N.J. Stat. Ann. § 55:13A-1 et seq. § 55:13A-6

Powers of commissioner

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyInspections, Registration & Licensing

Operative Text

N.J. Stat. Ann. § 55:13A-1 et seq. § 55:13A-6
6. The commissioner is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of P.L.1967, c.76 (C.55:13A-1 et seq.), including but not limited to, the power:

(a) To provide owners or groups of owners with such advisory consultation and educational services as will assist said owners or groups of owners to discharge their responsibilities under P.L.1967, c.76 (C.55:13A-1 et seq.), and to suggest to said owners or groups of owners methods and procedures by which they may develop and implement health and safety programs;

(b) To enter and inspect, without prior notice, any hotel or multiple dwelling as provided by P.L.1967, c.76 (C.55:13A-1 et seq.), and to make such investigation as is reasonably necessary to carry out the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.);

(c) To administer and enforce the provisions of existing law, and any amendments and supplements thereto, and any rules or regulations promulgated thereunder, concerning the regulation of multiple dwellings, also commonly known as tenements, and hotels;

(d) To issue subpenas to any person subject to P.L.1967, c.76 (C.55:13A-1 et seq.) which shall compel attendance at any hearing as a witness and shall compel production of such reports, documents, books or papers, in any part of the State before the commissioner or a member of the department designated by the commissioner, as the commissioner may deem necessary to implement the purposes of P.L.1967, c.76 (C.55:13A-1 et seq.). In any case where a person neglects or refuses to obey the command of such subpena, the commissioner may apply ex parte to the Superior Court for an order compelling a person to testify or to produce files, books, papers, documents or other objects in accordance with the subpena issued by the commissioner and, in addition, said person shall be subject to a penalty of $100,000.00 for each instance in which the person does not comply with the subpena issued by the commissioner, said penalty to be recovered pursuant to section 18 of P.L.1967, c.76 (C.55:13A-18);

(e) To issue and promulgate such rules and regulations as the commissioner may deem necessary to implement the purposes of P.L.1967, c.76 (C.55:13A-1 et seq.), which rules and regulations shall have the force and effect of law until revised, repealed or amended from time to time by the commissioner in the exercise of the commissioner's discretion; provided, that any such rules and regulations shall be filed with the Office of Administrative Law;

(f) To enforce and administer the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.), enter complaints against any person violating the provisions thereof, and to prosecute or cause to be prosecuted violations of the provisions thereof in administrative hearings and civil actions in State or local courts;

(g) To assess penalties and to compromise and settle any claim for a penalty for any violation of the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances of said violation in any of the actions or proceedings mentioned in subsection (f) of this section;

(h) To institute an in rem action against the property upon which a violation exists in cases where the owner, after diligent effort, cannot be served;

(i) To institute a quasi in rem action against the owner by attachment of the property upon which a violation exists, followed by service by publication, in cases where the owner, after diligent effort, cannot be served;

(j) To hold and exercise all the rights and remedies available to a judgment creditor where a judgment lien arises as a result of a penalty action or an administrative proceeding taken pursuant to enforcement of P.L.1967, c.76 (C.55:13A-1 et seq.); and

(k) To adopt, amend and repeal rules concerning the qualifications and licensing of persons employed by local agencies and municipalities to enforce this amendatory and supplementary act and fees to cover the cost of any licensing program.

L.1967, c.76, s.6; amended 1970, c.138, s.3; 1987, c.30, s.1; 2013, c.253, s.55.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 55:13A-1 et seq. § 55:13A-6, New Jersey's Commissioner of Community Affairs holds broad authority over hotels and multiple dwellings, including the power to inspect properties without prior notice, issue subpoenas, promulgate binding regulations, and pursue enforcement through administrative hearings or civil court actions. Owners who fail to comply with a commissioner-issued subpoena may face a penalty of up to $100,000 per instance of non-compliance. The commissioner may also assess, compromise, or settle penalty claims based on the circumstances of each violation, and can pursue legal remedies—including in rem and quasi in rem actions—against properties where violations exist.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to N.J.S.A. 55:13A-1 et seq. § 55:13A-6 should be aware that the commissioner may conduct unannounced inspections of hotels and multiple dwellings at any time. Compliant operators generally cooperate with inspection requests, respond promptly to any subpoenas or document requests, and take advantage of the advisory and educational services the commissioner is authorized to offer. Failure to comply with a subpoena can result in a $100,000 penalty per instance, and unresolved violations may lead to in rem or quasi in rem legal actions against the property itself.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 55:13A-1 et seq. § 55:13A-6 establishes that tenants living in hotels or multiple dwellings in New Jersey benefit from a regulatory framework in which the commissioner has authority to inspect properties without notice and to prosecute violations through administrative hearings or civil court. Tenants who believe their building has health or safety violations may consider reporting concerns to the New Jersey Department of Community Affairs, which administers this law. Consulting a tenant-rights organization can help residents understand how the commissioner's enforcement powers under this provision may apply to conditions in their building.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES