N.J. Admin. Code § 17:17-1.13

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:17-1.13 - Administrative appeals procedure

(a) An aggrieved employee may contest any administrative decision regarding housing occupancy, rents, evictions, notices to vacate, or other matters, including a hardship waiver, by notifying the Residential Housing Management Board. This is accomplished by first writing to the department program manager responsible for the residential housing department program or agency housing committee (committee), whichever is applicable for the agency.

(b) Upon receipt of the grievance, the committee will have 10 business days to review the matter and issue a written decision after discussing the matter with the employee. If the matter cannot be satisfied at the department program/committee level, the department/committee chairman will forward the matter, along with all paperwork, to the official within the department/agency who has the responsibility for employee housing.

(c) If after 10 business days the matter cannot be satisfied at the department/agency level, it shall be forwarded from the Director's Office, along with the paperwork, to the Office of Real Property Management, Employee Housing Unit, PO Box 229, Trenton, New Jersey 08625. All paperwork accomplished at the committee and department/agency levels must accompany the appeal to the Employee Housing Unit. The Employee Housing Unit shall take action on the complaint within 30 calendar days of receipt and notify the Residential Housing Management Board of its action at the next Board meeting. During the 30-day period, the Employee Housing Unit shall also notify the complainant of its determination.

(d) Concerning challenges to the Employee Housing Unit determination, the following statement shall be incorporated in every written notice setting forth the Employee Housing Unit's determination in a matter where such determination is contrary to the claim made by the claimant or the claimant's legal representative: "If you disagree with the determination of the Employee Housing Unit, you may appeal by submitting a written statement to the Residential Housing Management Board whose address is PO Box 229, Trenton, New Jersey 08625-0229 within forty-five (45) calendar days after the date of your receipt of written notice of the determination. The statement shall set forth in detail the reasons for your disagreement with the Employee Housing Unit's determination and shall include any and all relevant documentation supporting your claim. If no such written statement is received by the Board within the forty-five (45) day period, the determination by the Employee Housing Unit shall be final."

(e) The Board shall determine whether to grant an administrative hearing based upon the standards for a contested case hearing set forth in the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1

(f) Except where the Board determines to hear the case itself, administrative hearings shall be conducted by the Office of Administrative Law pursuant to the provisions of N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1.

(g) If the granted appeal involves solely a question of law, the Board may retain the matter and issue a final decision which shall include detailed findings of fact and conclusions of law based upon the documents, submissions and legal arguments of the parties.

(h) If the granted appeal involves a question of facts, the Board shall submit the matter to the Office of Administrative Law.

(i) The Board's final decision maybe appealed to the Superior Court, Appellate Division.

N.J. Admin. Code § 17:17-1.13

Amended by 56N.J.R. 1108(b), effective 6/17/2024