On the voluntary, uncoerced vacation of a unit the landlord may fix the new rent in accordance with the HUD Fair Market Rent guidelines in effect for the year in which the increase occurs.
This is the most unusual decontrol in the tranche and it has a hard ceiling that is public: HUD publishes the Fair Market Rent for this county every year, and it is a 40th-percentile gross rent including a utility allowance — meaningfully below what a renovated unit asks in a healthy submarket. A turnover here is not a reset to market. The conditions are strict: a non-coercion certification signed by the vacating tenant within 30 days, a filing certifying the prior rent, the FMR maximum and the new lease, a current certificate of habitability annexed, and a new tenant who is not a family member of the previous one. Every document must reach the Office of Rent Leveling before the unit is let at the decontrolled rate, or the application is rejected in its entirety.
- Vacancy decontrol
- Yes — rent resets on vacancy
Sources
- City of Orange Township Code §166-16 — Vacancy decontrolAmended 3 December 2019 by Ord. 53-2019.
- NJ DCA — 2026 Rent Control Survey — New Jersey Department of Community Affairs, 2026 Rent Control Survey (spreadsheet, linked from the DCA Landlord-Tenant Information page; last revised 20 May 2026). The department's own caveat: the survey is only as current as the published codes, and the stated percentage may differ from the increase actually permitted.