N.J. Stat. Ann. § 55:13A-1 et seq. § 55:13A-17

Order to vacate; reinspection; hearing; injunctive relief

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyHabitability & Repair

Operative Text

N.J. Stat. Ann. § 55:13A-1 et seq. § 55:13A-17
(a) If upon any inspection of any hotel or multiple dwelling the commissioner shall discover any violation of the provisions of this act or any rules and regulations promulgated thereunder, which constitutes an imminent hazard to the health, safety or welfare of the occupants or intended occupants thereof, or of the public generally, the commissioner may issue and cause to be served on the owner thereof a written order directing: (1) that any such hotel or multiple dwelling be vacated forthwith or, (2) that the violation be corrected within the period specified in the order. Such written order shall state the nature of any such violation and the date and hour by which: (1) any such hotel or multiple dwelling must be vacated or (2) any such violation must be abated.

(b) Upon the receipt by the commissioner of written notice from the owner of any hotel or multiple dwelling vacated or ordered to be vacated stating that any such violation has been terminated, the commissioner shall reinspect said hotel or multiple dwelling within 1 working day of the receipt of said notice. If upon any such reinspection the commissioner shall determine that any such violation has been terminated, the commissioner shall rescind any order requiring the vacation of said hotel or multiple dwelling, and occupancy thereof may be resumed forthwith; provided, that if any such reinspection is not made by the commissioner within 1 working day of the receipt of said notice, occupancy of any such hotel or multiple dwelling may be resumed forthwith.

(c) Where the owner of any hotel or multiple dwelling denies that any violation justifying an order to vacate exists, said owner may apply to the commissioner for a reconsideration hearing, which hearing must be afforded and a decision rendered by the commissioner within 48 hours of the receipt by the commissioner of the application for said hearing. If the commissioner shall decide adversely to said owner, said owner may petition the Superior Court of this State for injunctive relief against any order of the commissioner directing that any such hotel or multiple dwelling be vacated forthwith. Such relief may be sought by an order to show cause and may be granted ex parte pending a hearing de novo; provided, that the only issue to be determined in the hearing de novo shall be the existence of any violation of the provisions of this act, or rules and regulations promulgated thereunder, which constitutes an imminent hazard to the health, safety or welfare of the occupants or intended occupants of any such hotel or multiple dwelling, or to the public generally.

(d) Where the owner of any hotel or multiple dwelling denies that any violation justifying an order to abate within a specific period exists, said owner may seek injunctive relief by an order to show cause and said relief may be granted ex parte pending a hearing de novo provided, that the only issue to be determined in the hearing de novo shall be the existence of any violation of the provisions of this act, or rules and regulations promulgated thereunder, which constitutes a hazard to the health, safety or welfare of the occupants or intended occupants of any such hotel or multiple dwelling, or to the public generally.

L.1967, c. 76, s. 17, eff. May 31, 1967. Amended by L.1970, c. 138, s. 9.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 55:13A-17, the state commissioner overseeing hotels and multiple dwellings has authority to issue written orders requiring either immediate vacation of a building or correction of a violation within a set timeframe when an imminent hazard to health, safety, or welfare is found. Once an owner notifies the commissioner that a violation has been fixed, a reinspection must occur within one working day, and if the violation is confirmed resolved — or if that reinspection deadline is missed — occupancy can resume immediately. Owners who dispute a vacate order may request a reconsideration hearing within 48 hours and, if still unsatisfied, may seek injunctive relief from the Superior Court of New Jersey.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to N.J.S.A. 55:13A-17 generally maintain records of all inspection findings and respond promptly to any written order issued by the commissioner, noting the specific violation, correction deadline, and required vacation date if applicable. A compliant operator typically submits written notice to the commissioner as soon as a cited violation has been remediated, triggering the one-working-day reinspection window that can allow occupancy to resume. Owners who believe a vacate or abate order is unwarranted under § 55:13A-17 have a defined procedural path — a reconsideration hearing within 48 hours and, if necessary, a petition to the Superior Court for injunctive relief — that operators generally pursue through qualified legal counsel.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 55:13A-17 provides occupants of hotels and multiple dwellings with a meaningful protection: when the commissioner identifies an imminent hazard, a written order can require the building to be vacated or the condition corrected on a specific timeline. If a building you occupy is subject to a vacate order, the provision establishes that occupancy may resume as soon as the commissioner confirms the violation is resolved — or automatically if the required reinspection is not completed within one working day of the owner's notice. Tenants who believe a hazardous condition exists that has not prompted action under § 55:13A-17 may consider contacting the New Jersey Department of Community Affairs or a local tenant-rights organization to understand available complaint and enforcement pathways.

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.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections