reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.2 - Registration; new home builder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning
				application are as follows:
1. Every application
				for registration as a new home builder shall be made on the form prescribed by the
				Commissioner and shall be accompanied by a non-returnable registration fee of $
				200.00;
2. Each application for
				registration as a new home builder shall include full name and address of the
				business. In the case of a corporation the name entered on the application shall be
				that registered with the Secretary of State. In all cases the address entered on the
				application shall be the street number, street name, and municipality at which the
				primary office of the applicant's business organization is located. In no case shall
				the address be a post office box or the address of an agent. It shall, in all cases,
				be the address at which the proprietor, or a listed builder designee who is a
				partner, officer, director or stockholder of the organization can usually be found.
				The address shall be that of a business office unless there is none in which case it
				may be a residence address. The application shall appoint an agent for the service
				of process and shall provide his address. The agent may be any person who is a
				resident of this State. The application shall also include the builder's business
				and home telephone number his Federal Employer Identification number and the names,
				and addresses and home phone numbers of all persons having a minimum of ten percent
				interest in the new home builder. In addition, the application shall include
				historical information concerning the experience of the builder in the State of New
				Jersey including the number of years in the new home construction business, and the
				municipalities in which the business has been practiced during the three years
				immediately previous to the date of application. The application shall also include
				any criminal convictions against any person having an interest in the new home
				builder and the disposition thereof;
3.
				Each applicant for a certificate of registration as a builder shall disclose in the
				application any subsidiary or parent relationship with any other new home building
				organization and shall further disclose all interests of any officer, partner,
				director, or stockholder of the builder in any other new home building
				organization.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.3 - Certificate of registration

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of a completed application, a certificate of
				  registration will be issued as a registered builder unless denied in accordance with
				  5:25-2.5. The certificate of
				  registration shall remain valid, unless suspended or revoked in accordance with
				  5:25-2.5, until the expiration date
				  indicated thereon except in the case of a builder whose relationship with the
				  partner, director, officer, or stockholder who shall have been the registered
				  designee is ended. In such a case the certificate of registration shall expire and
				  become invalid unless another designee is substituted. The certificate of
				  registration shall also become invalid if a builder shall fail to continue or let
				  lapse his participation in either the State Plan or a private plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.4 - Registration renewal

Current through Register Vol. 56, No. 14, July 15, 2024
A certificate of registration may be renewed for additional two
				  year periods. Applications for renewal shall be made upon the forms provided by the
				  Commissioner and shall be accompanied by a fee of $ 200.00 and shall be subject to
				  the same conditions as an original application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.5 - Denial, suspension, or revocation of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				certificate of registration may be denied, suspended, or revoked if the registrant
				or applicant or an officer, partner, director, or stockholder of the registrant or
				applicant has at any time:
1. Willfully made a
				misstatement of 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 the New Jersey State Uniform
				Construction Code to any substantial degree; or
5. Habitually or egregiously engaged in any act or
				omission set forth in (b)1 through 7 below.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.6 - Failure to register; penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any builder who
				fails to register as herein required, who fails to file an amended application as
				specified in 5:25-2.5(b)4, or who
				fails to maintain a current builder registration as required by
				5:25-2.1(a), shall be
				subject to a penalty not to exceed $ 2,000 for each offense, to be levied by the
				Division and collected in accordance with the Penalty Enforcement Law, N.J.S.A.
				2A:58-1 et seq.
(b) Each instance in
				which a builder sells a new home without having been registered, or without then
				having a registration currently in effect, shall be considered a separate
				offense.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.7 - Enrollment in a warranty plan

Current through Register Vol. 56, No. 14, July 15, 2024
Each builder or building business entity shall, at the time of
				  registration, indicate on the registration form the warranty plan in which that
				  entity is enrolled or chooses to be enrolled. No builder or building business entity
				  shall be issued a certificate of registration unless they have enrolled or have
				  applied for enrollment in either the State Warranty Plan or a private warranty
				  plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 2 - BUILDER REGISTRATION › Section 5:25-2.8 - Restoration of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No certificate of
				registration which has been suspended or revoked shall be restored to any person
				previously registered as a builder unless the Director finds that the reason for the
				suspension or revocation no longer applies and is unlikely to recur and that such
				builder has fully compensated or, as a condition of such restoration, will fully
				compensate, the State Plan or any private plan or any other person for any loss
				incurred as a result of such builder's failure to comply with the Act.
(b) No certificate of registration which has been
				suspended, revoked or allowed to lapse shall be restored unless and until all fees,
				premiums, surcharges and penalties have been paid in full.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.1 - Warranty applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The warranty
				specified in this section shall be provided by any and all new home builders for all
				new homes for which title is first transferred from builder to owner, or for which
				possession or occupancy is first given by builder to owner, on or after July 1,
				1979.
(b) A new home built for an owner
				shall be considered given for occupancy if the builder shall obtain and give over to
				the owner a certificate of occupancy issued by a local enforcing agency pursuant to
				the New Jersey Uniform Construction Code. A new home sold to an owner shall be
				considered given for occupancy when the owner is authorized to occupy pursuant to
				any agreement between the builder and the owner.
(c) The following rules concern applicability to
				condominiums and cooperatives:
1. In addition to
				the individual dwelling units, the common elements serving condominiums or
				cooperatives are covered by this warranty, subject to the exclusions as defined
				under 5:25-3.4. The warranty date on common
				elements shall be the date on which that common element is first put to use. In the
				event one unit in a single condominium or cooperative structure is sold all
				remaining units in that structure shall be warranted whether sold or used for rental
				purposes.
2. Where the warranty date on
				common elements has expired, a unit owner who has taken first occupancy after that
				period may file a notice of defect on a common element directly with the builder and
				when it is established that such defect could not have been determined prior to
				occupying the unit, the defect shall be made a part of the unit owner's
				claim.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.2 - Warranty coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The warranty made
				applicable by these regulations shall be as follows:
1. One Year Warranty: For a period of one year
				from the warranty date each new home shall be free from:
i. Performance standard defects (see
				5:25-3.5 )
ii. Appliance fixture and equipment defects (see
				5:25-1.3 ).
iii. Mechanical and electrical systems defects
				(see 5:25-1.3 and
				5:25-3.5(k)  and
				(
l
)).
iv. Major
				structural defects (see
				5:25-1.3 and
				5:25-3.7 ).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.3 - Builder responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each builder shall
				be responsible for the correction of any defect which appears during any of the
				warranty period specified in this section, unless such responsibility is otherwise
				assumed by the private plan of which he is a member. Participants in the State Plan
				shall be responsible for correction of defects for the first two years of the
				warranty.
(b) The builder's
				responsibility in the case of a defect covered by this warranty shall include
				removal of the defects by repair or replacement or payment of the reasonable cost of
				repair or replacement. The choice as between repair, replacement or payment is the
				builders. The builder's responsibility shall include actual reasonable shelter
				expenses during repairs.
(c) Steps taken
				by the builder to correct defects shall not be deemed to extend the term of the
				warranty beyond that specified in this section.
(d) Written notice of a defect in any item under
				the warranty must be received by the builder not later than seven calendar days
				after the date on which the warranty on that item expires.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.5 - Performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				performance standards set minimum standards which prescribe the level for quality of
				materials and performances in workmanship for the construction of new homes.
1. To the extent that detailed minimum performance
				standards for construction have not been enumerated in these Performance Standards,
				builders shall construct homes in accordance with good industry practice which
				assures quality of materials and workmanship. Likewise, the validity of any home
				buyer's claims for defects for which a standard has not been enumerated here shall
				be determined on the basis of good industry practice which assures quality of
				materials and workmanship, and any conciliation or arbitration of such claims shall
				be conducted accordingly.
2. The
				Performance Standards list specific items with each separate area of
				coverage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.6 - Structural and mechanical system standards

Current through Register Vol. 56, No. 14, July 15, 2024
The structural and mechanical systems standards to be used in
				  determining the adequacy of design, materials and workmanship for the structural
				  components of the home and for the mechanical systems of the home including
				  plumbing, electrical and heating and cooling systems shall be the provisions of the
				  State Uniform Construction Code in effect on the date that the construction permit
				  under which the new home was constructed was issued. The standards of adequacy for
				  plumbing systems shall be as specified in
				  5:25-3.5(k)2; for
				  Heating and Air Conditioning systems shall be specified in
				  5:25-3.5(k)4  and for
				  the Electrical system capability shall be as specified in
				  5:25-3.5(l).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.7 - Major structural defects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The load bearing
				portion of a home is defined as the framing members and structural elements that
				transmit both dead and live loads of the home to the supporting ground. Examples of
				load bearing elements are: roof rafters and trusses; ceiling and floor joists;
				bearing partitions, supporting beams, columns, basement and foundation walls, and
				footings.
(b) A structural failure shall
				not be considered a defect until it has been established by the Construction Code
				Element, under the provisions of the Uniform Construction Code in effect on the date
				that the Construction Permit under which the new home was constructed was issued, as
				an actual or pending structural failure of some part of the load bearing system as
				defined in (a) above. To be eligible, such defect does not have to render the home
				uninhabitable; however, it must be of such a serious nature that it vitally affects
				the use of the home for residential purposes and the Construction Official shall
				issue a notice to that effect under
				5:23-2.32 (Unsafe Structures).
(c) The following are excluded as major structural
				defects:
1. Changes by the owner to the
				established grade lines affecting basement and foundation walls;
2. Movement caused by flood or
				earthquake;
3. Actual or resultant
				damage caused by lightning, tornado, unnatural high winds or hurricanes;
4. Damage caused by additions or alterations to
				the home;
5. Improper loading over and
				above the design criteria for which that portion of the house was
				intended;
6. Resultant structural damage
				due to fire;
7. Changes in the water
				level which is caused by new development in the immediate area or can be directly
				traced to an act of nature;
8. Water
				seepage in basement or crawlspace after the first year of coverage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.8 - Limit on liability

Current through Register Vol. 56, No. 14, July 15, 2024
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. In the event a Certificate of Participation misstates the purchase price or
				  the commencement date and the homeowner fails to notify the New Home Warranty
				  Program within 45 days from the actual warranty commencement date, the limit of
				  liability shall be as stated on the Certificate of Participation at the time of
				  validation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.9 - Warranty minimum

Current through Register Vol. 56, No. 14, July 15, 2024
It is the intent of this subchapter to specify the scope,
				  applicability and standards pertaining to the minimum warranty required to be given
				  by every builder to every owner. Nothing herein is intended to limit the right of
				  any builder to offer a warranty which exceeds this specified minimum whether by
				  reason of scope, applicability or standards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 3 - WARRANTY COVERAGE AND STANDARDS › Section 5:25-3.10 - Remedy exclusive

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to New Home Warranty and Builders' Registration Act (
				  P.L. 1977, c.467) the filing of a claim against the warranty specified by this
				  subchapter shall constitute the election of a remedy and shall bar the owner from
				  all other remedies. Nothing herein shall be deemed to limit the owner's right to
				  elect other remedies except that such election shall bar the owner from pursuing the
				  same claim under the warranty specified in this subchapter and in accordance with
				  the procedures related hereto. For the purpose of this section, election of other
				  remedies shall mean the filing of a complaint, counter-claim, cross-claim or third
				  party complaint in any court that alleges matters covered by the warranty in
				  particular or unworkmanlike construction in general.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.1 - Private plans permitted

Current through Register Vol. 56, No. 14, July 15, 2024
Any person wishing to constitute and establish a private plan to
				  provide for insurance coverage, the payment of claims, dispute settlement, and the
				  like, may apply to the Department for approval as provided for in this subchapter.
				  Participation by a builder in such private plans shall fulfill the builder's
				  obligation to participate in a warranty program pursuant to this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.2 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to receive
				or maintain an approval a private plan shall conform to all the requirements
				specified in this section.
(b) The
				private plan shall provide financial security adequate to cover the total amount of
				claims that may be reasonably assessed against participating builders and adequate
				to cover the costs of operation of the plan.
(c) No private plan shall require any payment by
				an owner at any time subsequent to the warranty date as a condition of maintaining
				in effect the warranty prescribed by subchapter 3 of this chapter.
(d) A private plan may provide that either the
				builder or the warranty guarantor are primarily responsible for satisfying claims
				against the warranty at any given point during the life of the warranty, but such
				responsibility shall be clearly disclosed to the owner on or before the warranty
				date and shall not be modified or changed after the warranty term begins to
				run.
(e) A private plan shall provide a
				complaint, claims and payment procedure which:
1.
				Provides for an attempt at informal settlement of any claim arising out of the
				warranty between the builder and the owner and requires that any owner desiring to
				make a claim provide written notice of the complaint to the builder.
2. Provides for conciliation and/or arbitration of
				any warranty claim dispute by an independent third party selected and appointed in a
				manner approved by the Department and disclosed to the owner on or before the
				warranty date.
3. Provides the owner
				with an opportunity to accept or reject a conciliation decision in satisfaction of
				the claim and notice of the opportunity to appeal that decision to a court of
				competent jurisdiction.
4. Provides
				fixed periods of time for action by either party pursuant to the arbitration or
				conciliation decision.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.3 - Application approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants for
				approval of a private plan shall submit a written application in letter form, the
				required fee in the amount of $ 5,000 which is non-refundable and any additional
				information the Department may require.
(b) Each application for approval shall contain
				all such information as may be necessary to determine that the plan if approved will
				conform to the requirements established by
				5:25-4.2. Such information shall include
				but not be limited to, the following:
1. Warranty
				Guarantor:
i. The name, full street and postal
				address and telephone number of the warranty guarantor;
ii. The documents necessary for the qualifications
				of the warranty guarantor, as required by
				5:25-4.2(j);
iii. A copy of the agency agreement between the
				warranty administrator and the warranty guarantor, if any.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.4 - Revocation or suspension of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				shall establish that any private plan has committed any of the following, its
				approval may be revoked or suspended:
1. Willfully
				made a misstatement of a material fact in the application for approval.
2. Established a pattern of unreasonable delay in
				the processing and disposal of warranty claims.
3. Unreasonably refused to honor a warranty claim
				or claims.
4. Failed to conform to
				5:25-4.2(i).
5. Undertaken to change, changed or become aware
				of a change in circumstances which induced the Department to approve the plan
				without having filed an amended application for approval.
6. Violated any of the provisions of section 6 of
				this subchapter.
7. Deviated in a
				significant way from the complaint and claims process upon which the approval was
				based.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.5 - Denial, suspension or revocation hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Department shall believe that it has cause to suspend, deny or revoke approval, the
				following procedure shall apply:
1. Notice: The
				applicant or previously approved private plan shall be furnished with a written
				notice describing the reasons for denial or revocation and advising of the right to
				have a hearing on the matter.
2.
				Hearing: The hearing shall be conducted in accordance with the provisions of the
				Administrative Procedure Act ( P.L. 1968, c.410,
				52:14B-1 et seq.) and the Uniform
				Administrative Procedure Rules (N.J.A.C. 1:1) applicable to contested
				cases.
3. Decision: The Commissioner
				shall issue a final decision in accordance with the applicable provisions of the
				Administrative Procedure Act and the Uniform Administrative Procedure
				Rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 4 - PRIVATE ALTERNATE NEW HOME WARRANTY SECURITY PLANS › Section 5:25-4.6 - Responsibilities; prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
A private plan shall provide insurance coverage for all of the
				  new homes constructed by its member builders irrespective of the fact that a member
				  builder has not paid a premium on specific homes, or because of the increase in risk
				  of any particular project or home, due to its size, location, or otherwise.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 5 - THE STATE NEW HOME WARRANTY SECURITY PLAN › Section 5:25-5.1 - Fund administrator

Current through Register Vol. 56, No. 14, July 15, 2024
Responsibility for administering the State plan is hereby
				  delegated to the Director, Division of Codes and Standards. The Director shall
				  establish such procedures and controls as may be necessary to account for the fund
				  and shall approve all payments from the fund.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 5 - THE STATE NEW HOME WARRANTY SECURITY PLAN › Section 5:25-5.2 - Claim eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following owners
				are eligible to file a claim against the State fund:
1. Owners, other than owners of new homes enrolled
				in a private plan, having a warranty claim which occurs during years three through
				10 of the warranty.
2. Owners having a
				warranty claim against a builder participating in the State Plan, who has refused to
				honor or is unable to honor the claim;
3. An owner who has a warranty claim against a
				builder who, contrary to law, was not a participant in the State Plan;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 5 - THE STATE NEW HOME WARRANTY SECURITY PLAN › Section 5:25-5.3 - Builder participation; new home warranty and security fund

Current through Register Vol. 56, No. 14, July 15, 2024
Any builder not participating in a private plan shall be required
				  to participate in the State Plan. The State Plan shall cover any new home purchased
				  from a builder except a home enrolled in and warranted under a private plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION › Subchapter 5 - THE STATE NEW HOME WARRANTY SECURITY PLAN › Section 5:25-5.5 - Claims procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Builder
				responsibilities rules are:
1. The builder shall
				provide to the owner, on or before the warranty date for each new home, a full
				statement of warranty coverage and warranty claims procedure in such form as shall
				be prescribed by the Director.
2. Upon
				receipt of the four validated copies of the Certificate of Participation returned by
				the Department pursuant to
				5:25-5.4(a)  2, the
				builder shall distribute said validated copies in the following manner.
i. On the warranty date, one copy (the owner's
				settlement copy) shall be furnished to the owner.
ii. Within 10 days of the warranty date, one copy
				shall be furnished by the builder to the mortgagee, if any, of the new
				home.
iii. One copy shall be furnished
				to the local construction official as part of the application for a certificate of
				occupancy.
iv. One copy shall be
				retained by the builder as a file copy.
3. The Certificate of Participation shall be in
				such form and contain such information as shall be prescribed by the Director. A
				late payment fee shall be assessed and, having been assessed, shall be paid for each
				failure to remit payments due the Department on time, as provided in N.J.A.C.
				5:25-5.4. Such late payment fee shall not exceed $ 50 for the first 30 days, or for
				any part thereof, and $ 500 for each 30-day period or part thereof
				thereafter.
4. The builder shall, on or
				before the warranty date, provide the owner with written notice concerning the
				business address to which notifications concerning alleged defects can be directed.
				The builder shall further provide written notice by regular mail of the new address
				to which notifications may be directed should the business address of the builder
				change at any time during the first two years following the warranty date.
5. Whenever an owner shall provide a builder with
				a notice of defect, then the builder shall arrange, with the owner, a mutually
				agreeable time for an inspection of the defect. Upon completion of the inspection,
				but in no case later than 30 days from receipt of notice of the defect, the builder
				shall provide the owner with a written statement setting forth the action the
				builder will take to correct the defect and the time by which the defect will be
				corrected.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 5:26-1.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
The Planned Real Estate Full Disclosure Act (Chapter 419, P.L.
				  1977, 45:22A-21 et seq.) became effective
				  November 22, 1978. These rules have been adopted to enable the Division of Codes and
				  Standards to implement the Act and to enable owners of property affected to more
				  easily and more fully comply with the requirements of the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 5:26-1.2 - Affirmative determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Act provides for
				the issuance of an order of registration upon an affirmative determination of the
				Division that:
1. The developer can convey or
				cause to be conveyed the lots, parcels, units or interests offered for disposition,
				if the purchaser complies with the terms of the offer; and
2. There is reasonable assurance that all proposed
				improvements can be completed as represented; and
3. The advertising material and the general
				promotional plan are not false or misleading and comply with the standards
				prescribed by the Division in subchapter 5 hereof and afford full and fair
				disclosure; and
4. The developer, its
				officers and/or principles have not been convicted of a crime involving any aspect
				of the real estate sales business in this State, the United States, or any other
				state or foreign country within the past 10 years; and
5. The developer, its officers and/or principals
				have not been subject to any permanent injunction or final administrative order
				restraining a false or misleading plan involving real property disposition, the
				seriousness of which in the opinion of the Agency warrants the denial of
				registration; and
6. The public offering
				statement requirements have been satisfied.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 5:26-1.4 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
The Act shall be administered by the Division of Codes and
				  Standards of the State Department of Community Affairs, through the Bureau of
				  Homeowner Protection. All correspondence and inquiries may be addressed to the
				  Bureau of Homeowner Protection, PO Box 805, Trenton, New Jersey 08625-0805.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.1 - Registration required

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided in this subchapter, no developer may
				  offer or dispose of any interest in a planned real estate development or retirement
				  community prior to the registration of such planned real estate development or
				  retirement community with the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.3 - Requests for exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who believes that a planned real
				estate development or retirement community may be exempt from the provisions of the
				Act, or who is contemplating establishment of a planned real estate development or
				retirement community that he or she believes may be exempt, may apply to the
				Director for a Letter of Exemption.
1. Such
				application shall be in writing and shall list the reasons why such planned real
				estate development or retirement community, or proposed planned real estate
				development or proposed retirement community, may be exempt from the Act.
2. An application for exemption pursuant to
				5:26-2.2(a)  shall be
				accompanied by a fee of $ 157.00.
i. No fee shall
				be charged for any development consisting entirely of units legally restricted to
				occupancy by households of low or moderated income.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.4 - Application for registration; submission and fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for
				registration shall consist of a statement containing the items set forth in N.J.A.C.
				5:26-3 and shall be submitted in the manner and form provided therein, together with
				the filing fee in the amount of $ 1,511, plus $ 151.00 per lot, parcel, unit, or
				interest, made payable to the Treasurer, State of New Jersey.
1. In the event that lots, parcels, units, or
				interests are added during registration, an additional fee of $ 151.00 per lot,
				parcel, unit, or interest added shall be paid. There shall be no refunds for
				deletions.
2. No fee shall be charged
				for units legally restricted to occupancy by households of low or moderate
				income.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.5 - Notice of filing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of an application for registration in proper form,
				  accompanied by payment of the required filing fee, the Agency shall, within 10
				  business days, issue a notice of filing to the applicant. The notice of filing shall
				  not be construed as an approval of the application for registration or any portion
				  thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.6 - Order of registration

Current through Register Vol. 56, No. 14, July 15, 2024
Within 90 days from the date of the notice of filing or notice of
				  correction as provided below, the Agency shall enter an order registering the
				  development if the Agency affirmatively determines that the requirements of
				  5:26-1.2 and Section 9 of the Act have
				  been met.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.7 - Notice of correction

Current through Register Vol. 56, No. 14, July 15, 2024
When the Agency determines, upon inquiry and examination, that
				  any of the requirements of
				  5:26-1.2 and Section 9 of the Act have
				  not been met, the Agency shall notify the applicant that the application for
				  registration must be corrected in such particulars within 30 days.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.8 - Order of rejection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event the
				requirements of the notice of correction are not met within the time allowed, the
				Agency may enter an order rejecting the registration which shall include the
				findings of fact upon which the order is based.
(b) The Order of Rejection shall not take effect
				for a period of 20 days from the expiration of the 30 day period mentioned in
				5:26-2.7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.9 - Petition for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the issuance of
				an Order of Rejection, the applicant shall have the right to file a petition for a
				reconsideration with the Agency and shall be entitled to a hearing thereon, provided
				the petition for reconsideration shall be filed within 20 days of the Order of
				Rejection.
(b) In the event a petition
				for reconsideration is filed by the applicant, as provided, the Order of Rejection
				shall not take effect until such time as the hearing has been held and a
				determination rendered.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.10 - Automatic registration

Current through Register Vol. 56, No. 14, July 15, 2024
The planned real estate development or retirement community shall
				  be deemed to be registered pursuant to
				  5:26-2.6, if within 90 days of the
				  notice of filing or notice of correction, the Agency has not issued an Order of
				  Rejection or the applicant has not consented to a delay in writing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.11 - Order of revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency may
				revoke a registration after notice and upon finding of fact that the developer has:
1. Failed to comply with the terms of a cease and
				desist order;
2. Been convicted,
				subsequent to the filing of the application for registration, in any court, of a
				crime involving fraud, deception, false pretenses, misrepresentations, false
				advertising, dishonest dealing or other like offenses;
3. Disposed of, concealed or diverted any funds or
				assets of any person so as to defeat the rights of purchasers;
4. Failed faithfully to perform any stipulation or
				agreement made with the Agency as an inducement to grant or reinstate any
				registration, to approve any promotional plan or public offering statement, or to
				rescind or modify any order or rule issued by the Agency.
5. Advertised the planned real estate development
				or retirement community, or responded to applications for the planned real estate
				development or retirement community, in a manner which was discriminatory on the
				basis of marital status, sex, race, color, creed, religious principles, national
				origin, ancestry, affectional or sexual orientation, or on any other basis that may
				be prohibited under the Law Against Discrimination (10:5-1
				et seq.);
6. Willfully violated any
				provision of the Act or of these regulations; or
7. Made an intentional misrepresentation or
				concealed a material fact in an application for registration.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.12 - Cease and desist orders; injunctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency may issue
				an order requiring a person to cease and desist from an unlawful practice or an
				order requiring him to take such other affirmative action as in the judgment of the
				Agency will carry out the purposes of the Act or these regulations upon the Agency's
				determination, after notice and hearing, that a developer has:
1. Violated any provision of the Act;
2. Directly or through an agent or employee
				knowingly engaged in any false, deceptive or misleading advertising, promotional or
				sales methods to offer or dispose of a unit;
3. Made any material change in the plan of
				disposition or development of the subdivision subsequent to the order of
				registration without obtaining prior approval from the Agency;
4. Disposed of any lot, parcel, unit or interest
				in a planned real estate development or retirement community which has not been
				registered with the Agency; or
5.
				Violated any lawful order, rule or regulation of the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.13 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
Within 30 days after the anniversary date of the latest Order of
				  Registration and while the developer retains any interest in the development or
				  retirement community, the developer shall file on a form designated by the Agency an
				  annual report reflecting any material changes in information contained in the
				  original application for registration. This shall not diminish the obligation of the
				  developer to notify the Agency of material changes as they occur. The annual report
				  shall contain a yearly audit of association funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.14 - Order terminating responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
Upon a determination by the Agency 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 development or retirement community, the Agency shall issue an
				  order terminating the responsibilities of the developer under the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.15 - Registration in this State, other states or with the Federal Government

Current through Register Vol. 56, No. 14, July 15, 2024
Any developer who desires to register a planned real estate
				  development or retirement community which has been registered in this State, in
				  other states or with the Federal Government and the requirements of that
				  registration are substantially similar to those imposed by this chapter, may submit
				  a certified copy of the approved application for registration filed in such other
				  jurisdiction or with such other state agency or with the Federal Government and a
				  certified copy of the letter of approval or other written approval thereof. In the
				  event the Agency finds, upon review, that the approval substantially conforms to the
				  standards and requirements imposed by the Act and by this chapter, the Agency may
				  register such planned real estate development or retirement community; provided
				  however, prior to such registration the Agency may require submission of such
				  supplemental documents and information as it may deem necessary.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.16 - Consolidated filing

Current through Register Vol. 56, No. 14, July 15, 2024
A developer may register additional property pursuant to the same
				  common promotional plan as those previously registered by the Agency by submitting
				  another application providing such additional information as may be necessary to
				  register the additional lots, parcels, units or interests.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 2 - REGISTRATION › Section 5:26-2.17 - P.U.D and P.U.R.D

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The developer of a
				planned unit development or planned unit residential development shall register the
				development pursuant to N.J.A.C. 5:26-3 hereof regardless of whether the developer
				intends to offer the lots, parcels, units or interests to the public or to a builder
				or builders or to another developer.
(b)
				In the event the developer offers or intends to offer a number of lots, parcels,
				units or interests in a P.U.D. or P.U.R.D. to a builder or builders who will
				construct dwelling units thereon with the intention of offering them to the public,
				the developer and the builder may submit a joint application for registration or the
				developer may submit an application for registration and file an amendment pursuant
				to N.J.A.C. 5:26-3 hereof when the lots, parcels, units or interests are conveyed to
				the builder.
(c) The items requested in
				5:26-3.1(a)1, 3, 4, 16,
				17, 19 and 20 shall be submitted for both the developer and the builder.
(d) The warranty provisions of N.J.A.C. 5:26-7
				shall be provided by the person who constructs the particular improvements so
				warranted.