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Elizabeth, NJ Rental Property Rules: Rent Control (2026)

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

Rent control rules in Elizabeth, NJ, also known as rent stabilization or rent cap ordinances, limit annual rent increases and protect tenants from displacement.

Key Facts

Annual increase cap
3% over prior base rent
Increase frequency
Once per 12-month period
Vacancy increase cap
Up to 20% first year
Exempt buildings
Owner-occupied, 4 units or fewer
Overseeing body
Fair Rental Housing Board, 7 members
Overcharge refund window
2 years retroactive

Summary

Elizabeth caps most annual rent increases at 3% over the prior year's base rent through its Fair Rental Housing Board, applying to buildings with five or more units (owner-occupied buildings of four or fewer units are exempt). Landlords may raise rent only once every 12 months.

At the expiration of a lease, termination of a lease of a periodic tenant or at the anniversary date of the building, no landlord shall request or receive any increase in base rent in excess of three percent over the base rent received for the twelve (12) months prior.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

020). 030). 060(B)). 010). 080). 120).

Violations & Fines

A landlord who willfully takes a rent increase above the 3% cap, or more than once in 12 months, is subject to the penalties in Section 5.70.220, and any resulting overcharge is refundable to the tenant retroactive to two years before the complaint under Section 5.70.190. The fair rental housing board can also issue a municipal court summons for chapter violations.

Frequently Asked Questions

How much can my landlord raise rent each year in Elizabeth?
No more than 3% over the base rent charged in the prior 12 months, under Section 5.70.060(A), and only once per 12-month period per Section 5.70.060(B). The increase can only take effect at lease expiration, tenancy termination, or the building's anniversary date.
Is my apartment covered by Elizabeth's rent control if my landlord lives in the building?
It depends on the building's size. Section 5.70.010 exempts housing of two units or fewer entirely and exempts three- or four-unit buildings only if the landlord actually occupies one of the units, so larger owner-occupied buildings still fall under the 3% cap.
Can my landlord raise rent more when a new tenant moves in?
Yes, within limits. Section 5.70.080 allows a vacancy increase of up to 20% of the prior year's base rent for the first year after a unit turns over, but only once per vacancy, and only if the landlord certifies the prior tenant left voluntarily or was lawfully evicted.

Sources & Official References

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