NEWARK RENT CONTROL
Division: Office of Boards and Commissions
Department: Economic & Housing Development
Newark Rent Control is regulated by an Ordinance in the City of Newark and is not a state law.
The Rent Control Ordinance was passed by the Newark Municipal Council on November 20,
It is the responsibility of the Rent Control Office to inform both landlords and tenants of their
rights and responsibilities relating to Rent Control in the City of Newark.
The following most frequently asked questions pertaining to Rent Control have responses that
provide information about Rent Control. However, for additional information, please feel free to
contact us at (973) 733-3675 or visit our office at City Hall, Room 113, 920 Broad Street.
RENT CONTROL QUESTIONS AND ANSWERS
Q. ARE ALL DWELLINGS IN THE CITY OF NEWARK UNDER RENT
A. No. Existing owner-occupied one, two, three and four family dwellings are exempt from
Rent Control. Newly constructed one, two, and three family dwellings are exempt for
from Rent Control for five years regardless of owner occupancy if the landlord applies
for and receives an exemption from the Rent Control Board prior to renting to any
tenants. All newly constructed dwellings of four or more units are exempt from Rent
Control for 30 years. All public housing is also exempt.
Q. HOW MUCH CAN A LANDLORD INCREASE RENT EVERY YEAR?
A. Landlords may increase rents 5% for dwellings of 49 units or less, or 4% for dwellings of
50 units or more.
Q. CAN A LANDLORD GET MORE THAN THE ALLOWABLE 5% OR 4%
ANNUAL INCREASE WITH APPROVAL FROM THE RENT CONTROL
A. Yes. With the Board’s approval a hardship rental increase, a capital improvement
surcharge, a rehabilitation exemption, a tax surcharge, a utilities surcharge and a vacant
apartment increase can be obtained.
Q. IF A TENANT’S RENT IS INCREASED MORE THAN THE 5% OR 4%
ALLOWED, WHAT SHOULD HE DO?
A. File a petition with Rent Control for an adjustment in his rent.
Q. CAN A LANDLORD EVICT A TENANT FOR FILING A PETITION WITH
A. No. Your landlord shall not bring action to recover possession of your apartment as a
reprisal of your efforts to enforce your rights under Rent Control.
Q. IF AN OWNER REGISTERS A BUILDING WITH THE CITY CLERK’S
OFFICE, SHOULD HE ALSO REGISTER WITH RENT CONTROL?
A. Yes. The ordinance requires you to register your property with Rent Control. The Board
may deny an increase if you fail to register the property with Rent Control.
Q. WHAT SHOULD I DO IF I AM NOT SATISFIED WITH THE BOARD’S
A. A tenant or landlord aggrieved by any action, regulation or determination of the Board
may appeal to a court of appropriate jurisdiction.
Q. IF A LANDLORD TAKES AWAY A SERVICE SUCH AS HEAT OR HOT
WATER, SHOULD HE ARBITRARILY ADJUST THE RENT ON HIS OWN?
A. No. The Board is responsible to grant a rent decrease equal to the cost of providing
service of heat, hot water, etc. based on documentation submitted by the landlord.
Q. IF A BUILDING IS CONVERTED TO A CONDO, ARE THE TENANTS STILL
PROTECTED BY RENT CONTROL?
A. Yes. All tenants are protected for a specified period of time.
Q. CAN A LANDLORD INCREASE THE RENT ON A VACANT APARTMENT
MORE THAN THE ALLOWABLE 5% OR 4%?
A. Yes. A maximum of 25% increase may be granted if the landlord substantiates to the
Administrative Office that $100 or more was spent per room to rehabilitate the vacant