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BOUIE v. DEPT. OF COMMUNITY

DOCKET NO. A-0842-07T3.

972 A.2d 401 (2009)

407 N.J. Super. 518

Stalena BOUIE, Appellant, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, Susan Bass Levin, in her capacity as Commissioner of the Department of Community Affairs, and Deborah Heinz, in her capacity as Chief of the Bureau of Housing Services of the Department of Community Affairs, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2009.

Attorney(s) appearing for the Case

Jose Ortiz argued the cause for appellant (Essex-Newark Legal Services, attorney; Mr. Ortiz, SongYi Son, Richard Spitaleri, and Natalie J. Kraner, on the briefs).

Debra A. Allen, Deputy Attorney General, argued the cause for respondents (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Allen, on the brief).

Before Judges SKILLMAN, GRALL and ESPINOSA.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether the hearing that the Department of Community Affairs (DCA) must afford a recipient of federal Section 8 rental assistance benefits before terminating those benefits is a "contested case" within the intent of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -25, which must be heard by an Administrative Law Judge (ALJ). We hold...

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