N.J. Stat. Ann. § 46:8C-1 et seq. § 46:8C-3
Sale of mobile home within park; notice to and approval by owner or operator
Operative Text
a. No mobile home park shall deny any resident of such mobile home park the right to sell said resident's mobile home within the park or require the resident to remove the mobile home from the park solely on the basis of the sale thereof. The park may reserve the right to approve the purchaser of said mobile home as a tenant, but such permission may not be unreasonably withheld and the park shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or operator has acted as agent for the mobile home owner in the sale pursuant to a written contract. When a resident of the park plans to sell his home, he shall give written notice to the park owner or operator. Before a home in the park may be sold, the seller shall provide the buyer with an application for park tenancy, which shall be returned to the park owner or operator by the prospective buyer in person. On the private sale of a mobile home, failure to comply with the application procedure as described, before any sales agreement is entered into, shall absolve the park owner or operator from the requirements of Sec. 2e and 2d, and Sec. 4 of this act. The preceding is not applicable if a buyer plans to immediately remove a home from the park. Either a mobile home owner, mobile home purchaser or park owner or operator aggrieved by the failure of any person to comply with the provisions of this section may seek damages and reasonable costs and attorneys fees in a complaint, cross-claim, or third party complaint in a court of competent jurisdiction. b. No contract for the sale of a mobile home, where the buyer and the seller intend the mobile home remain in the park, shall be valid unless the seller has advised the purchaser, in writing, of the park owner or operator's right to approve the purchaser as provided for in this section. c. If the mobile home park owner or operator shall unreasonably withhold approval of a purchaser of a mobile home as a tenant, either the mobile home owner who is selling or the intended purchaser of the mobile home may institute an action in the Superior Court. A plaintiff who shall recover a judgment in any such action shall be awarded all damages proximately caused by the unreasonable refusal of the mobile home park owner or operator to approve the sale together with the costs of the action and reasonable attorneys' fees. In any such action the court shall also be empowered to order the admission of the purchaser of the mobile home to the mobile home park. L.1973, c. 153, s. 3. Amended by L.1977, c. 350, s. 2, eff. Jan. 30, 1978.
Under N.J.S.A. 46:8C-3, mobile home park residents have the right to sell their homes while they remain in the park, and the park cannot force removal of the home simply because it is being sold. The park may screen and approve the incoming buyer as a prospective tenant, but that approval cannot be withheld without a reasonable basis, and the park cannot collect a commission or fee from the sale unless it formally acted as the seller's agent under a written contract. Both sellers and buyers must follow a specific written-notice and application procedure before any sales agreement is signed, and any party harmed by a failure to follow these steps may pursue damages, costs, and attorneys' fees in court.
Plain English — not legal advice.
Operators subject to N.J.S.A. 46:8C-3 generally maintain a documented, consistently applied tenant-approval process so that any decision to decline a prospective buyer can be supported by objective, non-arbitrary reasons. Compliant operators do not charge sellers a commission or fee unless a written agency agreement was in place before the sale, and they process buyer applications promptly after the prospective buyer submits the required paperwork in person. Keeping clear records of every approval or denial decision—and the reasons behind it—helps demonstrate that the park's screening practices meet the 'not unreasonably withheld' standard the statute requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.S.A. 46:8C-3, residents of a mobile home park have a protected right to sell their home in place, and a park that refuses to approve a qualified buyer without a reasonable justification may be ordered by a Superior Court to admit that buyer and to pay the seller's damages, court costs, and attorneys' fees. Before signing any sales agreement, sellers should provide the buyer with a park tenancy application and give written notice to the park owner or operator, because failure to follow this procedure can affect certain protections the law otherwise provides. Tenants or prospective buyers who believe approval has been unreasonably withheld may consider consulting a tenant-rights organization or an attorney familiar with New Jersey mobile home park law to understand the complaint and court-action options available under this provision.
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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