Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

How to Use Landlord Identity Law as a Defense for Eviction

by Khalik Hewitt, Esq. | Oct 23, 2015 | Eviction, Housing-Problems, Tenant’s rights

Hardship Stay of Eviction: The Worst Named Law in Housing

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.

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On Wednesday, June 3, 2026, CJLS proudly congratulated our volunteer, John R. Gorman, Esq., on being named the 2026 recipient of the Middlesex County Bar Association’s Arthur Miller Lawyer Achievement Award. This prestigious recognition reflects John’s outstanding dedication, professionalism, and commitment to serving the community.

CJLS was proud to be part of the celebration. Pictured from left to right are Director Janice Chapin, Esq., and paralegals Zaida Cruz and Patti Carrington.

Congratulations, John, on this well-deserved honor!

#CJLS #Congratulations #VolunteerRecognition #CommunityService #LegalAid #MiddlesexCountyBarAssociation #ArthurMillerAward #Leadership #CommunityImpact #JusticeForAll
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On Wednesday, June 3, 2026, CJLS proudly congratulated our volunteer, John R. Gorman, Esq., on being named the 2026 recipient of the Middlesex County Bar Association’s Arthur Miller Lawyer Achievement Award. This prestigious recognition reflects John’s outstanding dedication, professionalism, and commitment to serving the community.

CJLS was proud to be part of the celebration. Pictured from left to right are Director Janice Chapin, Esq., and paralegals Zaida Cruz and Patti Carrington.

Congratulations, John, on this well-deserved honor!

#CJLS #Congratulations #VolunteerRecognition #CommunityService #LegalAid #MiddlesexCountyBarAssociation #ArthurMillerAward #Leadership #CommunityImpact #JusticeForAll

Every year, thousands of New Jerseyans face urgent civil legal problems – like loss of benefits, eviction, homelessness, consumer scams – through no fault of their own. CJLS helps ordinary people who can’t afford a lawyer on their own to navigate our complex legal system and solve those problems. Victor’s story is one example of how legal aid changes lives.

With your generous support, we’re able to help families, seniors, and more get the justice and support they deserve. centraljerseylegalservices.org/donate-cjls/

#CJLS #LegalAidWorks #AccessToJustice #JusticeForAll #CivilLegalAid #LegalHelp #CommunitySupport #HelpingFamilies #FamilyStability #ChangingLives
... See MoreSee Less

Every year, thousands of New Jerseyans face urgent civil legal problems – like loss of benefits, eviction, homelessness, consumer scams – through no fault of their own. CJLS helps ordinary people who can’t afford a lawyer on their own to navigate our complex legal system and solve those problems. Victor’s story is one example of how legal aid changes lives.

With your generous support, we’re able to help families, seniors, and more get the justice and support they deserve. https://centraljerseylegalservices.org/donate-cjls/

#CJLS #LegalAidWorks #AccessToJustice #JusticeForAll #CivilLegalAid #LegalHelp #CommunitySupport #HelpingFamilies #FamilyStability #ChangingLives
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