N.J. Admin. Code § 13:5-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Applicant" means any person considered for, or who requests to be considered for, tenancy within a rental dwelling unit.

"Complainant" means any person filing a complaint alleging a violation of the Act.

"Conditional offer" means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant's criminal record, or any other eligibility criteria that the housing provider may lawfully utilize.

"Criminal record" means information about an individual collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, criminal complaints, or other formal criminal charges, and any disposition arising therefrom, including, acquittal, sentencing, correctional supervision, release, or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.

"Director" means the Director of the Division on Civil Rights.

"Division" means the Division on Civil Rights in the Department of Law and Public Safety.

"Electronically" means through the New Jersey Bias Investigation Access System (NJBIAS), which is currently available at http://bias.nicivilrights.gov, or through another electronic means specified by the Director.

"Housing provider" means a landlord, an owner, lessor, sublessor, assignee or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit.

"Position statement" means a legal brief or other writing that, in narrative fashion, responds to the allegations in a complaint, as well as, explains the respondent's version of the facts and identifies specific documents and witnesses supporting the respondent's position.

"Rental dwelling unit" means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than four dwelling units.

"Respondent" means any party charged in a complaint with a violation of the Act.

Notes

N.J. Admin. Code § 13:5-1.3
Adopted by 54 N.J.R. 76(a), effective 1/3/2022

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