N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.1b
Permanent retirement from residential use
Operative Text
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 rebuttable 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 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.
Under N.J.S.A. 2A:18-61.1b, when a landlord attempts to evict tenants by claiming the property will be permanently retired from residential use, the law creates a rebuttable presumption against that claim if local zoning does not permit nonresidential use as a principal use. A property that is simply vacant, boarded up, or out of service does not qualify as 'retired from residential use' unless it is actually converted to a permitted nonresidential purpose. Additionally, no eviction on this ground can proceed unless all required state or local permits for the intended nonresidential use have been obtained, and the eviction notice must specifically disclose what nonresidential use is planned.
Plain English — not legal advice.
Under N.J.S.A. 2A:18-61.1b, operators pursuing a permanent-retirement eviction generally ensure that the intended nonresidential use is a principal permitted use under applicable zoning law before initiating proceedings. Compliant operators secure all required state and local permits or approvals for the nonresidential use prior to completing the eviction process, even though a certificate of occupancy for the proposed use is not required beforehand. The eviction notice provided under the applicable statute must clearly disclose the specific nonresidential use to which the premises will be converted, leaving no ambiguity about the owner's intentions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-61.1b provides tenants facing a permanent-retirement eviction with meaningful procedural protections, including a rebuttable presumption in their favor if local zoning does not allow the claimed nonresidential use as a principal permitted use. Tenants may raise as a defense the fact that required permits or approvals for the nonresidential conversion have not been obtained, or that the eviction notice failed to disclose the specific intended use. Tenants in this situation may wish to review local zoning records, consult a tenant-rights organization, or explore whether a complaint or defense can be raised before the appropriate court or housing authority.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.