N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.28
Eligibility for protected tenancy status
Operative Text
Within 30 days after receipt of an application for protected tenancy status by a tenant, the administrative agency or officer shall make a determination of eligibility. It shall send written notice of eligibility to each senior citizen tenant or disabled tenant who: a. Applied therefor on or before the date of registration of conversion by the Department of Community Affairs; and b. Qualifies as an eligible senior citizen tenant or disabled tenant pursuant to this amendatory and supplementary act; and c. Has an annual household income that does not exceed an amount equal to three times the county per capita personal income, as last reported by the Department of Labor and Industry on the basis of the U.S. Department of Commerce's Bureau of Economic Analysis data, or $50,000.00, whichever is greater; and d. Has occupied the premises as his principal residence for at least one year or has a lease on the premises for a period longer than one year. The department shall adjust the county per capita personal income to be used in subsection c. of this section if there is a difference of one or more years between (1) the year in which the last reported county per capita personal income was based and (2) the last year in which the tenant's annual household income is based. The county per capita personal income shall be adjusted by the department by an amount equal to the number of years of the difference above times the average increase or decrease in the county per capita personal income for three years, including in the calculation the current year reported and the three immediately preceding years. The administrative agency or officer shall likewise send a notice of denial with reasons to any tenant whom it determines to be ineligible. The owner shall be notified of those tenants who are determined to be eligible and ineligible. The administrative agency or officer may require that the application include such documents and information as may be necessary to establish that the tenant is eligible for a protected tenancy status under the provisions of this amendatory and supplementary act and shall require such application to be submitted under oath. The Department of Community Affairs may by regulation adopt forms for application for protected tenancy status and notification of eligibility or ineligibility or adopt such other regulations for the procedure of determining eligibility as it determines are necessary. L.1981,c.226,s.7; amended 1987,c.287,s.2; 1990,c.110,s.3.
Under N.J.S.A. 2A:18-61.28, when a tenant applies for protected tenancy status during a condominium or cooperative conversion, the responsible administrative agency or officer must decide on eligibility within 30 days of receiving the application. Eligible tenants are senior citizens or disabled individuals who applied before the conversion was registered, meet income thresholds tied to county per capita personal income or $50,000 (whichever is greater), and have lived in the unit as their primary residence for at least one year or hold a lease longer than one year. The agency must send written notice of its decision—approval or denial with reasons—to both the tenant and the property owner.
Plain English — not legal advice.
Under N.J.S.A. 2A:18-61.28, property owners converting a building to condominium or cooperative ownership should be aware that the administrative agency will notify them of which tenants have been determined eligible or ineligible for protected tenancy status. Compliant operators typically cooperate with the agency's information requests and track the registration date with the Department of Community Affairs, since that date is the cutoff for tenant applications. Owners should maintain records of tenant occupancy and lease terms, as these factors directly bear on eligibility determinations that affect conversion timelines.
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:18-61.28 establishes that senior citizen and disabled tenants facing a building conversion have the right to apply for protected tenancy status, and the administrative agency must respond in writing within 30 days with either an approval or a denial that includes the reasons for the decision. Tenants who believe they meet the income, residency, and eligibility criteria—including the income threshold based on county per capita personal income or $50,000, whichever is greater—can submit an application, which may need to be sworn and supported by documentation. Tenants who receive a denial or believe their rights under this provision have not been honored may consider contacting the New Jersey Department of Community Affairs, a local tenant-rights organization, or a housing attorney to understand available options.
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.
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