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

Section 355-15B of the Township Code makes it unlawful for any owner of covered real property to rent, lease or otherwise deliver up for occupancy any dwelling unit without first obtaining a temporary or permanent certificate of habitability from the Director of the Department of Housing Services. The fee is $98 per dwelling unit, with a $47 reinspection fee, and owners must renew the certificate every two years by filing a new application if the same tenant is still in the unit. The owner or agent must apply at least five business days before the anticipated move-in date; the Director then has up to 15 days after occupancy to inspect.

If that inspection turns up only a minor violation, defined under § 355-15F as one that does not rise to the level of a substantial violation, the Director issues a temporary certificate conditioned on fixing it within 15 days. A substantial violation, defined to include exposed or deteriorated wiring, inoperable plumbing, lack of smoke detectors, lack of a second means of egress, lack of security locks, or severely cracked ceilings, gets the same 15-day cure period. Section 355-15C requires the certificate to state the maximum lawful occupancy of the unit, and § 355-15D requires the owner to mail or personally deliver a copy to the tenant within seven days of issuance, with a signed receipt.

This certificate is separate from the Certificate of Housing Compliance required under § 355-15A for sale or transfer of a residential building, which carries its own $237-per-unit fee dropping to $116 above three units per building. A denial of either certificate can be appealed in writing to the Business Administrator under § 355-15H, who must decide within five business days or the denial is deemed reversed.