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  • NJ A4163
  • Clarifies DCA rulemaking authority over free-standing residential health care facilities, and prohibits eviction of residents from such facilities, except for good cause.
Introduced
(9/19/2016)
In Committee
(6/1/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would prohibit the eviction of a resident of a free-standing residential health care facility, except for good cause. The bill would provide that, unless otherwise directed or authorized by the Department of Community Affairs (DCA), the owner, operator, or administrator of a free-standing residential health care facility may not evict any resident of such facility, except in accordance with the procedural requirements of P.L.1974, c.49 (C.2A:18-61.1 et seq.) - which is the general law pertaining to the eviction of tenants - and except for good cause, as defined by section 2 of P.L.1974, c.49 (C.2A:18-61.1). The bill would authorize the owner, operator, or administrator of a free-standing residential health care facility to notify the DCA whenever the person believes that a DCA directive or authorization, allowing eviction without compliance with the bill's provisions, is necessary to facilitate the appropriate placement of a resident, and to protect the right of all residents to a safe, healthful, and decent living environment. The bill would additionally require the owner, operator, or administrator of a free-standing residential health care facility to provide prompt written notice to the county welfare agency and to the New Jersey Office of the Ombudsman for the Institutionalized Elderly of any proposed eviction of a resident. The written notice is to be provided at the time that a complaint for eviction is filed with the appropriate court, unless the licensee is seeking a directive from the DCA for the appropriate placement of a resident, as authorized by the bill, in which case, the written notice is to be provided contemporaneously with the initial communication to the DCA. The DCA would be required to adopt rules and regulations to implement the bill's provisions. The bill also amends the existing law pertaining to residential health care facilities, in order to clarify that these facilities are now subject to regulation by two different executive departments, as provided by Reorganization Plan No. 002-2005 (adopted under Governor Corzine). In particular, the Department of Health (DOH) is now responsible for regulating only those residential health care facilities that are located with, and operated by, another DOH licensed health care facility, while the DCA is responsible for regulating free-standing residential health care facilities which are not located with, or operated by, a DOH licensed health care facility. In 2007, the Community Health Law Project filed a petition for rulemaking with the DCA, seeking to have residents of free-standing residential health care facilities provided with the same rights regarding eviction as people in boarding homes, which are also regulated by the DCA. However, because the DCA's authority, in this regard, comes from a reorganization plan, and the existing law at N.J.S.A.30:11A-1 et seq. indicates only that the DOH has express regulatory authority over residential health care facilities, the DCA concluded that it lacked the proper statutory authority to impose regulatory anti-eviction protections in relation to free-standing residential health care facilities. This bill, therefore, is intended to clarify both that the DCA has statutory authority to adopt regulations in relation to free-standing residential health care facilities, and that residents of such facilities are entitled to the same anti-eviction rights and protections as those that are currently applicable to residents of boarding homes and tenants of other housing.
2nd Reading in the Assembly, Health and Senior Services, Substituted by another Bill
Substituted by S2563 (2R)  (on 7/31/2017)
 
 

Date Chamber Action Description
7/31/2017 A Substituted by S2563 (2R)
7/31/2017 A Assembly Floor Amendment Passed (Vainieri Huttle)
6/22/2017 A Assembly Floor Amendment Passed (Vainieri Huttle)
6/1/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
6/1/2017 Assembly Health and Senior Services Hearing (19:00 6/1/2017 )
9/19/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 6/1/2017 Assembly Health and Senior Services Committee: Reported with Amendments 12 0 1