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3 N.J.A.R. 291

43-45 Forrest Street, North Arlington v. Housing Inspection, Department of Community Affairs Bureau of
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Citation: 3 N.J.A.R. 291
Decision Date: 1981
Synopsis: The owner of the premises at 43-45 Forrest Street appealed from a determination of the Bureau of Housing Inspection that the premises is a multiple dwelling subject to regulation under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. The administrative law judge found that the premises consists of a two-story structure containing four separate and independent apart- ments: two apartments on one side of a party wall and two on the other. Each side of the building has separate entrance doors and each side has its own furnace and chimney. The entire structure is owned by one person who acquired title to the premises in a single convey- ance, and a single tax bill is received for the entire premises. After a review of the statute's legislative history, the administrative law judge concluded that although in its structural aspects the prem- ises might be excluded from coverage, its single ownership and single tax bill placed it under the statute's coverage as a multiple dwelling. The judge noted that the petitioner's failure to produce requested evidence regarding the deed description, tax lots, and capability of separate transfer without need for subdivision supported an inference that such information would not be favorable to petitioner's position. Accordingly, the administrative law judge ordered that the peti- tioner register the subject property with the Bureau and comply with all other aspects of the Hotel and Multiple Dwelling Law. Ronald A. Hook, Pro Se, Petitioner Peter Manilen, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)