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Hamilton, NJ Rental Property Rules: Rent Increase Notice (2026)

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

Key Facts

Delivery method
Certified mail or personal service
Form
Approved by the Business Administrator
Must show
Full § 5-162 increase calculation
Filing copy
Sent to Rent Leveling Commission Secretary

Summary

Before raising rent, a Hamilton landlord must notify the tenant by certified mail or personal service under § 5-165, using a form approved by the Business Administrator. The notice must show the calculations behind the increase under the § 5-162 formula and the rent charged under the tenant's most recent prior lease. A copy goes to the Rent Leveling Commission Secretary at the same time.

Any landlord seeking an increase in rents shall notify the tenant by certified mail or by personal service, on a form approved by the Business Administrator, of the calculations involved in computing the increase, including all information required in order to compute the formula as set forth in § 5-162, as well as the rental charged for the apartment under the terms of the most recent prior lease. A copy of the forms shall be filed with the Secretary of the Rent Leveling Commission at the time of notice to tenants.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4984352; v35 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Section 5-165 sits within the Rent Leveling Commission's rent control article, Chapter 5, Article XXIX, and applies whenever a landlord in a residential multiple-family dwelling seeks a rent increase under § 5-162. The landlord must notify the tenant in writing, by certified mail or personal service, using a form the Business Administrator has approved. That notice must lay out the calculations behind the requested increase, including all information needed to work through the § 5-162 formula (the Consumer Price Index and Residential Renters Consumer Price Index averages for the preceding July, and whether the unit is capped at the full average or 60% of it because the landlord does not furnish heat), plus the rent actually charged under the tenant's most recent prior lease so the tenant can check the math. A copy of the completed notice form must be filed with the Secretary of the Rent Leveling Commission at the same time the tenant is notified, giving the Commission a running record of every increase sought in the Township.

This notice duty is separate from, and precedes, any hardship-increase proceeding: a landlord seeking a hardship increase for a fair rate of return or a capital-improvement surcharge under § 5-163 must additionally post notice in the building lobby at least 15 days before filing that appeal, and must notify tenants by certified mail of the improvement's total cost, useful life and per-unit surcharge. Landlords may not pass the Township's rental inspection fee on to tenants under § 5-172, and any attempt to waive these tenant notice protections is void under § 5-168.

Violations & Fines

Failing to provide the required certified-mail or personal-service notice, or to file a copy with the Rent Leveling Commission Secretary, is a willful violation of the rent control article and is punishable under Chapter 1, § 1-2, General Provisions, Violations and Penalties, per § 5-167, with each affected leasehold counted as a separate violation. An improperly noticed increase can also be challenged before the Commission, which may adjudicate and void it.

Frequently Asked Questions

How must a Hamilton landlord deliver a rent increase notice?
By certified mail or personal service, on a form approved by the Business Administrator, per § 5-165; an informal notice such as a text message or unsigned letter does not satisfy the requirement.
What must the notice include?
The full calculation behind the increase under the § 5-162 formula, plus the rent the tenant paid under the most recent prior lease, so the tenant can verify the landlord did not exceed the legal cap.
Does the Township see the notice too?
Yes. Section 5-165 requires the landlord to file a copy of the notice form with the Secretary of the Rent Leveling Commission at the same time it goes to the tenant.
What if a landlord skips the required notice?
The increase can be challenged as a willful violation of the rent control article, punishable under § 5-167 and Chapter 1, § 1-2, with each affected unit treated as a separate violation.

Sources & Official References

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