New Jersey § 2a:18-61

§ 2a:18-61.

As used in this act: “ Administrative agency ” means the municipal board, officer or agency designated, or the county agency contracted

with, pursuant to section 6 of this act. 1 “ Affordable rental housing unit ” means a rental housing unit that is subject to a rent control ordinance. “ Annual household income ” means the total income from all sources during the last full calendar year, or the

annual average of that total income during the last two calendar years, whichever

is less, of a tenant and all members of the household who are residing in the tenant's

dwelling unit when the tenant applies for protected tenancy, whether or not such income

is subject to taxation by any taxing authority. “ Commissioner ” means the Commissioner of Community Affairs. “ Conversion ” means conversion as defined in section 3 of “The Planned Real Estate Development

Full Disclosure Act,” P.L.1977, c. 419 ( C. 45:22A-23 ). “ Conversion recording ” means the recording with the appropriate county officer of a master deed for a condominium

or a deed to a cooperative corporation for a planned residential development or separable

fee simple ownership of the dwelling units. “ County rental housing shortage ” means a certification issued by the Commissioner of Community Affairs that there

has occurred a significant decline in the availability of rental dwelling units in

the county due to conversions; provided, however, that the commissioner shall not

issue any such certification unless during the immediately preceding 10-year period: a. The aggregate number of rental units subject to registrations of conversion during

any three consecutive years in the county exceeds 10,000; and b. The aggregate number of rental units subject to registrations of conversion in

at least one of those three years exceeds 5,000. “ Department ” means the Department of Community Affairs. “ Index ” means the annual average over a 12-month period beginning September 1 and ending

August 31 of the Consumer Price Index for Urban Wage Earners and Clerical Workers

(CPI-W), All Items Series A, of the United States Department of Labor (1957-1959 =

100), for either the New York, NY-Northeastern New Jersey or the Philadelphia, PA-New

Jersey region, according as either shall have been determined by the commissioner

to be applicable in the locality of a property undergoing conversion. “ Protected tenancy period ” means, except as otherwise provided in section 11 of this act, 2 all that time following the conversion recording for a building or structure during

which a qualified tenant in that building or structure continues to be a qualified

tenant and continues to occupy a dwelling unit therein as his principal residence. “ Qualified county ” means: a. Any county with a population in excess of 500,000 and a population density in excess

of 8,500 per square mile, according to the most recent federal decennial census;

or b. Any county wherein there exists a county rental housing shortage. “ Qualified municipality ” means any municipality with a population density in excess of 25,000 per square

mile, according to the most recent federal decennial census, and which has adopted

a rent control ordinance. “ Qualified tenant ” means a tenant who is a resident in a qualified county and: (1) Applied for protected tenancy status on or before the date of registration of

conversion by the department, or within one year of the effective date of P.L.1991, c. 509 ( C.2A:18-61.40 et al.) , 3 whichever is later; (2) Has occupied the premises as his principal residence for at least 12 consecutive

months next preceding the date of application; and (3) Has an annual household income that does not at the time of application exceed

the maximum qualifying income as determined pursuant to section 4 of P.L.1991, c. 509 ( C.2A:18-61.43 ) , except that this income limitation shall not apply to any tenant who is age 75 or

more years or is disabled within the meaning of section 3 of P.L.1981, c. 226 ( C. 2A:18-61.24 ). “ Registration of conversion ” means an approval of an application for registration by the department in accordance

with “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c. 419 ( C. 45:22A-21 et seq. ). “ Tenant in need of comparable housing ” means a tenant who is not a qualified tenant under P.L.1991, c. 509 ( C.2A:18-61.40 et al.) and is not eligible for protected tenancy under the “Senior Citizens and Disabled

Protected Tenancy Act,” P.L.1981, c. 226 ( C. 2A:18-61.22 et al.). 1

N.J.S.A. § 2A:18-61.45. 2

N.J.S.A. § 2A:18-61.50. 3

L.1991, c. 509, eff. June 1, 1992.