Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Authorizes religious organizations to act as emergency homeless shelters in certain circumstances regardless of zoning requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning emergency homeless shelters and supplementing P.L.1985, c.48 (C.55:13C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A religious organization may, notwithstanding any zoning ordinance or other use regulations to the contrary, use its facilities as an emergency shelter for the homeless provided that:
(1) The temperature is lower than 40 degrees F in the municipality in which the facilities of the religious organization to be used as a shelter are located;
(2) The facilities of the religious organization to be used as a shelter satisfy all applicable State and local health and safety laws and regulations other than zoning or other use regulations; and
(3) There is either no other shelter in the municipality or all other shelters in the municipality are at capacity.
b. A religious organization, and the clergy, employees, and volunteers thereof, shall be immune from suit and liability for any claim for damage to or loss of property, personal injury, or other civil liability caused by any action or inaction that occurred during the course, or as a result of, persons taking shelter at the facilities of the religious organization whenever those facilities are serving as an emergency shelter for the homeless pursuant to subsection a. of this section; provided, however, that this subsection shall not be construed to provide protection from suit and liability for damage to or loss of property, personal injury, or other civil liability caused by the intentional or willful and wanton misconduct of those clergy, employees, or volunteers.
2. This act shall take effect immediately.
STATEMENT
This bill would allow religious organizations to use their facilities as emergency homeless shelters in cold weather, notwithstanding zoning ordinances. Religious organizations have a unique history of providing shelter to individuals in need, and in times of cold weather, they should be permitted to house homeless persons if they have adequate facilities and there are no other alternatives available in the municipality. The bill would also provide immunity to religious organizations and their clergy, employees, and volunteers whenever shelter is taken at a religious organization’s facilities while used as an emergency shelter, except for intentional or willful and wanton misconduct.