ADMINISTRATIVE LAW | RESIDENTIAL AND COMMERCIAL REAL ESTATE
01-2-5751 State Of New Jersey, Department Of Community Affairs v. Espejo, App. Div. (per curiam) (4 pp.) Susana Espejo appeals from a final determination of the Department of Community Affairs, Division of Codes and Standards, denying as untimely her administrative hearing request. Espejo and Juan Diaz are the owners of a multiple dwelling. Beginning in November 2009, the Department’s Bureau of Housing Inspection sent Espejo a series of inspection reports, violation notices, and penalty notices concerning the property. On July 14, 2011, the Bureau issued a notice of a $1,457 penalty. A February 1, 2012 letter from the Bureau acknowledged that Espejo had paid $1,074 toward the penalty, notified Espejo that the property would be re-inspected and advised her that if the violations were not abated by that time, additional penalties would be assessed. On March 29, 2012, the Bureau issued a Commissioner’s Notice of Continuing Unabated Violations and Orders to Abate Violations and to Pay Penalty. The Notice assessed a $6,000 penalty. Espejo contended on appeal that the notice of her right to a hearing was in small print, she did not understand the notice and she did not initially have the funds to retain an attorney. She also argued that it is unfair to deny her a hearing solely because her hearing request was a few days late. The appellate panel affirmed the final determination. The fifteen-day time limit is jurisdictional. The panel found no merit in Espejo’s argument that the notice of her right to a hearing was insufficient.
