N.J. Admin. Code § 5:24-1.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:24-1.7 - Evictions

(a) In order to evict for conversion from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites at the end of the three year notice period, or in order to evict for permanent retirement of a mobile home park from the rental market and the end of the 18 month notice period, the landlord must prove in court that the tenant or mobile home owner was offered comparable housing as requested and as defined in 5:24-1.2 and reasonable opportunity to examine and rent such housing, as described in 5:24-1.6(b).

(b) The court has authority under P.L. 1975, c. 311, as amended, to authorize one-year stays of eviction with reasonable rent increases until the court is satisfied that the tenant or mobile home owner has been offered comparable housing and a reasonable opportunity to examine and rent such housing.

(c) If, after at least one one-year stay has been authorized, the landlord provides the tenant or mobile home owner with a "hardship relocation compensation," which shall consist of a waiver of payment of five months' rent, and has demonstrated this to the court, then the court cannot authorize any further stays. A warrant for possession could then issue at the end of the one-year stay.

(d) If the landlord does not provide the relocation compensation of five months' rent and fails, within one year of a prior stay, to allege to the court that the tenant was offered a reasonable opportunity to examine and rent comparable housing, the court shall automatically renew the one-year stay.

(e) The court can grant up to five one-year stays if evidence is not provided to the court of a reasonable opportunity to examine and rent comparable housing or of the payment of a hardship relocation compensation of waiver of payment of five months' rent.

N.J. Admin. Code § 5:24-1.7

Amended by R.1985 d.529, effective 10/21/1985.
See: 17 New Jersey Register 1706(a), 17 New Jersey Register 2536(a).
Reference changed from "1.5" to "1.6".
Amended by R.1990 d.507, effective 10/15/1990.
See: 22 New Jersey Register 2208(a), 22 New Jersey Register 3218(a).
Provisions added for conversion from rental market to condo or permanent retirement of mobile home.