N.J. Admin. Code § 13:5-2.6

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

Section 13:5-2.6 - Remedies

(a) For any violation of the Act, the Director may require a housing provider to take one or more of the following actions upon a finding that the housing provider has violated a provision of the Act:

1. The Director may require a housing provider to cease and desist from continuing to violate the Act; to communicate, in writing, to the housing provider's employees and agents their obligations under the Act; and to report to the Director on the manner of compliance for a period not to exceed two years provided that the housing provider does not commit future violations of the Act;

2. The Director may require a housing provider to provide training to its employees and agents on their obligations under the Act;

3. If a housing provider has committed at least one other violation of the Act or this chapter within the preceding five-year period, the Director may require the housing provider to make a good faith effort to remedy the violation with respect to the applicant when a remedy is possible, by issuing a conditional offer, if the violation has resulted in a failure to issue a conditional offer, or by providing the same or a similar rental dwelling unit to the applicant on the same terms as the prior conditional offer if the same or a similar rental dwelling unit is currently or will become available, if the violation has resulted in the withdrawal of a conditional offer. Notwithstanding any provision of the Anti-Eviction Act, P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.1et seq.) to the contrary, if a respondent's appeal of a determination by the Director finding a violation is successful, and the court overturns a final decision of the Director that resulted in an order under this paragraph, then a determination that the housing provider did not violate the provisions of the Act, as evidenced by such successful appeal, shall be grounds for the housing provider to evict the former applicant if that person resides in a rental dwelling unit owned by the housing provider as the result of the Director's order, so long as the housing provider provides the applicant with at least 45 days' notice prior to the eviction;

4. Unless housing is provided to the applicant pursuant to (a)2 above, the Director may require that the applicant's rental application fee be returned; and

5. The Director may require that a portion of the sum owed by the housing provider pursuant to N.J.A.C. 13:5-2.5be paid to the applicant in an amount not to exceed $ 1,000.

(b) Nothing in this chapter shall bar, exclude, or otherwise affect any right, action, or remedy that may exist independently of any right or action created by the Act, including, but not limited to, any right or action under the Law Against Discrimination.

N.J. Admin. Code § 13:5-2.6

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