Cal. Civ. Code § 5:28-1.2
Definitions
Operative Text
The words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows. "Administrative Authority" shall mean the department, branch or agency of this municipality which is authorized by the adopting ordinance to administer the provisions of this chapter. "Building" shall mean any building or structure, or part thereof, used for human habitation, use, or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith. "Dwelling" shall mean a building or structure or part thereof containing one or more dwelling units or lodging units. "Dwelling unit" shall mean any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking, and eating. "Garbage" shall mean the animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food. "Habitable room" shall mean a room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, and storage spaces. "Infestations" shall mean the presence, within or around a building, of any insects, rodents, or other pests. "Local health agency" shall mean any county, regional, municipal or other governmental agency organized for the purpose of providing health services, administered by a full-time health officer and conducting a public health officer program pursuant to law. "Lodging house" shall mean any building, or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner. "Lodging unit" shall mean a rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building. "Occupant" shall mean any person or persons in actual possession of, and living in the building or dwelling unit, including the owner. "Owner" shall mean any person properly authorized to exercise powers of, or for an owner of property for purposes of its purchase, sale, use, occupancy, or maintenance. "Person" shall be given the same meaning as defined in R.S. 1:1-2 of the Revised Statutes of New Jersey. "Plumbing fixtures" shall mean and include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected. "Public Officer" shall mean the officer or officers who are authorized by the adopting Ordinance to exercise the powers prescribed by this chapter. "Rubbish" shall mean and include all combustible and noncombustible waste material, except garbage. "Utilities" shall mean and include electric, gas, heating, water and sewerage services, and equipment therefor.
N.J.A.C. § 5:28-1.2 establishes the official definitions for key terms used throughout New Jersey's housing maintenance and occupancy code. Words like "building," "dwelling unit," "habitable room," "owner," and "occupant" are given specific, standardized meanings that govern how the rest of the chapter is interpreted and applied. These definitions set the boundaries of who and what is covered by the code's requirements, ensuring consistent interpretation across different municipalities that adopt the ordinance.
Plain English — not legal advice.
Under N.J.A.C. § 5:28-1.2, property owners and managers should be familiar with how terms like "owner," "dwelling unit," and "building" are formally defined, since these definitions determine the scope of obligations under the broader housing code. For example, the definition of "owner" extends to any person authorized to act on behalf of a property's owner, meaning that property managers may fall within the code's reach. Compliant operators generally ensure that anyone acting in an ownership or management capacity understands these definitions and how they apply to the properties being managed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28-1.2 provides the foundational definitions that shape tenant protections throughout the housing maintenance code, including what qualifies as a "dwelling unit," "habitable room," and "infestation." Understanding these definitions can help tenants recognize whether their living space falls within the code's coverage and whether conditions they are experiencing — such as pest infestations or inadequate facilities — are addressed by the chapter. Tenants who believe their unit is affected by code violations may consider contacting their local health agency or the municipality's Administrative Authority, or reaching out to a tenant-rights organization for general guidance.
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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