Mobile home utilities in New Jersey

New Jersey's mobile-home-park statute protects residents on utilities by limiting appliance charges to actual cost, generally barring forced fuel purchases from the park, and tying any park fuel charge to competitive pricing. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in New Jersey.

What the statute says

N.J.S.A. 46:8C-2(b)(1) provides that a park may not "charge any resident who chooses to install an electric or gas appliance in his mobile home an additional fee unless that fee reflects the cost to the mobile home park of such installation or its use, or ... restrict the installation, service or maintenance of any such appliance, or ... restrict the making of any interior improvement ... so long as such an installation or improvement is in compliance with applicable building codes."

N.J.S.A. 46:8C-2(b)(2) provides that a park may not "require a resident therein to purchase from him, or from any vendor or supplier he designates or selects, any natural product, by-product or synthetic of petroleum gas; except when said owner or operator owns or has a possessory interest in the lines or equipment ... and when said system is properly operating under State and local laws and when said fuel is competitively priced." A park that doesn't own the lines may only "designate a specific grade or quality" of fuel.

How it works in general

A New Jersey park can't profit from a resident's appliance: any installation or usage charge must reflect the park's actual cost, and the park can't block a code-compliant appliance or interior improvement. The park generally can't force residents to buy heating fuel or gas from it or its chosen vendor — only where the park actually owns the distribution lines, runs them lawfully, and prices the fuel competitively. Regulated electric, gas, and water utilities, and their rates, are overseen by the Board of Public Utilities, and the written lease sets how utilities are billed.

Common scenarios

General examples New Jersey park residents commonly encounter:

• A park adds a markup to install or run an appliance. Any charge must reflect the park's actual cost (N.J.S.A. 46:8C-2(b)(1)).
• A park tries to require residents to buy propane only from it. That's generally barred unless the park owns the lines and prices the fuel competitively (N.J.S.A. 46:8C-2(b)(2)).
• A resident questions a utility rate. Regulated utilities answer to the Board of Public Utilities; the lease sets pass-through billing.

Other authorities that may apply

The mobile-home-park statute (N.J.S.A. 46:8C-2) governs appliance and fuel charges, and these rights cannot be waived (N.J.S.A. 46:8C-5). The Board of Public Utilities regulates jurisdictional utilities and their rates. The written lease sets the billing terms, and federal law can apply in particular situations.