Cal. Civ. Code § 5:17-5.3
Variations
Operative Text
(a) Any variation from the requirements of this chapter shall be requested in writing only from the Department and shall be accompanied by a nonrefundable fee of $ 120.00 paid by check or money order, payable to the "Treasurer, State of New Jersey." (b) The request for variation shall include: 1. A statement of the requirements of the chapter from which a variation is sought; 2. A statement of the manner by which strict compliance with these provisions would result in practical difficulties; and 3. A statement of the alternative proposed which adequately protects the health, safety and welfare of the occupants or intended occupants and the public generally and which adequately prevents contamination of the environment. (c) The Department shall grant or deny variations in writing within 20 working days of a complete request for variation. When a variation is approved, the owner shall provide a copy of the approval to the local enforcing agency having jurisdiction under the UCC.
N.J.A.C. § 5:17-5.3 establishes a formal process by which a property owner may seek an official departure from the standard requirements set out in N.J.A.C. § 5:17. A written request, accompanied by a non-refundable $120 fee payable to the State of New Jersey, must explain what requirement is at issue, why strict compliance creates practical difficulties, and what alternative measure would still protect occupant health, safety, welfare, and the environment. The Department is required to respond in writing—either granting or denying the request—within 20 working days of receiving a complete submission, and any approved variation must be shared with the relevant local enforcing agency under the Uniform Construction Code.
Plain English — not legal advice.
Under N.J.A.C. § 5:17-5.3, operators who cannot meet a specific chapter requirement in the ordinary way have a defined path to seek a formal variation from the Department. A compliant approach involves submitting a written request with the $120 non-refundable fee (by check or money order to the Treasurer, State of New Jersey), clearly identifying the requirement at issue, documenting the practical difficulty posed by strict compliance, and proposing an alternative that still safeguards occupant health, safety, and the environment. If the Department approves the variation, property owners are expected to promptly deliver a copy of that written approval to the local enforcing agency with UCC jurisdiction over the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-5.3 gives tenants context for situations where a landlord or property owner is operating under conditions that differ from the standard chapter requirements—this is only permissible when the Department has formally approved a written variation request. If you believe a property is not meeting the chapter's requirements and no approved variation is in place, that may be relevant information when raising a concern with the local enforcing agency that holds UCC jurisdiction. Tenant-rights organizations and legal aid services can help you understand how an approved or unapproved variation under § 5:17-5.3 might affect your housing situation.
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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