N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-18.1
Residential rental property application fee not to exceed $50
Operative Text
1. a. A landlord, or agent thereof, shall not require an application or other similar fee to apply to lease or sublease a residential rental property for dwelling purposes, which exceeds $50. b. A landlord, or agent thereof, who violates subsection a. of this section shall be liable for a penalty of up to $500 for a first offense, up to $750 for a second offense, and up to $1,000 for each subsequent offense, which shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court, Law Division, Special Civil Part in the county in which the residential rental property is located shall have jurisdiction over the proceedings. Process shall be in the nature of a summons or warrant and shall issue upon the complaint of the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or the Attorney General. Following the proceedings, the amount wrongfully charged shall be taken from the collected penalty and shall be remitted to the applicant or prospective tenant. c. The requirements of subsection a. of this section shall not apply to: (1) a dwelling unit located in a one-family or two-family dwelling that is offered for rent; or (2) a licensee of the New Jersey Real Estate Commission, unless the licensee is the landlord of the residential rental property. d. Beginning on January 1 of the year next following enactment of P.L.2025, c.405 (C.46:8-18.1 et seq.) and each year thereafter, the amount of the fee limitation established pursuant to subsection a. of this section shall be adjusted by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in direct proportion to the percent change in the Consumer Price Index over a 12-month period ending October 31 of the previous year. For the purpose of this section, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor. The State Treasurer shall determine the amount of the adjustment by December 1 of each year, and the adjustment to the limitation shall become effective for fees charged during the calendar year following the December 1 determination, beginning with fees made on or after January 1 of each calendar year. An adjustment in the fee limitation shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero. The Director of the Division of Consumer Affairs shall annually publish the fee limitation applicable pursuant to this section on the division’s Internet website. L.2025, c.405, s.1.
Under N.J.S.A. 46:8-18.1, landlords and their agents in New Jersey generally cannot charge prospective tenants more than $50 to apply for a residential rental unit, with that cap subject to annual cost-of-living adjustments tied to the regional Consumer Price Index. The rule does not apply to one- or two-family homes offered for rent, nor to licensed New Jersey real estate agents who are not themselves the landlord. When a violation occurs, any overcharge collected as part of a penalty must be returned to the applicant or prospective tenant who paid it.
Plain English — not legal advice.
Operators of multi-family residential rental properties in New Jersey covered by N.J.S.A. 46:8-18.1 generally keep their application fees at or below the current statutory cap, which started at $50 and is adjusted annually each January based on regional inflation data. Compliant operators track the Division of Consumer Affairs website each year to confirm the updated fee ceiling before setting or renewing their application fee schedules. Landlords who use licensed real estate agents should confirm whether those agents qualify for the statutory exemption, since the exemption does not extend to a licensee who is also the landlord of the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8-18.1 gives most residential rental applicants in New Jersey the right to pay no more than the current capped application fee—starting at $50 and adjusted annually—when applying to lease a unit in a building that is not a one- or two-family home. If a landlord or their agent charges more than the permitted amount, the law provides for penalties of up to $500 for a first offense, with higher amounts for repeat violations, and requires that any overcharge be refunded to the applicant from the collected penalty. Tenants who believe they have been overcharged may consider filing a complaint with the Division of Consumer Affairs in the Department of Law and Public Safety, or consulting a tenant-rights organization familiar with New Jersey housing law for guidance on available options.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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