Eviction Act

§NJSA 2A:18-61.1. Grounds for removal of tenants.

No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by
the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for
residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other
guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on
behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of
the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which
is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception
(2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except
upon establishment of one of the following grounds as good cause:

a. The person fails to pay rent due and owing under the lease whether the same be oral or written.

b. The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the
occupants or other tenants living in said house or neighborhood.

c. The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the
premises.

d. The person has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and
regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in
writing by the tenant or made a part of the lease at the beginning of the lease term.

e. (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or
agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a
violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in
the lease at the beginning of the lease term.

(2) In public housing under the control of a public housing authority or redevelopment agency, the person has substantially
violated or breached any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses
of controlled dangerous substances, or other illegal activities, whether or not a right of reentry is reserved to the landlord in
the lease for a violation of such covenant or agreement, provided that such covenant or agreement conforms to federal
guidelines regarding such lease provisions and was contained in the lease at the beginning of the lease term.

f. The person has failed to pay rent after a valid notice to quit and notice of increase of said rent, provided the increase in
rent is not unconscionable and complies with any and all other laws or municipal ordinances governing rent increases.

g. The landlord or owner (1) seeks to permanently board up or demolish the premises because he has been cited by local
or State housing inspectors for substantial violations affecting the health and safety of tenants and it is economically
unfeasible for the owner to eliminate the violations; (2) seeks to comply with local or State housing inspectors who have
cited him for substantial violations affecting the health and safety of tenants and it is unfeasible to so comply without
removing the tenant; simultaneously with service of notice of eviction pursuant to this clause, the landlord shall notify the
Department of Community Affairs of the intention to institute proceedings and shall provide the department with such other
information as it may require pursuant to rules and regulations. The department shall inform all parties and the court of its
view with respect to the feasibility of compliance without removal of the tenant and may in its discretion appear and present
evidence; (3) seeks to correct an illegal occupancy because he has been cited by local or State housing inspectors or
zoning officers and it is unfeasible to correct such illegal occupancy without removing the tenant; or (4) is a governmental
agency which seeks to permanently retire the premises from the rental market pursuant to a redevelopment or land
clearance plan in a blighted area. In those cases where the tenant is being removed for any reason specified in this
subsection, no warrant for possession shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362
(C.20:4-1 et seq.) have been complied with.

h. The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a
mobile home park, provided this subsection shall not apply to circumstances covered under subsection g. of this section.

i. The landlord or owner proposes, at the termination of a lease, reasonable changes of substance in the terms and
conditions of the lease, including specifically any change in the term thereof, which the tenant, after written notice, refuses
to accept; provided that in cases where a tenant has received a notice of termination pursuant to subsection g. of section 3
of P.L.1974, c.49 (C.2A:18-61.2), or has a protected tenancy status pursuant to section 9 of the "Senior Citizens and
Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.30), or pursuant to the "Tenant Protection Act of 1992,"
P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in the
terms and conditions of the lease, rental or regulations both is reasonable and does not substantially reduce the rights
and privileges to which the tenant was entitled prior to the conversion.

j. The person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and
owing.

k. The landlord or owner of the building or mobile home park is converting from the rental market to a condominium,
cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in
subsection l. of this section. Where the tenant is being removed pursuant to this subsection, no warrant for possession
shall be issued until this act has been complied with. No action for possession shall be brought pursuant to this subsection
against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the "Senior Citizens and
Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.), or against a qualified tenant under the "Tenant
Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), as long as the agency has not terminated the protected
tenancy status or the protected tenancy period has not expired.

l. (1) The owner of a building or mobile home park, which is constructed as or being converted to a condominium,
cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master
deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell
the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of
closing. However, no action shall be brought against a tenant under paragraph (1) of this subsection unless the tenant was
given a statement in accordance with section 6 of P.L.1975, c.311 (C.2A:18-61.9);

(2) The owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began by
rental from an owner of three or less units after the master deed or agreement establishing the cooperative was recorded,
because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to
personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing;

(3) The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the
residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the
time of closing.

m. The landlord or owner conditioned the tenancy upon and in consideration for the tenant's employment by the landlord
or owner as superintendent, janitor or in some other capacity and such employment is being terminated.

n. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of
an act which if committed by an adult would constitute an offense under the "Comprehensive Drug Reform Act of 1987,"
N.J.S.2C:35-1 et al. involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous
substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the
leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which
those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed
or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to
N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person
who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises
for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person
harboring or permitting a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of
an act which if committed by an adult would constitute the offense of use or possession under the said act. No action for
removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or
more than two years after the person's release from incarceration whichever is the later.

o. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of
an act which if committed by an adult would constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault,
or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or, being the
tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or
has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes,
whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two
years after the adjudication or conviction or more than two years after the person's release from incarceration whichever is
the later.

p. The person has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under
this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the
landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving
assault or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord, or
under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., involving the use, possession, manufacture,
dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug
paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings
and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection
with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation
while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased
premises, knowingly harbors or harbored therein a person who committed such an offense, or otherwise permits or
permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except
that this subsection shall not apply to a person who harbors or permits a juvenile to occupy the premises if the juvenile has
been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or
possession under the said "Comprehensive Drug Reform Act of 1987."

q. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of
an act which if committed by an adult would constitute an offense under N.J.S.2C:20-1 et al. involving theft of property
from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or
lessee of such leased premises, knowingly harbors therein a person who has been so convicted or has so pleaded, or
otherwise permits such a person to occupy those premises for residential purposes, whether continuously or intermittently.

For purposes of this section, (1) "developmental disability" means any disability which is defined as such pursuant to
section 3 of P.L.1977, c.82 (C.30:6D-3); (2) "member of the immediate family" means a person's spouse, parent, child or
sibling, or a spouse, parent, child or sibling of any of them; and (3) "permanently" occupies or occupied means that the
occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or property
taxes are paid on the occupant's behalf.

HISTORY: 1989, c. 294, § 1; 1991, c. 91, § 68; 1991, c. 307; 1991, c. 509, § 19; 1993, c. 342, § 1; 1995, c. 269; 1996, c.
131; 1997, c. 228, § 1.

§ 2A:18-61.1b. Permanent retirement from residential use

If an owner seeks an eviction alleging permanent retirement of the premises from residential use pursuant to
subsection h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) and if, pursuant to land use law, nonresidential use of the
premises is not permitted as a principal permitted use or is limited to accessory, conditional or public use, a rebuttable
presumption is created that the premises are not and will not be permanently retired from residential use. Residential
premises that are unoccupied, boarded up or otherwise out of service shall not be deemed retired from residential use
unless they are converted to a principal permitted nonresidential use. No tenant shall be evicted pursuant to subsection
h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) if any State or local permit or approval required by law for the
nonresidential use is not obtained. Nothing contained in this section shall be deemed to require obtaining a certificate of
occupancy for the proposed use prior to an eviction. The detail specified in notice given pursuant to subsection d. of
section 3 of P.L. 1974, c. 49 (C. 2A:18-61.2) shall disclose the proposed nonresidential use to which the premises are to
be permanently retired.

§ 2A:18-61.1c. 5-year restriction

The Department of Community Affairs shall not approve an application for registration of conversion pursuant to "The
Planned Real Estate Development Full Disclosure Act," P.L. 1977, c. 419 (C. 45:22A-21 et seq.) for any premises for a
period of five years following the date on which any dwelling unit in the premises becomes vacant after notice has been
given that the owner seeks to permanently board up or demolish the premises or seeks to retire permanently the
premises from residential use pursuant to subsection g.(1) or h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1). Within
five days of the date on which any owner provides notice of termination to a tenant pursuant to subsection g.(1) or h. of
section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1), the owner shall provide a copy of the notice to the Department of Community
Affairs.

§ 2A:18-61.1d. Maximum authorized rent

In a municipality which has an ordinance regulating rents in effect, if a dwelling unit in the premises becomes vacated
after notice has been given that the owner seeks to permanently board up or demolish the premises or seeks to retire
permanently the premises from residential use pursuant to subsection g.(1) or h. of section 2 of P.L. 1974, c. 49 (C.
2A:18-61.1) and if any time thereafter an owner permits the personal occupancy of the premises, the maximum rent
authorized for a unit in the premises shall not exceed the rent that would have been authorized for that unit if there had
been no vacancy or change of tenancy for the unit. Increased costs which occur during the period of vacancy, which are
solely the result of the premises being vacated, closed and reoccupied and which do not add services or amenities not
previously provided, or which add new services or amenities whose costs significantly reduce the affordability of the
premises, shall not be used as a basis for any rent increase pursuant to any municipal rent regulation provision, fair return
or hardship hearing before a municipal rent board or any appeal from such determination. Increased costs of new services
and amenities create a rebuttable presumption that they significantly reduce the affordability of the premises, if they result
in a doubling of the rent increases otherwise permitted by law during the period of vacancy. Within five days of the date on
which any owner provides notice of termination to a tenant pursuant to subsection g.(1) or h. of section 2 of P.L. 1974, c.
49 (C. 2A:18-61.1), the owner shall provide a copy of the notice to the municipal agency responsible for administering the
regulation of rents in the municipality. The owner's notice to the municipal agency shall also include a listing of the current
tenants and rents for each dwelling unit in the premises, unless the owner has previously submitted to the municipal
agency a listing which is still current.

§ 2A:18-61.1e. Rights of former tenants

If a dwelling unit becomes vacated after notice has been given that the owner seeks to permanently board up or
demolish the premises or seeks to retire permanently the premises from residential use pursuant to paragraph (1) of
subsection g. or subsection h. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and if at any time thereafter an owner instead
seeks to return the premises to residential use, the owner shall provide the former tenant:

a. Written notice 90 days in advance of any return to residential use or any agreement for possession of the unit by any
other party, which notice discloses the owner's intention to return the unit to residential use and all appropriate specifics;

b. The right to return to possession of the vacated unit or, if return is not available, the right to possession of affordable
housing relocation in accord with the standards and criteria set forth for comparable housing as defined by section 4 of
P.L.1975, c.311 (C.2A:18-61.7); and

c. In the case of a conversion, the right to a protected tenancy pursuant to the "Senior Citizens and Disabled Protected
Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et seq.), or pursuant to the "Tenant Protection Act of 1992," P.L.1991, c.509
(C.2A:18-61.40 et al.), if the former tenant would have at the time of the conversion been eligible for a protected tenancy
under either of those acts, had the former tenant not vacated the premises.

The 90-day notice shall disclose the tenant's rights pursuant to this section and the method for the tenant's response to
exercise these rights. A duplicate of the notice shall be transmitted within the first five days of the 90-day period to the
rent board in the municipality or the municipal clerk, if there is no board. Notwithstanding the provisions of subsection c. of
section 3 of P.L.1975, c.311 (C.2A:18-61.6), damages awarded shall not be trebled where possession has been returned in
accord with this section; nor shall any damages be awarded as provided for in subsection e. of section 3 of P.L.1975, c.311
(C.2A:18-61.6). An owner who fails to provide a former tenant a notice of intention to return to residential use pursuant to
this section is liable to a civil penalty of not less than $2,500.00 or more than $10,000.00 for each offense, and shall also
be liable in treble damages, plus attorney fees and costs of suit, for any loss or expenses incurred by a former tenant as a
result of that failure. The penalty prescribed in this section shall be collected and enforced by summary proceedings
pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part, in
the county in which the rental premises are located shall have jurisdiction over such proceedings. Process shall be in the
nature of a summons or warrant, shall issue upon the complaint of the Commissioner of the Department of Community
Affairs, the Attorney General, or any other person. No owner shall be liable for a penalty pursuant to this section if the unit
is returned to residential use more than five years after the date the premises are vacated or if the owner made every
reasonable effort to locate the former tenant and provide the notice, including, but not limited to, the employment of a
qualified professional locator service, where no return receipt is obtained from the former tenant.

In any action under this section the court shall, in addition to damages, award any other appropriate legal or equitable
relief.

HISTORY: Amended 1991, c. 509, § 20.

§ 2A:18-61.1f. Local ordinances permitted

Nothing contained in this 1986 amendatory and supplementary act shall authorize any civil action to require that dwelling
units remain vacant, shall limit any defense or challenge to evictions that is otherwise provided by law or shall prohibit any
provision of a local ordinance which is not less restrictive, except as prohibited pursuant to subsection e. of section 3 of P.L.
1975, c. 311 (C. 2A:18-61.6). Except as provided in subsection e. of section 3 of P.L. 1975, c. 311 (C. 2A:18-61.6), local
ordinances may facilitate the objectives of this 1986 amendatory and supplementary act pertaining to premises where
tenants have received notice pursuant to subsection g.(1) or h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1), including,
but not limited to, any ordinance intended to:

a. Require owners to obtain and register tenants' current and forwarding addresses;

b. Provide to tenants and former tenants who have received notice of termination pursuant to subsection g.(1) or h. of
section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) basic information on their relevant rights;

c. Provide a municipal registry for former tenants to file current addresses for receiving notice; and

d. Assist in locating former tenants who become entitled to receive notice pursuant to section 6 of this 1986 amendatory
and supplementary act.

§ 2A:18-61.1g. Relation of displaced tenant

a. A municipality may enact an ordinance providing that any tenant who receives a notice of eviction pursuant to section
3 of P.L.1974, c.49 (C.2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy, as set
forth in paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), shall be considered a displaced
person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the
displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this
section.

b. A municipality that has enacted an ordinance pursuant to subsection a. of this section may pay relocation assistance to
any displaced person who has not received the required payment from the owner of the structure at the time of eviction
pursuant to subsection a. of this section from a revolving relocation assistance fund established pursuant to section 2 of
P.L.1987, c.98 (C.20:4-4.1a). All relocation assistance costs incurred by a municipality pursuant to this subsection shall be
repaid by the owner of the structure to the municipality in the same manner as relocation costs are billed and collected
under section 1 of P.L.1983, c.536 (C.20:4-4.1) and section 1 of P.L.1984, c.30 (C.20:4-4.2). These repayments shall be
deposited into the municipality's revolving relocation assistance fund.

c. A municipality that has enacted an ordinance pursuant to subsection a. of this section, in addition to requiring
reimbursement from the owner of the structure for relocation assistance paid to a displaced tenant, may require that an
additional fine for zoning or housing code violation for an illegal occupancy, up to an amount equal to six times the
monthly rental paid by the displaced person, be paid to the municipality by the owner of the structure.

d. For the purposes of this section, the owner of a structure shall exclude mortgagees in possession of a structure through
foreclosure.

HISTORY: L. 1993, c. 342, § 3.

§ 2A:18-61.1h. Reimbursement to displaced tenant

a. If a residential tenant is displaced because of an illegal occupancy in a residential rental premises pursuant to
paragraph (3) of subsection g. of section 2 of P.L.1974, c.49 (C.2A:18-61.1) and the municipality in which the rental
premises is located has not enacted an ordinance pursuant to section 3 of P.L.1993, c.342 (C.2A:18-61.1g), the displaced
residential tenant shall be entitled to reimbursement for relocation expenses from the owner in an amount equal to six
times the monthly rental paid by the displaced person.

b. Payment by the owner shall be due five days prior to the removal of the displaced tenant. If payment is not made within
this time, interest shall accrue and be due to the displaced residential tenant on the unpaid balance at the rate of 18% per
annum until the amount due and all interest accumulated thereon shall be paid in full.

c. If reimbursement for which an owner is liable is not paid in full within 30 days of removal of the tenant, the unpaid
balance thereof and all interest accruing thereon and, in addition thereto, an amount equal to six times the monthly rental
paid by the displaced tenant shall be a lien upon the parcel of property on which the dwelling of the displaced residential
tenant was located, for the benefit of that tenant. To perfect the lien, a statement showing the amount and due date of
the unpaid balance and identifying the parcel shall be recorded with the county clerk or registrar of deeds and mortgages
of the county in which the affected property is located, and upon recording, the lien shall have the priority of a mortgage
lien. Identification of the parcel by reference to its designation on the tax map of the municipality shall be sufficient for
purposes of recording. Whenever the unpaid balance and all interest accrued thereon has been fully paid, the displaced
residential tenant shall promptly withdraw or cancel the statement, in writing, at the place of recording.

d. This section shall not authorize the enforcement of a lien for actual reasonable moving expenses with respect to any
real property the title to which has been acquired by a municipality and which has been transferred pursuant to a
rehabilitation agreement.

e. For the purposes of this section, the owner of a structure shall exclude mortgagees in possession of a structure through
foreclosure.

HISTORY: L. 1993, c. 342, § 4.

§ 2A:18-61.2. Removal of residential tenants; required notice; contents; service.

No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment
of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for
delivery of possession of the premises. The following notice shall be required:

a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c.
of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice prior to the institution of the
action for possession;

b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach
of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of
the action for possession;

c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the
action;

d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution
of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;

e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's
notice prior to institution of action;

f. For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the
action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;

g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action,
and provided that where there is a written lease in effect, no action shall be instituted until the lease expires;

h. In public housing under the control of a public housing authority or redevelopment agency, for an action alleging
substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the
institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases.

The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall
be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by
leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by
certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.

HISTORY: 1989, c. 294, § 2; 1997, c. 228, § 2.

§ 2A:18-61.3. Causes for eviction or nonrenewal of lease

a. No landlord may evict or fail to renew any lease of any premises covered by section 2 of this act except for good
cause as defined in section 2.

b. A person who was a tenant of a landlord in premises covered by section 2 of P.L.1974, c.49 (C.2A:18-61.1) may not
be removed by any order or judgment for possession from the premises by the owner's or landlord's successor in
ownership or possession except:

(1) For good cause in accordance with the requirements which apply to premises covered pursuant to P.L.1974, c.49
(C.2A:18-61.1 et al.); or

(2) For proceedings in premises where federal law supersedes applicable State law governing removal of occupants; or

(3) For proceedings where removal of occupants is sought by an authorized State or local agency pursuant to eminent
domain or code or zoning enforcement laws and which comply with applicable relocation laws pursuant to the "Relocation
Assistance Law of 1967," P.L.1967, c.79 (C.52:31B-1 et seq.), the "Relocation Assistance Act," P.L.1971, c.362
(C.20:4-1 et seq.) or section 3 of P.L.1993, c.342 (C.2A:18-61.1g).

Where the owner's or landlord's successor in ownership or possession is not bound by the lease entered into with the
former tenant and may offer a different lease to the former tenant, nothing in P.L.1986, c.138 shall limit that right.

HISTORY: L. 1993, c. 342, § 2.

§ 2A:18-61.3a. Mobile home parks; restrictions on "for sale" signs; prohibition

No mobile home park owner or operator may evict a mobile home resident for posting in or on his mobile home a "for
sale" sign or similar notice of the private sale of the mobile home. Nor may a mobile home park owner or operator prohibit
or unreasonably restrict such posting by any means, including but not limited to, rules and regulations of the mobile home
park or written leases or rental agreements between the park owner or operator and mobile home residents.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.11 (1999)

§ 2A:18-61.11. Comparable housing; offer of rental; stay of eviction; alternative compensation; senior citizens and
disabled protected tenancy period

a. Tenants receiving notice under section 3 g. of P.L.1974, c. 49 may request of the landlord within 18 full months after
receipt of such notice, and the landlord shall offer to the tenant, personally or through an agent, the rental of comparable
housing or park site and a reasonable opportunity to examine and rent such comparable housing or park site. In any
proceeding under subsection 2 k. of P.L.1974, c. 49 instituted following the expiration of notice required under section 3 g.
of P.L.1974, c. 49, the owner shall prove that a tenant was offered such comparable housing or park site and provided such
reasonable opportunity to examine and rent such housing or park site as requested pursuant to this section. The court
shall authorize 1-year stays of eviction with reasonable rent increases until such time as the court is satisfied that the
tenant has been offered comparable housing or park site and provided a reasonable opportunity to examine and rent such
housing or park site as requested pursuant to this section. However, in no case shall more than five such stays be granted.

b. The court shall automatically renew any 1-year stay of eviction in any case where the landlord failed to allege to the
court within 1 year of a prior stay that the tenant was offered a reasonable opportunity to examine and rent comparable
housing or park site within such prior year.

c. However the court shall not authorize any further stays at any time after one such stay has been authorized when the
owner has also provided a tenant with hardship relocation compensation of waiver of payment of 5 months' rent.

d. On or after the effective date of the "Senior Citizens and Disabled Protected Tenancy Act," P.L. 1981, c. 226 (C.
2A:18-61.22 et seq. ), notwithstanding the provisions of subsection a. of this section, where the court has jurisdiction
pursuant to that subsection, whether by virtue of the authorization by the court of a stay of eviction or by virtue of any
other proceedings required or instituted pursuant to P.L.1974, c. 49 (C. 2A:18-61.1 et seq.) or P.L.1975, c. 311 (C.
2A:18-61.6 et seq.), or in any action for declaratory judgment, the court may invoke some or all of the provisions of the
"Senior Citizens and Disabled Protected Tenancy Act" and grant to a tenant, pursuant to that amendatory and
supplementary act, a protected tenancy period upon the court's determination that:

(1) The tenant would otherwise qualify as a senior citizen tenant or disabled tenant pursuant to that amendatory and
supplementary act, except that the building or structure in which the dwelling unit is located was converted prior to the
effective date of that amendatory and supplementary act; and

(2) The granting of the protected tenancy period as applied to the tenant, giving particular consideration to whether a unit
was sold on or before the date that the amendatory and supplementary act takes effect to a bona fide individual purchaser
who intended personally to occupy the unit, would not be violative of concepts of fundamental fairness or due process.
Where a court declines to grant a protected tenancy status, it shall nevertheless order such hardships stays as authorized
by subsections a. and b. of this section until comparable relocation housing is provided. The hardship relocation
compensation alternative of subsection c. of this section shall not be applicable in this situation.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.12 (1999)

§ 2A:18-61.12. Rules and regulations

In accordance with the "Administrative Procedure Act" (P.L.1968, c. 410, C. 52:14B-1 et seq.), the Department of
Community Affairs shall adopt rules and regulations setting forth procedures required to be followed by landlords in
providing tenants a reasonable opportunity to examine and rent comparable housing and setting forth procedures and
content for information required to be disclosed to tenants regarding such procedures, the rights and responsibilities of
tenants under this act, and the plans and proposals of landlords which may affect any tenant in order to maximize tenants'
ability to exercise rights provided under this act. Any rules and regulations adopted under this section shall only be
applicable to tenants and owners of a building or mobile home park which is being, or is about to be converted from the
rental market to a condominium, cooperative or to fee simple ownership of the several dwelling units or park sites, or to
any mobile home park being permanently retired from the rental market.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.13 (1999)

§ 2A:18-61.13. Legislative findings

The Legislature finds, as a result of the "Casino Control Act" (P.L.1977, c. 110, C. 5:12-1 et seq.) and the introduction of
legalized casino gaming in Atlantic City, that:

a. Additional investment capital has been attracted to Atlantic City and hotels, tourist and entertainment facilities and other
properties are being refurbished and expanded;

b. There has been a substantial increase in the value of land and buildings in Atlantic City;

c. Many landlords in Atlantic City are converting or demolishing residential apartments so that they can make more
profitable use of their property as a hotel, motel, vacation licensing facility, guest house or other use directly or indirectly
related to casino gaming and tourism;

d. Such conversion is forcing the displacement of a large number of residential tenants, many of whom are either senior
citizens or persons of low and moderate income;

e. There is an acute housing shortage in Atlantic City and in nearby municipalities, and the massive displacement of
tenants through conversions or demolitions will make it impossible for displaced tenants to find decent housing at a price
they can afford;

f. Although new housing in Atlantic City is being planned to relieve the housing crisis, it will be at least several years before
this housing can be produced;

g. The displacement of such tenants without any relocation assistance will force many of them into substandard housing,
which does not meet the minimum standards of safety and sanitation, will encourage overcrowding and the blighting of
residential neighborhoods in Atlantic City and constitutes a serious threat to the public health, welfare and safety;

h. Landlords seeking to take advantage of the windfall increase in the value of their property caused by the enactment of
the "Casino Control Act," and to convert their property to a more profitable use than rental housing have a duty to provide
relocation assistance or compensation to the tenants they are displacing;

i. In order to protect the public health, safety and welfare, no such tenant after the date this act takes effect shall be
evicted unless he has been provided adequate relocation assistance and compensation or either thereof.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.14 (1999)

§ 2A:18-61.14. Atlantic City; removal of residential tenants; time of required notice; second notice for relocation
alternatives

Notwithstanding the provisions of section 3 of P.L.1974, c. 49 (C. 2A:18-61.2) to the contrary, in any municipality in
which casino gaming is authorized, 1 year's notice shall be required prior to the institution of an action alleging
permanent retirement under subsection h. of section 2 of P.L.1974, c. 49 (C. 2A:18-61.1) with respect to a tenant who is
a permanent domiciliary in such municipality; provided, that where there is a written lease in effect no action shall be
instituted until the lease expires. The notice shall provide the tenant with the information required by section 6 of this
act. In the event that a landlord chooses one of the relocation alternatives authorized by section 4 of this act, he shall
send a second notice in accordance with the requirements of section 4 of this act at least 6 months prior to the
institution of an action for possession.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.15 (1999)

§ 2A:18-61.15. Offer to tenant of rental of comparable housing

A landlord seeking to remove a tenant who is a permanent domiciliary under subsection h. of section 2 of P.L.1974, c. 49
(C. 2A:18-61.1) in such municipality shall offer to the tenant, personally or through an agent, the rental of comparable
housing as defined in section 4 of P.L.1975, c. 311 (C. 2A:18-61.7) in such municipality or within 10 miles thereof and a
reasonable opportunity to examine and rent such comparable housing.

In order to satisfy his obligation under this section, the landlord shall document at least two separate comparable housing
units which the tenant was offered a reasonable opportunity to examine and rent, and shall include in any complaint filed
for possession of the demised premises the details of each such offer or a description of any attempt to secure
comparable housing units to offer to the tenant.

*** THIS SECTION IS CURRENT THROUGH P.A. 1999, CHAPTER 155 ***
*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.16 (1999)

§ 2A:18-61.16. Inability to provide tenant relocation; alternatives

If the landlord is unable to provide the tenant relocation into comparable rental housing because of the housing
shortage, he may as an alternative to relocation:

a. Pay the tenant an amount equal to 5 months' rent; or

b. Allow the tenant to remain in the unit for an additional 5 months beyond the notice period during which time the
payment of rent shall be waived. The landlord may utilize this alternative only if he maintains the premises in substantially
the same condition as they were prior to the sending of the notice to deliver possession.

If the landlord chooses to exercise either of these alternatives to relocation, he shall notify the tenant in writing of the
alternative that has been chosen at least 6 months prior to the institution of an action for possession. In the event that
the landlord chooses the alternative pursuant to subsection a. of this section, payment to the tenant of the specified
amount shall accompany the notice.

*** (NEW JERSEY 208TH LEGISLATURE, SECOND ANNUAL SESSION) ***

TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
SUBTITLE 4. CIVIL ACTIONS
CHAPTER 18. SUPERIOR COURT, LAW DIVISION, SPECIAL CIVIL PART

N.J. Stat. § 2A:18-61.16a (1999)

§ 2A:18-61.16a. Rent defined

"Rent" means the amount currently payable by the tenant to the landlord pursuant to lease or other agreement,
without regard to any modification thereof by any authorized board or agency, or any court.