Tenant Rights When Facing a Rent Increase in New Jersey

Does New Jersey Have Statewide Rent Control?

New Jersey does not have a statewide rent control law. However, many municipalities — including Newark, Jersey City, Hoboken, and Trenton — have local rent control ordinances that limit how much landlords can increase rent each year.

If you live in a rent-controlled municipality, your landlord's ability to raise your rent is governed by the local ordinance. Violations can be challenged before the local rent leveling board.

Rent Increases Under the Anti-Eviction Act

Even outside of rent-controlled areas, New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) provides important protections. A landlord cannot evict a tenant for refusing to pay a rent increase that is:

• Unconscionable — so excessive that it shocks the conscience
• Retaliatory — imposed in response to the tenant exercising a legal right (such as complaining to a housing inspector)

Courts have found rent increases of 50% or more to be unconscionable in some circumstances.

Notice Requirements for Rent Increases

Landlords must provide proper notice before increasing rent:

• Month-to-month tenants: At least one month's written notice
• Annual lease tenants: Notice before the lease renewal date (typically 30–60 days depending on the lease)

What Tenants Should Do

If you receive a rent increase notice:

1. Check whether your municipality has a rent control ordinance
2. Review your lease for any provisions regarding rent increases
3. Determine whether the increase is retaliatory or unconscionable
4. Consult an attorney if you believe the increase is unlawful

Retaliation Protections

Under N.J.S.A. 2A:42-10.10, it is illegal for a landlord to raise rent in retaliation for a tenant:

• Reporting housing code violations
• Organizing or joining a tenant association
• Filing a complaint with a government agency

This article is for general informational purposes only and does not constitute legal advice.