ASSEMBLY, No. 2217
STATE OF NEW JERSEY
INTRODUCED JUNE 27, 1996
By Assemblyman AZZOLINA, Assemblywoman J. SMITH, Assemblymen Corodemus, LeFevre and Blee
An Act concerning the licensing of rooming and boarding homes and amending P.L.1993, c.290.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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; (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 al.) 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[.] ; and
e. At the discretion of the licensing municipality and pursuant to an ordinance, that the owner has paid all municipal property taxes assessed on the rooming and boarding house, provided that the owner has received written notice of the assessment which has remained unpaid for more than 120 days.
(cf: P.L.1993, c.290, s.5)
2. This act shall take effect immediately.
This bill would permit those municipalities which have opted to license rooming and boarding houses, to deny licenses or refuse to renew licenses of those rooming and boarding houses for which property taxes have not been paid. Under current law, the reasons a municipaltiy may deny a license are limited to those pertaining to density issues or for fitness of the premises for a rooming and boarding house. In some instances, municipalities have been unable to deny licenses to owners of rooming and boarding homes who fail to pay significant amounts of property taxes assessed against the facilities. Thus, this bill will provide an enforcement tool for licensing municipalities to better regulate those rooming and boarding houses under their control.
Permits municipalities to deny licenses to rooming and boarding houses for unpaid property taxes.