New Jersey Renters’ Emergency Rights During Storms and Floods

New Jersey renters often face unique challenges during major storms, hurricanes, or floods. Understanding your rights during and after a weather emergency can help you protect yourself, your possessions, and your ability to stay housed. This guide explains key protections and steps you can take as a New Jersey renter facing storm or flood emergencies.

Your Rights During Emergency Conditions

When severe weather or flooding impacts your rental home, New Jersey law and emergency orders may provide extra protections. These rights help to keep you safe, ensure communication with your landlord, and set rules about eviction freezes and repairs.

  • Right to Safe and Habitable Housing: Your landlord must maintain the unit so it is safe and livable, even after storm or flood damage. This is guaranteed by New Jersey's "warranty of habitability" under the New Jersey Truth in Renting Act.[1]
  • Protection Against Unlawful Eviction: During most declared emergencies (such as hurricanes or states of emergency), the Governor may pause certain types of evictions—known as an "eviction moratorium." Always check the Governor's Executive Orders for active protections.[2]
  • Right to Request Repairs: If a storm damages your rental, you should ask your landlord to make needed repairs in writing.
  • Right to Withhold Rent or File a Complaint: If your landlord does not make essential repairs that are their responsibility, you may have the right to withhold rent or file a formal complaint with the state. Always follow correct legal steps before withholding rent.

What Happens if Your Home Becomes Unlivable?

If storms or flooding make your home unsafe or "uninhabitable," you have important protections under New Jersey law:

  • Temporary Relocation: If your home is deemed unlivable, you may be eligible for emergency shelter or temporary housing assistance. Contact the New Jersey 2-1-1 service or your local municipality for help.
  • Rent Abatement: You may not be required to pay rent if you cannot live in the property. This is known as "rent abatement." Document the conditions of your home with photos and written communication to your landlord.
  • Personal Property Protection: After a major flood, ask your landlord for a safe time to recover your belongings. If access is denied, seek local legal aid.

Key Forms and How to Use Them

If your landlord fails to respond or make urgent repairs after a flood or storm, these forms may be helpful:

  • Housing Code Complaint Form (varies by municipality):
    Use this form to formally report unsafe or uninhabitable conditions to your city or township’s code enforcement or health department. For example, Newark renters can complete the Newark Housing Code Complaint Form.
    When to use: If your landlord does not fix dangerous damage (such as mold or exposed wiring) after a storm, submit this form to your local housing or building department.
  • Emergency Assistance Application (DCA-ESA-1):
    This form is provided by New Jersey’s Department of Community Affairs. It’s used to request emergency rental assistance or rehousing following disasters. Access the process via the Official NJ DCA Emergency Assistance portal.
    When to use: If you are displaced by a storm or flood and need help paying for a new place to live, submit this application online or through your county Board of Social Services.
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Who Oversees Renter Rights & Storm Protections?

In New Jersey, disputes about emergency conditions, evictions, or rental repairs may be resolved by the New Jersey Superior Court, Special Civil Part, Landlord/Tenant Section.[3] This tribunal hears cases about tenant complaints, housing conditions, and eviction. Municipal code enforcement offices also investigate unsafe housing complaints at the local level.

Steps to Take if Your Rental Is Damaged in a Storm or Flood

If your home has been affected by a natural disaster, follow these steps to protect your rights and safety:

  1. Document all damage with photos and make a written list.
  2. Notify your landlord in writing (email or certified mail) about the damage and needed repairs. Keep a copy of your request.
  3. Contact your municipality’s housing or code enforcement office if your landlord does not respond.
  4. If conditions are unsafe, apply for emergency assistance and consider filing a formal complaint using the forms described above.
  5. Consult the tribunal or court if your landlord threatens eviction or refuses to make legally required repairs.
If your landlord begins an eviction process during an official state of emergency, check government websites to see if an eviction moratorium or delay is active. This may give you more time and legal protection to resolve the issue.

Frequently Asked Questions (FAQ)

  1. What should I do first if my rental is damaged in a storm?
    Start by documenting all damage, then contact your landlord in writing to request emergency repairs. If there's no response, contact your local code enforcement office.
  2. Can my landlord evict me after a storm or flood?
    A landlord cannot evict you solely due to property damage caused by natural disasters. During official states of emergency, additional eviction protections might apply.
  3. Do I need to keep paying rent if my unit is uninhabitable?
    If your rental is legally uninhabitable due to a disaster, you may be entitled to withhold rent ("rent abatement") until repairs are made or you are provided with alternative housing.
  4. How do I file a complaint about unsafe conditions?
    Fill out a Housing Code Complaint Form with your municipality, describing the hazards and attaching documentation like photos.
  5. Where can I get help if I can’t stay in my home after a flood?
    Contact NJ 2-1-1 or your county Board of Social Services to apply for temporary shelter, rental aid, or to submit an Emergency Assistance Application.

Conclusion: Key Takeaways for New Jersey Renters

  • New Jersey law requires landlords to provide safe, livable rentals—even after storms or floods.
  • Document damage, communicate with your landlord, and use official forms if urgent repairs are not handled.
  • Seek local help, emergency assistance, or file a complaint if you’re denied your legal rights during an emergency.

Need Help? Resources for Renters


  1. New Jersey Truth in Renting Act: Tenant Rights Manual
  2. Current Executive Orders: Governor of New Jersey
  3. Tribunal: NJ Superior Court, Landlord/Tenant Section
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.