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Hoffman Enterprises Inc. v. Bureau of Homeowner Protection

Decided: May 15, 1991.

HOFFMAN ENTERPRISES, INC., APPELLANT,
v.
BUREAU OF HOMEOWNER PROTECTION, NEW HOME WARRANTY PROGRAM, DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENT



On appeal from a final decision of the Commissioner of the Department of Community Affairs.

King, Long and Stern. The opinion of the court was delivered by Long, J.A.D.

Long

Appellant Hoffman Enterprises, Inc. here challenges the revocation of its certificate of registration under the New Home Warranty and Builders' Registration Act (the Act), N.J.S.A. 46:3B-1 to -12, by respondent Bureau of Homeowner Protection, New Home Warranty Program, Department of Community Affairs.

Hoffman was a registered builder under the Act which governs the administration of warranty programs applicable to all new residential construction in this State. The warranty program

provides coverage against defective materials, workmanship, and systems in new home construction. Pursuant to duly authorized regulations, the program prescribes a claims resolution process, N.J.A.C. 5:25-5.5, through which a homeowner may obtain repair of warrantable defects.

Pursuant to N.J.A.C. 5:25-2.5(a), a certificate of registration may be denied, suspended or revoked if the registrant:

1. Willfully made a misstatement of material fact in his application for registration or renewal;

2. Willfully committed fraud in the practice of his occupation;

3. Practiced his occupation in a grossly negligent manner;

4. Willfully violated the New Jersey State Uniform Construction Code to any substantial degree;

5. Failed to continue his participation in either the State Plan or a private plan;

6. Failed to enroll or warrant any new home with a private plan, which new home was sold during the time he was ...


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