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

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

Key Facts

Habitability standard
New Jersey State Housing Code (§§ 178-2, 178-3)
Bedroom area, one occupant
At least 70 square feet
Bedroom area, more than one occupant
At least 50 square feet for each occupant
Fine under § 178-30
Not less than $1,000 and not exceeding $2,000
Cure period for fines over $1,250
Thirty days
Hearing body for citations
Howell Township Municipal Court

Summary

In Howell Township, New Jersey, the New Jersey State Housing Code is the legal standard for whether a dwelling is fit to live in. Howell Township Code § 178-2 directs enforcement officials to apply it, and § 178-9 bars anyone from occupying or renting a dwelling that does not conform. Violations are fined $1,000 to $2,000 under § 178-30.

For the purpose of this chapter, the New Jersey State Housing Code, as amended and supplemented, shall constitute the standard to guide all enforcement officials in determining the fitness of any dwelling or unit thereof for human habitation, use or occupancy. In addition, the enforcement officials shall consider conditions such as the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamity; lack of adequate ventilation, light or sanitary facilities; and dilapidation, disrepair, structural defects or uncleanliness. § 178- ... 9. Compliance required. No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.

Full Breakdown

Chapter 178 sets the habitability baseline for every dwelling in Howell Township, rented or not, and Article II adds the rental certificate on top of it. Under § 178-2, the New Jersey State Housing Code is the standard guiding enforcement officials in deciding whether a dwelling or unit is fit for human habitation, use or occupancy. Section 178-3 adopts that Housing Code by reference and keeps three copies on file with the Township Clerk for anyone who wants to examine them. Section 178-1 names the Construction Official, Director of Land Use, Zoning Officer and Code Enforcement Officials as the enforcing authority, and lets them call on the Board of Health Officer, Director of Community Development, Police Department and Fire Official.

Under § 178-4, officials inspect dwellings, dwelling units, rooming units and premises at reasonable hours, and § 178-5 requires the owner, occupant or person in charge to give free access on presentation of proper identification. Section 178-7 sets occupancy limits from the Housing Code: a bedroom with one occupant needs at least 70 square feet of floor area, and a bedroom with more than one person needs at least 50 square feet for each occupant. A violation draws a citation with a written notice under § 178-6, and the person cited can request a hearing before the Howell Township Municipal Court.

For fines above $1,250, § 178-6(E) provides a thirty-day period to cure or abate. A dwelling found unfit under §§ 178-11 and 178-12 can be ordered repaired, vacated or demolished, and the Construction Official can post a placard reading "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful." The Township's repair or demolition costs become a municipal lien against the property under § 178-12(D).

Violations & Fines

Section 178-30 sets a fine of not less than $1,000 and not exceeding $2,000 for any violation of Chapter 178 upon conviction in the Howell Township Municipal Court, and each day a violation occurs is a separate violation. Citations with fines above $1,250 come with a thirty-day cure period under § 178-6(E). An owner who ignores an abatement order faces Township repair, vacating, closing or demolition, with the cost recorded as a municipal lien under § 178-12(D).

Frequently Asked Questions

What standard decides whether a Howell Township rental is habitable?
Section 178-2 makes the New Jersey State Housing Code the standard for enforcement officials, and § 178-3 adopts it by reference. Officials also weigh fire, accident and calamity hazards, inadequate ventilation, light or sanitary facilities, and dilapidation, disrepair, structural defects or uncleanliness. A dwelling that fails the standard cannot be occupied or rented under § 178-9.
Who enforces the housing code in Howell Township?
Section 178-1 names the Construction Official, Director of Land Use, Zoning Officer and Code Enforcement Officials. They can call on the Board of Health Officer, Director of Community Development, Police Department and Fire Official to assist. The Howell Township Municipal Court keeps jurisdiction over Housing Code citations under § 178-6(F).
How many people can live in a Howell Township rental bedroom?
Sections 178-7 and 178-28 compute the maximum from bedroom floor area: at least 70 square feet when one person occupies the bedroom, and at least 50 square feet for each occupant when more than one person does. Under § 178-28(B), the maximum occupancy must be posted in a conspicuous place in or about the dwelling.
What happens if a Howell Township dwelling is declared unfit?
After notice and a hearing, the Construction Official issues an order requiring the owner to repair, alter or improve the building within a reasonable time, or at the owner's option to vacate and close it. A dangerous building left unfixed can be ordered removed or demolished. The Township can do the work and record the cost as a municipal lien under § 178-12.

Sources & Official References

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