New Jersey § 46:8-63

§ 46:8-63.

a. An action that alleges a violation of this act 1 shall not be initiated by any person in court. The director, or an applicant or prospective applicant who believes that a housing

provider has violated a provision of this act with respect to that applicant or prospective

applicant, may file a complaint with the division. Upon the filing of a complaint by a person other than the director, 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 receiving the notice. The division shall not subject a housing provider to any penalty pursuant to subsection

c. of this section if the complaint is addressed pursuant to the process identified

in this subsection. b. If the complaint is not resolved in accordance with subsection a. of this section,

and the division determines following an investigation that the complaint is substantiated,

the director shall issue a monetary penalty against the housing provider and may require

the housing provider to take one or more of the actions authorized by subsection d.

of this section. (1) A housing provider may appeal a final decision by the director issued pursuant

to this section to the Appellate Division of the Superior Court. (2) A complainant may appeal, to the Appellate Division of the Superior Court, a finding

by the director following an investigation that the complaint is not substantiated,

but the complainant may not appeal a decision by the director not to investigate a

complaint. c. A housing provider who violates a provision of this act shall be liable for the

following applicable penalties: (1) an amount not to exceed $1,000 if the housing provider has not committed any prior

violation within the five-year period ending on the date of the filing of the charge; (2) an amount not to exceed $5,000 if the housing provider has committed one other

violation within the five-year period ending on the date of the filing of the charge;

and (3) an amount not to exceed $10,000 if the housing provider has committed two or more

other violations within the seven-year period ending on the date of the filing of

the charge. d. The director is authorized to 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 this act: (1) The director may require a housing provider to cease and desist from continuing

to violate this act; to communicate in writing to the housing provider's employees

and agents their obligations under this 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) If a housing provider has committed at least one other violation of this act 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 ( C.2A:18-61.1 et seq. ) to the contrary, if an appeal by a housing provider 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 this

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; (3) Unless housing is provided to the applicant pursuant to paragraph (2) of this

subsection, the director may require that the applicant's rental application fee be

returned; and (4) The director may require that a portion of the sum owed by the housing provider

pursuant to subsection c. of this section be paid to the applicant in an amount not

to exceed $1,000. e. Nothing herein contained shall bar, exclude or otherwise affect any right or action

which may exist independently of any right or action created herein, including but

not limited to any right or action under P.L.1945, c. 169 ( C.10:5-1 et seq. ). 1

L.2021, c. 110 (N.J.S.A. §§ 46:8-52 to 46:8-64).