reglab/housing_qa huggingface dataset:
NJ Rev Stat § 46:3B-3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-3 - New home warranty; prescribing by rule or regulation; procedures for processing claims; time periods

46:3B-3. New home warranty; prescribing by rule or regulation; procedures for processing claims; time periods  a. The commissioner is hereby authorized and directed to prescribe by rule or regulation a new home warranty and procedures for the implementation and processing of claims against the new home warranty security fund as provided for in section 7a. of this act. Such warranty shall include standards for construction and of quality for the structural elements and components of a new home with an indication, where appropriate, of what degree of noncompliance with such standards shall constitute a defect. Such rule or regulation shall be adopted, and may be supplemented, amended or repealed in accordance with the Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.), provided, however, that a hearing shall be required prior to the adoption, supplement, amendment or repeal of such rule or regulation. b. The time periods of warranties established pursuant to this act are as follows: (1) One year from and after the warranty date the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with the building standards as approved by the commissioner pursuant to paragraph 3a. of this act except as set forth in section 3b. (2) and (3). (2) Two years from and after the warranty date the dwelling shall be free from defects caused by faulty installation of plumbing, electrical, heating and cooling delivery systems; however, in the case of appliances, no warranty shall exceed the length and scope of the warranty offered by the manufacturer. (3) Ten years from and after the warranty date for major construction defects as defined in this act. (4) However, any alternate program as provided for in section 8 of this act submitted for approval, subsequent to the effective date of this act, may contain warranties and time periods greater than provided for in section 3b. (1), (2), and (3) of this act. L.1977, c. 467, s. 3.
NJ Rev Stat § 46:3B-4 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-4 - Liability of builder

46:3B-4. Liability of builder  A builder of a new home shall be liable to any owner thereof during the time period when the new home warranty, prescribed by the commissioner pursuant to this act, is applicable to the home for any defect therein which is covered by the warranty in accordance with its terms and conditions. The liability of a builder under the new home warranty shall be limited to the purchase price of the home in the first good faith sale thereof or the fair market value of the home on its completion date if there is no good faith sale. L.1977, c. 467, s. 4.
NJ Rev Stat § 46:3B-5 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-5 - Certificate of registration; application; fee; issuance; duration; conditions

46:3B-5. Certificate of registration; application; fee; issuance; duration; conditions  No builder shall engage in the business of constructing new homes unless he is registered with the department. The department shall provide application forms for such registration and shall prescribe the information to be included therein. Each application shall be accompanied by a reasonable fee, prescribed by the commissioner, and proof, satisfactory to the commissioner, of participation in the new home warranty security fund or an approved alternate new home warranty security program. Upon receipt of the above, the department shall issue a certificate of registration. Each certificate of registration shall be valid for a period of 2 years from the date of issue and may be renewed for additional 2-year periods. As a condition for the registration, a builder shall be required to participate in the new home warranty security fund or an approved alternate new home warranty security program. No corporation, partnership or other business organization shall be entitled to registration hereunder, nor shall they engage in the construction of new homes unless a stockholder, director, officer, partner, or employee thereof, as the case may be, shall be a registered builder. L.1977, c. 467, s. 5.
NJ Rev Stat § 46:3B-6 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-6 - Investigation of allegations; hearings; powers; denial, suspension or revocation of certificate; hearing; grounds

46:3B-6. Investigation of allegations; hearings; powers; denial, suspension or revocation of certificate; hearing; grounds  a. The commissioner, upon the complaint of an aggrieved person, may conduct investigations into the allegations made against any builder required to be registered under this act. In pursuit of such investigations, the commissioner shall be authorized to hold hearings in accordance with the provisions of the Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.) applicable to contested cases, to subpena witnesses and compel their attendance, to require the production of papers, records or documents, administer oaths or affirmations to witnesses, to inspect such relevant books, papers, records or documents of such builder at his place of business during business hours, and to conduct inspections of new home construction sites owned by a builder or in which a builder has an ownership interest. b. The commissioner may deny, suspend or revoke any certificate of registration, after affording the registrant or applicant the opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.) applicable to contested cases, if the registrant or applicant has: (1) Willfully made a misstatement of a material fact in his application for registration or renewal; (2) Willfully committed fraud in the practice of his occupation; (3) Practiced his occupation in a grossly negligent manner; (4) Willfully violated any applicable building code to substantial degree; (5) Failed to continue his participation in the new home warranty security fund or an approved alternate new home warranty security program after proper notice from the commissioner in writing by certified mail; or (6) Violated any provision of this act or any rule or regulation adopted pursuant thereto, after proper notice from the commissioner in writing by certified mail. L.1977, c. 467, s. 6.
NJ Rev Stat § 46:3B-7.1 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-7.1 - Findings, declarations relative to new home warranties

46:3B-7.1. Findings, declarations relative to new home warranties  1. The Legislature finds and declares that: a. New Jersey provides unique protection through "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1), which establishes a program requiring that newly constructed homes conform with certain construction and quality standards and provides buyers of new homes with insurance-backed warranty protection in the event such standards are not met; b. In addition to authorizing warranty coverage through private insurance programs, the act requires that a new home warranty security fund be maintained by the State Treasurer and administered by the commissioner on behalf of the buyers of new homes; c. Moneys payable to the fund are solely for the purpose of paying proven claims, providing reasonable reserves, including appropriate forms of reinsurance, and covering the costs of program administration. Accordingly, program premiums, fees and other charges must be adequate to these purposes;  d. Since the premiums, fees and other charges assessed by the fund are solely for the protection of the buyers of new homes enrolled in the program and since such charges bear directly on the affordability of those homes, the fees should be set in an actuarially sound manner, including prudent reinsurance, with provision for the distribution of any accumulated surplus to the buyers of new homes enrolled in the fund; and e. The purposes of the "The New Home Warranty and Builders' Registration Act" shall be furthered through the creation of a Board of Trustees to provide independent oversight over the fund on behalf of those whose homes are covered by it. L.2001,c.147,s.1.
NJ Rev Stat § 46:3B-7.2 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-7.2 - "New Home Warranty Security Fund Board of Trustees"

46:3B-7.2. "New Home Warranty Security Fund Board of Trustees"  2. a. There is hereby established in, but not of, the Department of Community Affairs the "New Home Warranty Security Fund Board of Trustees." The duties of the board shall include, but shall not be limited to, monitoring, reporting and making recommendations to the commissioner on the financial soundness, premium structure, reinsurance adequacy and administrative efficiency of the new home warranty security fund and, when appropriate, the distribution of surplus reserves to the owners of enrolled homes. The board shall not make any determination regarding the payment of specific claims by the commissioner pursuant to section 7 of P.L.1977, c.467 (C.46:3B-7). b. The board shall consist of five trustees to be appointed by the commissioner. One trustee shall represent the home buying public; one shall represent the New Jersey Builders Association; one shall be a certified public accountant licensed to practice in New Jersey; one shall be an attorney-at-law who is a member in good standing of the New Jersey bar; and one shall be a representative of the insurance industry. c. Each trustee shall be appointed for a four-year term; however, among the trustees first appointed, one shall be appointed for a term of one year, two shall be appointed for a term of two years, one shall be appointed for a term of three years and one shall be appointed for a term of four years. The trustees shall annually select a chairperson from among themselves. The commissioner may reappoint a trustee. The commissioner may remove a trustee for cause. d. Trustees shall serve without compensation, but may be reimbursed for expenses incurred in the performance of their duties. L.2001,c.147,s.2.
NJ Rev Stat § 46:3B-7.3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-7.3 - Functions, duties of board

46:3B-7.3. Functions, duties of board  3. a. The Board of Trustees shall monitor and annually report to the Legislature on the financial performance of the new home warranty security fund, with particular attention to whether the fund's income from fees, premiums, interest and other sources, together with its reserves and reinsurance, will provide sufficient resources to meet anticipated claims on the fund. b. The board shall commission an independent biennial actuarial analysis of the fund. The initial analysis shall commence June 30, 2001. c. Based on its continuing monitoring of the fund's financial performance and the adequacy of the fund relative to anticipated claims, the board shall annually submit to the commissioner recommendations concerning the fund's premiums, fees, investments and reinsurance. Within 90 days of receipt of the recommendations, the commissioner shall formally respond as to the implementation of the recommendations, including an explanation of any deviation from the board's recommendations. d. If, based on the actuarial analysis of the fund, the board determines that the fund's reserves are in excess of what is sufficient to meet anticipated claims, the board shall recommend to the commissioner the amount of fund moneys that should be returned to, and the mode of calculating the distribution of such moneys among, the owners of the enrolled homes. e. The board shall periodically review and make recommendations to the commissioner regarding the administration of the new home warranty program established in the department. Such review and recommendations shall include, but not be limited to, claims processing procedures, standards of construction and quality for the structural elements and components of a new home, and the degrees of noncompliance that shall constitute a defect subject to the warranty coverage. L.2001,c.147,s.3.
NJ Rev Stat § 46:3B-8 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-8 - Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval

46:3B-8. Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval  The commissioner is authorized and directed to review and approve alternate new home warranty security programs which provide for payment of claims against builders for defects covered under the new home warranty and financial security adequate to cover the total amount of claims that may be reasonably anticipated against participating builders at least equivalent to that provided by the new home warranty security fund. However, any new home warranty insurance program approved by the Commissioner of Insurance prior to the adoption of this act shall: (1) Constitute an approved alternate new home warranty security program and shall be deemed in accordance with this section and in compliance with this act in the form and substance heretofore approved by the Commissioner of Insurance, (2) not be subject to any rules and regulations adopted by the Commissioner of the Department of Community Affairs pursuant to this act when such rules and regulations are in conflict with said previously approved new home warranty program. Any person desiring approval of a new home warranty security program shall make application to the commissioner in such form and manner as he shall prescribe. He may establish and charge reasonable fees to cover the costs incurred in reviewing and approving such applications. The commissioner shall review each application and conduct any investigation he deems necessary with respect to an application. The commissioner may, and if an applicant so requests, he shall, hold a hearing on an application in accordance with the provisions of the Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.) applicable to contested cases. If the commissioner finds that a new home warranty security program provides coverage and financial security at least equivalent to the new home warranty security fund, he shall approve the program. The commissioner may revoke or suspend the approval for such a program after a hearing in accordance with the same procedures applicable to hearings on applications if he finds that the program no longer provides coverage and financial security equivalent to the new home warranty security fund. L.1977, c. 467, s. 8.
NJ Rev Stat § 46:3B-8.1 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-8.1 - Filing of statement by warranty guarantor

46:3B-8.1. Filing of statement by warranty guarantor  1. Whenever a builder participating in an alternative new home warranty program approved by the commissioner pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8) issues a warranty guaranteed by that plan, the warranty guarantor shall, before the 15th day of the month next following the month in which the new home covered by the warranty is conveyed to the owner, file with the commissioner a statement listing: (1) the name of the approved program as listed with the department; (2) the name or names and Social Security number or numbers of the owner or owners to whom the warranty was issued, the warranty date, and the enrollment number or other designation by which the warranty is identified in the records of the approved program; (3) the name, address and registration number of the registered builder by whom the warranty has been issued; (4) the sales price of the new home upon which the warranty was issued, its type and method of construction in accordance with categories established by the commissioner, and its location by street address or its block and lot number designation in the tax records of the municipality in which it is located; and (5) such other information as the commissioner may require in order to carry out the provisions and purposes of this act.  L.1992,c.56,s.1.
NJ Rev Stat § 46:3B-8.2 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-8.2 - Filing, indexing of information

46:3B-8.2. Filing, indexing of information  2. The commissioner shall cause the information reported to him pursuant to section 1 of this act to be filed and indexed, in coordination with data on file with the department relating to alternate programs approved by the commissioner, so as to permit a person consulting the file to ascertain the following data and any combination thereof:  (1) The identity and business address of any approved program, of the warranty guarantor of the program, and of the warranty administrator if different from the warranty guarantor.  (2) The identity, business address and registration number of each builder participating in any approved program.  (3) The number of warranties issued and in force by any builder participating in an approved program; the type, sales price and location of each property covered by those warranties; the identity of the owners to whom those warranties were issued; and warranty dates of each.  (4) The number of warranties issued and in force that are guaranteed by the guarantor of any program; the builder by whom they were issued; the type, sales price and location of each property covered by those warranties; the identity of the owners to whom those warranties were issued; and the warranty dates of each.  (5) The address or other location of every property upon which a warranty has been issued and is in force, according to the warranty date, the builder by whom issued, the approved program by which it is guaranteed, the owner or owners to whom issued, the type of construction and the sales price.  (6) Each of the foregoing, or any combination thereof, arranged chronologically according to the year, or any month of any year, of the warranty dates of the warranties involved.  L.1992,c.56,s.2.
NJ Rev Stat § 46:3B-8.3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-8.3 - Files open to public inspection

46:3B-8.3. Files open to public inspection  3. The files maintained pursuant to section 2 of this act shall be open to inspection by the public at any time during regular business hours at the department's main office and at any other location at which the commissioner may direct duplicate files to be maintained. Copies of information derived from these files shall be available, upon payment of fees sufficient to defray the cost of preparing and distributing those copies, to any person requesting them.  L.1992,c.56,s.3.
NJ Rev Stat § 46:3B-9 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-9 - Availability of any legal remedy to owner; election of remedy

46:3B-9. Availability of any legal remedy to owner; election of remedy  Nothing contained herein shall affect other rights and remedies available to the owner. The owner shall have the opportunity to pursue any remedy legally available to the owner. However, initiation of procedures to enforce a remedy shall constitute an election which shall bar the owner from all other remedies. Nothing contained herein shall be deemed to limit the owner's right of appeal as applicable to the remedy elected. L.1977, c. 467, s. 9.
NJ Rev Stat § 46:3B-10 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-10 - Rules and regulations

46:3B-10. Rules and regulations  The commissioner shall promulgate such rules and regulations as may be necessary to carry out the provisions of this act. L.1977, c. 467, s. 10.
NJ Rev Stat § 46:3B-11 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-11 - Supersedure of municipal ordinance or regulation

46:3B-11. Supersedure of municipal ordinance or regulation  This act shall supersede any municipal ordinance or regulation which provides for the licensing or registration of builders or for the protection by bonds or warranties required to be supplied by builders, exclusive of those required by water, sewer, utilities, or land use requirements. L.1977, c. 467, s. 11.
NJ Rev Stat § 46:3B-12 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-12 - Failure to register; penalty; enforcement and collection

46:3B-12. Failure to register; penalty; enforcement and collection  Any builder who fails to register as required hereunder shall be subject to a penalty not to exceed $2,000.00 for each offense to be enforced and collected by the commissioner in the name of the State in a summary proceeding in accordance with the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). L.1977, c. 467, s. 12.
NJ Rev Stat § 46:3B-13 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-13 - Findings, determinations, declarations

46:3B-13. Findings, determinations, declarations  1. The Legislature finds, determines and declares: a. Within the past decade, the building codes of this and other states have permitted, and builders have employed, fire-retardant treated (FRT) plywood roof sheathing as an approved mode of construction to provide fire safety in multi-unit structures.  b. It has recently been discovered that, in many instances, plywood treated for fire retardancy has proven liable to suffer material deterioration and premature structural failure. As a result, many condominiums, cooperatives, fee simple townhouses and similar structures built in recent years have been, and many more may soon be, faced with premature problems of replacing sheathing and roofing on a large scale.  c. The difficulty of dealing with such unanticipated structural failure potentially falls most acutely on planned real estate development associations and home owners in condominiums, cooperatives, fee simple townhouses and similar housing developments that employ the type of firewall-separation construction to which FRT plywood sheathing is commonly applied. This failure constitutes a major construction defect under existing law, but because of the varied response of warranty guarantors, including private warranty guarantors under "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1 et seq.), it appears likely that the difficulties of many owners may be compounded by resistance to their claims for compensation, and that if they may collect at all it will be only after prolonged negotiation or litigation.  d. It is, therefore the intention of this legislation to establish a funding mechanism, based upon the State's New Home Warranty program and not dependent upon general revenues of the State, to make immediate funding available to homeowners faced with emergent needs for immediate remediation of the major construction defect, as well as to builders and warranty guarantors who honor the claims of such owners.  e. It is the further intention of this legislation to provide practicable means for pursuing claims against any responsible party, where appropriate, to recover costs of remediation due to material defects for which a responsible party may be held liable.  L.1991,c.202,s.1.