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LSNJ LAW Home > Legal Topics > Housing > Landlord-Tenant > Repairs/Habitability

What is landlord registration and why is it important?

 

Landlord registration is a system that helps the city and state, as well as tenants, know who to contact in case of an emergency or if repairs are needed. It also helps tenants who need to sue their landlord, to know where to serve (send) the complaint. If landlords do not follow the law, they can face fines, and cannot evict a tenant until they comply.

Requirements for Landlord Registration

If a property has three or more residential rental units, the landlord must register with the Bureau of Housing Inspection at the Department of Community Affairs (DCA). The Bureau checks the registration and sends a validated (approved) copy to the city where the property is located. If there are one or two rental units, the landlord must register with the city clerk, or an official chosen by the clerk.

The registration law applies to all rental properties except for two-family owner-occupied homes if:

  • They are certified free of lead-based paint*;
  • They were built in 1978 or later;
  • They are seasonal rentals, rented for less than six months each year; or
  • They are certified as having a lead-free interior by a certified inspector+.

*For more information about lead paint inspections, read Lead Paint Inspections: Requirements for Rental Properties.

The forms for filing for registration must be approved by DCA and include the following information:

  • The record owner’s (whoever is listed on the deed as the owner) name and address, and the name and address of any management company;
  • If the owner is a partnership, all general partners’ names;
  • If the record owner is a corporation (like an LLC), the name and address of the “registered agent” (the person who can be served with legal papers for the corporation) and corporate officers (like the CEO;
  • If the owner lives outside the county, they must list a local person who can accept notices from a tenant, and accept and court papers on the owner’s behalf;
  • The name and address of the manager or management company;
  • The name and address, including unit number, of any superintendent, janitor, custodian or other person employed other to provide regular maintenance;
  • The name, address and phone number of someone who can be reached in case of an emergency and who has the authority to make decisions about urgent repairs and has a current list of tenants that shall be made available to emergency personnel if needed;
  • The name and address of every mortgage holder (usually a bank); and
  • The name and address of the fuel oil dealer servicing the building and the grade of fuel oil used, if the landlord pays for the oil heat.

When you rent a property, the landlord must give you, and every occupant, a copy of the certificate of registration. For those properties where registration is filed with DCA, a copy of the certificate of registration must be posted in the property where anyone can see it. If any information changes, the landlord has 20 days to update it, and they must provide you with an updated copy within seven days after it is filed with the city. If filed with DCA, the landlord has seven days to provide you with the updated registration certificate after getting it from DCA.

A Defense Against Eviction

A landlord cannot get an eviction judgment unless they have complied with landlord registration. Landlord-tenant court requires a landlord to file a copy of the registration statement or certify (confirm in writing) that the property is exempt. It’s important for tenants to check what the landlord has filed. If the landlord claims an exemption, make sure it applies. If the landlord has not complied, the court must adjourn (delay) the trial for up to 90 days. Most adjournments are for a much shorter period of time. The additional time could be helpful to get help with back rent, if the complaint is for nonpayment, or have more time to move. At the same time, the landlord can get proof that they have complied, or can register the property and come into the compliance, and avoid a dismissal on these grounds. If the landlord hasn’t complied, the case must be dismissed.

Service of Process

If you plan to file a lawsuit against the landlord in the Superior Court, Law Division Special Civil Part (like for the return of your security deposit), or if you file a municipal court complaint, and you do not have an in-county address for the landlord, check the registration certificate. It should have the owner’s address. If the owner is not in the county, it must list someone in-county who can accept court papers on behalf of the defendant landlord.

When you fill out the defendant’s address on the Summons form, write the name of the in-county person as “agent for service of process” along with their address. If the owner is a corporation (like an LLC), the registration certificate should have a “registered agent.” The defendant in the suit is the corporation. The registered agent receives the court papers, and on the Summons, you would write the name of the registered agent “as agent for service of process” for the corporation (put the corporation’s name) and the registered agent’s address.

If the landlord has not followed the registration law and cannot be served within the municipality or county, you can use the last address found on the county or municipal tax records to file your lawsuit. For lawsuits brought in the Superior Court, Law Division Special Civil Part, the law allows service of the summons and complaint by certified and regular mail, even if it is not served within the county or municipality where the court is located.

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