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N.J. DCA Landlord/Tenant Information Series — Attorney's Packet, Law & Regulations

Citation
N.J. DCA Landlord/Tenant Information Series — Attorney's Packet, Law & Regulations
Jurisdiction
New Jersey (state)
Source
Official source

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❑ During the 3-year notice period (or up to 8 years in the case of 5 one-year stays of
evictions) rent increases cannot be unreasonable. If the property was regulated by
the municipal rent control or rent leveling board prior to conversion, after
conversion rent increases should remain in line with the limits set by the rent
control ordinance. N.J.A.C. 5:24-1.12.
 T-1

❑ After the 3-year notice period, the landlord may file for an eviction, however, if
the tenant remains in possession and the landlord accepts the rent, the landlord
may not rely upon the conversion as a ground for eviction. Fairken Assoc. v.
Hutchen, 223 N.J.Super. 274 (1987)

❑ Pre-Conversion tenants who are evicted because the unit is being converted to a
condo are entitled to moving expenses, a waiver of one month’s rent. N.J.S.A.
2A:18-61.10.

❑ Qualifying senior citizens and disabled citizens may receive protected tenancy.
The landlord must provide the Administrative Agent with a list of tenants for the
property being converted. The Administrative Agent will then, based on the list
send out applications for protected tenancy to all of the tenants in the building.
Tenants who want to apply for protected tenancy must complete the application
and return it to the Administrative Agent. The Administrative Agent works for the
city or town, in which the property is located. If the tenant is approved for
protected tenancy status, the landlord could not evict the tenant for up to 40 years,
as long as the tenant continues to qualify for the protected tenancy. N.J.S.A.
2A:18-61.22 – 61.39.

The administrative agent provides the final determination of protected tenancy
status. The tenant is responsible for keeping a copy of his or her protected tenancy
determination in case of future questions.