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New
Jersey Landlord Registration Act - New Jersey Landlord Identity Law N.J.S.A. 46:8-27
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The law requires landlords who rent (NON-OWNER
OCCUPIED) houses,
apartments, or buildings to register certain
information with the clerk of the city or town
where the building is located. If your building
contains three or more apartments, the
landlord also must register with:
New Jersey Department
of Community Affairs
Bureau of Housing Inspection
PO Box 810
Trenton, New Jersey 08625-0810 |
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By law, every landlord of a
dwelling, except owner-occupied premises with not
more than two rental units, must file with
the clerk of the municipality in which the
residential property is situated, or with the
Bureau of Housing Inspection in the Department of
Community Affairs, a certificate of registration.
N.J.S.A. 46:8-28 |
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The certificate must contain the
following information:
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the name and address of the record owners.
If such owners are a partnership, the name of
all general partners. If such owners are a
corporation, the name and address of the
registered agent and corporate officers;
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if the address of any record owner is not
located in the county in which the premises is
located, the name and address of a person who
resides in the county in which the premises
are located and is authorized to accept
notices from a tenant and to issue receipt
therefore and to accept service of process on
behalf of the record owner;
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the name and address of the managing agent
of the premises;
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the name and addresses, including the
dwelling unit, apartment or room number of the
superintendent, janitor, custodian or other
individual employed by the record owner to
provide regular maintenance service;
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the name, address and telephone number of an
individual representative of the record owner
or managing agent who may be reached or
contacted at any time in the event of an
emergency; and
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the name and address of every holder of a
recorded mortgage on the premises.
The landlord must display
this information at the property in a place where
tenants can see it, and the landlord must give
this information in writing to each tenant. Cite:
N.J.S.A. 46:8-28 and 29.
In addition to the filing of the
registration statement, landlords are required to
provide each tenant with a copy of the
registration certificate.
IF YOU FAIL TO REGISTER
YOUR BUILDING OR RENTAL
LANDLORDS
TAKE NOTE!
The registration law may prevent a
landlord from evicting the tenant if
the building is not properly registered.
If your landlord has not registered the
property or has not given you a copy of the
registration, the court cannot enter a judgment to
evict you in favor of the landlord. In most
eviction cases where a landlord has not
registered, the judge will postpone hearing the
case to give the landlord time to register. Once
the landlord registers, the court can then hear
the case and enter a judgment for eviction. The
postponement can give you extra time to move or to
obtain the rent you may owe. Some judges do not
follow this procedure and will enter a judgment
anyway, if the landlord agrees to register the
property later. This practice is clearly wrong. Cite:
N.J.S.A. 46:8-33 and Iuso v. Capehart,
140 N.J. Super. 209 (App. Div. 1976).
If your landlord is not registered, you can
file a complaint in Superior Court or municipal
court. A landlord can be fined up to $500 for
failing to register. Cite: N.J.S.A.
46:8-35
If
there is any change in any of this information, a landlord
must file an amended registration with the Bureau of Housing
Inspection or, in the case of a one-or two- family dwelling,
with the clerk of the municipality, within 20 days, correct
with the information posted in the building and notify
each tenant in writing 7 days after filing. No fee is
charged by the Bureau for the filing of amended registration
statement
In court, a judgment for possession cannot be
entered if the landlord has not complied with this
registration requirement. Non-receipt of the
statement is almost a standard defense by tenants
who are represented by competent counsel to avoid
an immediate judgment of possession. The court has
the authority to stay the proceedings for 90 days
to allow the landlord to come into compliance. If
the landlord has not come into compliance within
this 90 day period, the landlord's action for
possession will be dismissed.
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