A5648

An Act establishing a home repair assistance program for homeowners to accommodate their aging parents, supplementing Title 52 of the Revised Statutes, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the “Home Repair and Modification for Aging Parents Act.”

2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Aging Parent” means a parent of 65 years of age or older, who permanently resides in a home with their adult child, who is the homeowner of the same residence.

“Department” means the Department of Community Affairs.

“Homeowner” means an individual who holds legal title to a residential property in this State, which serves as the individual’s primary residence.

“Letter of necessity” means a letter signed by a licensed physician that details that an individual identified as a caregiver is providing assistance to an aging parent with the following activities of daily living, which shall include but not be limited to:

Bathing and grooming;

Dressing and undressing;

Meal preparation and feeding;

Functioning transfers such as getting and out of a car or shower;

Safe restroom use and maintaining continence;

Assistance moving around the home; or

Memory care and stimulation.

“Program” means the “Home Repair and Modification for Aging Parents Program” developed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. The Department of Community Affairs shall develop and implement a program to be known as the “Home Repair and Modification for Aging Parents Program,” the purpose of which shall be to assist homeowners across the State in making repairs or modifications to their homes to accommodate and make a homeowner’s aging parent feel more comfortable in moving into the homeowner’s primary residence. The program shall offer a grant to a homeowner to assist with these repairs or modifications. The program shall include, but not shall be limited to, the following guidelines:

a. The repairs or modifications authorized under the program shall include, but need not be limited to:

(1) alterations to facilitate the safe movement of an aging parent inside a homeowner’s home, such as the installation of hand rails in a bathroom and other accessibility modifications; and

(2) major structural alterations to increase the amount of space inside a homeowner’s home, such as adding a second story, modular addition, otherwise adding livable space to an existing structure, and other home additions.

b. Determination of a homeowner’s eligibility for program participation shall include:

(1) review of a joint written application to be submitted by a homeowner and an aging parent, or a person with power of attorney or durable power of attorney for health care for the aging parent, prior to the commencement of qualifying repairs or modifications, and which includes, among other information, documents containing the aging parent’s proof of age and residence at time of application;

(2) verification of the need for the repairs or modifications requested by a homeowner as evidenced by an inspection by the local code enforcement officer;

(3) verification that the homeowner’s total household annual income is not more than $250,000; and

(4) confirmation that a homeowner shall perform a minimum of at least three caregiver activities through the submission of a letter of necessity.

c. The amount awarded in the grant shall not exceed the costs involved in making the approved repairs or modifications by a homeowner, with the maximum grant amount of $25,000 per homeowner.

d. (1) A grant shall be provided to a homeowner once the department has verified that an aging parent has continuously resided in a homeowner’s home for a minimum of three years.

(2) If an aging parent, that has maintained residence with the homeowner, dies before the three-year residency requirement has been fulfilled, the homeowner who has been made repairs or modifications under the program shall be entitled to the grant amount upon providing the department with proof of the aging parent’s death.

4. Within 120 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to implement its provisions.

5. There is appropriated from the General Fund the sum of $5,000,000 to the Department of Community Affairs for the purposes of effectuating the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. This act shall take effect immediately.

STATEMENT

This bill establishes the “Home Repair and Modification for Aging Parents Program” (program), and appropriates $5 million.

This bill would require the Department of Community Affairs to establish the program to assist homeowners across the State in making repairs or modifications to their homes to accommodate and make their aging parent feel more comfortable in moving into the homeowner’s primary residence. Eligible repairs or modifications to a home would include alterations to facilitate the safe movement of an aging parent inside a homeowner’s home, and major structural alterations to increase the amount of space inside a homeowner’s home.

In determining a homeowner’s eligibility for the program, the following would be considered:

(1) reviewing a joint written application to be submitted by a homeowner and an aging parent, or a person with power of attorney or durable power of attorney for health care for the aging parent, prior to the commencement of qualifying repairs or modifications, and which includes, among other information, documents containing the aging parent’s proof of age and residence at time of application;

(2) verification of the need for the repairs or modifications requested by a homeowner as evidenced by an inspection by the local code enforcement officer;

(3) verification that the homeowner’s total household annual income is not more than $250,000; and

(4) confirmation that a homeowner shall perform a minimum of at least three caregiver activities through the submission of a letter of necessity.

Under the bill, “letter of necessity” means a letter signed by a licensed physician that details that an individual identified as a caregiver is providing assistance to an aging parent with the following activities of daily living, which shall include but not be limited to:

Bathing and grooming;

Dressing and undressing;

Meal preparation and feeding;

Functioning transfers such as getting and out of a car or shower;

Safe restroom use and maintaining continence;

Assistance moving around the home; or

Memory care and stimulation.

The bill provides that the program would award a grant that would not exceed the costs involved in making the approved repairs or modifications by a homeowner, with the maximum grant amount of $25,000 per homeowner. Additionally, a grant would be provided to a homeowner once the department has verified that an aging parent has continuously resided in a homeowner’s home for a minimum of three years. If an aging parent, that has maintained residence with the homeowner, dies before the three-year residency requirement has been fulfilled, the homeowner who has been made repairs or modifications under the program shall be entitled to the grant amount upon providing the department with proof of the aging parent’s death.

This bill would appropriate $5 million from the General Fund to the Department of Community Affairs as initial funding for the program.