N.J. Admin. Code § 5:27-1.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:27-1.6 - Licenses

(a) No person shall own or operate a rooming or boarding house without a license from the Bureau allowing such person to own or operate a rooming or boarding house providing the services therein provided and housing the number of residents therein housed.

(b) There shall be six classes of licenses, which shall be as follows:

1. Class A license: Valid for rooming houses only;

2. Class B license: Valid only for rooming houses and for boarding houses offering no financial services and no personal services other than meals and other food services and laundry;

3. Class C license: Valid for all rooming and boarding houses;

4. Class D license: Valid only for facilities operated under contract with an agency of the State of New Jersey; and

5. Class E license: Valid only for alcohol and drug rehabilitation facilities owned and operated by non-profit religious organizations.

6. Class F license: Valid only for cooperative sober living residences, as defined in this chapter. Cooperative sober living residences shall be subject to this chapter only as specifically noted below. Cooperative sober living residences shall be required to comply with all applicable statutory requirements.

(c) The annual fees for licenses shall be as follows:

1. Class A and Class F licenses: $ 356.00 plus the amount determined in accordance with (c)6 below;

2. Class B license: $ 400.00 plus the amount determined in accordance with (c)6 below;

3. Class C or D license: $ 444.00 plus the amount determined in accordance with (c)6 below;

4. Class E license: $ 333.00;

5. Any license, other than Class E, issued to a corporation, partnership, or association: $ 666.00;

6. Except as otherwise provided in (c)7 below, the fee for any license, other than a Class E license, shall also include the following additional fee if the facility (or facilities) is (or are) occupied by, or intended to be occupied by, six or more residents:

i. Six - 10 residents $ 56.00;

ii. Eleven - 15 residents $ 111.00;

iii. Sixteen - 30 residents $ 156.00;

iv. Thirty-one or more residents $ 222.00; and

7. The total fee for any license shall in no case exceed $ 666.00.

(d) The licensee shall specify whether the licensee is licensed as an operator or as an owner and shall identify the property or properties, including occupied accessory buildings, operated or owned by the licensee. A separate endorsement shall be required for each building occupied by residents which is not an accessory building.

(e) Except as otherwise provided in the Rehabilitated Convicted Offenders Act (2A:168A-1 et seq.), no license shall be issued to any person who has at any time been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, crimes against the person or other like offense or offenses, or to any partnership of which such person is a member, or to any association or corporation of which said person is an officer, director or employee or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.

(f) No license shall be issued to any person if the Bureau determines that the issuance of a license to such person would be contrary to the best interests of the residents of any rooming or boarding house or of the public generally.

(g) No owner shall employ any person not licensed as an operator to operate any rooming or boarding house. A separate operator shall be required for every building occupied by residents other than an accessory building.

(h) No license shall be issued to any person who has previously been denied a license by either the Department of Health or the Department of Human Services for reason of personal unfitness or who has had a license revoked by either the Department of Health or the Department of Human Services.

(i) No license shall be issued to, or shall continue to be held by, any person, who, in a final adjudication by a court of record or by the Division on Civil Rights, has been found to have discriminated against any resident or prospective resident on the basis of race, color, creed, national origin or ancestry.

(j) A Class D license shall specify the type of facility for which it is issued. Except as otherwise provided in this chapter, any service which may be provided under a Class C license may be provided under a Class D license and any facility operated under a Class D license shall conform to all standards that would be applicable to the facility were it operated under a Class C license.

(k) On or after July 1, 1987, no license to own or operate a boarding house shall be issued to, or shall be continued to be held by, any person who has not completed a training course approved by the Department of Community Affairs. This subsection shall not apply to persons holding or applying for only Class A (rooming house) licenses or Class F (cooperative sober living residence) licenses and shall only be effective so long as there exists a training program funded by the Department of Human Services.

(l) No license to operate a rooming or boarding house shall be issued by the Bureau prior to receipt from the local enforcing agency responsible for enforcement of the Uniform Fire Code in the municipality in which the rooming or boarding house to be operated by the applicant is located of certification that the building does not have any outstanding violations of the Uniform Fire Code N.J.A.C. 5:70.

(m) No person shall own or operate a rooming or boarding house that offers or advertises or holds itself out as offering personal care services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, hold out a building as available for rooming or boarding house occupancy for such residents, or apply for any necessary construction or planning approvals related to the establishment of a rooming or boarding house for such residents without first having a Class C or Class D license with an endorsement from the Bureau allowing such services to be offered and provided at the facility.

N.J. Admin. Code § 5:27-1.6

Amended by 46 N.J.R. 2033(a), effective 10/6/2014.

Amended by 50 N.J.R. 310(a), effective 1/16/2018