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New Jersey Gov & Administrative Law Questions & Answers
3 Answers | Asked in Personal Injury, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Car towed with child inside; legal rights?

While parked briefly in a 'do not park' lane with signs posted, my car was towed with my 7-year-old daughter asleep in the back seat. The police and tow company were notified, and I located the tow truck quickly. Fortunately, my daughter was unharmed. Do I have any legal rights in this situation?

Anders Wenstrand-Nausthaug
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answered on Oct 13, 2025

First, I want to say that I am very sorry this happened to your daughter. As a parent myself, I can understand how distressing and unacceptable it must have been to learn that your child was towed away inside a vehicle. What occurred raises serious safety and legal concerns under New Jersey law.... View More

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2 Answers | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for New Jersey on
Q: Joint custody issue: Niece taken to Florida, not returned to NJ. What are my legal steps?

I have joint legal custody of my niece along with her biological parents, and I have physical custody of her as well. I allowed her father to take her to Florida in August, with the understanding she would return to New Jersey before school started in September. However, he has not returned her,... View More

Richard Diamond
Richard Diamond
answered on Oct 2, 2025

You need an experienced family law attorney to represent you since there are specific statutes in place to address this setting and potentially, this involves a "kidnapping issue. Getting an order out of the NJ court system is merely step 1 in the process. Presuming you apply correctly and the... View More

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2 Answers | Asked in Appeals / Appellate Law and Gov & Administrative Law for New Jersey on
Q: How to appeal $2000 NVN penalty for first-time NJ construction permit violation?

I recently installed a mini split system in Montague Township, NJ, which requires both a mechanical and electrical permit. After starting the work without filing for the necessary permits, I was informed verbally by a township representative that I have violated two sub-codes, originally resulting... View More

Rasha B. Foda
Rasha B. Foda
answered on Sep 30, 2025

Do not delay as usually there is a small window of opportunity to appeal from an order. Read the order, and follow instructions for appeal carefully.

If you do not have a written order, call the township and secure that first. Do not pay without a written order.

Keep in mind that... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Gov & Administrative Law for New Jersey on
Q: Can a landlord in NJ be fined for renting without Certificate of Occupancy?

I need to know if a landlord in Saddle Brook, New Jersey, can be issued fines and penalties for renting out a room without obtaining a Certificate of Occupancy. The room has been rented since November 2019 without a Certificate of Occupancy or a fire extinguisher, and no inspections have been... View More

Zachary Whelan
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Zachary Whelan
answered on Sep 17, 2025

Yes, a landlord can be issued fines and penalties for renting out property without a certificate of occupancy. Under New Jersey law, it is illegal to rent property without a valid certificate of occupancy. A landlord can be fined up to $2,000 per violation and potentially face a condemnation action... View More

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1 Answer | Asked in Adoption, Gov & Administrative Law and Family Law for New Jersey on
Q: Do I have to give DCPP birth parents' info for an unsubstantiated neglect case?

I am an adoptive parent, and a neglect case with DCPP was opened but was unsubstantiated. DCPP informed me verbally that they will be closing the case. Despite not having any signed agreements to share information, DCPP insists that they need the birth parents' information. One of the birth... View More

Richard Diamond
Richard Diamond
answered on Aug 5, 2025

Had you told me that the outcome of the DCPP investigation was "unfounded" versus "not established", I might have felt differently about how to handle things.

There are 4 potential outcomes to a DCPP matter, with the highest being substantiated and the lowest being... View More

3 Answers | Asked in Domestic Violence and Gov & Administrative Law for New Jersey on
Q: Impact of victim's input in a NJ parole hearing for domestic violence case.

I attended a parole hearing over the phone as the victim in a domestic violence case in New Jersey. I was instructed to prepare a statement, but I was not given the opportunity to read it; instead, I was asked specific questions during the 45-minute hearing. The parole officer's tone felt... View More

Richard Diamond
Richard Diamond
answered on Jun 28, 2025

Im sorry for what occurred and how you were made to feel, but you are better off asking a criminal law attorney who has been involved in parole proceedings his / her view on the impact of your response to questions presented. As a divorce and family law attorney, I handle domestic violence matters... View More

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2 Answers | Asked in Estate Planning, Contracts, Banking, Civil Litigation, Gov & Administrative Law and Intellectual Property for New Jersey on
Q: Seeking closure of legal holdings & funds with Power of Attorney dispute in NJ.

I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More

Anthony M. Avery
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answered on May 21, 2025

You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Family Law for New Jersey on
Q: Can I sue for breach of confidentiality for a child abuse report in NJ?

I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More

Richard Diamond
Richard Diamond
answered on Mar 4, 2025

As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... View More

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1 Answer | Asked in Criminal Law, Juvenile Law and Gov & Administrative Law for New Jersey on
Q: Do I disclose past juvenile mental health commitment on NJ firearm application?

I am a police officer in New Jersey looking to apply for an initial handgun firearms permit. Over 10 years ago, as a juvenile, I was committed to a mental health medical center by my parents. Do I need to disclose this commitment on my firearm application?

Louis A Casadia
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answered on Feb 19, 2025

Yes and you are actually statutorily barred from having a Firearm ID Card unless you get that civil commitment expunged. Frankly, I am amazed this has not interfered with your career. Did this come up at all during your background check? You should seek legal counsel right away.

N.J.S.A.... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law... View More

1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Can you buy airsoft guns in New Jersey? I have found some places that say you can’t, and they are classified as guns.

I am talking about airsoft guns that shoot plastic BBs not metal BBs. Amazon refuses to ship airsoft guns to NJ and some places say they are classified as firearms. I can’t get a straight answer anywhere.

James L. Arrasmith
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answered on Mar 19, 2024

In New Jersey, the laws surrounding airsoft guns are quite strict due to their classification under firearms regulations. Here's what you need to know:

Firstly, while airsoft guns are not banned, there are specific rules for their purchase and use. You must be at least 18 years old to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for New Jersey on
Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for New Jersey on
Q: The IRS sent me a letter stating I didn't report income from a 1099c. Upon my investigation on the matter I found out

The 1099c was sent to an old Address from 13 years ago and in my maiden name. How can I be penalized for information I never recieved?

James L. Arrasmith
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answered on Feb 28, 2024

When you receive a letter from the IRS stating that you didn't report income from a 1099-C, it's important to address the issue promptly, even if the information was sent to an outdated address and in a name you no longer use. The IRS assesses taxes based on income information reported to... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Jersey on
Q: As a private citizen am I allowed to request recording of phone calls I had with law enforcement personnel in New Jersey

I am just looking to obtain the phone call recordings between myself and 4 other individuals that occurred between Nov 29th of 2023 to Dec 4th of 2023 on a specific date and time..I can attach the screenshot of the dates and times

James L. Arrasmith
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answered on Jan 21, 2024

In New Jersey, as a private citizen, you do have the right to request recordings of your phone calls with law enforcement personnel. This request can typically be made under the state's Open Public Records Act (OPRA). OPRA allows for the public to access government records, which can include... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Hi is making and owning a Low-voltage railgun legal in new jersey? Also, I'm a minor, so I can't legally own a firearm.
James L. Arrasmith
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answered on Dec 15, 2023

In New Jersey, the legality of making and owning a low-voltage railgun, particularly as a minor, is a complex issue. While railguns are not traditional firearms, they could potentially be classified under weapons laws depending on their capabilities and the intent for use.

New Jersey has... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for New Jersey on
Q: Do I need to expunge my mental health record to apply for an FID in NJ after hospitalization in PA?

I voluntarily admitted myself for mental health treatment in a Pennsylvania hospital back in 2009. Since then, I have not had any mental health issues, nor have I sought any professional care. I would like to apply for a Firearm Identification (FID) card in New Jersey. Do I need to have my mental... View More

James L. Arrasmith
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answered on Nov 5, 2025

You do not face a federal firearms prohibition for a past voluntary psychiatric hospitalization; federal law bars only those adjudicated as mentally defective or involuntarily committed. A voluntary admission is expressly excluded from the federal definition of being “committed to a mental... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for New Jersey on
Q: Can I engage an attorney for employer's unpaid TB test bills and privacy breach?

I am a former employee in the EMS sector in New Jersey, covered under a union contract stipulating that my employer pays for medical tests like TB skin tests. In March 2025, a vendor conducted these tests at my workplace, which was previously handled by occupational health. I’ve received three... View More

James L. Arrasmith
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answered on Nov 5, 2025

You have every right to feel frustrated about being billed for something your union contract says should be covered. Before taking legal action, it’s wise to gather your documentation — including your union contract, the bills you’ve received, and any correspondence with your union or... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is a condo association in NJ legally required to hold an annual meeting if bylaws mandate it?

I'm part of a condo association in New Jersey, and our bylaws require an annual meeting of owners. However, it seems this meeting may not be held. I've already informed the association about this requirement, but I'm unsure if there is a legal allowance for them to skip it despite... View More

James L. Arrasmith
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answered on Nov 5, 2025

If your condo association’s bylaws clearly state that an annual meeting must be held, then the board is legally obligated to follow that rule. In New Jersey, condo associations operate under both state law and their governing documents, and failure to comply with those bylaws can amount to a... View More

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