant
by name, then the owner shall address the notice to “Tenant.” The notice must also be placed on
the front door of each tenant’s unit and sent to each tenant via certified and regular mail (N.J.S.A.
2A:50-69 et seq.).
43
In a residential property containing more than 10 dwelling units, the new owner must
provide notice to tenants occupying the property by conspicuously displaying a copy of the
“NOTICE TO TENANTS” in a prominent location, such as a common area of the building or other
structure on the property. If there is no common area, the notice must be posted in a conspicuous
location in each building, such as the walls of the front vestibule or any foyer or hallway near the
main entrance of the building (N.J.S.A. 2A:50-70(c)2).
Notice Requirements to Tenants Prior to the Transfer of Title Due to a Foreclosure Action
Any written or verbal communication, including a summons and complaint, an initial
written or verbal communication by a foreclosing creditor, or any communication written or verbal
that requests a tenant to vacate the property before the foreclosure or sale of the property, requires
the foreclosing creditor to give notice to the tenants as outlined in the New Jersey Court Rules,
entitled “Notice to Residential Tenants of Rights During Foreclosure,” (APPENDIX XII-K).
Notice Requirements to Tenants After the Transfer of Title Due to a Foreclosure Action
When making a bona fide monetary offer to induce tenants to move, the new owner must
provide a separate and different notice from the notice required to be given by a foreclosing
creditor. The new owner must provide a copy of the “NOTICE TO TENANTS” and give it with
the initial and final written or verbal offer to the tenant.
The foreclosing agency, including a bank, creditor, or a new landlord may make a written
bona fide (good faith) monetary offer requesting that the tenant vacate the property, without “good
cause.” An acceptance of the offer by the tenant must be in writing and include an
acknowledgement of the date of the receipt of the offer, and an understanding that the tenant had
a five-day review period to accept or reject the offer presented.
However, it is important to note that the acceptance of a bona fide monetary offer is
voluntary. The tenant shall not be pressured by anyone, including the person making the offer to
accept any offer to vacate the property. Pursuant to the New Jersey Foreclosure Fairness Act
(N.J.S.A. 2A:50-69 et seq.), pressure tactics include but are not limited to (N.J.S.A. 2A:50-71(b)):
1. Mischaracterizing or misrepresenting the rights of the tenant under the law;
2. Implying the tenant is obligated to accept the offer;
3. Implying that there will be consequences against the tenant for failing to accept the offer;
4. Harassment, including but not limited to discontinuance of utilities, failure to maintain
common areas or facilities, or any other failure to maintain the premises in a habitable
condition; and
5. An increase in rent in excess of any rent control or rent leveling ordinance, or if the property
is not subject to rent control, an unreasonable or unconscionable rent increase.
44
Senior Citizens and Disabled Tenants in Condominium or Cooperative Conversion
Senior Citizens and Disabled Protected Tenancy
The Senior Citizens and Disabled Protected Tenancy Act protects senior citizens who meet
certain eligibility requirements (N.J.S.A. 2A:18-61.22 to -61.39; N.J.A.C. 5:24-2.1 to -2.11). To
qualify, tenants must : (1) be at least 62 years of age before the date of the conversion recording
of the condominium or cooperative; or (2) be permanently disabled; or (3) be honorably
discharged from any military service under certain circumstances from any branch of the U.S.
Armed Forces and disabled at 60% or higher resulting from said service and, (4) live in a building
being converted to a condominium, cooperative; or fee simple ownership of units at least one (1)
year prior to the conversion recording date. Tenants may be protected from eviction for 40 years
if their family income is not more than three (3) times the average per person income in their
county or $50,000.00, whichever is greater (N.J.S.A. 2A:18-61.28). The date the conversion is
recorded is the date on which a master deed or deed to a cooperative corporation, or a subdivision
deed or map legally establishing separate lots, is filed. The landlord or converter is required to
notify all tenants of their right to file for protected tenancy if they may be eligible. Generally,
applications for protected tenancy must be filed with the designated municipal official or the
administrative agent within 60 days, although later filings may be accepted if there is good reason
for the late filing and the conversion has not yet taken place. Tenants in Hudson County (N.J.S.A.
2A:18-61.40 to -61.59; N.J.A.C. 5:24-3.1 to -3.4) may be eligible for additional protected tenancy
established under the Tenant Protection Act of 1992. For copies of the law, regulations or forms,
landlords or converters, tenants, and local officials may visit our website at:
www.nj.gov/dca/divisions/codes/offices/landlord_tenant_information.html.
For help in filling out the forms, a tenant should contact the appropriate municipal administrative
agent who sent the forms to him or her.
Tenant Protection Act of 1992
The Tenant Protection Law of 1992 amendment extends protections to qualified tenants in
qualified counties in buildings converted or being converted who were not eligible for Protected
Tenancy as either Senior Citizens or Disabled Persons under the “Senior Citizens and Disabled
Protected Tenancy Act of 1981” (N.J.S.A. 2A:18-61.40 to -61.59; N.J.A.C. 5:24-3.1 to -3.4). At
the present time, the only qualified county is Hudson County (N.J.A.C. 5:24-3.2(b)). Tenants in
Hudson County with questions or in need of assistance in filling out the required forms should
contact the Administrative Agent of their municipality.
Disclosure Statement to Senior Citizen Housing Residents
Every landlord of a senior citizen housing project and every landlord of a unit within a
senior citizen housing project that is a planned unit development, shall, upon signing or renewal
of a lease, give a copy of the Truth-In-Renting Statement and the Landlord Identity Statement, as
well as a Statement that sets forth the telephone numbers of the State and local offices for the
municipality designated to receive reports of housing emergencies and complaints. If the project
is organized or operated as a planned real estate development, the governing board or body must
provide copies of the Public Offering Statement registered with the New Jersey Department of
45
Community Affairs, along with a copy of the current bylaws. The tenant must sign a receipt for
these Statements and documents. The Statements and documents must be posted in one (1) or more
locations accessible to the tenants (N.J.S.A. 2A:42-113).
46
New Jersey Judiciary Ombudsman Offices
HTTPS://WWW.NJCOURTS.GOV/PUBLIC/OMBUDS.HTML
The Ombudsman provides assistance to citizens. The services include helping parties who do not have
attorneys, by explaining court procedures, programs and service; confidentially receiving and documenting complaints
from the public related to misunderstandings, conflicts, mistreatment or discrimination in the courthouse; and acting
as a mediator to resolve conflicts between the public and the courts.
The Ombudsman also serves as a point of contact to citizens who may need assistance in coordinating
multiple court services during their visit to the courthouse, makes referrals to other agencies of government, takes
customer suggestions, and develops court tours and outreach programs.
VICINAGE
OMBUDSMAN
TELEPHONE NUMBERS
AOC Probation Services
Maurice Hart
609-815-3810 ext. 16314
Atlantic/Cape May
Ellen Procida-Fisher
609-402-0100 ext. 47230
Bergen
Kelly Gibson
201-221-0700 ext. 25103
Burlington
Heshim J. Thomas
609-288-9500 ext. 38118
Camden
Vannessa A. Ravenelle
856-650-9100 ext. 43090
Cumberland/Gloucester/Salem
Vanessa Cardwell
856-878-5050 ext. 15159
Essex
Sarah Hatcher
973-776-9300 ext. 56886
Hudson
Pauline D. Daniels
201-748-4400 ext. 60145
Mercer
Audrey Jones-Butler
609-571-4200 ext. 74205
Middlesex
Luis Hernandez
732-645-4300 ext. 88748
Monmouth
Rebekah Heilman
732-358-8700 ext. 87260
Morris/Sussex
Jennifer V. Shultis
862-397-5700 ext. 75160
Ocean
James Castaneda
732-504-0700 ext. 64470
Passaic
June Zieder
973-653-2910 ext. 24032
Somerset/Hunterdon/Warren
Elizabeth Raimondo
908-332-7700 ext. 13240
Superior Court Clerk’s Office
Sven Pfahlert
609-815-2900 ext. 52757
Union
David Beverly
908-787-1650 ext. 21028
Anti-Discrimination Offices
STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CIVIL RIGHTS
HTTPS://WWW.NJ.GOV/OAG/DCR/LOCALCONTACT.HTML
CENTRAL REGIONAL OFFICE
140 EAST FRONT STREET, 6TH FLOOR
PO BOX 090
TRENTON, NJ 08625
TELEPHONE: 609-292-4605
NORTHERN REGIONAL OFFICE
31 CLINTON STREET, 3RD FLOOR
NEWARK, NEW JERSEY 07102
TELEPHONE: 973-648-2700
SOUTHERN REGIONAL OFFICE
5 EXECUTIVE CAMPUS, SUITE 107
CHERRY HILL, NJ 08034
TELEPHONE: 856-486-4080
SOUTH SHORE REGIONAL OFFICE
1325 BOARDWALK, 1
ST
FLOOR
TENNESSEE AVE & BOARDWALK
ATLANTIC CITY, NJ 08401
TELEPHONE: 609-441-3100
47
New Jersey’s Legal Services Programs
LEGAL SERVICES OF NEW JERSEY
PO BOX 1357
EDISON, NJ 08818-1357
(732) 572-9100
WWW.LSNJ.ORG/DIRECTORY.HTM
ATLANTIC COUNTY
SOUTH JERSEY LEGAL SERVICES
1300 ATLANTIC AVENUE, MEZZANINE FLOOR
ATLANTIC CITY, NJ 08401
(609) 348-4200
BERGEN COUNTY
NORTHEAST NEW JERSEY LEGAL SERVICES
190 MOORE STREET, 1
ST
FLOOR
HACKENSACK, NEW JERSEY 07601
(201) 487-2166
BURLINGTON COUNTY
SOUTH JERSEY LEGAL SERVICES
107 HIGH STREET
MOUNT HOLLY, NJ 08060
(609) 261-1088
CAMDEN COUNTY
SOUTH JERSEY LEGAL SERVICES
745 MARKET STREET
CAMDEN, NJ 08102
1(800) 496-4570
(856) 964-2010
CAPE MAY COUNTY
SOUTH JERSEY LEGAL SERVICES
1261 ROUTE 9 SOUTH
CAPE MAY COURT HOUSE, NJ 08210
(609) 465-3001
CUMBERLAND COUNTY
SOUTH JERSEY LEGAL SERVICES
415 W. LANDIS AVENUE, 2
ND
FLOOR
VINELAND, NJ 08360
(856) 691-0494
ESSEX COUNTY
ESSEX-NEWARK LEGAL SERVICES
5 COMMERCE STREET, 2
ND
FLOOR
NEWARK, NJ 07102
(973) 624-4500
GLOUCESTER COUNTY
SOUTH JERSEY LEGAL SERVICES
47 NEWTON AVENUE
WOODBURY, NJ 08096
(856) 848-5360
HUDSON COUNTY
NORTHEAST NEW JERSEY LEGAL SERVICES
574 SUMMIT AVENUE, 2
ND
FLOOR
JERSEY CITY, NJ 07306
(201) 792-6363
HUNTERDON COUNTY
LEGAL SERVICES OF NORTHWEST JERSEY
82 PARK AVENUE
FLEMINGTON, NJ 08822
(908) 782-7979
MERCER COUNTY
CENTRAL JERSEY LEGAL SERVICES
198 WEST STATE STREET
TRENTON, NJ 08608
(609) 695-6249
MIDDLESEX COUNTY
CENTRAL JERSEY LEGAL SERVICES
317 GEORGE STREET, SUITE 201
NEW BRUNSWICK, NJ 08901
(732) 249-7600
313 STATE STREET, SUITE 308
PERTH AMBOY, NJ 08861
(732) 324-1613
48
MONMOUTH COUNTY
SOUTH JERSEY LEGAL SERVICES
303 WEST MAIN STREET, 3
RD
FLOOR
FREEHOLD, NJ 07728
(732) 414-6750
MORRIS COUNTY
LEGAL SERVICES OF NORTHWEST JERSEY
30 SCHUYLER PLACE, 2
ND
FLOOR
MORRISTOWN, NJ 07963
(973) 285-6911
OCEAN COUNTY
SOUTH JERSEY LEGAL SERVICES
215 MAIN STREET
TOMS RIVER, NJ 08753
(732) 608-7794
PASSAIC COUNTY
NORTHEAST NEW JERSEY LEGAL SERVICES
152 MARKET STREET, 6
TH
FLOOR
PATERSON, NJ 07505
(973) 523-2900
SALEM COUNTY
SOUTH JERSEY LEGAL SERVICES
415 W. LANDIS AVENUE, 2
ND
FLOOR
VINELAND, NJ 08360
(856) 691-0494
SOMERSET COUNTY
LEGAL SERVICES OF NORTHWEST JERSEY
90 EAST MAIN STREET, 3
RD
FLOOR
SOMERVILLE, NJ 08876
(908) 231-0840
SUSSEX COUNTY
LEGAL SERVICES OF NORTHWEST JERSEY
18 CHURCH STREET, SUITE 120
NEWTON, NJ 07860
(973) 383-7400
UNION COUNTY
CENTRAL JERSEY LEGAL SERVICES
60 PRINCE STREET
ELIZABETH, NJ 07208
(908) 354-4340
WARREN COUNTY
LEGAL SERVICES OF NORTHWEST JERSEY
91 FRONT STREET
BELVIDERE, NJ 07823
(908) 475-2010
Additional Agencies and Organizations
The following is a list of public agencies and private organizations that offer informational
services to landlords and/or tenants. It is provided solely for reference purposes and no
endorsement is expressed or implied. Organizations interested in being included may contact the
Department. The Department reserves the right to determine which organizations or agencies will
be included.
If you are a tenant and need information, contact:
New Jersey Tenants Organization
96 Linwood Plaza #233
Fort Lee, NJ 07024
201-342-3775
https://www.njto.org
49
If you are a landlord or tenant and need assistance, contact:
NJ Apartment Association
104 Interchange Plaza, Suite 201
Monroe Twp., NJ 08831
(732) 992-0600
https://njaa.com/
Information for landlords (costs for service), contact:
Property Owners Association (POA)
1072 Madison Avenue
Lakewood, NJ 08701
(732) 780-1966 Fax (732) 780-1611
https://www.poanj.org
For persons owning a mobile home trailer and renting the land in a mobile home park, contact:
Manufactured Home Owners Association of New Jersey, Inc.
P.O. Box 104
Jackson, NJ 08527
(732) 534-0085
https://www.mhoanj.org
For owners of mobile home parks and landlords of rented trailers, contact:
New Jersey Manufactured Housing Association
2741 Nottingham Way
Trenton, NJ 08619
(609) 588-9040
https://njmha.org
For questions concerning mobile home construction, contact:
NJ Department of Community Affairs
Office of Code Services, Industrialized Buildings Unit
Post Office Box 816
50
Trenton, NJ 08625-0816
(609) 984-7974
For mobile home parks designating themselves as adult parks only, contact:
Office of Fair Housing & Equal Opportunities
New York/New Jersey Regional Office
26 Federal Plaza, Room 3532
New York, NY 10278-0068
(212) 542-7519 or 1(800) 496-4294 TTY (212) 264-0927
For additional questions on mobile homes, contact a private attorney of your choice. For a referral
to an attorney, contact your County Bar Association listed in your telephone directory or the Legal
Services office in your county.
If you are being faced with an eviction action or condominium conversion, you may obtain
information concerning the rights you possess under these circumstances by viewing the Eviction
Law from:
https://www.state.nj.us/dca/divisions/codes/offices/landlord_tenant_information.html
If Spanish is your primary language and you need assistance, please contact the Center for Hispanic
Policy, Research and Development (CHPRD). The CHPRD can provide a list of local resources
available to the Hispanic Community. For additional information, the CHPRD can be contacted
at:
Center for Hispanic Policy, Research and Development
PO Box 301
Trenton, NJ 08625-0301
(609) 943-4990
https://nj.gov/state/chprd.shtml
For information on housing codes and maintenance requirements for multiple dwellings
(apartment buildings with 3 or more dwelling units) or to obtain a copy of the regulations for the
maintenance of hotels and multiple dwellings you may write or call:
Department of Community Affairs
Bureau of Housing Inspection
P.O. Box 810
Trenton, NJ 08625-0810,
(609) 633-6210
51
If you are a tenant living in public housing subsidized by HUD and you would like to file a
complaint regarding maintenance, discrimination, illegal practice or other resident concerns you
may contact:
U.S. Department of Housing and Urban Development
One Newark Center
1085 Raymond Blvd., 13
th
Floor
Newark, New Jersey 07102-5260
(973) 622-7900
Multifamily Housing Complaint Line 1(800) 685-8470, TTY 1(800) 432-2209
