New Jersey Landlord Registration, N.J.S.A. 46:8-27 - 46:8-37
N.J.S.A. 46:8-27 defines a landlord as ..." persons who own ...any building or project in which there is rented or offered for rent housing space for living or dwelling purposes under either a written or oral lease , provided that this definition shall not include owner-occupied two unit premises.
Registering residential rental propertiesNew Jersey residential Landlords must register their rental properties unless the property is owner- occupied two units or less. The requirements to register residential rental properties can be reviewed at N.J.S.A. 46-8:27 - 46:8-37.. Within 30 days following the creation of a tenancy or a newly constructed rental property, the Landlord must file with the Clerk of the Municipality or with such other municipal official as designated by the Clerk a Certificate of Registration on forms prescribed by the Commissioner of Community Affairs. See N.J.S.A. 46:8-28. Section 46:8-28 states that the Certificate must contain the following information:
1. Name and address of the record owner(s) of the premises and record owner or owners of the business if not the same person. A partnership must include the names of all general partners.
2. If a corporation, the certificate of registration must include the name and address of the registered agent and officers of the corporation
3. If the address of the record owner is not in the county where the property is located, certificate of registration must include a name and address of person who resides in county who can accept notices from the tenant, issue receipts and accept service of process.
4. Name and address of managing agent, if any.
5. Name and address of janitor or other maintenance personnel employed by he owner or agent to provide regular maintenance.
6. Name and address of individual representative of owner or managing agent who may contacted in the event of an emergency.
7. Name and address of every holder of a recorded mortgage.
8. If fuel oil is used to heat building and landlord provides heat, the name and address of the fuel oil dealer serving the building and grade of oil used to heat building.
Consequences of failure to register propertyIf a residential landlord fails to register the premises, the Landlord is barred from entering judgment for possession in Landlord and Tenant court during the period of non-compliance. The may adjourn a Landlord and Tenant case for up to 90 days to give the Landlord time to register the property and if not registered within that time frame, case shall be dismissed. See N.J.S.A. 46-8-33. Landlords who fail to comply can also be fined not more than $500.00 for each offense. The Attorney General, Municipality where the property is located or any other person may institute a legal proceeding against Landlords who fail to register their property. If a Municipality or other person institutes a suit against the Landlord, any penalties assessed should be remitted by the Court to the Municipality in which the property is located.