N.J. DCA Landlord/Tenant Information Series — Eviction Law

Citation
N.J. DCA Landlord/Tenant Information Series — Eviction Law
Jurisdiction
New Jersey (state)
Source
Official source
Original Source
https://www.nj.gov/dca/codes/publications/pdf_lti/evic_law.pdf ↗

Related Parts of This Source

Full Text

1,353 chars 
2A:18-61.1b. Permanent retirement from residential use

If an owner seeks an eviction alleging permanent retirement of the premises from residential use pursuant to
subsection h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) and if, pursuant to land use law, nonresidential use of the
premises is not permitted as a principal permitted use or is limited to accessory, conditional or public use, a rebuttal
presumption is created that the premises are not and will not be permanently retired from residential use. Residential
premises that are unoccupied, boarded up or otherwise out of service shall not be deemed retired from residential use
unless they are converted to a principal permitted nonresidential use. No tenant shall be evicted pursuant to
subsection h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) if any State or local permit or approval required by law for
the nonresidential use is not obtained. Nothing contained in this section shall be deemed to require obtaining a
certificate of occupancy for the proposed use prior to an eviction. The detail specified in notice given pursuant to

12
subsection d. of section 3 of P.L. 1974, c. 49 (C. 2A:18-61.2) shall disclose the proposed nonresidential use to which
the premises are to be permanently retired.
L. 1986, c. 138, s. 2, eff. Oct. 29, 1986.

2A:18-61.1c. 5 year restriction