N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.1e

Rights of former tenants

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyNo-Fault Relocation Payments

Operative Text

N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.1e
6. If a dwelling unit becomes vacated after notice has been given that the owner seeks to permanently board up or demolish the premises or seeks to retire permanently the premises from residential use pursuant to paragraph (1) of subsection g. or subsection h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and if at any time thereafter an owner instead seeks to return the premises to residential use, the owner shall provide the former tenant:

a. Written notice 90 days in advance of any return to residential use or any agreement for possession of the unit by any other party, which notice discloses the owner's intention to return the unit to residential use and all appropriate specifics;

b. The right to return to possession of the vacated unit or, if return is not available, the right to possession of affordable housing relocation in accord with the standards and criteria set forth for comparable housing as defined by section 4 of P.L.1975, c.311 (C.2A:18-61.7); and

c. In the case of a conversion, the right to a protected tenancy pursuant to the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et seq.), or pursuant to the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), if the former tenant would have at the time of the conversion been eligible for a protected tenancy under either of those acts, had the former tenant not vacated the premises.

The 90-day notice shall disclose the tenant's rights pursuant to this section and the method for the tenant's response to exercise these rights. A duplicate of the notice shall be transmitted within the first five days of the 90-day period to the rent board in the municipality or the municipal clerk, if there is no board. Notwithstanding the provisions of subsection c. of section 3 of P.L.1975, c.311 (C.2A:18-61.6), damages awarded shall not be trebled where possession has been returned in accord with this section; nor shall any damages be awarded as provided for in subsection e. of section 3 of P.L.1975, c.311 (C.2A:18-61.6). An owner who fails to provide a former tenant a notice of intention to return to residential use pursuant to this section is liable to a civil penalty of not less than $2,500.00 or more than $10,000.00 for each offense, and shall also be liable in treble damages, plus attorney fees and costs of suit, for any loss or expenses incurred by a former tenant as a result of that failure. The penalty prescribed in this section shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part, in the county in which the rental premises are located shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, shall issue upon the complaint of the Commissioner of the Department of Community Affairs, the Attorney General, or any other person. No owner shall be liable for a penalty pursuant to this section if the unit is returned to residential use more than five years after the date the premises are vacated or if the owner made every reasonable effort to locate the former tenant and provide the notice, including, but not limited to, the employment of a qualified professional locator service, where no return receipt is obtained from the former tenant.

In any action under this section the court shall, in addition to damages, award any other appropriate legal or equitable relief.

L.1986,c.138,s.6; amended 1991,c.509,s.20.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 2A:18-61.1e, when a landlord who previously sought to permanently vacate, demolish, or retire a property from residential use later decides to return it to residential use, former tenants gain specific legal rights. The owner must provide 90 days' written notice before resuming residential use or transferring possession, and a copy of that notice must go to the local rent board or municipal clerk within the first five days. Former tenants are entitled to return to their unit or to comparable affordable housing, and in conversion situations may qualify for protected tenancy status under applicable state law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners covered by N.J.S.A. 2A:18-61.1e who reverse a decision to permanently vacate or demolish generally ensure that 90-day written notices are sent to former tenants and simultaneously filed with the local rent board or municipal clerk within the first five days of that period. The notice must fully disclose the owner's intent and the former tenant's rights and response method. Owners who fail to provide proper notice face civil penalties of $2,500 to $10,000 per offense, plus potential treble damages, attorney fees, and costs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 2A:18-61.1e gives former tenants the right to receive 90 days' advance written notice if an owner plans to return a previously vacated property to residential use. If that notice is not provided, a former tenant may pursue civil penalties against the owner ranging from $2,500 to $10,000 per offense, as well as treble damages and attorney fees. Tenants can explore these rights by contacting their local rent board, the municipal clerk, the Department of Community Affairs, or a tenant-rights organization.

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

Current
Oct 6, 2026
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Related Rules

§ 14.550.01
MANUFACTURED HOME PARK CLOSINGS
§ 165.06
RELOCATION ASSISTANCE
§ 165.07
REMEDIES