New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT
Subchapter 2 - ENFORCEMENT PROVISIONS
Section 13:5-2.6 - Remedies
Universal Citation: NJ Admin Code 13:5-2.6
Current through Register Vol. 56, No. 24, December 18, 2024
(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:18-61.1 et 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.
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