N.J. Admin. Code § 13:5-2.2

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

Section 13:5-2.2 - Notice to respondents and opportunity to cure or resolve the complaint or answer

(a) Any housing provider may register with the Division, electronically, and identify an individual to electronically accept service in connection with any complaint filed with the Division by providing the name, email address, and phone number for the individual authorized to accept service. When the Division receives a complaint against a respondent that has not so registered, the Division will attempt to find the contact information, including, by contacting the respondent, and will ask the respondent to electronically register with the Division. For any respondent electronically registered with the Division, the Division shall serve any complaint and all other filings electronically, and the respondent may respond to the complaint and other inquiries by the Division electronically.

(b) Upon receipt of any complaint, the Division shall immediately serve a copy of the complaint on the respondent electronically. If the Division is unable to effectuate service electronically, the Division shall serve a copy of the complaint on the respondent by certified mail or overnight delivery by commercial courier, or, at the discretion of the Director, by personal delivery by an agent of the Division.

(c) For any complaint filed by an applicant , or prospective applicant, at the time of service of the complaint, the Division shall make a good faith effort to notify the housing provider of the alleged violation and offer the housing provider the opportunity to mediate and address the complaint within 14 days of service of receiving the notice. Mediation efforts may include, but not be limited to, telephone conversations, meetings, and written correspondence.

(d) The Division shall not subject a respondent to any penalty pursuant to N.J.A.C. 13:5-2.5if the Division determines that the respondent has mediated the complaint by curing or resolving the alleged violation pursuant to the process specified at (c) above, and provided the Division with evidence of same electronically.

(e) If the Division determines that the respondent has indeed cured or resolved the alleged violation, the Division may require the respondent to memorialize the resolution in a written agreement that sets forth the equitable measures that were taken or will be taken to ensure compliance, and the remedy, if any, to be provided to the individual who filed the complaint. Any agreement made pursuant to this section, and any complaint in connection therewith, shall not be published on the Division's website.

(f) The respondent may be required to submit proof of compliance with the written agreement electronically. If the Director finds that there has been a breach of a written agreement made pursuant to this section, the Director may, in their discretion, reopen the complaint for investigation or seek to enforce the agreement.

(g) If the respondent chooses not to cure the alleged violation within 14 days of receiving the notice, and provides the Division with evidence of same electronically, or if the Division determines that respondent's actions have not in fact cured or resolved the alleged violation, the respondent shall file an answer to the complaint, a position statement setting forth, in narrative form, why the respondent believes that no violation of the Act occurred, and a response to any additional request by the Division for documents and/or information within 20 calendar days of service of notice on the respondent that the matter is being transferred for investigation. The respondent shall file these responsive materials electronically.

(h) Respondents that fail to file an answer, position statement, and/or response to any request for documents and/or information within the time period provided by this section are subject to a demand by subpoena and/or entry of default.

(i) Extensions of time for filing an answer, position statement, and/or responding to any request for document and/or information may be authorized by the Director upon good cause shown. Requests for extensions of time shall be submitted electronically.

(j) Respondents shall promptly notify the Division of any change in contact information, including, mailing address, email address, phone number, and contact person, or other material change in the status of the respondent (such as bankruptcy filing or ceasing to operate as an ongoing concern) at all times until the time for an appeal of a final order has expired.

N.J. Admin. Code § 13:5-2.2

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