# N.J. Stat. § 2A:42-88: Grounds for action > New Jersey · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-88 ## Section - **Citation:** N.J. Stat. § 2A:42-88 - **Heading:** Grounds for action - **Jurisdiction:** New Jersey - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NJ Code / Title 2A / Chapter 42 / Section 42-88 ## Text a. The public officer or any tenant occupying a dwelling may maintain a proceeding as provided in this act, upon the grounds that there exists in such dwellings or in housing space thereof a lack of heat or of running water or of light or of electricity or of adequate sewage disposal facilities, or any other condition or conditions in substantial violation of the standards of fitness for human habitation established under the State or local housing or health codes or regulations or any other condition dangerous to life, health or safety. b. A public officer, a tenant whose utility service has been diverted or a utility company providing electric, gas or water utility service to a dwelling may maintain a proceeding as provided in this act upon the grounds (1) that there exists in these dwellings or in housing space thereof a wrongful diversion of electric, gas or water utility service by the owner or owners or other party from a tenant of the dwelling without the consent of the tenant, or the use by the owner or other party in the dwelling without the tenant's consent of electric, gas or water utility service that is being charged to the tenant, and (2) that the owner has been notified by either a public officer, a tenant whose utility service has been diverted or a utility company of the wrongful diversion or unconsented use by certified mail and has failed to take necessary action to correct or eliminate the wrongful diversion or unconsented use within 30 days of receipt of such notice. If an owner fails or refuses to accept a notice sent by certified mail, the date of receipt shall be deemed to be the third day after mailing, provided the notice was sent to the owner at an address to which the owner's utility bills or municipal tax bills are sent. L. 1971, c. 224, s. 4, eff. June 21, 1971. Amended by L. 1985, c. 411, s. 4, eff. Jan. 13, 1986. ## Nearby sections - [N.J. Stat. § 2A:42-1 Landlord's lien for rent; amount; taking goods or chattels to satisfy](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-1.md) - [N.J. Stat. § 2A:42-2 Levy subject to landlord's lien; time of sale; notice](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-2.md) - [N.J. Stat. § 2A:42-3 Goods and chattels removed openly and in daytime; notice to defendant](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-3.md) - [N.J. Stat. § 2A:42-4 Undertenant's liability for rent](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-4.md) - [N.J. Stat. § 2A:42-5 Holding over by tenant after giving notice of quitting; double rent recoverable](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-5.md) - [N.J. Stat. § 2A:42-6 Willful holding over by tenant after expiration of term; notice to deliver possession; penalty](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-6.md) - [N.J. Stat. § 2A:42-6.1 Grace period for payment of rent](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-6.1.md) - [N.J. Stat. § 2A:42-6.2 Violations; disorderly persons](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-6.2.md) - [N.J. Stat. § 2A:42-6.3 Applicability of act](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-6.3.md) - [N.J. Stat. § 2A:42-7 Action for possession for nonpayment of rent; service of summons](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-7.md) - [N.J. Stat. § 2A:42-8 Judgment and execution bar to relief, except appeal](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-8.md) - [N.J. Stat. § 2A:42-9 Dismissal on payment of rent and costs; resumption of lease](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-9.md) - [N.J. Stat. § 2A:42-10 Rights of mortgagee; payment of rent and costs](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-10.md) - [N.J. Stat. § 2A:42-10.1 Warrant or writ for removal; writ of possession; issuance; stays](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-10.1.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2A_C42_S42-88. Check the current official text before relying on it. Not legal advice.