Sponsored by:
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Co-Sponsored by:
Assemblywoman Peterpaul, Assemblyman Barlas, Assemblywomen Donlon and Dunn
SYNOPSIS
Subjects certain rooming and boarding houses to municipal land use regulations; requires owners and operators of cooperative sober living residences to submit certain approvals with license applications.
CURRENT VERSION OF TEXT
As introduced.
An Act subjecting certain rooming and boarding houses to municipal land use regulations and amending P.L.1979, c.496.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1979, c.496 (C.55:13B-15) is amended to read as follows:
15. a. Any county or municipality in this State may be authorized by the commissioner to perform such inspection within its corporate limits as may be necessary to carry out the provisions of [this act] P.L.1979, c.496 (C.55:13B-1 et seq.), subject to the control and supervision of the commissioner and in accordance with any rules and regulations promulgated by [him] the commissioner governing the conduct of such inspections. Every county or municipality so authorized shall furnish the commissioner with such reports and information as [he] the commissioner may require.
b. No owner or operator subject to the provisions of [this act] P.L.1979, c.496 (C.55:13B-1 et seq.) shall also be subject to regulation by any county or municipality of this State for the same purpose or end, except for:
(1) construction regulations issued by a municipality pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C. 52:27D-119 et seq.); and
(2) land use regulations adopted by a municipality pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The commissioner shall not issue a Class F license described in N.J.A.C. 5:27-1.6, or any successor license, to own or operate a cooperative sober living residence unless the applicant submits with the application written approvals for the facility from the applicable local zoning, fire, health, and building authorities.
c. Any municipal tax assessor, tax collector, or official charged with responsibility for enforcing a housing or property maintenance ordinance or code, county recorder of deeds or local enforcing agency established pursuant to the "State Uniform Construction Code Act," shall, upon request of the commissioner provide [him] the commissioner with such information as will assist [him] the commissioner in determining the location of any building or structure subject to the provisions of [this act] P.L.1979, c.496 (C.55:13B-1 et seq.).
(cf: P.L.1979, c.496, s.15)
2. This act shall take effect
immediately.
STATEMENT
This bill subjects certain types of rooming and boarding houses, regulated by the Department of Community Affairs, to municipal land use regulations.
Current law provides that no owner or operator of a rooming or boarding house is to be subject to regulation by any county or municipality for the purposes described in the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (C.55:13B-1 et seq.), except for an explicit exemption that subjects rooming and boarding houses to municipal construction regulations. The bill establishes an additional explicit exemption to require owners and operators of rooming and boarding houses be subject to municipal land use regulations. The bill also requires the prospective owner or operator of a cooperative sober living residence to submit to the State proof of certain local approvals as a condition of State issuance of a Class F license, described in N.J.A.C.5:27-1.6, to own or operate a cooperative sober living residence.