Elizabeth rent control: maximum rent increase (2026)
Union County — Chapter 5.70, Rent Control and Stabilization. Full ordinance text ↗
Summary
- Cap formula
- At lease expiration, termination of a periodic tenancy, or the building's anniversary date, the base rent increase is capped at a flat 3% over the base rent received for the prior 12 months.
- Frequency
- No more than one base-rent increase in any 12-month period (§5.70.060(B)).
- Notice required
- 30 days — Any landlord seeking an increase in rent shall provide notice to the tenant no less than 30 days prior to the proposed increase (§5.70.070(A)).
- Who's covered
- Buildings with 3 or more units
- Exemptions
- motels, hotels, rooming houses, and similar dwellings
- housing with 2 or fewer units
- owner-occupied housing with 3 or 4 units
- newly constructed units (permanent exemption)
- new construction (30 yrs from certificate of occupancy, N.J.S.A. 2A:42-84.2)
- Vacancy decontrol
- Vacancy Decontrol with a maximum increase of 20%, lasting 12 months (per DCA survey; not independently re-confirmed against primary ordinance text).
- Registration
- All dwellings subject to this chapter must be registered annually with the Fair Rental Housing Board, including owner/agent contact information, services provided, housing space listing, and present base rent for each unit as of January 1 of each year; completed forms must be filed by March 1 and every subsequent 12 months, and no rent increase may be charged unless the landlord has complied (§5.70.050).
- Surcharges
- Hardship increases available on application to the Board showing the landlord is not receiving a fair return, supported by financial documentation (§5.70.100). Capital improvement or service surcharges require Board approval after at least 30 days' notice to tenants; if granted, the surcharge is not counted as base rent (§5.70.120).
- Penalties
- A willful violation of any provision of the chapter, including willfully filing a material misstatement of fact with the Board, is punishable by a fine of $250–$2,000, imprisonment up to 90 days, or both; a violation affecting more than one leasehold is a separate violation as to each leasehold (§5.70.230). (Note: §5.70.060(C) cross-references "the penalties provided in Section 5.70.220" for a willful cap violation, but §5.70.220 is titled "Rental housing warehousing" and the actual penalties section is §5.70.230 — an apparent drafting cross-reference error in the codified text, not corrected here.)
- Status
- active
- Confidence
- high
- Last verified
- 2026-09-23
Calculate your maximum increase
Ordinance text
At the expiration of a lease, termination of a lease of a periodic tenant or at the anniversary date of the building, no landlord shall request or receive any increase in base rent in excess of three percent over the base rent received for the twelve (12) months prior.Chapter 5.70, Rent Control and Stabilization — https://library.municode.com/nj/elizabeth/codes/code_of_ordinances?nodeId=TIT5BULIRE_CH5.70RECOST
State survey entry
- Increase limit
- 3%. Hardship or capital improvement increases may be approved by Board.
- Units covered
- 3+
- Exceptions
- Exception(s) - Motels, hotels, rooming houses, similar dwellings, housing with 2 or less units, owner-occupied housing with 3 or 4 units, and newly constructed units (permanently). Vacancy Decontrol with a maximum increase of 20%, lasting 12 months
Source: NJ Department of Community Affairs, 2026 Rent Control Survey — nj.gov
Open questions
- A November 2026 local ballot measure regarding a flat $20 rent-increase cap was reported as pending in Elizabeth as of mid-2026; it is NOT enacted law as of this verification date and is not reflected in this record.
- §5.70.060(C) cross-references "Section 5.70.220" for penalties on a willful cap violation, but that section is "Rental housing warehousing," not the penalties section (§5.70.230); flagging as a likely drafting error in the source code rather than editing the cap field.
Rent board
Fair Rental Housing Board · (908) 820-4181 · https://www.elizabethnj.org/213/Rent-Control
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