Faillure to register property - should I lawyer up ?

[Noyessie Hubert]

Hi,

I bought my apartment in Irvington, NJ, one year ago. Did my best to comply with all the law.

I registered myself as a landlord through the DCA and obtained my registration, and I thought I was all set. But this month, I received a complaint/lawsuit label: 472-9(I): FAILURE TO REGISTER PROPERTY OF 3 UNITS OR MORE. I was shocked because I never even received a warning, just a direct lawsuit. But that's not the core issue, let's go into details.

- Based on my understanding of the rent control from which these violations come, https://ecode360.com/30526708 , owner-occupants are exempt from rent control. And therefore, don't need to register their rent as other landlords do.

- Upon receiving the letter, I went to the township to comply even if it is late. Even though they are not sure how to do it. No one could explain that to me properly or point me to someone to discuss the issue. They explained they don't handle registration for more than 3 units and gave me a document for the DCA to register the property. Which, as mentioned, I already did.

- Just the day after going to the township ( this Saturday ), I got an outdated later from the township. Date for July, but delivered this September, with the delivery receipt clearly pointing it was delivered in September ( so I can prove that ), informing me that they are adding $1500 to my tax even before the court date. If I'm already fine, why do I need to go to court? I initially thought that I would just go to court, explain my situation, and pay whatever fine they fine me instead of spending more on a lawyer and maybe still lose. But if I'm already fine, I'm worried about the goal of bringing me to court.

- Also, in the letter, they warned me that they had informed me about the violation last year. I believe that was the last landlord who got informed, not me. Can I use that in my defense?

Any advice or shared experience would be appreciated.

[Ricardo R.]

Hey Noyessie,

That’s frustrating, but not uncommon when dealing with NJ municipalities — the left hand doesn’t always know what the right hand is doing. A couple things to unpack here:

1. DCA vs. Township:
   Registering with the NJ DCA is one piece (state landlord registration for 3+ units). But some towns (like Irvington) have their own local rental/property registration on top of that — even if you’re exempt from rent control. The township doesn’t always explain the distinction well, but missing the local reg is often what triggers these “failure to register” violations.

2. Owner-occupant exemption:
   You’re right — if you’re living in the property, you may be exempt from rent control requirements. But exemption from rent control ≠ exemption from registration. Courts usually separate those.

3. Court vs. Fine:
   NJ towns often send outdated notices, then tack on fees, then push you into court even if you’ve since registered. The court date is their way of “making it official” and ensuring compliance, not necessarily proof you’ve done something terrible. Bring documentation showing you registered with DCA, the late delivery date, and proof you tried to resolve this ASAP. That often makes a difference.

4. Lawyer or not?
   If it were me:

• For a simple missed reg, you can often explain it yourself and just pay a reduced fine.

• BUT if they’re threatening ongoing penalties, attaching fees to your taxes, or claiming you ignored notices you never got, a local real estate attorney might be worth it. Having one letter from an attorney can sometimes get the township to back off the heavy fines.

1. Previous landlord notice:
   Yes, bring that up. If the notice they’re referring to was sent to the old owner, that’s not on you. Courts care about your compliance after purchase.

My Advice: you might not need a lawyer for thousands of dollars of defense, but at least do a short consult with a local landlord-tenant attorney in Essex County. They’ll know how Irvington usually handles these and what “compliance” the court is really looking for; I'm sorry you're going through this and I hope I was able to help you a bit, I sent you a DM on BP and hope you can assist.