N.J. Admin. Code § 5:27-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:27-3.3 - Harassment; fraud; eviction without due cause

(a) In other than Class F facilities, cooperative sober living residences, no licensee or employee or agent of a licensee shall engage in any conduct or permit residents or others to engage in any conduct that is unreasonable under the circumstances and that tends to cause annoyance to any resident.

(b) In other than Class F facilities, cooperative sober living residences, no licensee or employee or agent of a licensee shall, in the course of his or her dealings with residents or with their property, engage in any conduct evidencing a lack of probity, integrity, or trustworthiness.

(c) Unless otherwise directed or authorized by the Bureau, no licensee shall cause any resident to be evicted from any rooming or boarding house except for good cause, as defined in N.J.S.A. 2A:18-61.1 et seq., and except in accordance with the procedural requirements of N.J.S.A. 2A:18-61.1 et seq.

1. A licensee may bring to the attention of the Bureau any situation in which the licensee believes that a directive from the Bureau, pursuant to this subsection, is necessary in order to facilitate appropriate placement of a resident, in accordance with N.J.A.C. 5:27-3.5(b), and to protect the right of all residents to a safe, healthful, and decent living environment, in accordance with N.J.A.C. 5:27-3.1(a) 12. This shall not apply to Class F licensed facilities, cooperative sober living residences.

2. The references to N.J.S.A. 2A:18-61.1 et seq., in (c) above notwithstanding, a resident of a cooperative sober living residence may be evicted from the residence by determination of the operator or vote of the residents depending on the procedure set forth in the house rules of the cooperative sober living residence regarding a violation of those rules, including, but not limited to, prohibitions against the possession or use of alcohol or drugs.

N.J. Admin. Code § 5:27-3.3

Amended by 50 N.J.R. 310(a), effective 1/16/2018