reglab/housing_qa huggingface dataset:
NJ Rev Stat § 45:15-16.41 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.41 - Powers of commission

45:15-16.41. Powers of commission  The commission may: a. Accept registrations filed in this State, in other states or with the federal government; b. Contract with similar agencies in this State or other jurisdictions to perform investigative functions; c. Accept grants in aid from any governmental or other source; d. Cooperate with similar agencies or commissions in this State or other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices;  e. Grant exemptions pursuant to the rules and regulations adopted pursuant to section 23 of this act; f. Make any necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate any provision of this act, or to aid in the enforcement of this act or in the prescribing of rules and regulations and forms hereunder;  g. Require or permit any person to file a statement in writing, under oath or otherwise, as the commission determines, as to all the facts and circumstances concerning the matter to be investigated;  h. For the purpose of any investigation or proceeding under this act, the commission or any officer designated by rule, may administer oaths, or affirmations, and upon its own motion or upon request of any party may subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence; and  i. Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the commission may apply to the Superior Court for an order compelling compliance.  L.1989, c.239, s.15.
NJ Rev Stat § 45:15-16.42 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.42 - Commission empowered to issue cease and desist orders

45:15-16.42. Commission empowered to issue cease and desist orders  a. If the commission determines after notice and hearing that a person has: (1) Violated any provision of this act; (2) Directly or through an agent or employee engaged in any false, deceptive, or misleading advertising, promotional or sales methods in the State of New Jersey to offer or dispose of an interest in the subdivision or subdivided lands;  (3) Made any material change in the plan of disposition and development of the subdivision or subdivided lands subsequent to the order of registration without first complying with the provisions of subsection o. of section 10 of this act;  (4) Disposed of any subdivision or subdivided lands which have not been registered with the commission; or (5) Violated any lawful order or rule or regulation of the commission; the commission may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this act.  b. If the commission makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held within 15 days of the receipt of the request.  L.1989, c.239, s.16.
NJ Rev Stat § 45:15-16.43 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.43 - Conditions for revocation of registration

45:15-16.43. Conditions for revocation of registration  a. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has: (1) Failed to comply with the terms of a cease and desist order issued pursuant to subsection a. of section 16 of this act; (2) Been convicted in any court for a crime or civil offense involving fraud, deception, false pretenses, misrepresentation, false advertising, dishonest dealing, or other like offense subsequent to the filing of the application for registration;  (3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers; (4) Failed faithfully to perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; (5) Advertised his subdivision or responded to applications for his subdivision in a manner which was discriminatory on the basis of marital status, sex, race, creed, color, religion or national origin; (6) Willfully violated any provision of this act or of a rule or regulation promulgated pursuant to section 23 of this act; or (7) Made intentional misrepresentation or concealed material facts in the documents and information submitted in the application filed for registration. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.  b. If the commission finds, after notice and hearing, that the subdivider has been guilty of a violation for which revocation could be ordered, it may, in lieu thereof, issue a cease and desist order pursuant to subsection a. of section 16 of this act.  L.1989, c.239, s.17.
NJ Rev Stat § 45:15-16.44 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.44 - Commission empowered to bring action in Superior Court; intervene in suits

45:15-16.44. Commission empowered to bring action in Superior Court; intervene in suits  a. If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this act, the commission, with or without prior administrative proceedings, may bring an action in the Superior Court to enjoin the acts or practices and to enforce compliance with this act or any rule, regulation or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver may be appointed. The commission shall not be required to post a bond in any court proceeding.  b. The commission may intervene in a suit involving any subdivision. In any such suit, by or against the developer or subdivider, the developer or subdivider shall promptly furnish the commission with notice of the suit and copies of all pleadings.  L.1989, c.239, s.18.
NJ Rev Stat § 45:15-16.45 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.45 - Submission of applicant to the courts; methods of service

45:15-16.45. Submission of applicant to the courts; methods of service  a. For purposes of this act, an applicant for registration submitted to the commission shall be deemed as submission, by the applicant, to the jurisdiction of the Courts of the State of New Jersey. b. In addition to the methods of service provided for in the Rules Governing the Courts of the State of New Jersey, service may be made by delivering a copy of the process to the person in charge of the office of the commission at its office, but that service shall not be effective unless the plaintiff, which may be the commission in a proceeding instituted by it:  (1) Sends a copy of the process and the pleading by certified mail to the defendant or respondent at his last known address; and (2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within the time as the court allows. c. If any person, including any nonresident of this State, engaged in conduct prohibited by this act and has not filed a consent of service of process and personal jurisdiction over him cannot otherwise be obtained in this State, that conduct authorizes the commission to receive service of process in any noncriminal proceedings against him or his successor which grows out of that conduct and which is brought under this act with the same force and validity as if served on him personally. Notice shall be given as provided in subsection a. of this section.  L.1989, c.239, s.19.
NJ Rev Stat § 45:15-16.46 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.46 - Violations by brokers, salespeople; fines, penalties

45:15-16.46. Violations by brokers, salespeople; fines, penalties  a. Any broker or salesperson who violates any of the provisions of this act shall, in addition to the penalties set forth herein, be subject to the penalties as set forth in R.S.45:15-17.  b. Any person who violates any provision of this act or any person who, in an application for registration filed with the commission, makes any untrue statement of a material fact or omits to state a material fact shall be fined not less than $250, nor more than $50,000, per violation.  c. The commission may levy and collect the penalties set forth in subsection b. of this section after affording the person alleged to be in violation of this act an opportunity to appear before the commission and to be heard personally or through counsel on the alleged violations and a finding by the commission that said person is guilty of the violation. When a penalty levied by the commission has not been satisfied within 30 days of the levy, the penalty may be sued for and recovered by, and in the name of, the commission in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).  d. The commission may, in the interest of justice, compromise any civil penalty, if in its determination the gravity of the offense or offenses does not warrant the assessment of the full fine.  L.1989, c.239, s.20.
NJ Rev Stat § 45:15-16.48 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.48 - Existing registrations deemed in force and effect

45:15-16.48. Existing registrations deemed in force and effect  Any registration of a subdivision or amendment thereto, or consolidation, or renewal thereof approved by the commission prior to August 2, 1989, under the "Land Sales Full Disclosure Act," P.L.1975, c.235 (C.45:15-16.3 et seq.) shall, upon the enactment of this act, be deemed in force and effect for the remainder of the 12-month period for which it was issued.  L.1989, c.239, s.22.
NJ Rev Stat § 45:15-16.49 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.49 - Rules and regulations

45:15-16.49. Rules and regulations  The commission shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the provisions of this act. The rules may include, but shall not be limited to: a. provisions for advertising standards to insure full and fair disclosure; b. provisions for adequate bondings or access to some escrow or trust fund not otherwise required by the municipal governing body to be located within this State, or the state or country where the property is located, so as to insure compliance with the provisions of this act, and to compensate purchasers for failure of the registrant to perform in accordance with the terms of any contract or public statement; c. provisions that require a registrant to deposit purchaser down payments, security deposits or other funds in an escrow account, or with an attorney licensed to practice law in this State, or the state or country where the property is located, until such time as the commission by its rules and regulations deems it appropriate to permit such funds to be released; d. provisions to insure that all contracts between developer and purchaser are fair and reasonable; e. provisions that the developer must give a fair and reasonable warranty on construction of any improvements; f. provisions that the budget for the operation and maintenance of the common or shared elements or interest shall provide for adequate reserves for depreciation and replacement of the improvements; g. provisions for operating procedures; and h. other rules and regulations necessary to effectuate the purposes of this act, and taking into account and providing for, the broad range of development plans and devises, management mechanisms, and methods of ownership, permitted under the provisions of this act.  L.1989, c.239, s.23.
NJ Rev Stat § 45:15-16.50 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.50 - Short title.

45:15-16.50 Short title.  1. Sections 1 through 36 of this act shall be known and may be cited as the "New Jersey Real Estate Timeshare Act." L.2006, c.63, s.1.
NJ Rev Stat § 45:15-16.52 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.52 - Applicability of act.

45:15-16.52 Applicability of act.  3. This act shall apply to the following: a. Timeshare plans with an accommodation or component site in the State; and b. Timeshare plans without an accommodation or component site in this State if those timeshare plans are offered to be sold within this State, regardless of whether the offer originates from within or outside of this State. L.2006, c.63, s.3.
NJ Rev Stat § 45:15-16.54 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.54 - Administration by Real Estate Commission.

45:15-16.54 Administration by Real Estate Commission.  5. This act shall be administered by the New Jersey Real Estate Commission in the Department of Banking and Insurance. L.2006, c.63, s.5.
NJ Rev Stat § 45:15-16.55 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.55 - Nonpreemption of local codes; supersedure of other regulation of timeshares.

45:15-16.55 Nonpreemption of local codes; supersedure of other regulation of timeshares.  6. Except as provided in this section, no provision of this act shall invalidate or modify any provision of any zoning, subdivision, or building code, law, ordinance or regulation. In case of conflict between the provisions of this act and the provisions of any other law, ordinance or regulation governing or purporting to govern the creation, registration, disclosure requirements or sale of timeshare interests in a component site, the provisions of this act shall control. L.2006, c.63, s.6.
NJ Rev Stat § 45:15-16.56 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.56 - Creation of timeshare plan.

45:15-16.56 Creation of timeshare plan.  7. A timeshare plan may be created in any accommodation unless otherwise prohibited. A timeshare plan shall maintain a one-to-one purchaser-to-accommodation ratio, which means the ratio of the number of purchasers eligible to use the accommodations of a timeshare plan on a given day to the number of accommodations available for use within the plan on that day, such that the total number of purchasers eligible to use the accommodations of the timeshare plan during a given consecutive 12-month period never exceeds the total number of accommodations available for use in the timeshare plan during that consecutive 12-month period. For purposes of the calculation under this section, each purchaser shall be counted at least once, and an individual accommodation shall not be counted more than one time per day per year. An owner of a timeshare interest who is delinquent in the payment of a timeshare plan assessment shall continue to be considered eligible to use the accommodations of the timeshare plan for purposes of calculating the one-to-one purchaser-to-accommodation ratio. L.2006, c.63, s.7.
NJ Rev Stat § 45:15-16.58 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.58 - Responsibilities of timeshare developer for offering, marketing violations.

45:15-16.58 Responsibilities of timeshare developer for offering, marketing violations.  9. The developer shall have responsibility for each timeshare plan registered with the commission and for the actions of any sales agent, managing entity or marketing entity utilized by the developer in the offering or promotional selling of any registered timeshare plan. Any violation of this act which occurs during the offering activities shall be a violation by the developer as well as by the sales agent, marketing entity or managing entity who actually committed the violation. Notwithstanding anything to the contrary in this act, the developer shall be responsible for the actions of the association and managing entity only while they are subject to the developer's control. L.2006, c.63, s.9.
NJ Rev Stat § 45:15-16.60 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.60 - Filing of annual reports by developer of timeshare.

45:15-16.60 Filing of annual reports by developer of timeshare.  11. a. Within 30 days after each annual anniversary date of an order registering the timeshare, or on or before a date set by the commission, and while the developer continues to offer any timeshare interests in the timeshare plan in this State, the developer shall file a report in the form prescribed by the rules and regulations promulgated by the commission. The report shall reflect any material changes in the information contained in the original or subsequently submitted applications or documents. b. (1) The developer shall file amendments to its registration to reflect any material change in any information set forth in the project and disclosure documents. The developer shall notify the commission of the material change prior to implementation of the change, unless the change is beyond the control of the developer; in which event, the developer shall provide written notice to the commission as soon as reasonably practicable after the occurrence of the event. All amendments, supplements, and facts relevant to the material change shall be filed with the commission within 20 calendar days of the material change. (2) The developer may continue to sell timeshare interests in the timeshare plan so long as, prior to closing, the developer provides a notice to each purchaser that describes the material change and provides to each purchaser the previously approved public offering statement. If the change is material and adverse to the purchasers of the timeshare plan as a whole, as determined by the commission, no closing shall occur until the amendment relating to the material and adverse change has been approved by the commission. After the amendment relating to the material and adverse change has been approved and the amended public offering statement has been issued, the amended public offering statement shall be provided to the purchaser, and an additional seven-day rescission period shall commence. The developer shall be required to maintain evidence of the receipt by each purchaser of the amended public offering statement. If the commission refuses to approve the amendment relating to the material and adverse change, all sales made using the notice shall be subject to rescission and all funds returned. (3) The developer shall update the public offering statement to reflect any changes to the timeshare plan that are not material and adverse, including the addition of any component sites, within a reasonable time as determined by the commission pursuant to regulation. c. Upon a determination by the commission that an annual report is no longer necessary for the protection of the public interest or that the developer no longer retains any interest and no longer has any contractual, bond or other obligations in the subdivision, the commission shall issue an order terminating the responsibilities of the developer under this act. L.2006, c.63, s.11.
NJ Rev Stat § 45:15-16.61 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.61 - Issuance of notice of filing of registration.

45:15-16.61 Issuance of notice of filing of registration.  12. Upon receipt of a substantially complete application for registration, in proper form and accompanied by the appropriate filing fees, the commission shall, within 10 business days of receipt of the registration, issue a notice of filing. The notice shall not be construed as an approval of the registration, or any portion thereof. L.2006, c.63, s.12.
NJ Rev Stat § 45:15-16.62 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:15-16.62 - Review of registration; orders, schedule.

45:15-16.62 Review of registration; orders, schedule.  13. Every registration required to be filed with the commission under this act shall be reviewed by the commission and the commission shall issue an order of registration in accordance with the following schedule: a. As to comprehensive registrations, registrations shall be effective upon the issuance of an order of registration by the commission within 60 days after receipt and issuance of a notice of filing. The commission shall provide a list of deficiencies in the application, if any, within 60 days of the issuance of the notice of filing. If a list of deficiencies is not provided to the applicant within 60 days of issuance of the notice of filing, the timeshare plan shall be deemed registered unless the applicant has consented in writing to a delay. b. As to abbreviated registrations, registration shall be effective upon the issuance of an order of registration by the commission 30 days after receipt and issuance of a notice of filing. The commission shall provide a list of deficiencies in the application, if any, within 30 days of the issuance of the notice of filing. If a list of deficiencies is not provided to the applicant within 30 days of the issuance of the notice of filing, the timeshare plan shall be deemed registered unless the applicant has consented in writing to a delay. c. A preliminary registration shall be effective within 20 days of receipt, unless the commission provides to the applicant a written list of deficiencies in the application, if any, within 20 days of receipt of a completed application and fee. If a list of deficiencies is not provided to the applicant within 20 days of receipt of the application for a preliminary registration, the preliminary registration shall be deemed approved unless the applicant has consented in writing to a delay. L.2006, c.63, s.13.