N.J. Stat. Ann. § 55:13A-1 et seq. § 55:13A-7.9
Method or device, approval, requirements
Operative Text
2. a. Any method or device used, or intended to be used, for the indirect apportionment of heating costs in a multiple dwelling shall be subject to approval by the commissioner. b. Except as provided in section 4 of this act, on and after the effective date of this act no method or device of measurement or calculation for the purpose of indirect apportionment of heating costs shall be installed or employed until the commissioner has certified, upon the basis of evidence and documentation presented in accordance with rules adopted pursuant to section 3 of this act, that: (1) the method and any device proposed to be employed for that purpose are reliable and accurate; (2) a schedule of inspection and maintenance sufficient to ensure the continued reliability and accuracy of the system will be maintained; (3) the method of calculation and apportionment will result in an equitable distribution of heating costs among the dwelling units of the multiple dwelling upon the basis of actual usage; (4) the system will incorporate a provision of individual thermostatic controls permitting heat usage in each dwelling unit to be varied by the tenants thereof; (5) billing of heating costs to each dwelling unit shall include, for the period covered by each such billing, a statement of the actual fuel or current costs incurred during that period for the entire multiple dwelling and of the proportion thereof apportioned to each dwelling unit; (6) no costs other than those for fuel or current be apportioned under this method. c. Regulations adopted by the commissioner under authority of this act shall require adequate certification of the performance of inspection and maintenance pursuant to paragraph (2) of subsection b. of this section. Failure to maintain a required schedule of maintenance and inspection, or to correct promptly any failure or malfunction in the system of indirect apportionment of heating costs shall constitute a violation of the act to which this act is a supplement. L.1991,c.453,s.2.
Under N.J.S.A. 55:13A-7.9, any system used to divide heating costs among units in a multi-family building on an indirect basis must receive prior approval and certification from the state commissioner before it can be installed or put into use. The commissioner must verify that the system is reliable and accurate, that tenants have individual thermostatic controls, that billing statements disclose total building fuel costs and each unit's share, and that only fuel or electricity costs are passed through. Failing to keep up with required inspection and maintenance schedules, or not promptly fixing system malfunctions, constitutes a statutory violation.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 55:13A-7.9 who use or plan to use an indirect heating-cost apportionment system must obtain commissioner certification before installing or employing any such method or device. Compliant operators generally document that their chosen system meets all reliability, accuracy, and equitable-distribution standards, ensure each unit is equipped with individual thermostatic controls, and provide tenants with itemized billing that shows total building fuel costs alongside each unit's apportioned share. Ongoing adherence to the required inspection and maintenance schedule — and prompt correction of any system failures — is necessary to avoid a statutory violation under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 55:13A-7.9 gives tenants in multiple dwellings the right to have heating costs divided only through a commissioner-certified system that is reliable, accurate, and equitable, and to receive billing statements that clearly show the building's total fuel costs and the portion charged to their unit. Tenants also have a right to individual thermostatic controls under this provision, and landlords may not pass through any costs beyond actual fuel or electricity charges. If a tenant believes a landlord is using an uncertified system, failing to maintain it, or billing improperly, general enforcement paths include filing a complaint with the relevant state housing authority, raising the violation as a defense in a rent or housing proceeding, or consulting a tenant-rights organization familiar with New Jersey housing law.
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
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