Cal. Civ. Code § 5:10-26.2
Buildings ordered vacated
Operative Text
In any building which has become unoccupied by reason of having been ordered vacated by the Bureau pursuant to N.J.S.A. 55:13A-17, it shall be unlawful for the owner thereof to cause or permit such building to be used in whole or in part for living purposes, other than by a janitor, superintendent or resident caretaker, until the violation(s) upon which the order to vacate was based shall have been abated.
Under N.J.A.C. § 5:10-26.2, once the Bureau orders a building vacated under N.J.S.A. 55:13A-17, that building may not be used for residential living — even partially — until every violation that triggered the vacate order has been corrected and abated. The only exception carved out by the provision is for a janitor, superintendent, or resident caretaker who may remain on the premises. The rule effectively keeps a building off-limits for tenants until the underlying housing code violations are fully resolved.
Plain English — not legal advice.
Property owners and managers subject to N.J.A.C. § 5:10-26.2 generally ensure that no residential occupancy resumes in a Bureau-vacated building until all cited violations have been formally abated. Compliant operators document the correction of each violation that formed the basis of the vacate order before allowing any tenant back into the building. Only on-site maintenance personnel such as a janitor, superintendent, or resident caretaker are permitted to occupy the premises during this period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-26.2 establishes that tenants have a right not to be placed back into a building that was ordered vacated until the violations behind that order are fully corrected. If a landlord attempts to have tenants reoccupy a vacated building before abatement is complete, that may constitute a violation of this provision that can be raised with the Bureau of Housing Inspection or used as a defense in related proceedings. Tenant-rights organizations and legal aid services can help individuals understand what options may be available when a landlord appears to be circumventing a vacate order.
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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