N.J. Stat. Ann. § 46:8C-1 et seq. § 46:8C-21
Relocations, variances, certain, prohibited
Operative Text
12. No agency of municipal, county or State government, or of any agency or instrumentality thereof, shall approve or take any other final action upon any application for a variance which would result in the removal of homes or relocation of homeowners residing in a private residential leasehold community, without first determining that adequate private residential facilities and circumstances exist for the relocation of those homeowners. L.1991,c.483,s.12; amended 1995,c.365,s.12.
Section 46:8C-21 of New Jersey law establishes a prerequisite that any government agency—whether municipal, county, or state—must satisfy before approving a variance that would displace homeowners living in a private residential leasehold community. Specifically, the agency must first determine that adequate private residential facilities and circumstances exist to accommodate those homeowners' relocation. This rule applies broadly to any final governmental action on such a variance application, not just formal approvals.
Plain English — not legal advice.
Operators and developers seeking a variance that could result in the removal or relocation of homeowners in a private residential leasehold community should be aware that N.J.S.A. 46:8C-21 places a mandatory threshold finding on the approving agency before any final action can be taken. Compliant operators in this space typically document and present information about available alternative housing options as part of the variance application process, since the agency must affirmatively determine that adequate relocation facilities exist. Understanding this requirement early in the planning process helps ensure that applications are complete and that the review process can proceed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Homeowners residing in a private residential leasehold community have a procedural protection under N.J.S.A. 46:8C-21: no government agency may grant a variance that would result in their removal or relocation without first finding that adequate alternative housing exists. If a variance application affecting a community is pending, residents may have grounds to raise this requirement before the relevant agency during the public review process. Tenant-rights organizations and legal aid services familiar with New Jersey leasehold community law can help residents understand how this provision may apply to a particular variance proceeding.
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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