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West New York, NJ Rental Property Rules: Rent Control (2026)

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

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

Key Facts

Governing section
West New York Town Code § 312-3
Base rent date
March 1, 1973
Annual cost-of-living cap
5% in any one year (§ 312-3 F)
Combined cap, all causes
15% in any one twelve-month period (§ 312-19)
Administering body
Rent Control Board, seven members (§ 312-14)
Penalty
Fine up to $500 or up to 30 days (§ 312-23)

Summary

The Town of West New York, New Jersey (Hudson County) enforces rent control under Chapter 312 of its Town Code, administered by a seven-member Rent Control Board. Rents are continued at the base rent level of March 1, 1973, and cost-of-living increases follow the Consumer Price Index with a 5% annual cap. Hotels, owner-occupied two-, three- and four-family dwellings and several other structures are exempt.

B. The following structures are exempt from this chapter: ... (1) Motels, hotels and similar-type buildings intended for transient use. (2) Owner-occupied two-, three- and four-family dwellings. ... C. All rents for rental of housing space and services are hereby continued at the base rent level received or established as of March 1, 1973, and no rent increases shall hereafter be demanded, paid or accepted, except as provided in this chapter. ... E. At the expiration of a lease or at the termination date or renewal date of a periodic tenant, no landlord may request or receive an increase in rent, subject to the limitation set forth in Subsection F, which is greater than the percentage difference between the Consumer Price Index 90 days prior to the expiration or termination or renewal of the tenancy or lease and the Consumer Price Index for the preceding twelve-month period. F. Such increases shall be deemed basic economic cost-of-living increases and shall be limited to one such increase, if otherwise justified, in any one twelve-month period, ... Such increase shall be limited to 5% in any one year, subject nevertheless to the following:

Full Breakdown

Chapter 312 was adopted by the Board of Commissioners of the Town of West New York on 7-21-1982 as Ord. No. 1550, and its preamble finds that a critical shortage of housing space continues to create an emergency in the Town. Section 312-3 does the main work. No person can demand, accept or receive rent for controlled housing space above the maximum rent set under the earlier ordinances the chapter continues, and all rents are continued at the base rent level received or established as of March 1, 1973.

Increases are tied to the Consumer Price Index. At the expiration of a lease, or the termination or renewal date of a periodic tenant, a landlord cannot receive more than the percentage difference between the Consumer Price Index 90 days before that date and the index for the preceding twelve-month period. Subsection F limits the cost-of-living increase to one in any twelve-month period and to 5% in any one year, and the landlord cannot collect the 5% until he certifies to the tenant and the Rent Control Board that he is in substantial compliance with municipal and state maintenance laws and files a copy of the notice with the Board.

Section 312-19 caps combined increases for all causes at 15% in any one twelve-month period. Exempt structures include motels, hotels and similar transient buildings; owner-occupied two-, three- and four-family dwellings, where a four-family unit becomes exempt only when the tenant who lived there on or before April 20, 1994 vacates; premises newly constructed from the ground up where construction began after October 1, 1995; and condominium or cooperative apartments rented on or after August 1, 1995 with a monthly base rent in excess of $1,000.

The Rent Control Board, continued by § 312-14, has seven members appointed by the governing body for one-year terms without compensation, and its determinations are final subject to appeal to the Superior Court of New Jersey under § 312-16.

Violations & Fines

Section 312-23 punishes any violation of Chapter 312, including a material misstatement of fact in a filing, by a fine of not more than $500 or imprisonment for not more than 30 days, or both, and treats a violation affecting more than one leasehold or tenancy as a separate violation for each. The Rent Control Board Secretary files the Municipal Court complaint by summons, and a landlord found in violation also pays court costs and the Town’s attorney’s fees. Under § 312-4, rent above the maximum is void.

Frequently Asked Questions

Is the Town of West New York rent controlled?
Yes. Chapter 312 of the Town Code continues rent control, holding rents at the base level of March 1, 1973 plus the increases the chapter authorizes. Section 312-3 B exempts hotels and motels, owner-occupied two-, three- and four-family dwellings and the other structures it lists, so coverage turns on the building. A seven-member Rent Control Board administers the chapter.
How much can rent go up in a year in West New York?
The cost-of-living increase equals the percentage difference between the Consumer Price Index 90 days before the lease or tenancy ends and the index for the preceding twelve-month period, limited to one increase in any twelve-month period and to 5% in any one year. Section 312-19 caps combined increases for all causes at 15% in any one twelve-month period.
Are late fees capped under West New York rent control?
Yes. The chapter’s definition of rent says charges for late payment, whether termed a late fee, attorney fee, interest on rent paid late or returned check fee, cannot be more than $25 when rent is 15 days late or less, and cannot be more than $50 when it is more than 15 days late. Security deposits are not rent under that definition.
Is a newly built or rehabilitated building exempt?
Premises newly constructed from the ground up, where construction commenced after October 1, 1995, are exempt under § 312-3 B(4), and the exemption continues for the initial and all subsequent rentals. A substantially rehabilitated building is exempt under § 312-3 B(7), but only for the units actually renovated.

Sources & Official References

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