Section 8 NJ

[Admin]

https://www.nj.gov/dca/divisions/dhcr/offices/portability.html

Overview

"Portability" in the HCV program refers to the process through which you can transfer or "port" your rental subsidy if and when you decide to move to a location outside of DCA's jurisdiction.

New families may not port immediately; you must live in DCA's jurisdiction for a year before you can port out to another jurisdiction.

    Initial PHAs -The PHA that first gave the voucher to the individual when they were selected for the program.
    Receiving PHAs- The agency that will administer assistance in the area to which the individual moves.

DCA Portability Process

Port-Out Tenants

Must contact field office to submit the portability  request form <make the word form a link to the attached word document and to sign voucher. 

When completed, the Port Out packet it will be forwarded to receiving housing authority.

If the family meets all eligibility criteria but is not income eligible based on the receiving PHA's income limits, the family will not be able to move under portability.


Port-In Tenants

Please contact your current Housing Authority to initiate the port out process. 

All port-in packets from sending Housing Authorities should be emailed to the attention of ports@dca.nj.gov or faxed to 609-292-9653. 

When a complete port packet, including all  required forms and the name of county to which the client wishes to port into is received, the port packet will be forwarded to the appropriate Field office for processing and will  follow up with the port in tenant directly. 

As the receiving PHA, DCA will rescreen families who have moved into their jurisdiction under portability by applying our own policies for denial or termination of assistance as outlined in our administrative plan.

Federal Regulations governing portability can be found at 24 CFR 982.353-355.
https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-H?toc=1
24 CFR § 982.353   Where family can lease a unit with tenant-based assistance.
§ 982.354   Move with continued tenant-based assistance.
§ 982.355   Portability: Administration by initial and receiving PHA.

Click here for: Request for Portability/Transfers 
https://www.nj.gov/dca/divisions/dhcr/offices/section_8/pdf_jpeg/Request_for_Portability.pdf

[Admin]

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-H?toc=1

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-H/section-982.353

Editorial Note:Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.353 Where family can lease a unit with tenant-based assistance.

(a) Assistance in the initial PHA jurisdiction. 

The family may receive tenant-based assistance to lease a unit located anywhere in the jurisdiction (as determined by State and local law) of the initial PHA.

HUD may nevertheless restrict the family's right to lease such a unit anywhere in such jurisdiction if HUD determines that limitations on a family's opportunity to select among available units in that jurisdiction are appropriate to achieve desegregation goals in accordance with obligations generated by a court order or consent decree.

(b) Portability:

Assistance outside the initial PHA jurisdiction.  Subject to paragraph (c) of this section, and to § 982.552 and § 982.553, a voucher-holder or participant family has the right to receive tenant-based voucher assistance, in accordance with requirements of this part, to lease a unit outside the initial PHA jurisdiction, anywhere in the United States, in the jurisdiction of a PHA with a tenant-based program under this part.

The initial PHA must not provide such portable assistance for a participant if the family has moved out of the assisted unit in violation of the lease except as provided for in this subsection.

If the family moves out in violation of the lease in order to protect the health or safety of a person who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believes him- or herself to be threatened with imminent harm from further violence by remaining in the dwelling unit (or any family member has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's move or request to move), and has otherwise complied with all other obligations under the Section 8 program, the family may receive a voucher from the initial PHA and move to another jurisdiction under the Housing Choice Voucher Program.

(c) Nonresident applicants.

(1) This paragraph (c) applies if neither the household head nor spouse of an assisted family already had a "domicile" (legal residence) in the jurisdiction of the initial PHA at the time when the family first submitted an application for participation in the program to the initial PHA.

(2) The following apply during the 12 month period from the time when a family described in paragraph (c)(1) of this section is admitted to the program:

(i) The family may lease a unit anywhere in the jurisdiction of the initial PHA;

(ii) The family does not have any right to portability;

(iii) The initial PHA may choose to allow portability during this period.

(3) If the initial PHA approves, the family may lease a unit outside the PHA jurisdiction under portability procedures.

(4) Paragraph (c) of this section does not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, as provided in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), and the move is needed to protect the health or safety of the family or family member, or any family member who has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's request to move.

(d) Income eligibility.

(1) For admission to the program, a family must be income eligible in the area where the family initially leases a unit with assistance under the program.

(2) If a family is a participant in the initial PHA's voucher program, income eligibility is not redetermined when the family moves to the receiving PHA program under portability procedures.

(e) Freedom of choice. 

The PHA may not directly or indirectly reduce the family's opportunity to select among available units, except as provided in paragraph (a) of this section, or elsewhere in this part 982 (e.g., prohibition on the use of ineligible housing, housing not meeting HQS, or housing for which the rent to owner exceeds a reasonable rent).

However, the PHA must provide families the information required in § 982.301 for both the oral briefing and the information packet to ensure that they have the information they need to make an informed decision on their housing choice.

[60 FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 61 FR 42131, Aug. 13, 1996; 64 FR 26646, May 14, 1999; 73 FR 72344preview citation details, Nov. 28, 2008; 75 FR 66264, Oct. 27, 2010; 80 FR 50573, Aug. 20, 2015; 81 FR 80816, Nov. 16, 2016]

[Admin]

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-H/section-982.354

Editorial Note:Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.354 Move with continued tenant-based assistance.

(a) Applicability.  This section states when a participant family may move to a new unit with continued tenant-based assistance:

(b) When family may move.  A family may move to a new unit if:

(1) The assisted lease for the old unit has terminated. This includes a termination because:

(i) The PHA has terminated the HAP contract for the owner's breach; or

(ii) The lease has terminated by mutual agreement of the owner and the tenant.

(2) The owner has given the tenant a notice to vacate, or has commenced an action to evict the tenant, or has obtained a court judgment or other process allowing the owner to evict the tenant.

(3) The tenant has given notice of lease termination (if the tenant has a right to terminate the lease on notice to the owner, for owner breach, or otherwise).

(4) The family or a member of the family, is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, as provided in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), and the move is needed to protect the health or safety of the family or family member, or if any family member has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's request to move. A PHA may not terminate assistance if the family, with or without prior notification to the PHA, moves out of a unit in violation of the lease, if such move occurs to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believed he or she was threatened with imminent harm from further violence if he or she remained in the dwelling unit. However, any family member that has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's move or request to move is not required to believe that he or she was threatened with imminent harm from further violence if he or she remained in the dwelling unit.

(c) How many moves.

(1) A participant family may move with continued assistance under the program, either inside the PHA jurisdiction, or under the portability procedures (See § 982.353) in accordance with the PHA's policies.

(2) Consistent with applicable civil rights laws and regulations, the PHA may establish policies that:

(i) Prohibit any move by the family during the initial lease term;

(ii) Prohibit more than one move by the family during any one-year period; and

(iii) The above policies do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, as provided in 24 CFR part 5, subpart L, and the move is needed to protect the health or safety of the family or family member, or any family member has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the family's request to move.

(d) Notice that family wants to move.  If the family wants to move to a new unit, the family must notify the PHA and the owner before moving from the old unit. If the family wants to move to a new unit that is located outside the initial PHA jurisdiction, the notice to the initial PHA must specify the area where the family wants to move. See portability procedures in subpart H of this part.

(e) When the PHA may deny permission to move.

(1) The PHA may deny permission to move if the PHA does not have sufficient funding for continued assistance. The PHA must provide written notification to the local HUD Office within 10 business days of determining it is necessary to deny moves to a higher-cost unit based on insufficient funding.

(2) At any time, the PHA may deny permission to move in accordance with § 982.552 (grounds for denial or termination of assistance).

[60 FR 34695, July 3, 1995, as amended at 64 FR 56913, Oct. 21, 1999; 75 FR 66263, Oct. 27, 2010. Redesignated and amended at 80 FR 50573, Aug. 20, 2015; 81 FR 80817, Nov. 16, 2016]

[Admin]

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-H/section-982.355

Editorial Note:Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.355 Portability: Administration by initial and receiving PHA.

(a) General.  When a family moves under portability (in accordance with § 982.353(b)) to an area outside the initial PHA jurisdiction, the receiving PHA must administer assistance for the family if a PHA with a HCV program has jurisdiction in the area where the unit is located.

(b) Requirement to administer assistance.  A receiving PHA cannot refuse to assist incoming portable families or direct them to another neighboring PHA for assistance. If there is more than one such PHA, the initial PHA provides the family with the contact information for the receiving PHAs that serve the area, and the family selects the receiving PHA. The family must inform the initial PHA which PHA it has selected as the receiving PHA. In cases where the family prefers not to select the receiving PHA, the initial PHA selects the receiving PHA on behalf of the family. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writing from HUD before refusing any incoming portable families.

(c) Portability procedures.  The following portability procedures must be followed:

(1) When the family decides to use the voucher outside of the PHA jurisdiction, the family must notify the initial PHA of its desire to relocate and must specify the location where it wants to live.

(2) The initial PHA must determine the family's eligibility to move in accordance with §§ 982.353 and 982.354.

(3) Once the receiving PHA is determined in accordance with paragraph (b) of this section, the initial PHA must contact the receiving PHA, via email or other confirmed delivery method, prior to approving the family's request to move in order to determine whether the voucher will be absorbed or billed by the receiving PHA.

The receiving PHA must advise the initial PHA in writing, via email or other confirmed delivery method, of its decision.

(4) If the receiving PHA notifies the initial PHA that it will absorb the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA.

(5) If the receiving PHA will bill the initial PHA for the portability voucher and the cost of the HAP will increase due to the move, the initial PHA may deny the move if it does not have sufficient funding for continued assistance in accordance with § 982.354 (e)(1).

(6) If a billing arrangement is approved by the initial PHA or if the voucher is to be absorbed by the receiving PHA, the initial PHA must issue the family a voucher to move, if it has not already done so, and advise the family how to contact and request assistance from the receiving PHA.

(7) The initial PHA must promptly notify the receiving PHA to expect the family. The initial PHA must give the receiving PHA the form HUD-52665, the most recent form HUD 50058 (Family Report) for the family, and all related verification information.

(8 ) The family must promptly contact the receiving PHA in order to be informed of the receiving PHA's procedures for incoming portable families and comply with these procedures. The family's failure to comply may result in denial or termination of the receiving PHA's voucher.

(9) The receiving PHA does not redetermine eligibility for a participant family. However, for a family that was not already receiving assistance in the PHA's HCV program, the initial PHA must determine whether the family is eligible for admission to the receiving PHA's HCV program. In determining income eligibility, the receiving PHA's income limits are used by the initial PHA.

(10) When a receiving PHA assists a family under portability, administration of the voucher must be in accordance with the receiving PHA's policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used.

(11) If the receiving PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit.

(12) The receiving PHA must determine the family unit size for the family, and base its determination on the subsidy standards of the receiving PHA.

(13) The receiving PHA must issue a voucher to the family.

The term of the receiving PHA voucher may not expire before 30 calendar days from the expiration date of the initial PHA voucher.

If the voucher expires before the family arrives at the receiving PHA, the receiving PHA must contact the initial PHA to determine if it will extend the voucher.

(14) Once the receiving PHA issues the portable family a voucher, the receiving PHA's policies on extensions of the voucher term apply. The receiving PHA must notify the initial PHA of any extensions granted to the term of the voucher.

(15) The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA voucher. As required in § 982.303, if the family submits a request for tenancy approval during the term of the voucher, the PHA must suspend the term of that voucher.

(16) The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program, or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the voucher.

(17) At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance to the family in accordance with § 982.552 and 982.553.

(d) Absorption by the receiving PHA.

(1) If funding is available under the consolidated ACC for the receiving PHA's HCV program, the receiving PHA may absorb the family into the receiving PHA's HCV program. After absorption, the family is assisted with funds available under the consolidated ACC for the receiving PHA's HCV program.

(2) HUD may require that the receiving PHA absorb all, or a portion of, incoming portable families. Under circumstances described in a notice published in the Federal Register, HUD may determine that receiving PHAs, or categories of receiving PHAs, should absorb all or a portion of incoming portable families. If HUD makes such a determination, HUD will provide an opportunity for public comment, for a period of no less than 60 calendar days, on such policy and procedures. After consideration of public comments, HUD will publish a final notice in the Federal Register advising PHAs and the public of HUD's final determination on the subject of mandatory absorption of incoming portable families.

(3) HUD may provide financial or nonfinancial incentives (or both) to PHAs that absorb portability vouchers.

(e) Portability billing.

(1) To cover assistance for a portable family that was not absorbed in accordance with paragraph (d) of this section, the receiving PHA may bill the initial PHA for housing assistance payments and administrative fees.

(2) The initial PHA must promptly reimburse the receiving PHA for the full amount of the housing assistance payments made by the receiving PHA for the portable family. The amount of the housing assistance payment for a portable family in the receiving PHA program is determined in the same manner as for other families in the receiving PHA program.

(3) The initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under HAP contract on the first day of the month for which the receiving PHA is billing the initial PHA under this section. If administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill under this section (e.g., the receiving PHA may bill for the lesser of 80 percent of the initial PHA's prorated ongoing administrative fee or 100 percent of the receiving PHA's prorated ongoing administrative fee).
If both PHAs agree, the PHAs may negotiate a different amount of reimbursement.

(4) When a portable family moves out of the HCV program of a receiving PHA that has not absorbed the family, the PHA in the new jurisdiction to which the family moves becomes the receiving PHA, and the first receiving PHA is no longer required to provide assistance for the family.

(5) In administration of portability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD-required billing forms. The initial and receiving PHA must also comply with billing and payment deadlines under the financial procedures.

(6) A PHA must manage the PHA HCV program in a manner that ensures that the PHA has the financial ability to provide assistance for families that move out of the PHA's program under the portability procedures, and that have not been absorbed by the receiving PHA, as well as for families that remain in the PHA's program.

(7) HUD may reduce the administrative fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements.

(f) Portability funding.

(1) HUD may transfer units and funds for assistance to portable families to the receiving PHA from funds available under the initial PHA ACC.

(2) HUD may provide additional funding (e.g., funds for incremental units) to the initial PHA for funds transferred to a receiving PHA for portability purposes.

(3) HUD may provide additional funding (e.g., funds for incremental units) to the receiving PHA for absorption of portable families.

(4) HUD may require the receiving PHA to absorb portable families.

(g) Special purpose vouchers.

(1) The initial PHA must submit the codes used for special purpose vouchers on the form HUD-50058, Family Report, and the receiving PHA must maintain the codes on the Family Report, as long as the Receiving PHA chooses to bill the initial PHA.

(2) Initial and receiving PHAs must administer special purpose vouchers, such as the HUD-Veterans Affairs Supportive Housing vouchers, in accordance with HUD-established policy in cases where HUD has established alternative program requirements of such special purpose vouchers.

[80 FR 50573, Aug. 20, 2015]

[Admin]

New York
NY Portability
https://www.nyc.gov/assets/hpd/downloads/pdfs/services/port-in-faq-english.pdf
https://www.nyc.gov/assets/hpd/downloads/pdfs/services/port-out-faq-english.pdf

You can find the payments standards here:
https://www.nyc.gov/site/hpd/services-and-information/subsidy-and-payment-standards.page

The housing authority must then certify you as a landlord for the voucher program.

Gather official documents for submission to the housing authority, including:

  IRS Form W-9, which requires a landlord's Social Security number or Taxpayer Identification number, along with a copy of your Social Security card.
    A New Jersey- or government-issued ID.
    A completed Request for Tenancy Approval Form, which is signed by both landlord and renter.
It requires property information such as size, location and rental amount.
    A Landlord or Authorized Agent Certification, which certifies that the landlord will follow federal guidelines for the program.



Landlords can list with the Local Sect 8 Housing Authority

Choose the housing authority for your area by zip code or city name using HUD's website. Call the phone number listed to obtain the department or division that services landlords. For example, the "Housing Assistance Office" within the Atlantic City Housing Authority handles landlord applicants. Depending on the particular housing authority, you may also contact the office via fax, letter or e-mail.

A housing authority's website may also provide an agency-specific guide for landlords.

Provide the housing authority with the property details it requests, such as:

    A point of contact for interested Section 8 renters to call.
    Date rental unit is available.
    Number of bedrooms.
    Amenities.
    Rent price.
    Utilities that renters and landlord must pay.
    Security deposit amount.
    Pet policy.

The housing authority uses this information to list your property in its available-rental database.

Select a Section 8 Tenant and Submit Documents

Interested Section 8 renters will contact you directly to view the rental unit. You must screen Section 8 applicants as you would non-voucher holders, a process which likely includes a credit check, criminal background check, reference checks and an application.

Upon choosing a Section 8 renter for your unit, you may collect a security deposit.

[Admin]

 Pass the Housing Authority's Inspection and Rent Requirements

A Section 8 rental unit must meet HUD's Housing Quality Standards to ensure tenants receive safe and decent housing. The housing authority sends an inspector to your property and reports any needed repairs to the authority. You must make all repairs requested to gain approval for the program and have your unit certified.

Once your home passes the inspection phase, the authority will analyze the rent amount you plan to charge to ensure it falls within program limits for the area. HUD sets reasonable-rent limits annually for each county. To view current rent limits for the Section 8 program in New Jersey, visit the HUD website and select your county. The housing authority will inform you if your rental's price exceeds program limits, at which point you can choose to re-price the unit.

Rents are based on the number of bedrooms and median rents in the area.

For example, at the time of publication, the rent limit for a 2-bedroom rental unit was $1,176 in Atlantic County.

Tip

After choosing a tenant and passing inspections, you must complete and sign a formal lease agreement of at least one year with the Section 8 renter.

You must also sign certain HUD documents, or addenda.

[Admin]

How to Find a Home to Rent With a Section 8 Voucher


For most families, finding safe and sanitary housing is a priority. The Section 8 Housing Choice Voucher Program allows low-income families, the elderly and disabled to choose a suitable property and pay only a portion of the rent.

The Department of Housing and Urban Development funds Section 8 and gives local housing authorities oversight of the application and rental-unit selection process. You can either find approved Section 8 rentals or facilitate approval of a current rental, if it qualifies.

Check Your Housing Voucher

Your Section 8 voucher indicates the number of bedrooms you qualify to rent. The program allows you to rent a single-family detached house, apartment, condominium, town home or duplex in any area within the housing authority's jurisdiction, as long as the landlord agrees to Section 8 terms. The authority decides the appropriate number of bedrooms based on your household size.

It pays the difference between the full monthly rent for the unit and your maximum allowed payment. Section 8 recipients pay 30 percent of their gross adjusted income towards rent.

They may have to pay 40 percent if the rent exceeds fair market rent limits.

Warning

If you choose a unit that costs more than the housing authority has approved, you are responsible for paying the difference, which cannot exceed 40 percent of your income.

Likewise, should you choose a rental with fewer bedrooms than your voucher allows, the housing authority can re-adjust your rent subsidy, lowering the amount it will pay toward your rent.

Look Online

The housing authority that issues your Section 8 voucher may maintain a list of available rentals on its website. You also can check third-party websites that list Section 8 rentals available nationwide, such as GoSection8 http://www.gosection8.com/welcometenants.aspx and MyApartmentMap's affordable housing search engine.  http://www.myapartmentmap.com/affordable_housing/

HUD also maintains a national database of Section 8 rental listings.

The databases provide rental-unit details, such as address, number of bedrooms, rent amount and property photos. They also show the landlord or property management company's contact information to set up a viewing and inquire about the application process.

Submit An Application

As a Section 8 voucher holder, you already have passed certain income-qualifying and criminal background checks with the housing authority.

However, landlords conduct their own application and screening process of Section 8 applicants, as they would any other tenant.

Landlords aren't obligated to rent to a Section 8 tenant, even if the landlord is marketing to voucher holders.


You can ask your current landlord to accept your Section 8 voucher. A property owner not yet approved to participate in Section 8 must apply, and the rental unit must pass an inspection.

The housing authority inspects the unit before you move in and annually thereafter to ensure the home meets HUD's minimum standards for health and safety. Although a landlord isn't obligated to accept Section 8 tenants, if approved to rent to voucher recipients, the landlord must agree to all program guidelines and sign a contract with the housing authority as well as the tenant.

Property owners also may have to adhere to more stringent landlord-tenant rules than are required by state law, such as longer notice periods.

[Admin]

https://www.nj.gov/dca/codes/publications/pdf_lti/habitablity.pdf

New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
HABITABILITY BULLETIN
Updated September 2022


This bulletin provides basic information about the responsibilities of landlords and tenants for
maintaining rental units. Many citizens of the State reside in dwelling units that fail to meet
minimum standards of safety and sanitation. Tenants have a right to safe, sanitary and habitable
housing in New Jersey. This bulletin is for informational purposes only and should not be used
for legal interpretations or legal advice. Please consult an attorney for legal services and advice
when necessary.

Habitability

Tenants have the right to safe, sanitary and decent housing.

Residential leases carry an "implied
warranty of habitability." This means that a landlord has a duty to maintain the rental unit and
keep it fit for residential purposes throughout the entire term of the lease and that the landlord
must repair damage to vital facilities. The tenant is responsible for maintaining and returning the
property to the landlord in the same condition that the tenant received it, except for normal wear
and tear.

Note: Where damage has been caused by malicious or abnormal use by the tenant, the tenant
is responsible for the repair.

[Admin]

Reporting housing code violations

All buildings with three or more rental units must comply with the regulations for the
Maintenance of Hotels and Multiple Dwellings and must be registered with the Bureau of
Housing Inspection. The Bureau of Housing Inspection is the enforcement agency for housing
code violations in buildings with three or more rental units.

To file a complaint contact
the Bureau of Housing Inspection at (609) 633-6227 or BHIInspections@dca.nj.gov.


Multiple dwelling units are required to be inspected periodically. One and two unit buildings
do not fall under the jurisdiction of the Bureau of Housing Inspection. One and two unit
buildings that are not owner-occupied must comply with any applicable local ordinances and
must register with the Clerk in the municipality in which the residential property is located. No
registration is required for owner occupied two family houses. When the heating equipment in
a residential unit fails and the landlord does not take appropriate action after receiving proper
notice from the tenant, the local board of health may act as agent for the landlord and order
the repairs to fix the equipment. Evictions cannot be filed unless the rental property is
registered.

NOTE: THE LOCAL HEALTH AGENCY IN YOUR MUNICIPALITY SHOULD BE
CALLED FOR LACK OF HEAT AND HOT WATER. LOCAL AGENCIES RESPONSIBLE
FOR HOUSING INSPECTIONS SHOULD BE CALLED FOR UNINHABITABLE
STRUCTURAL CONDITIONS.

Remedies if the landlord fails to maintain the property in a habitable condition
If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital
deficiencies and deduct the amount of the repair from the rent. The landlord's failure to maintain
the property could also lead to what is called a constructive eviction by the tenant. (See below for
explanation) The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a
portion of the rent.

Before applying the remedies of repair and deduct, constructive eviction, rent abatement or
withholding the rent or a portion of the rent, the following must apply:

1. The defect must be of a "vital facility." Vital facilities are those things necessary to make
the rental unit habitable. Examples of defects to vital facilities include: broken toilets,
no hot or cold water, lack of heat or electricity or broken windows.

2. The tenant must not have caused the condition.

3. The tenant must have notified the landlord that the deficient condition existed and
allowed the landlord adequate time to fix the defect. Notice should be given in writing
and by certified mail, return receipt requested.

1. Repair and deduct

Marini v. Ireland, 56 N.J. 130 authorized the self-help remedy of repair and deduct. A
tenant may repair vital facilities deficiencies and deduct the amount of the repair from the
rent.

[Admin]

2. Constructive eviction

Constructive eviction means that a tenant may break the lease without penalties because
the landlord is guilty of neglect or default, which makes the premises unsafe, unfit or
unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 446, established the
foundation for constructive eviction.

If a tenant invokes the remedy of constructive eviction, and the landlord is found to be
negligent in maintaining the rental unit, the tenant is entitled to the return of the security
deposit and is not responsible for the rent for the balance of the lease or the cost of re-
renting the property.

[Admin]

3. Rent abatement (reduction)

Upon entering into a lease, the tenant's promise to pay rent and the landlord's warranty of
habitability are dependent.

In Berzito v. Gambino, 63 N.J. 460, the court held that a
tenant claiming that the landlord did not maintain the property in a habitable condition
may initiate an action to recover all or part of the deposit paid when the lease was
finalized or all of the rent paid. If the court finds that the landlord did not maintain the
property in a habitable condition, the tenant will be charged only with the reasonable
rental value of the property in its imperfect condition during the tenancy.

[Admin]

4. Withholding the rent or a portion of the rent

If the landlord breaches his obligation of maintaining the property at an adequate
standard of habitability, a tenant may withhold the rent or a portion of the rent to be used
as a set-off, because of the deficient condition. If the landlord institutes an eviction
proceeding for non-payment of rent, the tenant is entitled to use the landlord's breach of
his obligation to provide a habitable residence as a defense and justification for the set-off
(deduction of rental payment).

[Admin]

5. Rent Receivership

The law promoting safe and sanitary housing for tenants of substandard dwellings
(N.J.S.A. 2A:42-85, et seq.) was enacted after the Berzito decision. The law authorizes
tenants in substandard dwelling units to deposit their rents with a court-appointed
administrator for use in remedying defective conditions.

If there is a difference in the
market value of the premises in its defective condition and the amount of rent that the
tenant paid to the court administrator, the tenant may be entitled to a rent abatement and
may only be charged the reasonable rental value of the property in its imperfect
condition. To use this remedy, a tenant or housing inspector may file a complaint in the
court of the municipality in which the property is located.

In the case of Park Hill Terrace v. Glennon, Mitnick, and Stoff, 146 N.J. Super. 68, the court
held that air conditioning was a part of the original tenancy and that its failure affected the
habitability of the premises.

Note: Not every defect or inconvenience is considered a breach of the warranty of habitability.

Each case must be judged on it own facts.

To avoid eviction, any rent withheld by the tenant
should be saved and accessible in case the court requires the tenant to pay the outstanding
rent.

In emergency situations created by the landlord or resulting from his negligence, the landlord
may be responsible to bear a tenant's expenses in obtaining alternative housing during the
emergency. Expenses may be deducted from the rent. However, the expenses must be
reasonable.

[Admin]

Utility requirements

From October 1st to May 15th, the rental premises shall be maintained at a temperature of at
least 68 degrees Fahrenheit between the hours of 6:00 a.m. and 11:00 p.m.; between the hours
of 11:00 p.m. and 6:00 a.m. the rental premises shall be maintained at a temperature of at least
65 degrees Fahrenheit.

The hot water temperature should be maintained at a minimum of 120
degrees and a maximum of a 160 degrees Fahrenheit.


Utility companies are prohibited from shutting off utilities in tenant-occupied buildings whose
owners have failed to make payments, without first notifying the tenant of the impending
disconnection.

Before disconnecting utility services, the utility company must give the tenant an
opportunity to agree to make future payments.

[Admin]

Paint requirements

Interior walls, ceilings and other exposed surfaces in rental units must be kept smooth, clean, free
of flaking, loose or peeling paint, plaster or paper and maintained in a sanitary condition.


Painting or other protective coatings are the responsibility of the occupant, not the landlord when
required more than once every three years, as a result of acts or omissions of the tenant. (Rental
units are not required to be painted between tenants.)

Landlords of certain types of buildings must notify prospective tenants of lead-based paint
hazards in the dwelling they wish to rent and provide them with information about the
identification and control of such hazards.

If the dwelling was built before 1978, contains
bedrooms and is to be rented for more than 100 days, the landlord must provide tenants with an
information pamphlet entitled "Protect Your Family from Lead in Your Home".

Also, the lease agreement must include a federal disclosure form about lead-based paint or lead based hazards in the property and any lead evaluation reports must be attached to the form.

The landlord may be unaware of a lead hazard, however, that does not mean that one does not exist. A local board of
health has the authority to order the removal of lead paint from the interior of a dwelling unit
when it causes a danger to occupants.

Housing for the elderly or persons with disabilities are exempt from this disclosure requirement
unless a child under the age of six resides with such persons. For additional information and to
order a copy of the pamphlet, contact the National Lead Information Center at (800) 424-
5323(LEAD) or (800) 526-5456 for the hearing impaired. For bulk copies call (202) 512-1800.
Requests can be faxed to (202) 659-1192. Information can also be found on the HUD Office of
Healthy Homes and Lead Hazard Control website, which is:
http://www.hud.gov/offices/lead/index.cfm.