Title 46, Title 46: PROPERTY

46:8-45 Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units. 3. a. The department shall, as soon as practicable and annually thereafter, after public hearing, prepare and make available at no cost to the public, to the extent that fund…

46:8-46. Statement; distribution and posting by landlords Every landlord shall distribute one copy of the statement prepared and made available pursuant to the provisions of this act to each of their tenants within 30 days after it has been made available by the department and sh…

46:8-47. Violations of act; penalty 5. Any landlord who violates any provision of this act, contrary to the legal rights of tenants, shall be liable to a penalty of not more than $100.00 for each offense. Such penalty shall be collected and enforced by summary proceedings pursuan…

46:8-48. Offer of or entry into lease in violation of rights of tenants; termination of lease; exception No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes a lease provision which violate…

46:8-49. Waiver of right to receive or refusal to accept statement; effect No waiver or refusal by a tenant of his right to receive a copy of the statement as provided herein shall alter the responsibilities of the landlord under any provision of this act. L.1975, c. 310, s. 7.

46:8-49.1 Landlord prohibited from requiring electronic payments from tenants. 2. No landlord shall require a tenant or prospective tenant to remit any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement by means of electronic funds transfe…

46:8-49.2 Receipt required. 3. a. A landlord shall provide a receipt, either printed or emailed, to a tenant for each cash payment made to the landlord for any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement. The receipt shall accuratel…

46:8-49.3 Acceptance by landlord of rent payment during three-day period. 2. a. A landlord shall accept a rent payment made within the three business day period established by subsection a. of section 1 of P.L.2019, c.316 (C.2A:42-10.16a), whether made by cash, certified check, o…

46:8-5. Judicial sale of leased interests The estate of any lessee of real estate, or of any estate or interest therein, for life or for a term not less than two years, the lease whereof shall have been recorded in the manner prescribed by law, shall be liable to sale under a jud…

46:8-50. Notification, tenants, flood zone 1. a. Every landlord shall notify each of the landlord's tenants prior to lease signing or renewal, whether a property is located in the FEMA Special Flood Hazard Area ("100-year floodplain") or Moderate Risk Flood Hazard Area ("500-year…

46:8-51 Military, veteran housing allowance counted as income; definitions. 1. a. A landlord, or any agent thereof, shall count a military or veteran housing allowance, supported by United States Department of Veterans Affairs documentation, as income for purposes of determining …

46:8-52 Short title. 1. This act shall be known and may be cited as the "Fair Chance in Housing Act." L.2021, c.110, s.1.

46:8-53 Findings, declarations regarding housing to those with criminal records. 2. The Legislature finds and declares that: a. Recent research indicates that New Jersey suffers from a tragically high 36-month recidivism rate of over 30 percent; b. Housing instability appears to …

46:8-54 Definitions relative to housing to those with criminal records. 3. As used in this act: "Applicant" means any person considered for, who requests to be considered for, or who requests to be considered for tenancy within a rental dwelling unit. "Conditional offer" means an…

46:8-55 Application process. 4. a. (1) A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to the provision of a conditional offer, except that a housing provider may cons…

46:8-56 Housing provider's consideration of applicant's record. 5. a. A housing provider shall not, either before or after the issuance of a conditional offer, evaluate an applicant based on any of the following types of criminal records: (1) arrests or charges that have not resu…

46:8-57 Director preparation of model documents. 6. a. The director shall prepare: (1) a model disclosure statement as indicated in subsection b. of section 4 of this act which provides notice that a housing provider intends to review and consider a person's criminal record in de…

46:8-58 Discriminatory advertisement by house provider, prohibited. 7. a. A housing provider shall not knowingly or purposefully publish, or cause to be published, any housing advertisement that explicitly provides that the housing provider will not consider any applicant who has…

46:8-59 Immunity. 8. a. To encourage residential landlords to provide housing opportunities to formerly incarcerated individuals, landlords subject to the provisions of this act shall be immune from liability in any civil action arising as a result of the landlord's decision to r…

46:8-6. Injuries by fire to buildings on leased premises; repair by landlord Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible. In default of such rep…

46:8-60 Drug, alcohol test, drug abuse treatment information; requirement by housing provider, prohibited. 9. A housing provider shall not require an applicant to submit to a drug or alcohol test, or request the applicant's consent to obtain information from a drug abuse treatmen…

46:8-61 Unlawful acts by housing provider. 10. A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act. If the division determines that a housing provider has engaged in one or more unlawful actions agai…

46:8-62 Complaint data maintenance. 11. The division shall maintain data on the number of complaints filed pursuant to this act, demographic information on the complainants, the identity of the housing providers, the number of investigations conducted, and the disposition of ever…

46:8-63 Complaints, actions sought against housing provider. 12. a. An action that alleges a violation of this act shall not be initiated by any person in court. The director, or an applicant or prospective applicant who believes that a housing provider has violated a provision o…

46:8-64 Rules, regulations. 13. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the director shall adopt the rules and regulations necessary to effectuate the purposes of this act on or before the first day of the fifth month next foll…

46:8-7. Buildings on leased premises totally destroyed by fire or otherwise; lease terminated Whenever any building or buildings erected on leased premises shall be totally destroyed by fire or otherwise, without the fault of the lessee, the rent shall be paid up to the time of s…

46:8-8. Forfeiture of lease of premises used for prostitution or assignation If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the lease or agreement for letting the same shall thereupon bec…

46:8-9. Three months' notice to tenant to quit sufficient In all cases where a tenant is or may be entitled by law to notice to quit the leased premises, in order to determine his tenancy, three months' notice in writing to quit shall be deemed and taken to be sufficient.

46:8-9.1. Termination on death Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for himself, or for himself and his family, may be terminated prior to the expiration date there…

46:8-9.10 Existing lease agreements unaffected. 7. Nothing in P.L.2008, c.111 (C.46:8-9.4 et al.) shall operate to alter, limit or impair the terms of lease agreements existing at the time of the adoption of P.L.2008, c.111 (C.46:8-9.4 et al.). L.2008, c.111, s.7.

46:8-9.11 Disclosure of certain information by landlord prohibited; exceptions. 8. A landlord shall not disclose information documenting domestic violence that has been provided to the landlord by a victim of domestic violence pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6)…

46:8-9.12 Inapplicability of act to seasonal use, rental. 10. The provisions of P.L.2008, c.111 (C.46:8-9.4 et al.) shall not apply to any lease for the seasonal use or rental of real property. For purposes of this paragraph "seasonal use or rental" means use or rental for a term…

46:8-9.13 Findings, declarations. 1. The Legislature finds and declares that: a. Despite the current statutory protections available to a victim of domestic violence in New Jersey, including but not limited to the issuance of temporary or permanent restraining orders, many victim…

46:8-9.14 Lock changes, dwelling unit, domestic violence victim, landlord, temporary, permanent restraining order, notification. 2. a. A court that issues a temporary restraining order pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) or permanent restraining order pursuant …

46:8-9.2 Termination of certain residential leases due to disability. 5. A lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for the lessee, or the lessee and the lessee's family, m…

46:8-9.3. Rules, regulations The Director of the Division of Housing in the Department of Community Affairs shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the purposes of thi…

46:8-9.4 Short title. 1. Sections 1 through 8 and 10 of P.L.2008, c.111 (C.46:8-9.4 et seq.) shall be known and may be cited as the "New Jersey Safe Housing Act." L.2008, c.111, s.1.

46:8-9.5 Findings, declarations relative to termination of lease agreements by domestic violence victims. 2. The Legislature finds and declares: a. Domestic violence is a serious crime that materially affects the health and safety of numerous New Jersey tenants and there are thou…

46:8-9.6 Requirements for termination of lease. 3. The tenant may terminate any lease of a residential property that has been leased and used by the tenant solely for the purpose of providing a dwelling place for the tenant, or for the tenant's family, prior to the expiration dat…

46:8-9.7 Effective date of lease termination, conditions affecting co-tenants. 4. a. Lease terminations pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6) shall take effect on the thirtieth day following receipt by the landlord of notice complying with section 3 of P.L.2008, c…

46:8-9.8 Notice relative to public housing leases. 5. Where the leased premises are under the control of a public housing authority or redevelopment agency, the victim of domestic violence shall give notice in accordance with any relevant regulations pertaining to public housing …

46:8-9.9 Waiving of rights, remedies prohibited. 6. The parties to a lease agreement creating a tenancy in residential rental property may not agree to waive any rights or remedies arising under P.L.2008, c.111 (C.46:8-9.4 et al.). L.2008, c.111, s.6.

46:8A-1. Short title This act shall be known and may be cited as the "Horizontal Property Act." L.1963, c. 168, s. 1.

46:8A-10. Plans to be attached to master deed There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of the building, which copy of plans shall be entered of record along with the master deed. Said plans shall show graph…

46:8A-11. Description of individual apartments Each apartment in a building shall be designated, on the plans referred to in section 10 of this act, by letter or number or other appropriate designation and any conveyance, or other instrument affecting title to said apartment, whi…

46:8A-12. Waiver of regime Two-thirds of the coowners or the sole owner of property constituted into a horizontal property regime may waive this regime and regroup or merge the records of the individual apartments with the principal property, provided, that the individual apartme…