N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.42

Definitions

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyCondo Conversion

Operative Text

N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.42
3. As used in this act:

"Administrative agency" means the municipal board, officer or agency designated, or the county agency contracted with, pursuant to section 6 of this act.

"Affordable rental housing unit" means a rental housing unit that is subject to a rent control ordinance.

"Annual household income" means the total income from all sources during the last full calendar year, or the annual average of that total income during the last two calendar years, whichever is less, of a tenant and all members of the household who are residing in the tenant's dwelling unit when the tenant applies for protected tenancy, whether or not such income is subject to taxation by any taxing authority.

"Commissioner" means the Commissioner of Community Affairs.

"Conversion" means conversion as defined in section 3 of "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-23).

"Conversion recording" means the recording with the appropriate county officer of a master deed for a condominium or a deed to a cooperative corporation for a planned residential development or separable fee simple ownership of the dwelling units.

"County rental housing shortage" means a certification issued by the Commissioner of Community Affairs that there has occurred a significant decline in the availability of rental dwelling units in the county due to conversions; provided, however, that the commissioner shall not issue any such certification unless during the immediately preceding 10-year period:

a. The aggregate number of rental units subject to registrations of conversion during any three consecutive years in the county exceeds 10,000; and

b. The aggregate number of rental units subject to registrations of conversion in at least one of those three years exceeds 5,000.

"Department" means the Department of Community Affairs.

"Index" means the annual average over a 12-month period beginning September 1 and ending August 31 of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items Series A, of the United States Department of Labor (1957-1959 = 100), for either the New York, NY-Northeastern New Jersey or the Philadelphia, PA-New Jersey region, according as either shall have been determined by the commissioner to be applicable in the locality of a property undergoing conversion.

"Protected tenancy period" means, except as otherwise provided in section 11 of this act, all that time following the conversion recording for a building or structure during which a qualified tenant in that building or structure continues to be a qualified tenant and continues to occupy a dwelling unit therein as his principal residence.

"Qualified county" means:

a. Any county with a population in excess of 500,000 and a population density in excess of 8,500 per square mile, according to the most recent federal decennial census; or

b. Any county wherein there exists a county rental housing shortage.

"Qualified municipality" means any municipality with a population density in excess of 25,000 per square mile, according to the most recent federal decennial census, and which has adopted a rent control ordinance.

"Qualified tenant" means a tenant who is a resident in a qualified county and:

(1) Applied for protected tenancy status on or before the date of registration of conversion by the department, or within one year of the effective date of P.L.1991, c.509 (C.2A:18-61.40 et al.), whichever is later;

(2) Has occupied the premises as his principal residence for at least 12 consecutive months next preceding the date of application; and

(3) Has an annual household income that does not at the time of application exceed the maximum qualifying income as determined pursuant to section 4 of P.L.1991, c.509 (C.2A:18-61.43), except that this income limitation shall not apply to any tenant who is age 75 or more years or is disabled within the meaning of section 3 of P.L.1981, c.226 (C.2A:18-61.24).

"Registration of conversion" means an approval of an application for registration by the department in accordance with "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.).

"Tenant in need of comparable housing" means a tenant who is not a qualified tenant under P.L.1991, c.509 (C.2A:18-61.40 et al.) and is not eligible for protected tenancy under the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.).

L.1991, c.509, s.3; amended 2020, c.40, s.2.
Source: Legislative text reproduced verbatim
Plain English

Section 2A:18-61.42 of New Jersey law establishes the vocabulary used throughout the Tenant Protection Act governing condominium and cooperative conversions. It defines key terms such as 'qualified tenant,' 'protected tenancy period,' 'affordable rental housing unit,' and 'annual household income,' which together determine who is eligible for conversion-related protections and for how long those protections last. The definitions also set out the criteria for 'qualified county' and 'qualified municipality,' tying eligibility to population density thresholds and the existence of rent control ordinances. Understanding these definitions is foundational to interpreting every other provision in the act.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers overseeing buildings undergoing condominium or cooperative conversion in New Jersey should be familiar with the definitions established in N.J.S.A. 2A:18-61.42, as they govern which residents may qualify for protected tenancy status and what obligations flow from that status. Compliant operators typically track whether their property is located in a 'qualified county' or 'qualified municipality' as defined here, and maintain records of tenant occupancy duration and household income to assess protected tenancy eligibility. The definition of 'annual household income'—which uses the lower of the last full calendar year or the two-year average—is particularly relevant when evaluating tenant applications for protected tenancy status.

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:18-61.42 contains the definitions that determine whether a tenant living in a building undergoing conversion may qualify for a 'protected tenancy period,' which can allow continued occupancy under certain conditions. Tenants who have lived in their unit as a principal residence for at least 12 consecutive months and meet the income thresholds defined here—or who are age 75 or older or are disabled—may have rights worth exploring further. Tenants who believe they may qualify can contact the New Jersey Department of Community Affairs, consult a local tenant-rights organization, or review the full act to understand how these definitions apply to their circumstances.

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

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Oct 6, 2026
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Related Rules

§ 10-2.1
Definitions
§ 5-4-1-2
PURPOSE, DECLARATION OF POLICY
§ 5-4-1-5
APPLICABILITY OF PROVISIONS