Cal. Civ. Code § 5:10-1A.6
Appointment
Operative Text
(a) A housing code official or inspector in a non-civil service municipality shall not be subject to removal from the position for reasons having to do with technical, administrative or enforcement issues related to enforcement of the Hotel and Multiple Dwelling Law so long as he or she continues to hold licensure as a housing code official or inspector, as the case may be. (b) The Department shall have the right to suspend or revoke the license of a housing code official or inspector or trainee who violates any provision of the Hotel and Multiple Dwelling Act or of these rules, or is grossly negligent in the performance of his or her duties, or fails to maintain a minimally acceptable level of competence. (c) Municipal officials may determine salary, assign office space, require reports of activities and generally fix terms and conditions of employment. They may impose discipline for failure to maintain office hours, failure to maintain records, failure to serve the public courteously, or for dishonesty, intoxication or other forms of misbehavior not related to housing code enforcement.
N.J.A.C. § 5:10-1A.6 establishes a dual-authority framework governing housing code officials and inspectors in New Jersey. In non-civil service municipalities, these officials cannot be removed from their positions for reasons tied to technical, administrative, or enforcement decisions under the Hotel and Multiple Dwelling Law, as long as they remain licensed. At the same time, the New Jersey Department of Community Affairs retains authority to suspend or revoke a license when an official violates applicable law or rules, is grossly negligent, or fails to maintain a minimally acceptable level of competence, while municipalities retain control over general employment conditions such as salary, office hours, and conduct unrelated to code enforcement.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-1A.6, the housing code officials and inspectors who interact with your property operate under a split oversight structure. Their technical enforcement decisions are shielded from municipal removal pressure, meaning inspectors are expected to apply the Hotel and Multiple Dwelling Law independently. Property owners and managers who believe an inspector has acted improperly in a licensing or competence matter would generally direct concerns to the state Department of Community Affairs, which holds authority over licensure, rather than expecting the municipality to override enforcement decisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-1A.6 is designed to protect the independence of housing code inspectors from local political pressure when they carry out enforcement of the Hotel and Multiple Dwelling Law. This means that when a tenant requests an inspection or a violation is cited, the inspector's findings are meant to reflect technical and legal standards rather than municipal influence. Tenants who believe an inspector has been grossly negligent or has failed to perform duties adequately may raise concerns with the New Jersey Department of Community Affairs, which holds the authority to review and act on an inspector's license under this provision; tenant-rights organizations can help identify the appropriate complaint pathway.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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