ASSEMBLY, No. 1585

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 22, 1996

 

 

By Assemblyman WISNIEWSKI

 

 

An Act concerning community residences for the elderly and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

 

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

 

    1. a. Community residences for the elderly shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts; provided, however, that, in the case of a community residence for the elderly housing more than six persons, excluding resident staff, a zoning ordinance may require for the use or conversion to use of a dwelling unit to such a community residence, a conditional use permit in accordance with section 54 of P.L.1975, c.291 (C.40:55D-67). Any requirements imposed for the issuance of a conditional use permit shall be reasonably related to the health, safety and welfare of the residents of the district.

    b. As used in this act, "elderly" means 62 years of age or older and "community residence for the elderly" means any community residential facility providing food, shelter and assistance to not more than 15 elderly persons. Such a residence shall not be considered a health care facility as that term is defined in the "Health Care Facilities Planning Act," P.L.1971, c.136; (C.26:2H-1 et seq.).

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would provide that community residences for the elderly, housing not more than 15 persons excluding resident staff shall be a permitted use in all residential districts of a municipality and that the associated requirements shall be the same as for single family dwellings. A municipality may, however, require that any such residence housing more than six persons, excluding resident staff, obtain a conditional use permit from the planning board. The planning board’s standards and specifications for issuing a conditional use permit shall be reasonably related to the health, safety and welfare of the residents of the district. The bill defines "elderly" as 62 years of age or older.

    Under current law, community residences for the developmentally disabled, community shelters for victims of domestic violence, and community residences for persons with head injuries receive this sort of treatment under the “Municipal Land Use Law;” however, the denial of additional permits is provided for if the community residence population exceeds certain threshold criteria. The legality of these criteria was called into question in Association for Advancement of the Mentally Handicapped, Inc. v. City of Elizabeth in which an Elizabeth ordinance establishing a density limit on community residences was struck down by the federal district court in Newark as being invalid under the Federal Fair Housing Amendments Act of 1988 (FHAA).

    By creating a permitted use status for community residences for the elderly, this bill attempts to help facilitate their establishment in residential communities.

 

 

                             

 

Authorizes community residences for the elderly as permitted use in residential districts.