East Brunswick, NJ Rental Property Rules: Repairs & Habitability (2026)

Chapter 166, the Property Maintenance Code, is the Township's habitability chapter. Section 166-1, amended on June 12, 2017 by Ord. No. 17-25, adopts the New Jersey State Housing Code, as amended and supplemented from time to time, for the control of all residential and nonresidential structures and premises, and makes each of its regulations part of the Township Code as if fully set forth. Because it covers all residential structures, it governs a rented house or apartment the same way it governs an owner-occupied one. Section 166-2 requires three copies to stay on file with the Township Clerk for public examination.

Owners and operators carry the duties. Under § 166-6, no owner or operator is relieved of a duty, or entitled to defend a charge, because another person or entity is also responsible and in violation.

The Zoning and Code Enforcement Officer, or a designee within the Department of Planning & Engineering, administers the chapter under § 166-3.1(A). For conditions not defined with specificity, the owner gets written notice served in person or by certified mail, return receipt requested. The notice must be signed, identify the condition with specificity, give a time to cure specified with certainty, include photographic or other visual evidence, and warn that failure to cure can lead to a summons. Prior notice is not needed for an emergency or imminent hazard under § 166-3.1(E).

Crowding has its own measure. Section 166-12 (Section PM-405.5) lets the code official order the number of persons sleeping or living in an overcrowded room reduced. The table sets a living room at 145 square feet for 3 to 5 occupants and 175 for 6 or more, a dining room at 100 and 120, and a kitchen at 50 for 1 or 2 occupants, 70 for 3 to 5 and 85 for 6 or more. Bedrooms must comply with Section PM-405.3.

Where rent leveling applies, § 169-24 requires the landlord to maintain the same standards of service, maintenance, furniture, furnishings or equipment provided at the inception of the lease. A tenant who is not receiving them can appeal to the Rent Leveling Board, which sets a reasonable rental value to be paid until the landlord corrects the deficiency. Section 169-23 exempts units receiving Federal or State subsidies from that chapter.