N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.32
Termination of protected tenancy
Operative Text
11. The administrative agency or officer shall terminate the protected tenancy status immediately upon finding that: a. The dwelling unit is no longer the principal residence of the senior citizen tenant or disabled tenant; or b. The tenant's annual household income, or the average of the tenant's annual household income for the current year, computed on an annual basis, and the tenant's annual household income for the two preceding years, whichever is less, exceeds an amount equal to three times the county per capita personal income, as last reported by the Department of Labor and Industry on the basis of the U.S. Department of Commerce's Bureau of Economic Analysis data, or $50,000.00, whichever is greater. The department shall adjust the county per capita personal income to be used in subsection b. of this section if there is a difference of one or more years between (1) the year in which the last reported county per capita personal income was based and (2) the last year in which the tenant's annual household income is based. The county per capita personal income shall be adjusted by the department by an amount equal to the number of years of the difference above times the average increase or decrease in the county per capita personal income for three years, including in the calculation the current year reported and the three immediately preceding years. Upon the termination of the protected tenancy status by the administrative agency or officer, the senior citizen tenant or disabled tenant may be removed from the dwelling unit pursuant to P.L.1974, c.49 (C.2A:18-61.1 et al.), except that all notice and other times set forth therein shall be calculated and extend from the date of the expiration or termination of the protected tenancy period, or the date of the expiration of the last lease entered into with the senior citizen tenant or disabled tenant during the protected tenancy period, whichever shall be later. If the administrative agency determines pursuant to this section that a tenant is no longer qualified for protected tenancy under this act, the administrative agency shall proceed to determine the eligibility of that tenant under the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), or, in any case in which the administrative agency is not the same as the agency administering that other act in the municipality, refer the case to the appropriate administrative agency for such determination. If the tenant is found to be eligible under the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), his protected tenancy status shall be continued. The protected tenancy status of the tenant shall remain in full force pending such determination. L.1981,c.226,s.11; amended 1987,c.287,s.4; 1991,c.509,s.23.
Under N.J.S.A. 2A:18-51 et seq. § 2A:18-61.32, a protected tenancy status granted to a senior citizen or disabled tenant in New Jersey must be terminated immediately by the relevant administrative agency or officer when either of two conditions is met: the dwelling unit is no longer the tenant's principal residence, or the tenant's household income exceeds the greater of $50,000 or three times the county per capita personal income. When protected tenancy ends, the tenant may still be evaluated for continued protection under the Tenant Protection Act of 1992, and their status remains in force while that determination is pending. If removal ultimately proceeds, all notice periods run from the later of the protected tenancy's expiration or the last lease's expiration.
Plain English — not legal advice.
Property owners and managers dealing with senior citizen or disabled tenants holding protected tenancy status under N.J.S.A. 2A:18-51 et seq. § 2A:18-61.32 should be aware that termination of that status is handled by the local administrative agency, not unilaterally by the landlord. Compliant operators generally monitor whether the administrative agency has issued a formal termination finding before initiating any removal proceedings, and they calculate all required notice periods from the dates specified in the statute rather than from any earlier point. Because the tenant may qualify for continued protection under the Tenant Protection Act of 1992 while a secondary eligibility review is pending, operators typically wait for a final agency determination before taking further action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-51 et seq. § 2A:18-61.32 establishes that a protected tenancy can only be terminated by an administrative agency or officer upon specific findings related to residency or income, meaning a landlord cannot end that status on their own. If an agency determines a tenant no longer qualifies, the tenant's protected status remains in full force while the agency evaluates eligibility under the Tenant Protection Act of 1992, which may allow protection to continue. Tenants who receive notice of a termination finding may wish to contact a local tenant-rights organization or the administering municipal agency to understand the review process and any applicable timelines.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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