ASSEMBLY, No. 1321

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen ROMANO and GARCIA

An Act concerning licensure by municipal authorities of premises for the location of rooming and boarding houses and amending P.L.1993, c.290.

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

    1. Section 2 of P.L.1993, c.290 (C.40:52-10) is amended to read as follows:

    2. The governing body of a municipality may, by ordinance, elect to license rooming and boarding houses located in the municipality in accordance with the provisions of this act. The governing body of a municipality that elects to license rooming and boarding houses may adopt, by ordinance, such regulations as it deems appropriate and necessary to enforce the provisions of P.L.1993, c.290; except those regulations shall not be inconsistent with the rules and regulations promulgated by the commissioner pursuant to P.L.1979, c.496 (C.55:13B-1 et seq.) to which rooming and boarding houses shall remain subject. If the governing body elects to license such facilities, the governing body shall so notify the Commissioner of Community Affairs or his designee.

(cf: P.L.1993, c.290, s.2)

    2. Section 5 of P.L.1993, c.290 (C.40:52-13) is amended to read as follows:

    5. It shall be the duty of the licensing authority to receive applications made pursuant to section 4 of this act and to conduct such investigations as may be necessary to establish:

    a. With respect to the premises for which a license is sought (1) that they are in compliance with all applicable building, housing, health and safety codes and regulations, including any regulations adopted in accordance with section 2 of P.L.1993, c.290 (C.40:52-10); (2) that the location of the premises will not, in conjunction with the proximity of other rooming and boarding houses, lead to an excessive concentration of such facilities in the municipality or a particular section thereof;

    b. With respect to the owner or owners of the premises: (1) if a natural person or persons, that he or they are 21 years of age or older, [citizens of the United States and residents of the State of New Jersey,]and never convicted, in this State or elsewhere, of a crime involving moral turpitude, or of any crime under any law of this State licensing or regulating a rooming or boarding house, and have never had a license required pursuant to P.L.1979, c.496 (C.55:13B-1 et seq.) revoked; (2) if a corporation, that all officers and members of the board of directors, and every stockholder holding 10% or more of the stock of the corporation, directly or indirectly having a beneficial interest therein, have the same qualifications as set forth in this subsection for an applicant who is a natural person;

    c. With respect to the operator or proposed operator, that he meets the requirements for licensure by the Department of Community Affairs; and

    d. That the owner and operator, either individually or jointly, have established sufficient guarantee of financial and other responsibility to assure appropriate relocation of the residents of the rooming or boarding house to suitable facilities in the event that the license is subsequently revoked or its renewal denied. The Department of Community Affairs shall determine, in the case of each type of rooming and boarding house under its jurisdiction, what constitutes suitable facilities for this purpose.

    e. That an inspection performed by a municipal enforcement agent under a contractual agreement with the Department of Community Affairs pursuant to P.L.1979, c.496 (C.55:13B-1 et seq.) is deemed to satisfy the investigation requirements of this section.

(cf: P.L.1993, c.290, s.5)

    3. Section 8 of P.L.1993, c.290 (C.40:52-16) is amended to read as follows:

    8. a. A licensing authority may revoke or refuse to renew a license granted under this act for any of the following reasons:

    (1) A finding that there was any misstatement of material fact in the application upon which the license was issued.

    (2) The occurrence of any fact which, had it occurred and been known to the licensing authority before issuance of the license, would have resulted in the denial of the application.

    (3) Repeated violations, or prolonged failure to correct any violation, of any applicable building, housing, health or safety code or regulations, including municipal regulations adopted in accordance with section 2 of P.L.1993, c.290 (C.40:52-10).

    (4) Refusal to allow access to any portion of the licensed premises at all reasonable times, with or without advance notice, in order that officers or agents of the licensing authority, or any official charged with enforcement within the municipality of any building, housing, health or safety code or regulations applicable to the premises may determine compliance with such codes or regulations.

    (5) Revocation by the Department of Community Affairs of the operator's license or other authorization to operate a rooming or boarding house on the premises.

    (6) Notification by the Department of Community Affairs that the premises are not, or are no longer suitable for operation of a rooming or boarding house on the premises.

    (7) Failure or refusal to comply with any lawful regulation or order of the licensing authority.

    (8) A determination by the municipal licensing agency that the issuance or renewal of a license to such a person would be contrary to the best interests of the residents of any rooming or boarding house or of the public generally.

    b. A license shall not be revoked until five days' prior notice of the grounds therefor has been served upon the licensee, either personally or by certified mail addressed to the licensee at the licensed premises, and a reasonable opportunity given to the licensee to be heard thereon.

(cf: P.L.1993, c.290, s.8)

    4. This act shall take effect immediately.

STATEMENT

    This bill amends P.L.1993, c.290 which permitted municipalities to license rooming and boarding houses. The bill clarifies that rooming and boarding houses licensed by a municipality, through regulations adopted by ordinance, are still required to be licensed by and comply with the regulations pertaining to rooming and boarding houses promulgated by the Department of Community Affairs, pursuant to the "Rooming and Boarding House Act of 1979," P.L.1979, c.496. Municipal regulations must not be inconsistent with the State's regulations.

    The bill grants power to a municipality to refuse to issue or renew a license if the municipal licensing agency makes a determination that the issuance or renewal of a license to a particular person would be contrary to the best interests of the residents of any rooming or boarding house or of the public generally.

    The bill also removes the requirement that owners of rooming or boarding houses be United States citizens and residents of New Jersey. These requirements do not exist for owners of rooming and boarding homes licensed by the Department of Community Affairs, and may unreasonably, and perhaps unconstitutionally, restrict the rights of some individuals to own property or operate a business.

    Finally, the bill directs that if a code enforcing agent of a municipality has been contracted by the Department of Community Affairs to perform an inspection pursuant to the "Rooming and Boarding House Act of 1979," P.L.1979, c.496, then that inspection may suffice for the investigation required to be performed by a municipal licensing agent.

Amends and clarifies law permitting municipal licensing of premises for rooming and boarding houses.