Three or more residential living units is considered "multiple dwelling."
Any building that houses three or more units for the purpose of residential living must comply with the New Jersey Hotel and Multiple Dwelling Health and Safety Code (Multiple Dwelling code) standards. The code has very specific regulations regarding every aspect of the rental property, its maintenance, upkeep and safety provisions. Hotels and multiple dwellings are required to be registered with the Bureau of Housing Inspection and be inspected every five years.
Habitability
Broken windows do not promote habitability.
The landlord is responsible for maintaining the property in a manner that is decent and safe for habitation. If the landlord fails to keep the property in habitable condition, or fails to remedy a problem within a reasonable amount of time, the tenant may take measures to remedy the problem himself. The tenant may then deduct the amount of the cost for repair, or remedy, from the next month's rent.
Before the tenant can take such action, he must notify the landlord, in writing -- by way of certified mail, return receipt requested -- of the existing condition and request for remedy. The tenant must allow a reasonable amount of time, from the receipt of notice (usually seven days), for the landlord to respond and correct the problem. The cause of the condition must not have been by fault of the tenant or anyone associated with the tenant's residence. The condition must be of a "vital facility." Things that make the property habitable are considered "vital facility." Examples of "vital facilities" are running water, toilets and windows; they are "vital" to maintain habitability of a property.
Paint
Walls are to be kept free from peeling paint.
The landlord must maintain interior ceilings and walls. They must be kept free from cracks, peeling paint and flaking. They must be smooth and clean and in sanitary condition. Except under special circumstances such as flood or fire, the responsibility of painting falls upon the tenant if it is necessitated more than once every three years. A rental property residence is not required to be painted between tenants.
Properties built before 1978 that are intended to be rented as a living residence for more than 100 days may pose specific threats of lead-based paint. The landlord is required to provide tenants with a copy of the informational pamphlet "Protect Your Family From Lead in Your Home." Included with the rental agreement, he must also include a federal disclosure form about lead-based paint and any lead evaluation reports.
Water and Heating
Hot water must be a minimum of 120 degrees.
A landlord who supplies heat and/or water to his tenants has specific responsibilities. From October 1 to May 1, room temperatures are to be maintained at not less than 68 degrees from 6 a.m. to 11 p.m., and not less than 65 degrees from 11 p.m. to 6 a.m. Hot water is to be held at a minimum of 120 degrees and a maximum of 160 degrees.
The utility company must notify any tenant concerned if there is to be a disconnection due to nonpayment on the landlord's behalf. Utility companies are required to allow the tenant to resolve the problem and agree to make future payments. The tenant would then follow up with legal action upon the landlord for repayment of monies, or deduct the amount from future rent.
Window Guards and Screens
Window guards must be supplied upon written notice for children under 10.
From October 1 to May 1, any residence five floors or below with windows that open must be equipped with screens. They must be kept in good condition and maintained by the landlord.
Upon written request of a tenant who has children 10 years of age or younger residing within the rental property, the landlord must supply, install and maintain child-protective window guards. They are to be installed within the residence, as well as in any accessible public windows in halls, with the exception of fire escape access and windows on the first floor. Any rental agreement must contain mention of this notice to tenants. The landlord must also provide notice of window guard regulations yearly.
Smoke and Fire Alarms
Smoke alarms are to be maintained by the landlord.
Smoke and fire alarms must be supplied and maintained as mandated by the Commissioner of the Bureau of Housing Inspection. Each dwelling, depending upon its specifics, has different mandatory number and placement regulations which are to be handed down by the Commissioner.
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