Cal. Civ. Code § 5:10-1.4
Scope
Operative Text
(a) This chapter shall apply to the repair, maintenance, occupancy and use of new and existing hotels, retreat lodging facilities and multiple dwellings in the State of New Jersey. (b) A building section containing four or fewer dwelling units shall not be considered to be a portion of a multiple dwelling, if it: 1. Is held under a condominium or cooperative form of ownership or by a mutual housing corporation; 2. Has no dwelling units not occupied by unit owners, if a condominium, or by shareholders, if a cooperative or mutual housing corporation. i. If there are both owner-occupied units and units that are not owner-occupied within a building section, then the owner-occupied units within that building section, and only the owner-occupied units, shall be considered not to be portions of a multiple dwelling. ii. The condominium association or cooperative or mutual housing corporation shall provide the Bureau with any information necessary to justify an exemption for a dwelling unit or building section pursuant to this paragraph. 3. Has at least two exterior walls unattached to any adjoining building section; and 4. Is attached to any adjoining building sections exclusively by fire separation walls. The fire separation wall shall have a 1 1/2 hour minimum fire resistant rating for buildings constructed prior to January 1, 1977, or the rating required by the State Uniform Construction Code, N.J.A.C. 5:23, at the time of construction.
N.J.A.C. § 5:10-1.4 establishes the scope of New Jersey's hotel, retreat lodging, and multiple dwelling maintenance and occupancy regulations. The chapter covers both new and existing buildings statewide, but carves out an exemption for certain small condominium, cooperative, or mutual housing corporation building sections of four or fewer units — provided those units are owner-occupied, the section has sufficient exterior wall separation, and any shared walls meet specified fire-resistance standards. Where a building section contains a mix of owner-occupied and non-owner-occupied units, only the owner-occupied units may qualify for the exemption.
Plain English — not legal advice.
Operators and owners of hotels, retreat lodging facilities, and multiple dwellings in New Jersey should be aware that N.J.A.C. § 5:10-1.4 brings their properties under the state's repair, maintenance, and occupancy standards. Compliant operators of condominium or cooperative buildings with four or fewer units in a section typically document owner-occupancy status and structural separation details to support any exemption claim. Condominium associations and cooperatives are expected to supply the Bureau with whatever information is needed to substantiate an exemption for a particular unit or building section under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.A.C. § 5:10-1.4, tenants living in hotels, retreat lodging facilities, or multiple dwellings in New Jersey are generally protected by the state's maintenance and occupancy standards established in this chapter. Tenants in buildings where an owner claims an exemption — such as a small condominium or cooperative section — may want to verify whether that exemption legitimately applies, since non-owner-occupied units in a mixed building section are not excluded from coverage. Tenants who believe the chapter's protections apply to their building can explore options such as contacting a tenant-rights organization or raising the applicability of this provision when addressing housing conditions concerns.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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