Tenants Right to Safe & Sanitary Housing: What Renters and Landlords Need to Know

A revised bulletin from the NJ Department of Community Affairs in Sept. 2022, outlines both tenant and landlord responsibilities for maintaining safe, sanitary rental units.

Morristown, NJ – The New Jersey Department of Community Affairs' Division of Codes and Standards released an updated Habitability Bulletin in September 2022. The bulletin aims to educate both tenants and landlords on their respective rights and responsibilities for maintaining rental properties within the State.

Renters Rights in New Jersey: Habitability

1. General Right to Habitability:
   • Tenants are entitled to safe, sanitary, and decent housing.
   • Leases come with an “implied warranty of habitability.” Landlords must maintain the rental unit and repair vital facility damages.
   • Tenants must maintain and return the property in its original condition, barring normal wear and tear. Malicious damage repair is the tenant's responsibility.
2. Housing Code Violations:
   • Buildings with three or more rental units must adhere to regulations and be registered with the Bureau of Housing Inspection.
   • One and two unit buildings have different jurisdiction and registration requirements.
   • For issues like lack of heat or hot water, contact local health agencies.
3. Tenant Remedies for Unhabitable Conditions:
   • Tenants can repair deficiencies and deduct costs from the rent.
   • If landlords neglect the property, tenants can break the lease without penalties ("constructive eviction").
   • Rent abatement may be sought if the property is not habitable.
   • Rent can be withheld in some circumstances.
   • Rent receivership allows rent deposits with a court-appointed administrator to address defects.
4. Utility Requirements:
   • Temperature regulations are set for specific times and seasons.
   • Utility disconnection protocols protect tenants.
5. Paint Requirements:
   • Rental unit walls should be free of deteriorating paint or plaster.
   • Landlords need to notify tenants of potential lead-based paint hazards in certain dwellings.
6. Screens and Window Guards:
   • Screens are mandated for exterior doors and windows up to the 5th floor, from May 1 to October 1.
   • Window guards must be installed upon request for units with children aged 10 or younger.
7. HUD or Subsidized Housing:
   • For issues in federally subsidized housing, contact the Department of Housing and Urban Development.

Remember, not every minor defect breaks the warranty of habitability. Renters should always communicate with landlords regarding issues and keep any rent withheld accessible if required by the court.