Legislation Details

File #: 26-1225    Version: 1 Name: MEO-26-00004
Type: Executive Order Status: Filed
File created: 8/21/2026 In control: Mayor's Office
On agenda: Final action: 7/31/2026
Title: AMENDED EXECUTIVE ORDER ESTABLISHING A PUBLIC ACCOUNTABILITY LIST OF THE CITY'S MOST SEVERE AND HABITUAL NON-COMPLIANT LANDLORDS AND RESTRICTING ACCESS TO CITY INCENTIVES, Friday, July 31,2026.
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Title

AMENDED EXECUTIVE ORDER ESTABLISHING A PUBLIC ACCOUNTABILITY LIST OF THE CITY'S MOST SEVERE AND HABITUAL NON-COMPLIANT LANDLORDS AND RESTRICTING ACCESS TO CITY INCENTIVES, Friday, July 31,2026.

Body

WHEREAS, the City of Newark has adopted housing, safety, health, construction,

and registration ordinances to protect the health, safety, and welfare of residents living in

rental properties throughout the City, and

 

WHEREAS, compliance with these ordinances requires property owners to meet

both physical standards, such as habitability and life safety, and administrative

requirements, such as rental registration, inspections, disclosure of ownership, and

certification, and

 

WHEREAS, the City has identified a pattern in which certain landlords repeatedly

fail to comply with these requirements, including repeated violations, failure to register

properties, failure to correct conditions after notice, and failure to cooperate with

inspections, and

 

WHEREAS, repeated non-compliance places residents at risk, delays

enforcement, and causes a disproportionate use of City staff time and resources, and

 

WHEREAS, the City has further observed that some landlords use limited liability

companies and related ownership structures to avoid accountability by transferring

properties or changing entities while the same individuals continue to control the

properties, and

 

WHEREAS, limiting enforcement to the property alone, without considering

ownership and control, allows repeat non-compliance to continue and undermines the

effectiveness of City enforcement efforts, and

 

WHEREAS, the Mayor has authority to direct City departments to coordinate

enforcement activities, share information, and establish administrative policies necessary

to protect the public health and safety and ensure responsible use of City resources, and

WHEREAS, pursuant to the City's commitment to protecting its residents from

predatory landlords, on February 19, 2026, Mayor Baraka enacted Executive Order No.

MEO-26-0001, and

 

WHEREAS, this amended Executive Order further outlines the criteria for the

appointment to and removal from the non-compliant landlords list,

 

NOW, THEREFORE, BE IT ORDERED BY RAS J. BARAKA, MAYOR OF THE

CITY OF NEWARK, NEW JERSEY, THAT

Section 1. Purpose

This Executive Order establishes an annual list identifying the worst non-compliant

landlords operating within the City of Newark.

The purpose of the list is to identify property owners who have demonstrated a repeated

pattern of failing to comply with City housing, safety, registration, and inspection

requirements, and whose conduct has placed residents at risk and imposed an ongoing

burden on City resources.

The annual list is prospective in nature and shall be based solely on compliance activity

occurring on or after the effective date of this Executive Order.

Violations, enforcement actions, or compliance issues that occurred prior to the effective

date of this Executive Order shall not, by themselves, be counted toward inclusion on the

annual list.

 

Section 2. Meaning of Non-Compliance

For purposes of this Order, non-compliance means a repeated pattern of failing to follow

City laws designed to protect residents, including housing and habitability requirements,

health and fire safety regulations, Uniform Construction Code requirements, rental

property registration and renewal requirements, failure to allow inspections, and failure to

correct violations after notice.

Non-compliance is not limited to the physical condition of a property. It also includes

failure to follow required City processes that allow enforcement and oversight to occur.

 

Section 3. Controlling Owner or Controlling Individual

For purposes of this Executive Order, a Controlling Owner or Controlling Individual means

any person or entity that holds ten percent or more ownership or controlling interest,

directly or indirectly, in a property or in a business entity that owns or controls rental

property within the City of Newark.

This includes members, managers, partners, shareholders, officers, directors, beneficial

owners, or any individual with the power to control, direct, or influence property

operations, compliance decisions, or registration obligations.

Ownership or control may be held directly or through affiliated entities or other ownership

structures. Any individual meeting the ten percent threshold shall be deemed a controlling

individual regardless of title or role.

 

Section 4. Owners Subject to the Annual List

The annual list may include any landlord, owner, or business entity that owns or controls

rental property in the City and demonstrates a documented pattern of non-compliance.

Patterns of non-compliance may be evaluated across multiple properties when the same

controlling owner or controlling individual is involved.

 

Section 5. Ownership Changes Do Not Avoid Inclusion

The transfer of property, change in ownership structure, or formation of a new business

entity shall not automatically prevent inclusion on the annual list where the same

controlling owner or controlling individual remains involved.

This provision is intended to prevent avoidance of accountability through changes in

ownership paperwork.

 

Section 6. Finality of Annual List

An owner, entity, or controlling individual shall be eligible for inclusion on the annual list

when the City determines that the owner has fallen below the minimum compliance

standard established by this Executive Order during the applicable evaluation period.

The minimum compliance standard is sustained compliance following notice and

opportunity to correct, not perfection.

 

An owner shall be deemed to have fallen below the minimum compliance standard when

one or more of the following threshold conditions occur during the evaluation period:

• Three or more violations issued at the same property within a twelve-month period.

• Five or more violations issued across multiple properties within a twelve-month period

under the same ownership or control.

• Two or more failed re inspections for the same or related conditions.

• Two or more violations remaining outstanding beyond required correction periods.

• Repeated reliance on temporary or partial repairs that fail to resolve the underlying

condition.

• Three or more City responses to the same property within a twelve-month period for

owner-responsibility conditions.

• Failure or refusal to allow lawful inspections or re inspections.

• Retaliation against tenants for reporting violations or cooperating with City enforcement,

where documented.

 

A single incident may be sufficient where the violation poses an immediate and

substantial risk to life, health, or safety, results in vacate orders, condemnation,

emergency relocation, or requires emergency City intervention.

 

Section 7. Severity Rating and Identification of Worst Offenders

Owners who fall below the minimum compliance standard shall be evaluated using a

severity-based framework to identify the worst non-compliant landlords.

Severity shall be assessed based on frequency, duration, severity of conditions, number

of properties affected, consumption of City resources, responsiveness after notice, and

conduct toward tenants.

Only owners demonstrating chronic, high-impact non-compliance shall be included on the

annual list.

 

Section 8. Finality of Annual List

Placement on the annual list reflects compliance activity occurring during the evaluation

period following the effective date of this Executive Order.

Because inclusion reflects a documented pattern of repeated non-compliance following

prior notice, inspections, and enforcement actions, and not isolated or technical violations,

owners placed on the list shall not be provided an additional opportunity to cure or appeal

inclusion prior to publication of the list.

 

Section 9. Duration of Inclusion

Any owner or entity placed on the annual list for the first time may be eligible for removal

upon satisfying the requirements set forth in Section 13 herein.

Any owner or entity placed on the annual list for a second or subsequent time shall remain

on the list for a period of three hundred sixty-five days from the date the list is published

and shall not be eligible for removal before the expiration of that period.

At the conclusion of the three hundred sixty-five-day period, an owner's compliance

history may be reviewed for purposes of determining inclusion on a future list.

 

Section 10. Impact on Existing City Incentives and Benefits

Any owner or controlling individual placed on the annual list shall be subject to review of

any existing City incentives, including but not limited to tax exemptions, abatements,

credits, grants, or other discretionary financial benefits.

Such incentives may be reassessed, modified, suspended, or revoked where permitted

by law, based on the findings reflected in the annual list.

 

Section 11. In Person Registration Requirement

Any owner or entity placed on the annual list shall be required to complete all rental

property registrations in person for the duration of their inclusion on the list.

Registration shall be completed by the controlling owner or controlling individual and may

not be delegated to a property manager, agent, attorney, or other designee.

This requirement applies to new registrations, renewal registrations, and any required

updates or amendments.

 

Section 12. Citywide Use of the List

City departments shall use the annual list to guide inspections, enforcement actions,

reviews, and discretionary decisions.

The list shall serve as an administrative tool to ensure that City resources are not

extended to landlords who have demonstrated repeated disregard for City laws intended

to protect residents.

 

Section 13. Removal from List

Subject to the provisions of Section 9 above, any owner or entity placed on the list may

be removed upon completion of the following requirements:

• An improvement plan submitted within thirty (30) days of designation. The plan

shall outline measurable goals and address the continued maintenance of the

property following expiration of the monitoring period. The plan shall be subject to

approval by the Noncompliant Landlord Committee.

• Abatement of at least seventy-five percent (75%) of outstanding violations cited by

Code Enforcement or any other City of Newark municipal entity authorized to issue

Citations

• A minimum of forty-five (45) consecutive days without a new violation attributable

to landlord responsibility

• At least two (2) resident meetings during the monitoring period

• At least one (1) resident meeting including participation by a designated City

representative

• The landlord's cooperation with inspections, re-inspections, compliance reviews,

and other authorized monitoring activities

• Required quarterly compliance reviews

• The resolution of all conditions warranting continued enhanced monitoring

 

Section 14. Implementation and Effective Date

The Office of the Business Administrator, in coordination with the Law Department and

relevant City departments, shall oversee implementation of this Executive Order.

 

This Executive Order shall take effect immediately upon issuance.