52:27D-287.14 Effect on other measures regarding rent control, leveling, stabilization.
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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.