Challenge Property Registration
Using Landlord Identity Law is one of the many ways tenants can hold landlords’ feet to the fire. Tenants can challenge the landlord’s registration for the property every time they appear in court.
Under New Jersey law, a landlord is required to register her property rented for residential use. The requirement for registration allows the tenant to know where to contact the landlord or someone on behalf of the landlord. Such contact permits the tenant to get emergency repairs or other emergencies taken care of. This also gives housing inspectors information about which properties to inspect and whom to contact for an inspection of the property.
About Certificate of Registration
Whenever a landlord rents an apartment or a room in a rooming house, the landlord must file a Certificate of Registration. The only properties that are exempt from the registration requirement are owner occupied two family houses. One family houses rented to tenants and two family houses in which the owner does not live must be registered with the clerk of the city. Properties with three or more units must be registered with the N.J. Department of Community Affairs in Trenton. The law that requires landlords to register residential rental units is N.J.S.A. 46:8-27 et seq.
Sometimes landlords fail to register their property. When a landlord fails to register its property, the tenant can use that failure as a defense to an eviction case in court. The defense stops the eviction case and gives the landlord up to 90 days to register the property. No decision can be made on the case until the landlord satisfies the statute by properly registering the residence.
For properties of three or more units, the tenant should argue that the landlord must produce a validated copy of the Certificate of Registration because the Department of Community Affairs in Trenton can reject the Certificate of Registration if it does not comply with the law. When the landlord receives the Certificate of Registration, she must post it in the lobby of the building.
If the landlord fails to register the property within the 90 days, then the tenant should ask the court to dismiss the eviction case.
What Is the Benefit of this Statute to the Tenant?
If the tenant doesn’t have the rent at trial and raises the registration defense, the tenant may be able to use the adjournment period to get the rent. Tenants are advised to contact city hall in their city if they need to know if their building is registered.
