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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
70°F in habitable rooms and bathrooms
Hot water
160°F required at all times
Min unit space
150 sq ft for first occupant
Enforcing agency
Director of Health, Welfare and Housing
General penalty
$100-$2,000 fine, up to 90 days jail
Placard removal fine
$50 (§15.12.810)

Summary

Elizabeth's Housing Code sets hard numeric minimums for rental habitability: landlords must supply potable water, 160-degree hot water, and heat that keeps habitable rooms and bathrooms at 70 degrees Fahrenheit during the heating season. Every dwelling unit needs a private kitchen sink, toilet, bathtub or shower, and electrical service. The director of health, welfare and housing enforces the code and can placard a unit unfit for occupancy.

Every dwelling, dwelling unit, rooming house and rooming unit occupied during normal heating periods shall have heating facilities capable of maintaining a minimum inside temperature of seventy (70) degrees Fahrenheit in all habitable rooms and bathrooms.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

12, the Housing Code, fixes exact numbers rather than leaving habitability to landlord discretion. 370 requires hot water at a temperature of 160 degrees Fahrenheit available at all times. 380 requires a kitchen sink, toilet, bathtub or shower, and lavatory in every dwelling unit, with the toilet, tub and lavatory located in a separate private room connected to hot and cold lines. 400 sets the heat floor: during normal heating periods, facilities must maintain at least 70 degrees Fahrenheit in every habitable room and bathroom.

420 lists eight cooking-facility requirements, including a nonabsorbent kitchen sink connected to a sanitary sewer, ventilation that vents cooking odors outside, food storage free of infestation, and refrigeration holding between 32 and 50 degrees. 490 sets minimum floor area: 150 square feet for the first occupant of a dwelling unit, 100 square feet for each of the next two occupants, and 75 square feet for each occupant after that. 790 declares condemned units public nuisances until the placard is lifted.

Violations & Fines

Violating the Housing Code is punishable under Section 1.12.010's general penalty: a fine of $100 to $2,000, up to 90 days in the county jail, or both, with each day of noncompliance a separate offense. Fines above $1,250 for a housing code violation require the owner first be given a 30-day cure period and a municipal court hearing. A unit found unfit for habitation can be placarded and vacated under Section 15.12.780, and removing that placard without written consent is a separate $50 violation under Section 15.12.810.

Frequently Asked Questions

What temperature must my heat be kept at in an Elizabeth rental?
City Code Section 15.12.400 requires heating facilities that maintain at least 70 degrees Fahrenheit in every habitable room and bathroom during normal heating periods. This applies to dwellings, dwelling units, rooming houses and rooming units. Landlords who fail to supply working heat can be cited under the Housing Code and, in serious cases, the director of health, welfare and housing can find the building unfit for habitation.
Is there a minimum hot water temperature in Elizabeth?
Yes. Section 15.12.370 requires every dwelling, dwelling unit and rooming house to have an adequate supply of hot water, defined in the code as water at 160 degrees Fahrenheit available at all times at plumbing fixtures that require it. This is enforced alongside the potable water requirement in Section 15.12.360, which mandates adequate pressure at every outlet.
What happens if my Elizabeth rental unit is declared unfit?
Under Section 15.12.780, the director of health, welfare and housing can order the owner to repair the building within a set time or vacate it, board it up, and complete exterior repairs. If the owner boards up a residential structure, it must be fully renovated within six months or demolished at the owner's expense; the placard cannot be removed without written director approval per Section 15.12.790.
How much floor space must my Elizabeth rental unit have?
Section 15.12.490 sets a floor of 150 square feet of gross floor area for the first occupant of a dwelling unit, 100 square feet for each of the next two occupants, and 75 square feet for every occupant after that. Sleeping rooms carry their own separate minimums under Section 15.12.500.

Sources & Official References

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