New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 17 - RESIDENTIAL HOUSING MANAGEMENT BOARD › Subchapter 1 - PROCEDURAL GUIDE FOR OCCUPYING AND VACATING EMPLOYEE HOUSING UNITS › Section 17:17-1.13 - Administrative appeals procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An aggrieved
				employee may contest any administrative decision regarding housing occupancy,
				rents, evictions, notices to vacate, or other matters, including a hardship
				waiver, by notifying the Residential Housing Management Board. This is
				accomplished by first writing to the department program manager responsible for
				the residential housing department program or agency housing committee
				(committee), whichever is applicable for the agency.
(b) Upon receipt of the grievance, the
				committee will have 10 business days to review the matter and issue a written
				decision after discussing the matter with the employee. If the matter cannot be
				satisfied at the department program/committee level, the department/committee
				chairman will forward the matter, along with all paperwork, to the official
				within the department/agency who has the responsibility for employee
				housing.
(c) If after 10 business
				days the matter cannot be satisfied at the department/agency level, it shall be
				forwarded from the Director's Office, along with the paperwork, to the Office
				of Real Property Management, Employee Housing Unit, PO Box 229, Trenton, New
				Jersey 08625. All paperwork accomplished at the committee and department/agency
				levels must accompany the appeal to the Employee Housing Unit. The Employee
				Housing Unit shall take action on the complaint within 30 calendar days of
				receipt and notify the Residential Housing Management Board of its action at
				the next Board meeting. During the 30-day period, the Employee Housing Unit
				shall also notify the complainant of its determination.
(d) Concerning challenges to the Employee
				Housing Unit determination, the following statement shall be incorporated in
				every written notice setting forth the Employee Housing Unit's determination in
				a matter where such determination is contrary to the claim made by the claimant
				or the claimant's legal representative: "If you disagree with the determination
				of the Employee Housing Unit, you may appeal by submitting a written statement
				to the Residential Housing Management Board whose address is PO Box 229,
				Trenton, New Jersey 08625-0229 within forty-five (45) calendar days after the
				date of your receipt of written notice of the determination. The statement
				shall set forth in detail the reasons for your disagreement with the Employee
				Housing Unit's determination and shall include any and all relevant
				documentation supporting your claim. If no such written statement is received
				by the Board within the forty-five (45) day period, the determination by the
				Employee Housing Unit shall be final."
(e) The Board shall determine whether to
				grant an administrative hearing based upon the standards for a contested case
				hearing set forth in the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1
(f) Except where the Board determines to hear
				the case itself, administrative hearings shall be conducted by the Office of
				Administrative Law pursuant to the provisions of
				52:14B-1 et seq. and N.J.A.C.
				1:1.
(g) If the granted appeal
				involves solely a question of law, the Board may retain the matter and issue a
				final decision which shall include detailed findings of fact and conclusions of
				law based upon the documents, submissions and legal arguments of the
				parties.
(h) If the granted appeal
				involves a question of facts, the Board shall submit the matter to the Office
				of Administrative Law.
(i) The
				Board's final decision maybe appealed to the Superior Court, Appellate
				Division.