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

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

Key Facts

Governing sections
West New York Town Code §§ 312-2 and 312-5
Delivery method
Certified mail, return receipt requested
Lead time
At least one month before the effective date
Copy required
Rent Control Board, served simultaneously
Oral notice
Ineffectual and void (§ 312-5)
Penalty
Fine up to $500 or up to 30 days (§ 312-23)

Summary

In the Town of West New York, New Jersey (Hudson County), a landlord seeking a rent increase on a rent-controlled apartment must serve written notice on the tenant by certified mail, return receipt requested, at least one month before the effective date, with a simultaneous copy to the Rent Control Board. The notice must show the reasons and the Consumer Price Index calculation, and oral notices are ineffectual and void.

All notices shall be served on the tenant by certified mail, return receipt requested, or any other form of receipted delivery at least one month before the effective date, which date shall be the date rent is legally due. ... Any landlord seeking an increase in rent for whatsoever reason under this chapter shall notify the tenant of the proposed increase in writing by certified mail, return receipt requested, with copies to the Rent Control Board, likewise by certified mail, return receipt requested. Said notice shall specifically set forth the reasons and calculations involved in computation of the proposed increase including the Consumer Price Index at the date of the last rent increase, the Consumer Price Index 90 days before the latest increase, the allowable percentage increase and the allowable rental increase. Oral or verbal notices of increase shall be ineffectual and void.

Full Breakdown

Two sections of the West New York Town Code govern how a rent increase is noticed. Section 312-2 requires every notice to be served on the tenant by certified mail, return receipt requested, or another form of receipted delivery, at least one month before the effective date, which is the date rent is legally due. The landlord must serve a copy on the Rent Control Board by certified mail, return receipt requested, at the same time as the tenant, and must file a notarized affidavit of service with the Board.

Certified mail that is refused can be remailed by ordinary mail and is effective as though accepted. Section 312-5 covers content. The notice must be in writing and must specifically set forth the reasons and calculations behind the proposed increase: the Consumer Price Index at the date of the last rent increase, the Consumer Price Index 90 days before the latest increase, the allowable percentage increase and the allowable rental increase. The definition in § 312-1 adds that each notice must set forth all the reasons justifying or requiring the increase and an itemized computation of its elements.

Notice is only the first step. Under § 312-3 F, a landlord cannot charge the full 5% cost-of-living increase until he has certified to the tenant and the Rent Control Board that he is in substantial compliance with municipal and state maintenance laws and has filed a copy of the notice with the Board simultaneously with service on the tenant. Section 312-19 caps combined increases for all causes at 15% in any one twelve-month period and tells landlords to make every effort to assert all authorized increases in a single annual notice.

A hardship or capital improvement application carries a separate notice, served by certified mail at least 20 days before any hearing under § 312-8. Under § 312-4, only an increase legally established under the chapter has any effect.

Violations & Fines

Section 312-5 declares oral or verbal notices of increase ineffectual and void, and § 312-4 voids any rent above the maximum and gives effect only to an increase legally established under Chapter 312. Violations of the chapter, including a material misstatement of fact in a filing, are punishable under § 312-23 by a fine of not more than $500 or imprisonment for not more than 30 days, or both, with each affected leasehold or tenancy counted as a separate violation.

Frequently Asked Questions

How far ahead must a West New York landlord give notice of a rent increase?
Section 312-2 requires service on the tenant at least one month before the effective date, which is the date rent is legally due. Service must be by certified mail, return receipt requested, or another form of receipted delivery, and the landlord must also file a notarized affidavit of service with the Rent Control Board.
Can a landlord raise the rent by phone or word of mouth?
No. Section 312-5 says oral or verbal notices of increase are ineffectual and void. The notice must be in writing, sent by certified mail, return receipt requested, with copies to the Rent Control Board likewise sent by certified mail, return receipt requested.
What must the increase notice say?
Section 312-5 requires the reasons and calculations for the proposed increase, including the Consumer Price Index at the date of the last rent increase, the Consumer Price Index 90 days before the latest increase, the allowable percentage increase and the allowable rental increase. The § 312-1 definition adds an itemized computation of its elements.
What must a landlord tell a new tenant about past increases?
Section 312-3 G requires the landlord to give a new tenant, no later than receipt of the first month’s rent, a written statement of the previous tenant’s name, the rent charged for the apartment and the date and amount of the last rental increase. A copy goes to the Rent Control Board within 10 days of delivery.

Sources & Official References

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