N.J. Admin. Code § 13:5-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:5-2.1 - Complaints

(a) Any applicant or prospective applicant who believes that a housing provider has violated a provision of the Act may file a complaint with the Division by submitting a signed complaint to the Division electronically, by regular mail, or in person at any office of the Division. Any complaint that is submitted electronically may be signed electronically as well.

(b) Any complaint filed by an applicant or prospective applicant shall be filed with the Division within 180 days of the date of the alleged violation. The filing of a complaint or any other pleading shall be proven by the time it was submitted electronically, or, for filings submitted by regular mail or in person, the official stamp of the Division or by the signature of any official, employee, or investigator and their written notation indicating the date of receipt.

(c) A complaint shall be filed in a format approved by the Director. The complaint shall set forth in separate numbered paragraphs the following:

1. The full name of all complainants;

2. The full name and address of all respondents, if known; and

3. A brief statement setting forth the facts deemed to constitute the alleged violation.

(d) Complainants shall , where possible, electronically or by other means, provide the Division with their address, telephone number, and email address in connection with the filing of any complaint, and promptly notify the Division of any change in address, telephone number, or email address as soon as possible until the time for an appeal of a final order has expired.

(e) Any complainant may register with the Division, electronically, by providing their name, email address, and phone number. For any complainant registered with the Division electronically, the Division shall serve all filings electronically.

(f) The Director may file a complaint alleging a violation of the Act if the Director has reason to believe a housing provider may have violated the Act. The Director may also intervene or join as a complainant in any complaint pending before the Division.

(g) Where, based on review of a complaint, the Division believes the allegations may also constitute a violation of the Law Against Discrimination, the Division shall notify the complainant of the complainant's filing rights under that statute and shall, if the complainant so authorizes, generate a complaint that alleges a violation of the Law Against Discrimination, as well.

(h) The Division shall request demographic information, including, but not limited to, the race and ethnicity of the complainant, in connection with the filing of any complaint. The Division may use the collected demographic information for purposes of reporting in the aggregate on the demographic information of complainants.

N.J. Admin. Code § 13:5-2.1

Adopted by 54 N.J.R. 76(a), effective 1/3/2022