§ 46:8-63 — Complaints, actions sought against housing provider.

12. a. An action that alleges a violation of this act 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.). L.2021, c.110, s.12.