Title 52, STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-35. Tenure rights and rights or protection under pension law or retirement system Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any p…

52:27D-350. Consumers' guide; residents' rights booklet a. The commissioner shall prepare and cause to be distributed to the public a consumers' guide to continuing care facilities and an annual directory of continuing care facilities in the State. b. The commissioner shall prepa…

52:27D-351 Violations, enforcement; penalties. 22. a. If the commissioner determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of P.L.1986, c.103 (C.52:27D-330 et seq.) or P.L.2013, c.167 (C.52:27D-360.1 et al.), the co…

52:27D-352. Criminal violations a. The commissioner may refer any available evidence concerning criminal violations of this act to the Attorney General or the appropriate county prosecutor. b. The Attorney General or a county prosecutor may institute appropriate criminal proceedi…

52:27D-353. Fees The commissioner shall determine reasonable fees for filing an application for a certificate of authority and other required documents pursuant to this act. The commissioner also may assess a provider for reasonable expenses incurred by the department in the inve…

52:27D-354. One year to comply A provider who is offering but not providing continuing care on the effective date of this act may be given a reasonable time, not to exceed one year from the date of promulgation of applicable regulations, within which to comply with the requiremen…

52:27D-355. Exclusion A facility which has not entered into any agreements for continuing care pursuant to this act since 1965 is not subject to the provisions of this act; but this exclusion shall not apply if that facility enters into one or more agreements for continuing care …

52:27D-356. Fewer than 50 residents A facility which has less than 50 residents who are under continuing care agreements on the date of enactment of this act is not subject to the provisions of this act, but this exclusion shall not apply if that facility increases the number of …

52:27D-357 Continuing Care Advisory Council. 28. a. There is created a Continuing Care Advisory Council which consists of 13 members as follows: the Commissioners of Human Services, Health, and Banking and Insurance, or their designees, who shall serve ex officio and shall be non…

52:27D-358. Rules, regulations The commissioner shall adopt rules and regulations necessary to carry out the provisions of this act, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). The commissioner shall adopt the regulations within six mo…

52:27D-359. Health Department authority Nothing in this act shall be construed to limit the licensing and regulatory authority of the Department of Health, pursuant to P.L. 1971, c. 136 (C. 26:2H-1 et seq.), concerning health care services provided by a facility subject to this a…

52:27D-36. Transfer of files, books, papers, etc., of transferred agencies to department of community affairs All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers an…

52:27D-360. Community Affairs authority Nothing in this act shall be construed to limit the authority of the Department of Community Affairs to enforce any otherwise applicable statute, code, or regulation in a facility subject to this act. L. 1986, c. 103, s. 31.

52:27D-360.1 Short title. 1. Sections 1 through 7 of this act shall be known and may be cited as the "Bill of Rights for Continuing Care Retirement Community Residents in Independent Living." L.2013, c.167, s.1.

52:27D-360.10 Rules, regulations. 3. The Commissioner of Health and the Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the purposes of this act. L.2015, c.115, …

52:27D-360.2 Receipt of disclosure statement, explanation by prospective resident. 2. a. Each prospective resident is entitled to receive a copy of a disclosure statement from the facility, as well as an explanation written in clear and plain language of the rights and responsibi…

52:27D-360.3 Rights of residents of community. 3. a. Unless a resident has violated the continuing care agreement or facility rules, or the facility has cancelled the agreement with sufficient notice and cause, or if the facility for sound business reasons decides to raze or to o…

52:27D-360.4 Transfer, reassignment of resident. 4. a. A resident may be temporarily or permanently assigned to an assisted living unit or a licensed nursing unit if the facility determines that the resident's physical or mental health requires that level of care. The determinati…

52:27D-360.5 "Bill of Rights for Continuing Care Retirement Community Residents in Independent Living." 5. Each continuing care retirement facility is required to distribute to each resident, and post in a conspicuous public place in the facility, a statement of residents' rights…

52:27D-360.6 Information provided to resident. 6. a. A resident shall receive, upon request, a fee schedule for any uncovered service before agreeing to the performance of that service. b. Each resident shall have the right to receive a copy of the facility's annual disclosure st…

52:27D-360.7 Cancellation of agreement, returning of refundable entrance fee limited, disposition of personal property. 7. a. (1) A resident may, upon 60-days' written notice of the intent to vacate, cancel the continuing care agreement for any reason. (2) Upon vacating the unit,…

52:27D-360.8 Provision of information relative to the influenza vaccine for older adults. 1. a. The Department of Health shall prepare and make available on the department's Internet website, in an easily printable format, information about the influenza vaccine for older adults,…

52:27D-360.9 Posting of information. 2. The Department of Community Affairs shall require each continuing care retirement community in this State to post the information made available by the Department of Health pursuant to section 1 of P.L.2015, c.115 (C.52:27D-360.8) in a cons…

52:27D-361. Findings, declarations The Legislature finds and declares that: a. Volunteer emergency service organizations, such as fire companies, ambulance services and rescue squads, protect the lives and property of the citizens of New Jersey. b. Funds are necessary for the pur…

52:27D-362. Definitions As used in this act: a. "Department" means the Department of Community Affairs. b. "Emergency equipment" means fire fighting, ambulance and rescue equipment used for fire fighting or emergency purposes, including communications and protective equipment. c.…

52:27D-363. Loans authorized a. The department is authorized, upon application of any volunteer emergency service organization, to make loans for the following purposes: (1) For establishing or modernizing emergency facilities. The amount of a loan for this purpose shall not exce…

52:27D-364. Volunteer Emergency Service Organization Loan Fund a. There is created a special fund in the Department of the Treasury to be known as the "Volunteer Emergency Service Organizations Loan Fund" to which shall be credited all appropriations as well as repayment of princ…

52:27D-365. Rules, regulations The Commissioner of the Department of Community Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) to further specify the loan criteria in subsection b. of section 3 of t…

52:27D-366. Short title This act shall be known and may be cited as the "Neighborhood Housing Services Grant Fund Act." L. 1987, c. 50, s. 1.

52:27D-367. Findings The Legislature finds that: a. A substantial number of housing units in New Jersey are in deteriorating condition, many residents are living in dwelling units which do not conform to applicable local codes and ordinances that are intended to ensure the health…

52:27D-368. Determinations It is determined that it is the policy of this State to provide a necessary means to prevent the deterioration of housing, the decline of neighborhoods and surrounding areas, and the problems associated with deterioration and decline; that these conditi…

52:27D-369. Definitions As used in this act: a. "Commissioner" means the Commissioner of the Department of Community Affairs; b. "Corporation" means a neighborhood housing services corporation or umbrella corporation, as defined hereinafter, unless the context indicates otherwise…

52:27D-37. Orders, rules and regulations enacted prior to effective date of act This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and …

52:27D-370. Neighborhood Housing Services Grant Fund There is established a Neighborhood Housing Services Grant Fund to be administered by the Department of Community Affairs. The fund shall be maintained by the Department of the Treasury and may be invested by the Division of In…

52:27D-371. Grants from fund The department is authorized to make grants to neighborhood housing services corporations which meet the qualifications set forth in section 8 of this act. The department is also authorized to grant moneys to umbrella corporations for each neighborhoo…

52:27D-372. Revolving loan fund. Each neighborhood housing services corporation or umbrella corporation which qualifies for a grant as provided in section 8 of this act shall establish and administer a revolving loan fund to make loans at below market interest rates and flexible …

52:27D-373. Qualifications for grants In order to qualify for a grant, a neighborhood housing services corporation or umbrella corporation shall: a. Submit an application to the department on a form prescribed by the commissioner, which shall include the following information: (1…

52:27D-374. Limitation on grants Each neighborhood housing services corporation or umbrella corporation which fulfills the qualifications set forth in section 8 of this act may apply for a grant in an amount not to exceed one-third of its annual operating budget or $50,000.00 for…

52:27D-375. Commissioner as member of board of directors The commissioner, or the commissioner's designee, shall be an ex officio and voting member of the board of directors of each neighborhood housing services corporation or umbrella corporation receiving grants from the depart…

52:27D-376. Reduction of grants If in any fiscal year the total amount of grant applications received by the department exceeds the total amount of the fund, the commissioner shall reduce each qualifying applicant's grant on a pro rata basis in order to not exceed the total dolla…

52:27D-377. Inspections by commissioner The commissioner shall be entitled to make inspections of any housing rehabilitation project funded pursuant to this act, to request and secure the submission of certifications, maps, documents, and other information by the municipality or …

52:27D-378. Default In the event of any default in connection with the terms and provisions of any contract to which the corporation and a residential borrower are party, the corporation shall not take any steps it may otherwise be entitled to take, until it has first notified th…

52:27D-379. Additional funding The commissioner may seek, receive and make use of any funds which may be available from federal or other sources in order to augment any State funds appropriated for the purposes of this act, and shall make every effort to qualify the program for f…

52:27D-38. Actions or proceedings pending on effective date of act This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which …

52:27D-380. Rules, regulations The commissioner is authorized to make and issue rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) for the effectuation of the provisions of this act. L. 1987, c. 50, s. 15.

52:27D-381. Local Government Education Program The Commissioner of the Department of Community Affairs shall establish and administer a program which shall be known as the "Local Government Education Program." L. 1987, c. 214, s. 1.