:: The New Brunswick Code

The City of New Brunswick has tough ordinances governing occupancy and property maintenance. Before you move into a new place or sign a lease, review the following information. For more detailed information, you can access the New Brunswick Property Maintenance Codes [PDF] online. It could save you from having no place to live, losing money, appearing in court, or having your health and safety threatened. Before you rent a questionable unit, call the Division of Inspections first to determine the legality of the unit your are considering. Their phone number is (732) 745-5075.

:: Illegal Occupancy

Before renting any dwelling or rooms, verify whether the space you want to occupy is legal or not. You especially need to know the legal status of attic and basement bedrooms and dwelling units. Living and diningroom conversions, and singles and double rooms that seem undersized should also be checked for their compliance with New Brunswick codes. The New Brunswick Division of Inspections can help you find out about your unit.  When illegal occupancies are discovered, you may face eviction by the inspectors.

:: Safety

Before signing any lease or rental agreement, you should check for the following:

• A second exit from attic and basement apartments. (Check with the Division of Inspections first.)
• The rental should be equipped with working smoke detectors in common areas and near bedrooms. Check periodically to make sure the batteries are not dead and never remove them from the smoke detectors.
• Fire extinguishers at each level; if non-existent, question the landlord and request that these be provided.
• Headroom in attics should be no less that 7'3" for no less than 2/3 of the total floor area. Headroom in basements should be no less than 7'3" for the entire occupied area. All spaces housing boilers, water heaters, and furnaces should be isolated from the living area with fire rated sheetrock.
• Should any or all of the above not exist, then the rental in question does not meet municipal code and you could face immediate eviction. Demand that these standards be met before you will sign a lease or pay rent.

:: Heat

Buildings with 3 or more apartments, none of which are owner-occupied, must maintain a temperature in all rooms of at least 68 degrees Fahrenheit, from 6 a.m. to 11 p.m. at least 65 degrees Fahrenheit from 11 p.m. to 6 a.m. from October 1 to May 1.

All other buildings must maintain a temperature of at least 68 degrees between 6 a.m. to 11 p.m. and 65 degrees between 11 p.m. and 6 a.m. WHENEVER THE OUTSIDE TEMPERATURE OF A STRUCTURE FALLS BELOW 55 DEGREES.

The landlord is exempt from the above rules if s/he and you agree that the tenant will supply heat to the apartment when the rental is served by separate heating equipment under the your exclusive control.

:: Overcrowding

The New Brunswick Property Maintenance Code requires that each person be provided with a minimum amount of square footage for common areas, such as kitchens, livingrooms, and diningrooms. In addition, there are similar requirements for bedrooms. Overcrowded rooms, when discovered will result in a reduction of occupants by the inspectors.

:: Code Violations

Various state and local codes set minimum standards for dwelling and room units. Notify your landlord in writing and request that whatever problems exist be corrected in a reasonable time (this means "soon" if they are code violations). If they are not corrected, rent may be withheld and placed in an escrow account until the violations have been ameliorated.

Dwelling units must be separate and apart from each other. They may not share space or facilities. Bedrooms must not be the only means of access to other bedrooms or common areas.

A landlord must not permit any person, group or family to occupy an illegal dwelling or room. An inspection officer will notify the owner if it is discovered that an illegal dwelling unit is occupied. The inspector will also cause the illegal dwelling or room to be vacated. If an occupant of an illegal unit is required to relocate from the unit, the owner is liable to the dislocated tenant for all "relocation costs."

An Illegal Dwelling Unit is a rental which must meet anyone or more of the following conditions:

• occupied by an excessive number of persons according to city ordinance or state law
• violates state/county/city requirements for the health, welfare and safety of its occupants
• missing required building or zoning permits
• in violation of any city and county codes or ordinances, or any state law.