New Jersey Occupancy Limits and Overcrowding Rules for Renters

If you’re renting in New Jersey and are thinking about sharing your home or adding roommates, it’s important to know how occupancy limits and overcrowding laws affect you. This article will walk you through New Jersey’s regulations on how many people can live in a rental, what ‘overcrowding’ means, and what you can do if you think your living situation might be affected.

Understanding Occupancy Limits in New Jersey Rentals

Occupancy limits set the maximum number of people allowed to live in a rental unit. These rules are in place for safety, health, and to keep buildings up to code. In New Jersey, occupancy laws for residential rentals follow both state and local rules.

• New Jersey generally follows the New Jersey State Housing Code, which often uses the “two people per bedroom plus one” guideline¹.
• Some local municipalities may have stricter laws—always check with your city or township’s housing or health department for local ordinances.
• These limits typically apply regardless of the relationship between occupants (family or unrelated roommates).

How Overcrowding Is Defined

Overcrowding happens when more people live in a unit than allowed by law or by the terms of your lease. According to the New Jersey Administrative Code (N.J.A.C. 5:28-1.11):

• No room for sleeping can have less than 70 sq. ft. for the first two occupants, plus 50 sq. ft. for each person after.
• Living rooms, kitchens, and bathrooms are not counted towards bedroom occupancy.
• Local code officials may enforce stricter square footage or total occupancy rules.

It’s important to know what your lease says, as landlords may include occupancy limits in rental agreements. However, they can’t set limits lower than the law allows.

The Impact on Roommates and Subletting

Whether you’re adding a roommate, subletting, or taking in family, occupancy limits still apply. Exceeding them could lead to code enforcement actions, fines, or even eviction. Landlords also have the right to enforce legal limits as part of their property’s compliance with safety and health standards.

What Happens If You’re Over the Limit?

• A local code inspector may issue a violation notice after an inspection or a complaint.
• Too many people in a unit can lead to fines for both tenants and landlords, and sometimes to mandatory relocation for tenants.
• If you’re accused of overcrowding, you will usually be given notice and a chance to fix the situation before facing eviction.

New Jersey protects tenants from discrimination based on family status. But landlords can enforce occupancy limits for safety reasons as long as they follow the law and ordinances.

Official Forms and Complaints

• Form Name: Housing Code Complaint Form (varies by municipality)
  When to use: If you believe your landlord is allowing illegal overcrowding, or if you are being wrongly accused of it, you can file a complaint with your local code enforcement office.
  Example: If your neighbor’s unit seems overcrowded and it affects building safety, submit the complaint to the municipal housing or health department.
  Where to access: Forms and procedures differ by town. A sample for Newark can be found on the City of Newark Housing Code Enforcement page.

• Form Name: Complaint to Enforce the State Housing Code (No specific statewide form)
  When to use: If you are a renter facing code violations related to overcrowding, you can file a complaint with the New Jersey Department of Community Affairs (DCA), Bureau of Housing Inspection.
  Where to access: Find instructions and contact details on the NJ DCA Bureau of Housing Inspection website.

When filing a complaint, provide as much detail as possible: number of occupants, size and rooms in the unit, and why you believe a violation has occurred.

Which Tribunal or Board Handles Disputes?

In New Jersey, landlord-tenant disputes related to occupancy or overcrowding are generally handled by:

• New Jersey Superior Court, Special Civil Part – Landlord/Tenant Section

The Special Civil Part is where eviction proceedings and most rental disagreements are decided.

The primary legislation governing these rights is the New Jersey State Housing Code (N.J.A.C. 5:28-1 et seq.) and the state’s Truth in Renting Act².

Frequently Asked Questions (FAQ)

1. How many people can live in a rented apartment in New Jersey?
   Most units follow the “two people per bedroom plus one” rule, but always double-check your local code.
2. Can a landlord evict me for having too many roommates?
   Yes, if your household size exceeds legal or lease limits, landlords may begin eviction procedures, but you’ll typically receive notice and opportunity to resolve the issue first.
3. Is it discrimination if my landlord limits the number of people in my unit?
   Not if the limits follow state or local occupancy laws. Occupancy rules for safety are generally legal, but landlords may not discriminate based on race, family status, or other protected categories.
4. Where do I complain about overcrowding or unsafe housing?
   File a complaint with your local code enforcement department or the NJ Department of Community Affairs – Bureau of Housing Inspection.

Key Takeaways for New Jersey Renters

• Occupancy rules in New Jersey protect safety and are governed by state and local law.
• Check your lease and local ordinances before adding roommates or subletting.
• If accused of overcrowding, act quickly and know your rights to avoid unnecessary penalties.

If in doubt, always contact your local municipality or seek advice from a housing authority.

Need Help? Resources for Renters

• New Jersey Department of Community Affairs – Bureau of Housing Inspection
• NJ Special Civil Part – Landlord/Tenant Section
• New Jersey State Housing Code
• NJ Truth in Renting Act Guide
• For local issues, contact your city or township’s housing code or health department.

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1. New Jersey Administrative Code – State Housing Code (N.J.A.C. 5:28-1.11)
2. Truth in Renting Act — NJ Department of Community Affairs

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