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

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

Key Facts

Trigger
Any vacancy in a multiple dwelling
Inspection window
Within 2 working days of notice
Fee
$25 per dwelling unit
Certificate validity
Lasts only for the named tenant
Penalty
Up to $1,000 or 90 days jail per day
Enforcing office
Division of Housing / Superintendent

Summary

Before a vacant apartment in a Passaic multiple dwelling can be rented to a new tenant, City Code § 100-6 requires a certificate of tenancy proving the unit is violation-free. The owner must request an inspection within two working days of the vacancy, correct any violations found, and pay a $25-per-unit fee under § 100-10D.

On and after the date of adoption of this chapter, no dwelling unit which shall become vacant within a multiple dwelling shall be retenanted unless a certificate of tenancy shall have been issued therefor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Chapter 100 of the Code of the City of Passaic ties every change of tenant in a multiple dwelling to a city inspection. Under § 100-7, once a dwelling unit becomes vacant the owner or operator must notify the Superintendent of the Division of Housing, supply the building address, unit number, prospective tenant's name and the number of people who will occupy it, and request an inspection, which the Superintendent must perform within two working days. If the inspection turns up violations, the owner is directed to correct them within a set period; occupancy is allowed to continue during that abatement window only if no violation is an immediate threat to health or safety and the tenancy wouldn't cause overcrowding.

Once every violation is cleared, § 100-7C has the Superintendent issue a certificate of tenancy naming the tenant and headcount, certifying the unit violation-free as of that date, and § 100-8 keeps that certificate valid only as long as the named tenant remains in residence and the household size stays the same or shrinks. The fee for the inspection and certificate is $25 per dwelling unit under § 100-10D, and § 100-12 entitles the applicant to one free reinspection before additional $25 reinspection charges apply.

Renting or occupying a unit without the required certificate is a violation under § 100-9: each day of uncertified tenancy is a separate offense, punishable by up to $1,000 or 90 days in jail, and a second or later certificate-of-tenancy violation carries a mandatory minimum fine of $100.

Violations & Fines

Retenanting a vacant multiple-dwelling unit without a certificate of tenancy is a separate violation for every day it continues under § 100-9, punishable by up to $1,000 or 90 days in jail; a second or subsequent violation of the certificate-of-tenancy provisions carries a minimum fine of $100 and up to $1,000 or 90 days in jail.

Frequently Asked Questions

Can a Passaic landlord rent a vacant apartment without inspection?
No. Section 100-6 bars retenanting any vacant unit in a multiple dwelling until the Division of Housing issues a certificate of tenancy confirming the unit has no code violations. The owner must request the inspection as soon as the unit becomes vacant.
How fast does Passaic inspect a vacant rental unit?
Under § 100-7, the Superintendent of the Division of Housing must inspect within two working days of the owner's notification, and the owner is told of any violations and given a deadline to correct them before the certificate of tenancy issues.
What happens if a Passaic landlord skips the certificate of tenancy?
Under § 100-9, each day a unit is occupied without the required certificate is a separate violation, punishable by up to $1,000 or 90 days in jail; a repeat certificate-of-tenancy violation carries an additional mandatory minimum fine of $100.

Sources & Official References

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