New Jersey Section 2C:35-16.1 – Notification to landlord of offenses committed by tenant under
New Jersey Law Requires Landlords Be Notified of Tenant Drug Offenses
New Jersey has a law on the books requiring that landlords be notified if a tenant is convicted of a drug offense under the state’s Comprehensive Drug Reform Act of 1987. This little-known law, Section 2C:35-16.1 of the New Jersey code, is intended to make sure property owners are aware if illegal drug activity is occurring on their rental properties. But what exactly does this law entail, what does it require, and what impact does it have for New Jersey landlords and tenants? This article will break it down.
What the Law Says
The key text of 2C:35-16.1 states that if a tenant is convicted or pleads guilty to a drug offense under the Comprehensive Drug Reform Act on their rental property, the court “shall” notify the landlord or their agent. The notice is to be provided “forthwith,” meaning promptly or without delay.
The law covers convictions or guilty pleas for offenses involving the use, possession, manufacture, dispensing or distribution of controlled dangerous substances, analogs, or drug paraphernalia. It also covers juvenile adjudications for acts that would be considered an offense if committed by an adult.
So in a nutshell – if a tenant is convicted of a drug crime that occurred on the rental property, the court has to let the landlord know right away.
Origins and Purpose
The law was enacted in 1999 as an amendment to the Comprehensive Drug Reform Act. The intention was to loop landlords into the information flow when tenants used rental properties for drug offenses.
This served a few perceived purposes. One was simply to make sure landlords were aware of criminal behavior happening on their land, given they have certain rights and responsibilities regarding property oversight. Another related reason was to give landlords recourse if such illicit activity was damaging their property or disturbing other tenants.
The law also aimed to disincentivize tenants from using rented homes for drug crimes by ensuring landlords would be informed. Presumably the risk of eviction or other adverse actions would make tenants think twice.
So in essence – the law was passed to keep landlords up to speed and also discourage tenants from engaging in drug offenses in the first place.