[First Reprint]

ASSEMBLY, No. 271

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen BATEMAN and KAVANAUGH

An Act concerning rooming and boarding houses and amending and supplementing P.L.1979, c.496.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1979, c.496 (C.55:13B-3) is amended to read as follows:

    3. As used in this act:

    a. "Boarding house" means any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in section 1 of P.L.1962, c.137 (C.30:4C-26.1), any community residence for the developmentally disabled and any community residence for the mentally ill as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, any facility or living arrangement operated by, or under contract with and under the direct supervision of, any State department or agency, upon the written authorization of the commissioner, and any owner-occupied, one-family residential dwelling made available for occupancy by not more than six guests, where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy. A dwelling shall be deemed "owner-occupied" within the meaning of this section if it is owned or operated by a nonprofit religious or charitable association or corporation and is used as the principal residence of a minister or employee of that corporation or association. For any such dwelling, however, fire detectors shall be required as determined by the Department of Community Affairs.

    b. "Commissioner" means the Commissioner of the Department of Community Affairs.

    c. "Financial services" means any assistance permitted or required by the commissioner to be furnished by an owner or operator to a resident in the management of personal financial matters, including, but not limited to, the cashing of checks, holding of personal funds for safekeeping in any manner or assistance in the purchase of goods or services with a resident's personal funds.

    d. "Limited tenure" means residence at a rooming or boarding house, or at a hotel, motel or established guest house, on a temporary basis, for a period lasting no more than 90 days, when a resident either maintains a primary residence at a location [other than the rooming or boarding house] elsewhere or intends to establish a primary residence at such a location and does so within 90 days after taking up original residence at the rooming or boarding house or hotel, motel or established guest house.

    e. "Operator" means any individual who is responsible for the daily operation of a rooming or boarding house.

    f. "Owner" means any person who owns, purports to own, or exercises control of any rooming or boarding house.

    g. "Personal services" means any services permitted or required to be furnished by an owner or operator to a resident, other than shelter, including, but not limited to, meals or other food services, and assistance in dressing, bathing or attending to other personal needs.

    h. "Rooming house" means a facility that meets the definition of a boarding house [wherein] , except that no personal or financial services are provided to the residents.

    i. "Single room occupancy" means an arrangement of dwelling space which does not provide each individual or family unit with a private, secure dwelling space arranged for independent living[,]which contains both the sanitary and cooking facilities required in dwelling spaces pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), and which is not used for limited tenure occupancy in a hotel, motel or established guest house, regardless of the number of individuals occupying any room or rooms.

    j. "Unit of dwelling space" means any room, rooms, suite, or portion thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons.

    k. "Congregate living arrangement" means a single family house or apartment that is under the control of an entity organized or established for the purpose of creating a therapeutic environment for residents, except for those facilities specifically excluded from the definition of a boarding house pursuant to subsection a. of this section.

(cf: P.L.1987, c.112, s.8)

    2. Section 7 of P.L.1979, c.496 (C.55:13B-7) is amended to read as follows:

    7. a. No person shall own or operate a rooming or boarding house, hold out a building as available for rooming or boarding house occupancy, or apply for any necessary construction or planning approvals related to the establishment of a rooming or boarding house without a valid license to own or operate such a facility, issued by the commissioner.

    Any person found to be in violation of this subsection shall be liable for a civil penalty of not more than $5,000.00 for each building so owned or operated.

    b. The commissioner shall establish separate categories of licensure for owning and for operating a rooming or boarding house, provided, however, that an owner who himself operates such a facility need not also possess an operator's license.

    If an owner seeking to be licensed is other than an individual, the application shall state the name of an individual who is a member, officer or stockholder in the corporation or association seeking to be licensed, and the same shall be designated the primary owner of the rooming or boarding house.

    Each application for licensure shall contain such information as the commissioner may prescribe and shall be accompanied by a fee established by the commissioner, which shall not be less than $75.00 nor more than $150.00. If, upon receipt of the fee and a review of the application, the commissioner determines that the applicant will operate, or provide for the operation of, a rooming or boarding house in accordance with the provisions of this act and other applicable laws, including, but not limited to, municipal zoning ordinances, he shall issue a license to him.

    Each license shall be valid for one year from the date of issuance, but may be renewed upon application by the owner or operator and upon payment of the same fee required for initial licensure.

    c. Only one license shall be required to own a rooming or boarding house, but an endorsement thereto shall be required for each separate building owned and operated or intended to be operated as a rooming or boarding house. Each application for licensure or renewal shall indicate every such building for which an endorsement is required. If, during the term of a license, an additional endorsement is required or an existing one is no longer required, an amended application for licensure shall be submitted.

    An endorsement for the ownership or operation of any building as a rooming or boarding house shall not be issued if the operation of that building as a rooming or boarding house would violate a municipal zoning ordinance or any other applicable law.

    d. A person making application for, or who has been issued, a license to own or operate a rooming or boarding house who conceals the fact that the person has been denied a license to own or operate a residential facility, or that the person's license to own or operate a residential facility has been revoked by a department or agency of state government in this or any other state is liable for a civil penalty of not more than $5,000.00, and any license to own or operate a rooming or boarding house which has been issued to that person shall be immediately revoked.

(cf: P.L.1988, c.113, s.1)

    3. Section 8 of P.L.1979, c.496 (C.55:13B-8) is amended to read as follows:

    8. Each operator of a rooming or boarding house shall reside in the facility, unless an alternate arrangement adequately protecting the health, safety and welfare of the residents has been approved by the commissioner, and shall be responsible for accepting service of any notices or orders issued by the commissioner pursuant to the provisions of this act. If an operator resigns, is dismissed or is otherwise unavailable to carry out his responsibilities, then the primary owner shall be deemed to be the operator of the facility until such time as the commissioner is notified of the appointment of a new operator, and shall have the same responsibilities and be subject to the same penalties otherwise prescribed for an operator under the provisions of this act.

(cf: P.L.1979, c.496, s.8)

    4. (New section) A hotel, motel, or established guesthouse operated by a nonprofit corporation or association which offers living or sleeping accomodations in conjunction with a general program of community facilities at the same location shall be exempt from compliance with provisions concerning eviction without due cause established by section 6 of P.L.1979, c.496 (C.55:13B-6).

    5. (New section) Within three months of the effective date of this act, the Commissioners of Human Services, Health, Corrections and Community Affairs shall each prepare a list of the community residential facilities that each department licenses or operates, or with which each respective department is under contract to provide services to clients of the department. Each commissioner shall compile the list by type of facility, broken down by the county in the which the facility is located.

    Each commissioner shall provide the list to the chairmen of the Senate and General Assembly standing reference committees with jurisdiction over human services.

    ¹6. (New section) The Commissioner of Community Affairs shall create a new class of boarding home license for transitional housing programs, and shall promulgate regulations regarding such a license and to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).¹

    ¹[6.] 7.¹ This act shall take effect immediately.

Amends "Rooming and Boarding House Act of 1979"; adds definition of congregate living arrangement.