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11 N.J.A.R. 233

Glaum, James and Karen v. Bureau of Construction Code Enforcement, New Home Warranty Program, Department of Community Affairs
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Citation: 11 N.J.A.R. 233
Decision Date: 1986
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: Petitioners, denied remedies under the New Home Warranty and Builders' Registration Act, requested a hearing. The matter was trans- mitted to the Office of Administrative Law. The administrative law judge assigned to the case concluded that .petitioners' house was not a 'new home' within the meaning of the New Home Warranty law, since the house had been rehabilitated from an existing house that was damaged by fire. N.J.S.A. 46:3B-1 et seq. is specifically designed to protect the integrity of the new home owner from the new home builder. It was not intended to cover remodeled or rehabilitated housing. In addition, the judge rejected petitioners' contention that the Bu- reau of Construction Code Enforcement was estopped from denying petitioners' participation in the New Home Warranty law. The fact that the agency issued a routine form certificate of participation to the registered builder did not constitute eligibility. Limited staffing requires the agency to rely on representations by the builder that he has, in fact, constructed a new home. The agency is not obligated to inspect every house for which it issues a certificate. Accordingly, the administrative law judge concluded that remedies under the New Home Warranty Act were properly denied. Upon review, this initial decision was adopted by the Commissioner of the Department of Community Affairs. The Appellate Division affirmed. Michael J. Rowland, Esq., for petitioners (Einhorn, Harris & Platt, attorneys) Susan Doppeit-LaPoff, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 5:25-1.1 et seq. 
Statute(s) Cited: 59:2-6 
Citation Tracker adopted-Dept. of Comm. Affairs; affirmed -221 N.J. Super 79 (App. Div. 1987) [Updated through 1991]