Atlantic County, NJ Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Single-occupant room minimum
- 70 sq ft
- Per-occupant minimum, shared room
- 60 sq ft
- Minimum ceiling height
- 7 feet
- Minimum heat during cold weather
- 68°F
- Max fine for violation
- $200 or 90 days jail
- Applies only in
- County Public Health Agency municipalities
Summary
Atlantic County sets minimum room sizes, ceiling heights, egress, window and heating standards for hotels, boardinghouses and rooming houses under County Code Chapter 81. A single sleeping room must have at least 70 square feet, and shared rooms need 60 square feet per occupant.
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 60 square feet of floor space for each occupant thereof. The ceiling height of each sleeping room shall be not less than seven feet.
B. The number of beds in each room used for sleeping purposes shall not be more than the number of persons permitted to sleep within a room, in accordance with the square footage requirements of Subsection A. The lawful capacity as herein provided shall be conspicuously posted in each such room.
C. Every rooming unit shall have a safe, unobstructed means of egress leading to safe and open space at ground level.
D. No room shall be let or leased to any persons who are unable to ascend or descend stairs unassisted, dress and bathe without assistance or leave the premises without assistance, care or supervision. This section shall not apply if, in the opinion of the Health Officer, such person or persons are under sufficient care and supervision so as not to unduly endanger the health, welfare and safety of such person or persons.
E. No person shall be allowed to use a lobby, hallway, closet, bathroom, basement, cellar or kitchen for a sleeping room.
F.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863463; v25 updated 2026-04-21; through 04-21-2026).
Full Breakdown
County Code § 81-2 requires every room occupied for sleeping purposes by one person to contain at least 70 square feet of floor space, and every room occupied by more than one person to have at least 60 square feet per occupant, with a minimum ceiling height of seven feet. The number of beds cannot exceed the posted lawful capacity for the room. Every rooming unit needs a safe, unobstructed means of egress to ground-level open space, and no lobby, hallway, closet, bathroom, basement or kitchen may be used as a sleeping room.
Between May 1 and October 1 each year, all sleeping room windows must carry tight-fitting screens. Under § 81-3, every habitable room needs a window or skylight equal to at least 10% of the room's floor area, and under § 81-4 at least 45% of that window area must be operable for ventilation, or an alternative providing two air changes per hour. Section 81-2G requires one flush toilet, lavatory and bathtub or shower per five persons sharing facilities, with hot water supplied at all times, and § 81-2K requires the heating plant to maintain 68 degrees Fahrenheit during cold weather.
Section 81-6 separately bars rodent, vermin and insect infestation and requires cleanliness free of garbage. This chapter applies only in municipalities that participate in the Atlantic County Public Health Agency, per § 81-12, and § 81-14 defers to conflicting state sheltered-care statutes on room size.
Violations & Fines
Violating any provision of Chapter 81 is punishable under § 81-13 by a fine up to $200 or imprisonment in the county jail for up to 90 days, at the judge's discretion, or as otherwise set under N.J.S.A. 40:24-7 and 40:24-9. The Health Officer inspects properties and can order rodent or vermin extermination under § 81-6A. The Department of Community Affairs, named enforcing agency under § 81-11, conducts the certificate-of-approval inspections.
Frequently Asked Questions
What is the minimum room size for a rented sleeping room in Atlantic County?
Can a landlord rent out a basement room in Atlantic County?
Who enforces habitability standards for boardinghouses in Atlantic County?
Sources & Official References
Other rules in Atlantic County
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