reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:7-8 - Grants, conveyances or devises to or in trust for associations not for profit prior to incorporation thereof

46:7-8. Grants, conveyances or devises to or in trust for associations not for profit prior to incorporation thereof
Whenever real estate has been, prior to March thirtieth, one thousand nine hundred and thirty-one, granted, conveyed or devised to associations not for pecuniary profit or to any person or persons as officers, trustees or otherwise on behalf of or in the interest of any such association, upon condition that such real estate so granted, conveyed or devised shall be held in trust for specific uses and purposes, or the rents, issues and profits thereof be appropriated to specific uses and purposes, and such associations, or the persons acting in behalf thereof, were not, at the time of making such grant, conveyance or devise, an incorporated body, but shall have subsequently become an incorporated body in the manner provided by "An act to incorporate associations not for profit" approved April twenty-first, one thousand eight hundred and ninety-eight, and the acts amendatory thereof and supplementary thereto, the title to the real estate so granted, conveyed or devised as aforesaid, shall vest in the incorporated association as effectually as if it had been incorporated at the time of such grant, conveyance or devise, and such grant, conveyance or devise had been made directly to the incorporated association, and the incorporated association shall have the same right to convey such real estate as the unincorporated association, or the person or persons to whom such grant, conveyance or devise was made as officers or otherwise on behalf of or in the interest of such unincorporated association, and any deed made by such incorporated association, its trustees or officers, shall be valid and effectual in law.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:7-9 - Incorporation, powers, etc., of land improvement companies

46:7-9. Incorporation, powers, etc., of land improvement companies
Rev.1877, pp. 567 to 569, s.s. 1 to 16 (C.S. pp. 3053 to 3056, s.s. 1 to 16), being an act entitled "An act to encourage the improvement of real property in this state" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, together with the supplements thereto, approved April ninth, one thousand eight hundred and seventy-five (Rev.1877, p. 569, s. 17; C.S. p. 3056, s. 17), April thirteenth, one thousand eight hundred and seventy-six (Rev.1877, p. 1350, s. 1; C.S. p. 3055, s. 12a), February tenth, one thousand eight hundred and eighty (L.1880, c. 14, p. 25; C.S. p. 3056, s. 18); and Rev.1877, pp. 1350, 1351, s.s. 2, 3 (C.S. p. 3056, s.s. 19, 20), being an act entitled "An act to encourage land improvement companies organized under special laws of this state," approved March ninth, one thousand eight hundred and seventy-seven; and L.1880, c. 126, p. 167 (C.S. p. 3057, s. 21), entitled "An act to enable the corporators of land companies that have not organized under their charters to change the titles of said companies," approved March tenth, one thousand eight hundred and eighty, saved from repeal. [Provides for incorporation, powers, officers, stock, investments and certain changes of land improvement companies and also certain powers granted to specially organized land improvement companies.]
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-1 - Attornments by tenant to strangers to title; effect

46:8-1. Attornments by tenant to strangers to title; effect
Every attornment by a tenant of real estate to a stranger to the title to the leased real estate shall be absolutely null and void, to all intents and purposes whatsoever, and the possession of the landlord or lessor shall not, by any such attornment, be in any way changed, altered or affected. This section shall have no application to an attornment made pursuant to or in consequence of a judgment at law or a decree or order of a court of equity, or to an attornment made with the privity and consent of the landlord or lessor, or to an attornment to a mortgagee after the mortgage has become forfeited.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-2 - Grantees or assignees of leased real estate or reversions thereof; rights same as those of original lessors

46:8-2. Grantees or assignees of leased real estate or reversions thereof; rights same as those of original lessors
From and after November tenth, one thousand seven hundred and ninety-seven, all persons and bodies politic and corporate, being grantees or assignees of any real estate, let to lease, or of the reversions thereof from any person, and the heirs, executors, administrators, successors and assigns of such grantees or assignees, shall have and enjoy the like advantages against the lessees, their executors, administrators and assigns, by entry for nonpayment of rent, or for waste, or other forfeitures; and also shall have and enjoy all the covenants, conditions and agreements contained in their leases, demises or grants, against the lessees, their executors, administrators and assigns, as the lessors themselves, or their heirs, ought or might have had or enjoyed at any time.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-3 - Lessees of real estate; rights against grantees of reversion

46:8-3. Lessees of real estate; rights against grantees of reversion
From and after November tenth, one thousand seven hundred and ninety-seven, all lessees of real estate for a term of years, life or lives, their executors, administrators or assigns, shall have the like action and advantage against all persons and bodies politic and corporate, their heirs, successors and assigns, who have or shall have any gift or grant of the reversions of such real estate so let, or any part thereof, for any condition, covenant or agreement contained in their leases, as the same lessees, or any of them, ought or might have had against such lessors, and their heirs, excepting the right to recover upon any warranty of title, by deed or implied by law.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-4 - Original lease surrendered and new lease made; rights and duties under new lease

46:8-4. Original lease surrendered and new lease made; rights and duties under new lease
Whenever a lease shall be duly surrendered in order to secure a renewal thereof, a new lease made and executed by the chief landlord, shall, without the surrender of all or any of the under leases, be as good and valid, to all intents and purposes, as if all of the under leases had been surrendered at or before the taking of the renewal lease. Every person, in whom any estate for life or lives or for years shall, from time to time, be vested by virtue of such renewal lease, and his executors and administrators, shall be entitled to the rents, covenants and duties, and have like remedy for the recovery thereof, and the underlessees shall hold and enjoy the premises comprised in their under leases, as if the original lease, under and by virtue of which the under leases exist, had not been surrendered. The chief landlord shall have and be entitled to the same remedy by distress or entry upon the premises comprised in any such under lease, for the rents and duties reserved by the renewal lease, to the extent that the same do not exceed the rents and duties reserved in the original lease, as he would have had if the original lease had not been surrendered, or as he would have had if the under leases had been renewed under the renewal lease.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-5 - Judicial sale of leased interests

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 judgment or decree, in like manner only as estates of freehold are liable to be sold thereunder.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-6 - Injuries by fire to buildings on leased premises; repair by landlord

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 repair the rent shall cease until such time as the building or buildings shall be put in complete repair. This section shall not extend or apply to cases wherein the parties have otherwise stipulated in their agreement of lease.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-7 - Buildings on leased premises totally destroyed by fire or otherwise; lease terminated

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 such destruction, and then, and from thenceforth, the lease shall cease and come to an end. This section shall not extend or apply to cases wherein the parties have otherwise stipulated in their agreement of lease.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-8 - Forfeiture of lease of premises used for prostitution or assignation

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 become immediately void, and the landlord may enter thereon, and shall have the same remedies to recover possession as are given by law when a tenant holds over after the expiration of his lease.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.1 - Termination on death

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 thereof, in the event of the death of such lessee or in the event of the death of such lessee or his spouse, as the case may be, upon notice duly given by such lessee or by the executor or administrator of his estate or by the surviving spouse in the event that such lease was executed jointly by husband and wife. Such termination shall take effect on the fortieth day following the receipt by the lessor of written notice thereof, and the rent shall be paid up to the time of such termination, whereupon the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor at least five working days prior to the fortieth day following receipt by the lessor of written notice. The provisions of this act shall not apply to any lease the terms whereof shall explicitly provide otherwise.
L. 1971, c. 318, s. 1. Amended by L. 1971, c. 445, s. 1, eff. Feb. 15, 1972; L. 1985, c. 317, s. 2, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.3 - Rules, regulations

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 this act.
L. 1985, c. 317, s. 6, eff. Aug. 28, 1985.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.4 - Short title.

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.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.5 - Findings, declarations relative to termination of lease agreements by domestic violence victims.

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 thousands of persons in this State who are regularly beaten, tortured, sexually assaulted and, in some cases, killed by their spouses or cohabitants;
b. The inability to terminate a lease and its corresponding financial obligations may prevent domestic violence victims from leaving abusive relationships and seeking help;
c. Domestic violence victims require an efficient method of terminating their lease obligations to escape abuse without that damaging their credit and rental history and, consequently, their ability to secure other safe housing; and
d. The assistance and cooperation of the entire community, including landlords, neighbors, and employers, is necessary to reduce the incidence of domestic violence in our State.
L.2008, c.111, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.6 - Requirements for termination of lease.

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 date thereof, if the tenant fulfills all requirements and procedures as established by P.L.2008, c.111 (C.46:8-9.4 et al.) and provides the landlord with:
a. written notice that the tenant or a child of the tenant faces an imminent threat of serious physical harm from another named person if the tenant remains on the leased premises; and
b. any of the following:
(1) a certified copy of a permanent restraining order issued by a court pursuant to section 13 of "The Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-29), and protecting the tenant from the person named in the written notice;
(2) a certified copy of a permanent restraining order from another jurisdiction, issued pursuant to the jurisdiction's laws concerning domestic violence, and protecting the tenant from the person named in the written notice;
(3) 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;
(4) medical documentation of the domestic violence provided by a health care provider;
(5) 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
(6) 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.
L.2008, c.111, s.3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.7 - Effective date of lease termination, conditions affecting co-tenants.

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.111 (C.46:8-9.6), unless the landlord and tenant agree on an earlier termination date. The rent shall be paid, pro rata, up to the time a lease terminates pursuant to this section.
b. A lease terminates under section 3 of P.L.2008, c.111 (C.46:8-9.6) only if the victim of domestic violence acts in good faith and fulfills all requirements and procedures as established by section 3 of P.L.2008, c.111 (C.46:8-9.6) in terminating the lease.
c. If there are tenants on the lease other than the tenant who has given notice of termination as described in section 3 of P.L.2008, c.111 (C.46:8-9.6), those co-tenants' lease also terminates, notwithstanding any provisions in section 2 of P.L.1974, c.49 (C.2A:18-61.1) requiring certain grounds for eviction to the contrary. The co-tenants may enter into a new lease, for a new term, at the option of the landlord. Nothing in this section shall prohibit any co-tenants of the victim of domestic violence from holding over if holding over is permitted by the landlord.
L.2008, c.111, s.4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.8 - Notice relative to public housing leases.

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 leases. When the terms of the tenancy are controlled by a publicly-funded housing assistance contract, notice and security deposit terms, requirements, and protections shall conform and be subject to restrictions, limitations or other requirements imposed by State or federal law.
L.2008, c.111, s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.9 - Waiving of rights, remedies prohibited.

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.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.10 - Existing lease agreements unaffected.

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.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.11 - Disclosure of certain information by landlord prohibited; exceptions.

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). The information shall not be entered into any shared database or provided to any person or entity, but may be used when required as evidence in an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, with the consent of the tenant, or as otherwise required by law.
L.2008, c.111, s.8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.12 - Inapplicability of act to seasonal use, rental.

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 of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere, but shall not include use or rental of living quarters for seasonal, temporary or migrant farm workers in connection with any 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.
L.2008, c.111, s.10.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.13 - Findings, declarations.

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 victims of domestic violence remain vulnerable to such violence, even after a restraining order has been issued.
b. In many instances, the perpetrator and victim of domestic violence are co-tenants in a rental dwelling unit. In such cases, it may be unclear whether a tenant-victim is authorized to change the locks on a rental dwelling unit. However, if a domestic violence perpetrator maintains a key to an unchanged lock on a rental dwelling unit, the tenant-perpetrator may easily gain access to the tenant-victim, which may then place the tenant-victim in danger of serious bodily harm or even death.
c. In order to prevent additional violence and harm to a victim of domestic violence, it is necessary for the Legislature to clarify that a court may authorize a victim of domestic violence to change the locks on a rental dwelling unit upon providing appropriate notice to the landlord as part of a temporary or permanent restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.).
L.2023, c.174, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-9.14 - Lock changes, dwelling unit, domestic violence victim, landlord, temporary, permanent restraining order, notification.

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 to section 13 of P.L.1991, c.261 (C.2C:25-29) may include an order requiring the landlord of a residential dwelling unit to change the locks on the dwelling unit where the victim of domestic violence resides. A victim who has obtained such an order shall notify the landlord in writing that the victim has been granted an order pursuant to this section and section 12 of P.L.1991, c.261 (C.2C:25-28) or section 13 of P.L.1991, c.261 (C.2C:25-29) to change the locks on a dwelling unit in which the victim resides.
b. If a landlord has not installed new locks within 48 hours of receiving a written request pursuant to subsection a. of this section, the victim shall be authorized to change the locks on a residential dwelling unit in which the victim resides.
c. A victim who changes the locks on a residential rental dwelling unit pursuant to subsection b. of this section shall notify the landlord of the rental dwelling unit that the locks on the unit have been changed and provide a copy of the new keys not more than 48 hours after implementing the change of locks.
d. A victim who changes the locks of a residential rental dwelling unit pursuant to this section shall be responsible for the costs associated with changing the locks on the rental unit, but may seek reimbursement for these costs pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29).
e. (1) If a victim changes the locks on a residential rental dwelling unit pursuant to subsection b. of this section, the landlord of the residential dwelling unit shall not be responsible or held liable to the victim, other tenant of the same dwelling unit, or an invitee, for any damages to:
(a) the dwelling unit;
(b) personal property in the dwelling unit; or
(c) the victim, other tenant of the same dwelling unit, or an invitee sustained while at the dwelling unit.
(2) The protections from landlord liability and responsibility established by paragraph (1) of this subsection shall only apply to damages that occur:
(a) 48 hours after the victim implements the change of locks;
(b) before the victim notifies the landlord that the locks have been changed and provides the landlord with a copy of the new keys; and
(c) while the victim continues to reside at the dwelling unit.
L.2023, c.174, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-10 - Tenant holding over; tenancy from month to month

46:8-10. Tenant holding over; tenancy from month to month
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month in the absence of any agreement to the contrary.
L.1941, c. 317, p. 856, s. 1, eff. Aug. 4, 1941.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-19.1 - Rules, regulations

46:8-19.1. Rules, regulations
The Commissioner of Banking may, in his discretion, promulgate rules and regulations with respect to the establishment of the method of computing the interest due to either the person receiving the money as a security deposit or to the tenant pursuant to the provisions of P.L.1967, c.265 (C.46:8-19 et seq.) or P.L.1971, c.223 (C.46:8-21.1 et seq.) if the money is deposited in an account or in shares of an investment company upon which the interest varies on a periodic basis.
L. 1985, c. 42, s. 5, eff. Aug. 1, 1985.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-20 - Procedure on conveyance of property

46:8-20. Procedure on conveyance of property
2. Any person, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money as a deposit or advance of rental as security for the full performance by such tenant or licensee of the terms of his contract, lease or license agreement, or who or which has or shall have received the same from a former owner or lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the conveyance of such property to another person by a court in an action to foreclose a mortgage thereon, at the time of the delivery of the deed or instrument of assignment, or within five days thereafter, or in the event of the insolvency or bankruptcy of the person receiving said deposit, within five days after the making and entry of an order of the court discharging the receiver or trustee, deal with the security deposit by turning over to his or its grantee or assignee, or to the purchaser at the foreclosure sale the sum so deposited, plus the tenant's portion of the interest or earnings accumulated thereon, and notify the tenant or licensee by registered or certified mail of such turning over and the name and address of such grantee, assignee or purchaser. Notwithstanding any other provision of law to the contrary, it shall be the duty and obligation of the grantee, assignee or purchaser to obtain from the grantor who is the owner or lessee at the time of the transfer, conveyance or purchase any and all security deposits, plus accrued interest on the deposits, that the owner or lessee received from a tenant, licensee or previous owner or lessee, and which deposits were invested, or should have been invested, in the manner required by section 1 of P.L. 1967, c. 265 (C.46:8-19).
L.1967,c.265,s.2; amended 1971, c.223, s.2; 1979, c.28, s.2; 1985, c.42, s.2; 2003, c.188, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-21 - Liability on transfer

46:8-21. Liability on transfer
3. Any owner or lessee turning over to his or its grantee, assignee, or to a purchaser of the leased premises at a foreclosure sale the amount of such security deposit, plus the tenant's portion of the interest or earnings accumulated thereon, is hereby relieved of and from liability to the tenant or licensee for the repayment thereof. Whether or not the deposit plus accumulated interest are so transferred, the grantee, assignee or purchaser of the leased premises is nevertheless responsible for the proper investment of the security deposit, giving all notices and paying interest pursuant to section 1 of P.L.1967, c.265 (C.46:8-19) and for the return of the security deposit, plus any accumulated earnings or interest thereon, to the tenant or licensee, in accordance with the terms of the contract, lease, or agreement unless he or it shall thereafter and before the expiration of the term of the tenant's lease or licensee's agreement, transfer such security deposit to another, pursuant to section 2 of P.L.1967, c.365 (C.46:8-20) and give the requisite notice in connection therewith as provided thereby.
L.1967,c.265,s.3; amended 1971, c.223, s.5; 1985, c.42, s.3; 2003, c.188, s.3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-21.2 - Limitation on amount of deposit

46:8-21.2. Limitation on amount of deposit
4. An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes. Whenever an owner or lessee collects from a tenant an additional amount of security deposit, the amount collected annually as additional security shall not be greater than 10 percent of the current security deposit.
L.1971,c.223,s.4; amended 2003, c.188, s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-21.3 - Security deposits prior to effective date of act; date of compliance

46:8-21.3. Security deposits prior to effective date of act; date of compliance
Security deposits made prior to the effective date of this act shall comply with the provisions of this act within 90 days of the effective date thereof.
L.1971, c. 223, s. 6, eff. June 21, 1971.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-21.4 - Small claims jurisdiction of actions on security deposits less than $5,000

46:8-21.4 Small claims jurisdiction of actions on security deposits less than $5,000
6. Notwithstanding any law or rule to the contrary, the Division of Small Claims of the Superior Court, Law Division, Special Civil Part shall have jurisdiction of actions between an owner or lessee and tenant for the return of all or a part of a security deposit in which the amount in dispute, including any applicable penalties, does not exceed the sum of $5,000, exclusive of costs.
L.2003,c.188,s.6.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-21.5 - Deposit recovery, certain; court action not required for tenant receiving financial assistance.

46:8-21.5 Deposit recovery, certain; court action not required for tenant receiving financial assistance.
1. A tenant who has received financial assistance through any State or federal program, including welfare or rental assistance, shall not be required to file an action in court to recover deposits withheld by a landlord in violation of P.L.1967, c.265 (C.46:8-19 et seq.) in order to continue participation in any such program.
L.2007,c.9,s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-22 - Enforcement of trust by civil action

46:8-22. Enforcement of trust by civil action
Any trust arising under the provisions of this act shall be enforceable by a civil action in a court of competent jurisdiction and that court shall have jurisdiction to make any appropriate order or judgment both pendente lite and final to fully effectuate the purposes of this act.
L.1967, c. 265, s. 4, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-23 - Statutory trust upon insolvency or bankruptcy of person receiving security deposit

46:8-23. Statutory trust upon insolvency or bankruptcy of person receiving security deposit
In the event of the insolvency or bankruptcy of the person receiving the said moneys, the claim of the person who paid the said moneys shall constitute a statutory trust with respect to any moneys so received and not previously expended in accordance with the terms of the contract, lease or agreement.
L.1967, c. 265, s. 5, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-24 - Waiver by depositor prohibited

46:8-24. Waiver by depositor prohibited
Any provision of such a contract, lease or agreement whereby a person who so deposits or advances money waives any provision of this act is absolutely void.
L.1967, c. 265, s. 6, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-25 - Unlawful diversion of trust funds; penalty

46:8-25. Unlawful diversion of trust funds; penalty
Any person party to said contract, lease or agreement, or any agent of said person, or any officer of a corporation receiving said moneys, who, with knowledge that such moneys constitute trust funds, unlawfully diverts or consents to an unlawful diversion of such moneys shall be a disorderly person and subject to a fine of not less than $200.00 or by imprisonment for not more than 30 days, or both.
L.1967, c. 265, s. 7, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-26 - Application of act

46:8-26. Application of act
The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act.
L.1967, c. 265, s. 8, eff. Jan. 1, 1968. Amended by L.1968, c. 46, s. 1, eff. May 22, 1968; L.1971, c. 223, s. 7, eff. June 21, 1971; L.1979, c. 28, s. 3, eff. Feb. 22, 1979.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-27 - Landlord, project defined.

46:8-27 Landlord, project defined.
1. The term "landlord," as used in this act, shall mean the person or persons who own or purport to own, or exercise control of any building or project in which there is rented or offered for rent housing space for living or dwelling purposes under either a written or oral lease, provided that this definition shall not include owner-occupied two unit premises. This definition shall include but not be limited to any multiple dwelling subject to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).
Whenever: the owner of an apartment in a horizontal property regime as defined in P.L.1963, c.168 (C.46:8A-1 et seq.), a unit owner of a unit in a condominium as defined in P.L.1969, c.257 (C.46:8B-1 et seq.), an owner of a unit in a fee simple community as defined in section 1 of P.L.1989, c.299 (C.40:67-23.2) or an owner in a cooperative entity as defined in section 3 of P.L.1987, c.381 (C.46:8D-3) leases an apartment or unit to a tenant, that owner shall be deemed the landlord for the purposes of filing the certificate of registration as required by section 2 of P.L.1974, c.50 (C.46:8-28). Nothing in P.L.1974, c.50 shall be construed as requiring a council of co-owners of a horizontal property regime, a condominium association, an association managing the common or shared elements or interests in a fee simple community or a cooperative association to comply with the certificate of registration requirement unless the council or association is the owner or lessor of the apartment or unit. Nothing in P.L.1974, c.50 shall be construed to require a cooperative corporation to comply with the certificate of registration requirement unless the corporation leases a unit to a person other than a proprietary shareholder of the cooperative. The foregoing provisions notwithstanding, the council, association or cooperative corporation having jurisdiction over a "multiple dwelling," as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), shall comply with the registration requirements of section 12 of P.L.1967, c.76 (C.55:13A-12) with respect to the multiple dwelling as a whole. The term "project" as used in this act shall mean a group of buildings which are or are represented to be under common or substantially common ownership and which stand on a single parcel of land or parcels of land which are contiguous and which group of buildings is named, designated or advertised as a common entity. The contiguity of such parcels shall not be adversely affected by public rights-of-way incidental to such buildings.
L.1974,c.50,s.1; amended 1981, c.299, s.1; 1981, c.442, s.1; 2003, c.56, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28 - Certificate of registration; filing, contents.

46:8-28 Certificate of registration; filing, contents.
2. Every landlord shall, within 30 days following the effective date of this act, or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the clerk of the municipality, or with such other municipal official as is designated by the clerk, in which the residential property is situated, in the case of a one-dwelling unit rental or a two-dwelling unit non-owner occupied premises, or with the Bureau of Housing Inspection in the Department of Community Affairs in the case of a multiple dwelling as defined in section 3 of the "Hotel and Multiple Dwelling Law" (C.55:13A-3), a certificate of registration on forms prescribed by the Commissioner of Community Affairs, which shall contain the following information:
a. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership the names of all general partners shall be provided;
b. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation;
c. If the address of any record owner is not located in the county in which the premises are 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 receipts therefor and to accept service of process on behalf of the record owner;
d. The name and address of the managing agent of the premises, if any;
e. The name and address, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide regular maintenance service, if any;
f. 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 affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency;
g. The name and address of every holder of a recorded mortgage on the premises;
h. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
L.1974,c.50,s.2; amended 1980, c.170, s.8; 1981, c.299, s.2; 1981, c.442, s.2; 1981, c.511, s.20; 2001, c.264, s.1; 2003, c.56, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28.1 - Certificate; indexing, filing; inspection; fee; validation.

46:8-28.1 Certificate; indexing, filing; inspection; fee; validation.
3. In the case of a filing under section 2 of P.L.1974, c.50 (C.46:8-28) with the municipal clerk, or with such other municipal official as is designated by the clerk, the clerk or designated official shall index and file the certificate and make it reasonably available for public inspection. In the case of a filing with the Bureau of Housing Inspection, the filing shall be accompanied by the filing fee required pursuant to section 12 of P.L.1967, c. 76 (C. 55:13A-12). The bureau shall review the certificate and, if it is found to be in conformity with this law and any regulations promulgated hereunder, validate the certificate and issue a validated copy to the landlord and a validated copy to the clerk of the municipality in which the building or project is located. The clerk shall index the validated certificates, or forward them to the designated official for indexing, and the certificates shall be made available as with the certificates required of one and two dwelling unit nonowner occupied premises.
L.1981,c.442,s.3; amended 2001, c.264, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28.2 - Certificate of registration; amendment; filing

46:8-28.2. Certificate of registration; amendment; filing
Every landlord required to file a certificate of registration as described in section 2 of P.L.1974, c. 50 (C. 46:8-28) shall file an amended certificate of registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the ownership of the premises is changed.
L.1981, c. 442, s. 4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28.3 - Registration under act if in compliance with L.1974, c. 50, or Hotel and Multiple Dwelling Law

46:8-28.3. Registration under act if in compliance with L.1974, c. 50, or Hotel and Multiple Dwelling Law
Nothing herein shall require a landlord who has heretofore complied with all provisions of P.L.1974, c. 50 (C. 46:8-27 et seq.) or the "Hotel and Multiple Dwelling Law" (P.L.1967, c. 76, C. 55:13A-1 et seq.), or both, applicable to any building or project to register the building or project again pursuant to this amendatory and supplementary act. Whenever, after the effective date of this amendatory and supplementary act, any owner or landlord shall be required to file an amended certificate of registration pursuant to the provisions of this amendatory and supplementary act, the "Hotel and Multiple Dwelling Law," or P.L.1974, c. 50, then that filing shall be in accordance with this amendatory and supplementary act.
L.1981, c. 442, s. 8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28.4 - Inapplicability of act to current proceedings, liabilities or penalties

46:8-28.4. Inapplicability of act to current proceedings, liabilities or penalties
This amendatory and supplementary act shall not affect any current proceedings, liabilities or penalties involving violations of the sections amended or repealed by this amendatory and supplementary act. All such proceedings, liabilities or penalties existing on the effective date of this amendatory and supplementary act shall be commenced or continued and be proceeded with in all respects as if the section had not been amended or repealed.
L.1981, c. 442, s. 9.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-28.5 - Certificate of registration, fee; exceptions.

46:8-28.5 Certificate of registration, fee; exceptions.
2. a. Except as otherwise provided in subsection b. of this section, every owner of a tenant-occupied single-family or two-family residential property, including, without limitation, a two-family property in which one unit is owner-occupied, shall file a certificate of registration on forms prescribed by the Commissioner of Community Affairs, in accordance with section 2 of P.L.1974, c.50 (C.46:8-28), with the Bureau of Housing Inspection in the Department of Community Affairs. Any such filing shall be accompanied by a filing fee not exceeding the filing for hotels and multiple dwellings established by section 12 of P.L.1967, c.76 (C.55:13A-12).
b. Subsection a. of this section shall not apply to any owner-occupied two-family residential property that:
(1) has been certified to be free of lead-based paint;
(2) was constructed during or after 1978;
(3) is a seasonal rental unit which is rented for less than six months' duration each year; or
(4) has been certified as having a lead-free interior by a certified inspector.
c. Any owner who fails to comply with an order of the commissioner to register any property subject to this section shall be liable for a penalty of $200 for each registration ordered by the commissioner. The commissioner may issue a certificate to the clerk of the Superior Court that an owner is indebted to the department for the payment of such penalty and thereupon the clerk shall enter upon the record of docketed judgments the name of the owner, and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty so certified, and the date of such certification. The making of the entry shall have the same force and effect as the entry of a docketed judgment in the office of such clerk.
L.2007, c.251, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-29 - Provision of copy of certificate of registration to tenant.

46:8-29 Provision of copy of certificate of registration to tenant.
3. Within 30 days following the effective date hereof, and at the time of the creation of a new tenancy, every landlord shall provide each occupant or tenant in his building or project a copy of the certificate of registration required by section 2 of this act (C.46:8-28). If an amended certificate is filed the landlord shall furnish each occupant or tenant with a copy of the amended certificate within seven days after the amended certificate is filed with the municipal clerk, or with such other municipal official as is designated by the clerk, in the case of a tenant occupied one family dwelling or a non-owner occupied two family dwelling and within seven days of receipt of a validated certificate from the Bureau of Housing Inspection in the case of a building or project subject to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).
L.1974,c.50,s.3; amended 1981, c.442, s.5; 2001, c.264, s.3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-29.1 - Tenants advised of list.

46:8-29.1 Tenants advised of list.
2. Within 30 days following notification by the municipal clerk pursuant to section 1 of P.L.2017, c.266 (C.40:48-2.67), and thereafter, at the time of creation of a tenancy, a landlord shall advise each tenant that the clerk of the municipality maintains a list containing the names and addresses of municipal residents who identify themselves as being in need of special assistance in the event of an emergency, and who request that this information be maintained on their behalf, for public safety purposes.
The landlord shall provide each tenant with a copy of the notice including information as to how a tenant may be added to the list.
L.2017, c.266, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-31 - Service by mail upon record owner

46:8-31. Service by mail upon record owner
5. In any action in the Superior Court, Law Division, Special Civil Part or municipal court by an occupant or tenant or to recover penalties against a landlord who has not complied with this act and who cannot be served within the county or municipality, the summons and complaint may be served by certified and regular mail upon the record owner at the last address listed in the tax records of either the municipality or county. Service of such summons and complaint by certified and regular mail shall be effective to bring the landlord before the Superior Court, Law Division, Special Civil Part or municipal court even if it were not served within the county or municipality in which the court issuing the summons is located.
L.1974,c.50,s.5; amended 1981,c.299,s.3; 1991,c.91,s.455.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-32 - Service of process on Superior Court clerk

46:8-32. Service of process on Superior Court clerk
6. Service of process on the clerk of the Superior Court, Law Division, Special Civil Part or municipal court having jurisdiction over the municipality in which the property is located shall be deemed service on the landlord upon submission to the court of the following:
a. A certification of the tenant stating that he does not know the landlord's whereabouts after having made a diligent effort, satisfactory to the court, to determine the same; and
b. Proof of failure of service by certified mail as provided in section 5 of this act.
L.1974,c.50,s.6; amended 1981,c.299,s.4; 1991,c.91,s.456.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:8-33 - Action for possession by landlord; compliance with act

46:8-33. Action for possession by landlord; compliance with act
In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall be entered until there has been compliance. The court shall continue such case for up to 90 days and if there has not been compliance within such period, the action shall be dismissed.
L.1974, c. 50, s. 7, eff. June 25, 1974.