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

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

Key Facts

Governing chapter
Ch. 100, adopted 7-8-2008, amended through 6-1-2016
Enforcing official
Code Official
Heat minimum
68°F, Oct. 1 to May 15
Reduced heat exception
65°F where avg. monthly temp exceeds 30°F
Penalty basis
§ 1-15, strict liability, daily separate offense

Summary

Hackensack landlords must keep rental premises in a sanitary, safe condition under the Property Maintenance Code (Ch. 100). Owners maintain the structure and exterior property; occupants keep their own unit clean and sanitary. Rental units must receive heat of at least 68°F from October 1 through May 15.

Scope. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. ... Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this article. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).

Full Breakdown

Chapter 100, adopted 7-8-2008 by Ordinance No. 15-2008 and amended through 6-1-2016, sets the baseline habitability duty for every existing residential structure in the City. Section 100-14 splits responsibility: the owner must maintain the structure and exterior property so the premises are sanitary and safe, and may not occupy or permit occupancy of premises that fail that standard, while occupants must keep the part of the dwelling, rooming or housekeeping unit they control clean and sanitary. That duty is backed by numeric standards elsewhere in the same article: Section 100-34 requires heating facilities capable of maintaining 68°F in habitable rooms, bathrooms and toilet rooms, and any owner who furnishes heat under a lease must supply it from October 1 to May 15 to maintain that 68°F minimum (dropping to 65°F only where the average monthly outdoor temperature exceeds 30°F).

The Code Official enforces the chapter, can issue notices of violation under Section 100-7, and may pursue court action to restrain, correct or abate a violation or to force removal of an unlawful occupancy; any action taken becomes a lien on the property. The chapter's stated intent, in Section 100-1, is to ensure public health, safety and welfare through minimum standards for light, ventilation, sanitation and safety from fire and other hazards in existing structures and premises.

Violations & Fines

Violating any Property Maintenance Code provision is unlawful under Section 100-6 and is prosecuted as a misdemeanor or civil infraction under the general penalty section, Section 1-15, of the City Code, as a strict liability offense. Each day a violation continues after notice is served is a separate offense, and the City may also sue in equity to abate the violation or end an illegal occupancy, with costs becoming a lien on the real estate.

Frequently Asked Questions

Who is responsible for habitability in a Hackensack rental?
The owner must maintain the structure and exterior property in a sanitary and safe condition under Section 100-14; the tenant is responsible only for keeping the part of the unit they occupy and control clean and sanitary.
What heat is a Hackensack landlord required to provide?
Under Section 100-34, an owner who furnishes heat under a lease must maintain at least 68°F in habitable rooms, bathrooms and toilet rooms from October 1 through May 15, dropping to 65°F only where the average monthly outdoor temperature is above 30°F.
What happens if a landlord ignores a habitability violation?
The Code Official can issue a notice of violation under Section 100-7 and, if it's not corrected, prosecute under Section 100-6 as a strict liability offense with each day a separate violation, or go to court to abate the condition, with costs becoming a lien on the property.

Sources & Official References

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