Statutes, codes, and regulations
New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETYChapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT
Subchapter 2 - ENFORCEMENT PROVISIONS
Section 13:5-2.3 - Investigation and findings

N.J. Admin. Code § 13:5-2.3

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:5-2.3 - Investigation and findings
(a) Following review of the complaint and responsive documents filed by the respondent, the Director shall determine whether to conduct an investigation of a complaint.
(b) In conducting an investigation, the Division may exercise all investigative powers set forth at N.J.S.A. 10:5-8 and N.J.A.C. 13:4-4.
(c) If, following an investigation, the Division determines that the allegations in the complaint are not substantiated, the Division shall advise the parties of that determination and that such determination is the final agency action on the complaint.
(d) A complainant may appeal to the Appellate Division of the Superior Court, a determination pursuant to (c) above that a complaint is not substantiated, but the complainant may not appeal a decision by the Director not to investigate a complaint.
(e) If, following an investigation, the Division determines that the allegations in the complaint are substantiated, it shall issue a notice of violation to respondent. The notice of violation shall notify the respondent of the nature of the violation and the acts or omissions supporting such violation. The notice of violation shall also include the proposed remedies and penalties imposed as a result of the violation. The respondent shall also be advised of its appeal rights as set forth at N.J.A.C. 13:5-2.4. The complainant shall also be advised of the results of the investigation.
(f) Upon receipt of a notice of violation, the respondent shall, within 15 days, respond to the Division, in writing, and either:
1. Acknowledge the violation and agree to the proposed remedies and penalties; or
2. Deny the allegation and request an appeal pursuant to N.J.A.C. 13:5-2.4.
(g) If a respondent fails to respond to a notice of violation in accordance with (f) above, the Director may issue a final order imposing the remedies and penalties set forth in the notice of violation.

N.J. Admin. Code § 13:5-2.3

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