Irvington, NJ Rental Property Rules: Rent Increase Notice (2026)
Key Facts
- Notice required
- 60 days' written notice
- Governing section
- Township Code § 472-2
- Proof of mailing
- written certification required, kept 3 years
- Increase cap with heat
- 4% of prior year's rent
- Increase cap, no heat
- 3% of prior year's rent
- Senior tenant cap
- 2% annually
- Registration lapse penalty
- increase barred for the year
Summary
Irvington landlords must give tenants 60 days' written notice before any rent increase permitted under the Township's rent control law. Notice by ordinary mail isn't effective unless the landlord certifies in writing that it was mailed; unsigned-receipt or unmailed notice doesn't count at all.
§ 472-2. Notification of rental increase. A. Any landlord who shall increase rents as provided in § 472-1 hereof shall give 60 days' written notice to his/her tenants by any reasonable means of said increase; provided, however, that when said notice is not mailed to the tenant's residence, delivery is not considered to have been accomplished unless a signed receipt is obtained from the tenant or his/her representative. If a tenant is notified by mail other than certified or registered mail, the landlord or the landlord's representative shall certify in writing that the landlord mailed the notice to the tenant. Said certification shall be retained for a period of three years. B. Rent increases for any unit in the entire property shall be prohibited in any calendar year in which the landlord failed to timely file a rent registration for the property where landlord seeks to increase any rent.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).
Full Breakdown
Township Code § 472-2 governs how a rent increase must be communicated under Irvington's rent control chapter. Any landlord raising rent under § 472-1 must give tenants 60 days' written notice of the increase "by any reasonable means," but the ordinance builds in a real proof requirement: if the notice isn't mailed to the tenant's residence, delivery isn't considered accomplished unless a signed receipt is obtained from the tenant or a representative. If the landlord instead uses ordinary mail rather than certified or registered mail, the landlord or the landlord's representative must certify in writing that the notice was actually mailed, and that certification has to be kept on file for three years.
Section 472-2B adds a separate trigger tied to the Township's registration system: rent increases for every unit in a property are prohibited for the entire calendar year if the landlord failed to timely file the property's rent registration. The increase the notice announces is itself capped under § 472-1: 4% of the prior year's rent where the landlord supplies heat, 3% where the landlord doesn't, and 2% annually for a sole tenant or household of tenants all age 65 or older, regardless of who pays for heat.
No tenant can be made to pay more than one increase in any twelve-month period, and no tax surcharge is allowed on account of higher municipal property taxes. The rent control chapter does not reach every rental in Irvington: § 472-3 exempts motels and hotels, dwellings of two units or fewer, and three- or four-unit dwellings where an owner occupies at least one unit. A landlord who wants more than the capped increase must instead apply to the Rent Leveling Officer for a hardship or major capital improvement surcharge under § 472-4, which carries its own notice-to-tenants requirement (posted in the building's lobby or entranceway and mailed at least two weeks before the first hearing) separate from the routine § 472-2 notice.
Violations & Fines
A willful violation of any provision of Chapter 472, including a material misstatement of fact filed with the Rent Leveling Officer, is punishable under Township Code Chapter 1, Article III (the general penalty chapter), per § 472-12. A violation affecting more than one dwelling unit counts as a separate violation for each unit. Tenants overcharged because of a landlord's violation can recover a refund retroactive two years from the date of the complaint, and the Rent Leveling Officer or a designee may issue any penalty outlined in the chapter. Complaints must be filed with the Rent Leveling Board in writing within one year of the violation.
Frequently Asked Questions
How much notice must an Irvington landlord give before raising rent?
Does mailing a rent increase notice by regular mail satisfy the law?
Can an Irvington landlord raise rent if the property isn't registered?
Is there a cap on how much Irvington rent can go up along with the notice?
Sources & Official References
Other rules in Irvington
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