Cal. Civ. Code § 5:10-1.9
Continuation of lawful existing use
Operative Text
The lawful occupancy and use of any building may be continued unless a change is specifically required by the provisions of this chapter.
Under N.J.A.C. § 5:10-1.9, a building that is already being lawfully occupied and used is generally permitted to continue that occupancy and use without modification. A change to how the building is occupied or used is only required if a specific provision elsewhere in N.J.A.C. § 5:10 explicitly mandates it. This rule establishes a baseline presumption in favor of continuity for existing lawful uses.
Plain English — not legal advice.
N.J.A.C. § 5:10-1.9 provides property owners with a degree of stability by allowing lawfully established occupancy and use to continue without automatic disruption. Compliant operators typically document the existing lawful use of their buildings so they can demonstrate continuity if questions arise under other provisions of N.J.A.C. § 5:10. Reviewing the full chapter helps identify whether any specific provision does require a change to a particular building's use or occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-1.9 affirms that tenants in a lawfully occupied building generally have a right to continue that occupancy unless a specific rule within N.J.A.C. § 5:10 requires otherwise. If a landlord attempts to disrupt an established lawful use by citing this chapter, tenants may want to review whether any provision actually mandates the change being claimed. Tenant-rights organizations or a housing attorney can help identify whether a specific provision of N.J.A.C. § 5:10 truly requires the change at issue.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.