ASSEMBLY HOUSING COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2380

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Housing Committee reports favorably Assembly Bill No. 2380, with committee amendments.

      The bill, as amended, would eliminate the dual fees for licensing of rooming and boarding houses by the Commissioner of Community Affairs and municipalities, in those municipalities which have elected, pursuant to P.L.1993, c.290 (C.40:52-9 et seq.), to license such establishments.

      Under the bill's provisions, owners of rooming and boarding houses which are located in municipalities which have elected to license them shall only be required to obtain a municipal facility license and will not be required to pay a license fee to the Department of Community Affairs.

      The bill also clarifies the rights of a municipality to regulate by ordinance those rooming and boarding houses it licenses, as long as the ordinance does not conflict with the regulations of the Department of Community Affairs governing rooming and boarding houses. All rooming and boarding houses will remain subject to State regulations, however, regardless of the licensing entity.

      The bill also deletes a requirement in the municipal licensing statutes that rooming and boarding house owners be United States Citizens and New Jersey residents. State regulations on rooming and boarding homes have never contained such requirements, and their inclusion in the municipal licensing statutes raised issues of fairness and constitutionality.

      The committee amended the bill to better clarify the differences between the granting of a license by DCA to the owner or operator of a rooming or boarding house, and the licensing of a specific facility by a municipality. Under the bill, an owner or operator of a rooming or boarding house will still be required to follow DCA licensing procedures, but if the facility or facilites will be licensed by a municipality, then the licensing fee will only be payable to the municipality. In addition, the amendments specify that the commissioner will not be required to perform annual inspections of those facilities which are municipally licensed.