N.J. Stat. Ann. § 52:27D-280 et seq. § 52:27D-287.14
Effect on other measures regarding rent control, leveling, stabilization
Operative Text
3. a. (1) The provisions of P.L.2025, c.85 (C.52:27D-287.12 et seq.) shall not preempt an ordinance, rule, regulation, or other law regarding rent control, rent leveling, or rent stabilization adopted by the governing body of a municipality that governs covered dwelling sites and that: (a) provides a fixed, numerical municipal rent increase limit that is not based upon, in whole or in part, the Consumer Price Index, or other variable criteria; and (b) provides a rent increase limit on a covered dwelling site that is less than or equal to three and one half percent over the course of a 12-month period, regardless of whether: (i) a determination, made by a rent leveling board or similar municipal agency charged with regulating rents, authorizes an exemption from the municipal rent increase limit, resulting in a rent increase on a covered dwelling site that is greater than three and one half percent over the course of a 12-month period; or (ii) the municipal rent increase limit permits one or more exceptions, which are not based upon, in whole or in part, the Consumer Price Index or other variable criteria. (2) Nothing in this act, P.L.2025, c.85 (C.52:27D-287.12 et seq.), shall be construed to prohibit a municipality from adopting or enforcing an ordinance reflecting, or otherwise consistent with, the provisions of this act. In such cases, the municipality shall maintain jurisdiction for effectuation, implementation, and enforcement, and matters governed pursuant thereto shall not come before the commissioner. b. Except as provided in subsection a. of this section, the provisions of P.L.2025, c.85 (C.52:27D-287.12 et seq.) shall preempt an ordinance, rule, regulation, or other law regarding rent control, rent leveling, or rent stabilization adopted by the governing body of a municipality that: (1) provides a rent increase limit on a covered dwelling site that is greater than three and one half percent over the course of a 12-month period; or (2) does not provide a fixed, numerical municipal rent increase limit and instead is based upon, in whole or in part, the Consumer Price Index, or other variable criteria. c. A landlord seeking to exceed the allowable rate authorized by subsection a. of section 2 of this act, P.L.2025, c.85 (C.52:27D-287.13), in any municipality with a rent leveling board or similar municipal agency charged with regulating rents whose ordinance, rule, regulation, or other law has been preempted pursuant to this section shall seek approval from the board or agency consistent with any requirements and procedures prescribed thereby or by the governing body. L.2025, c.85, s.3.
Section 52:27D-287.14 of New Jersey's P.L.2025, c.85 establishes which local rent-control ordinances survive the new state law and which are superseded by it. A municipal rent ordinance is preserved — not preempted — only if it sets a fixed numerical cap (not tied to the Consumer Price Index or other variable measures) that limits rent increases to 3.5% or less over any 12-month period. Any local ordinance that allows increases above 3.5%, or that uses a variable index like CPI as its benchmark, is preempted by the state law. Where a local ordinance is preempted but a rent leveling board still exists, landlords who wish to exceed the state-authorized rate must still seek approval from that local board under its existing procedures.
Plain English — not legal advice.
Under § 52:27D-287.14, property owners operating in municipalities with rent ordinances need to determine whether their local rules remain in effect or have been superseded by P.L.2025, c.85. If the local ordinance sets a fixed cap at or below 3.5% with no CPI or variable component, that ordinance continues to govern and local enforcement applies. If the local ordinance has been preempted — because it allowed increases above 3.5% or used a variable index — operators who wish to seek a rent increase beyond the state-authorized rate must still apply to the local rent leveling board or similar agency using that body's established procedures, as required by § 52:27D-287.14(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 52:27D-287.14 determines whether your municipality's rent-control rules or the new state law applies to your home. If your local ordinance caps increases at a fixed rate of 3.5% or less without any CPI-based formula, that local ordinance remains in force and your local rent leveling board retains jurisdiction over complaints and enforcement. If your local ordinance has been preempted by P.L.2025, c.85, the state-level rules govern your situation, though tenants may still be able to raise concerns through the local rent leveling board when a landlord seeks approval to exceed the state-authorized rate — consulting a tenant-rights organization familiar with New Jersey housing law can help clarify which framework applies.
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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