N.J. Admin. Code § 5:24-1.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:24-1.6 - Rights of tenants and mobile home owners in occupancy

(a) Tenants in occupancy prior to the recording of the master deed, deed establishing a fee simple lot or deed transferring the property to a cooperative corporation or association who have received the three year notice of eviction on the grounds of conversion, or mobile home owners who have received the 18 month notice of eviction on the grounds of permanent retirement of the mobile home park from the rental market, have the right, for 18 full months after the receipt of such notice, to request of the landlord, and to be offered by the landlord, personally or through an agent, a reasonable opportunity to examine and rent "comparable housing," as defined in 5:24-1.2.

(b) In order to be deemed to have offered a tenant or a mobile home owner a reasonable opportunity to examine and rent comparable housing, a landlord, or a person clearly authorized by a letter to the tenant or mobile home owner to be the landlord's agent, must offer a comparable rental unit or mobile home park site fulfilling the definition of "comparable housing" set forth in 5:24-1.2. An offer of comparable housing must include the following elements:

1. The offer must be made with reasonable notice in order to give the tenant or mobile home owner a fair opportunity to examine and rent the unit or mobile home park site. Reasonable notice must be given to the tenant or mobile home owner by personal service or certified mail no less than 72 hours in advance, exclusive of legal holidays, of the opportunity to examine comparable housing;

2. If the landlord of the proposed comparable unit or mobile home park site should reject the application of any tenant or mobile home owner for such comparable housing, the offer shall not be construed as an offer of comparable housing as required in these rules; and

3. In no case shall a comparable rental unit or mobile home park site be deemed to have been offered if it was not available to be rented to the tenant or mobile home owner.

N.J. Admin. Code § 5:24-1.6

Amended by R.1985 d.529, effective 10/21/1985.
See: 17 New Jersey Register 1706(a), 17 New Jersey Register 2536(a).
Substantially amended.
Amended by R.1990 d.507, effective 10/15/1990.
See: 22 New Jersey Register 2208(a), 22 New Jersey Register 3218(a).
Comparable housing moved to 1.1; provision for mobile home owners added.