Cal. Civ. Code § 5:11-2.1
Building, housing, and health code enforcement
Operative Text
(a) Whenever a State Agency or unit of local government undertakes a program of building code enforcement, housing code enforcement or health code enforcement that causes the displacement of any person, the said State Agency or unit of local government shall provide relocation payments and assistance to all lawful occupants who are displaced, as provided in N.J.A.C. 5:11-3 and 4. The date of eligibility shall be the date occupants received formal written notice to vacate from the State Agency or unit of local government. Said written notice shall include the information required pursuant to N.J.A.C. 5:11-4.2. (b) An order to vacate issued by a State Agency or unit of local government, pursuant to the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and N.J.A.C. 5:23-2.32(b)1, because a building has become unsafe or uninhabitable as a direct result of a natural disaster, soil subsidence, fire, a latent defect or other sudden and unforeseeable occurrence is not displacement within the meaning of these rules and no relocation benefits shall be due any occupants or former occupants of such a building. However, a municipality may, pursuant to N.J.S.A. 20:4-3.1, voluntarily provide relocation benefits to such displacees but shall receive no reimbursement through any State grant-in-aid for the cost of doing so. (c) An owner-occupant who is displaced by health, building or housing code enforcement shall not be entitled to relocation benefits if the code violation which resulted in displacement was caused by factors for which the owner is liable. Any such owner-occupant who is entitled to benefits shall be entitled to the benefits applicable to tenants only. (d) No tenant displaced by code enforcement shall be eligible for benefits if the code violation which resulted in displacement was primarily caused by that tenant's own conduct and not by factors for which the owner is liable under N.J.S.A. 20:4-4.1. 1. In the event that there has been no prosecution of the owner under N.J.S.A. 20:4-4.1, a displaced lawful occupant shall be presumed to be eligible for relocation benefits unless it is established by agreement or by administrative hearing that the code violation was primarily attributable to conduct of the displaced person.
N.J.A.C. § 5:11-2.1 establishes when government-initiated code enforcement actions trigger an obligation to provide relocation payments and assistance to displaced occupants. When a state agency or local government enforces building, housing, or health codes in a way that forces people to leave their homes, those lawful occupants generally become eligible for relocation benefits as of the date they receive formal written notice to vacate. However, the rule carves out exceptions: displacements caused by sudden events like natural disasters or fires do not trigger mandatory benefits, and occupants — whether owners or tenants — who are primarily responsible for the code violation that caused their own displacement may be disqualified from receiving benefits.
Plain English — not legal advice.
Under N.J.A.C. § 5:11-2.1, property owners who are also occupants and are displaced by code enforcement should be aware that their eligibility for relocation benefits depends on whether the underlying code violation was caused by factors attributable to them. Compliant operators generally maintain properties in a condition that meets applicable building, housing, and health codes, which reduces the risk of enforcement-driven displacement in the first place. Owner-occupants who do qualify for benefits under this provision are entitled only to the benefit levels applicable to tenants, not any enhanced owner-specific benefits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:11-2.1 provides important protections for tenants displaced by government code enforcement actions, establishing a presumption of eligibility for relocation benefits unless it is shown — through agreement or administrative hearing — that the tenant's own conduct primarily caused the code violation. Eligibility begins on the date a tenant receives formal written notice to vacate from the state agency or local government, and that notice must include specific information required under N.J.A.C. 5:11-4.2. Tenants who believe they are entitled to relocation benefits under this provision may wish to consult a tenant-rights organization or legal aid service to understand the available complaint and hearing processes.
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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