Bill Text: NJ S1131 | 2016-2017 | Regular Session | Chaptered
Bill Title: Provides for notification of emergency contact in event of death of senior citizen in certain housing facilities.*
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2017-02-06 - Approved P.L.2017, c.5. [S1131 Detail]
Download: New_Jersey-2016-S1131-Chaptered.html
Title 2A.
Subtitle 6.
Chapter 42.
Article 10. (New)
Senior Citizen
Occupants
§1 - C.2A:42-143
§2 - Note
An Act concerning 2[senior citizen] seniors in certain2 housing facilities 2[,] and2 supplementing 2[Title 26 of the Revised Statutes, and amending various parts of the statutory law] chapter 42 of Title 2A of the New Jersey Statutes2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 2[(New section) a. For the purposes of this section:
"Manager or administrator" means the person or entity responsible for the daily administration of a senior housing facility.
"Senior citizen" means a person 55 years of age or older.
"Senior housing facility" means an apartment building, 1rooming house, boarding house,1 mobile home park, 1[or a]1 townhouse community 1,1 or one or more multiple dwellings organized and operated as a condominium, cooperative housing entity, or mutual housing corporation, which is:
(1) subject to the "Retirement Community Full Disclosure Act," P.L.1969, c.215 (C.45:22A-1 et seq.), "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.), or constructed under a governmental program restricting occupancy of at least 80 percent of the dwelling units to senior citizens; and
(2) specifically marketed to senior citizens as senior housing or a retirement community.
b. A manager or administrator of a senior housing facility shall establish guidelines, consistent with regulations promulgated by the Public Health Council, for the notification of next-of-kin in the event of the death of a senior citizen occupant.
c. (1) A senior citizen who is an applicant for residency in a senior housing facility under this section, either as a unit owner, cooperative share owner, or tenant, shall provide, and update as necessary, emergency contact information to enable the manager or administrator to notify next-of-kin, pursuant to guidelines established pursuant to subsection b. of this section, in the event of the death of the senior citizen.
(2) A senior citizen who is an occupant of a senior housing facility shall comply, in a timely manner, with the manager or administrator's request to provide next-of-kin contact information.]
a. An administrator shall establish and implement procedures for the collection of emergency contact information for senior citizen occupants, which information shall be used to provide notice in the event of the death of a senior citizen occupant.
b. The procedures required by subsection a. of this section shall include the provision of notice to, and opportunity for, each current and prospective senior citizen occupant to provide, and update as necessary, emergency contact information to enable the administrator to notify the emergency contact in the event of the death of the senior citizen occupant.
c. Upon learning of the death of a senior citizen occupant, an administrator shall notify the emergency contact for that senior citizen occupant as soon as is practicable, but no later than 24 hours thereafter. An administrator who fails to provide notice as required pursuant to this subsection shall be liable to a civil penalty of $500, which may be collected and enforced by the Commissioner of Community Affairs, the Attorney General, or any other person pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this subsection.
d. The Commissioner of Community Affairs, in consultation with the Commissioners of Health and Human Services, may adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulating the collection of emergency contact information and the notification of an emergency contact as required pursuant to this section.
e. As used in this section:
"Administrator" means the person responsible for the daily administration and operation of a qualified housing facility.
"Qualified housing facility" means any of the following: a rooming or boarding house licensed pursuant to the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (C.55:13B-1 et al.); a residential health care facility, an assisted living facility, or a nursing home licensed pursuant to the "Health Care Facilities Planning Act," P.L.1971 c.136 (C.26:2H-1 et seq.); a continuing care retirement community operating under a certificate of authority issued pursuant to the "Continuing Care Retirement Community Regulation and Financial Disclosure Act," P.L.1986, c.103 (C.52:27D-330 et seq.); and public housing designated for seniors that is owned by a housing authority created or continued pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.).
"Senior citizen occupant" means a person 62 years of age or older who resides in a qualified housing facility.2
2[2. Section 7 of P.L.1947, c.177 (C.26:1A-7) is amended to read as follows:
7. The Public Health Council shall have power, by the affirmative vote of a majority of all its members, to establish, and from time to time amend and repeal, such reasonable sanitary regulations not inconsistent with the provisions of this act or the provisions of any other law of this State as may be necessary properly to preserve and improve the public health in this State. The regulations so established shall be called the State Sanitary Code.
The State Sanitary Code may cover any subject affecting public health, or the preservation and improvement of public health and the prevention of disease in the State of New Jersey, including the immunization against disease of all school children in the State of New Jersey. In addition thereto, and not in limitation thereof, said State Sanitary Code may contain sanitary regulations: (a) prohibiting nuisances hazardous to human health; (b) (deleted by amendment) (c) regulating the use of privies and cesspools; (d) regulating the disposition of excremental matter; (e) regulating the control of fly and mosquito breeding places; (f) regulating the detection, reporting, prevention and control of communicable and preventable diseases; (g) regulating the conduct of public funerals; (h) regulating the conduct of boarding homes for children; (i) regulating the conduct of maternity homes and the care of maternity and infant patients therein; (j) regulating the conduct of camps; (k) (Deleted by amendment, P.L.1987, c.302) (l) regulating the preparation, handling, transportation, burial or other disposal, disinterment and reburial of dead human bodies; (m) prescribing standards of cleanliness for public eating rooms and restaurants; (n) regulating the conduct of tattoo parlors; (o) regulating the conduct of body piercing; [and] (p) regulating the conduct of cosmetic tattooing; and (q) regulating the notification of next-of-kin in the event of the death of an occupant of a senior housing facility as required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Prior to the final adoption by the council of any sanitary regulation or amendment thereto or repealer thereof the council shall hold a public hearing thereon. The council shall cause to be published, at least once, not less than 15 days prior to such hearing, in each of the counties of the State in a newspaper published in each of said counties, or if no newspaper be published in any such county, then in a newspaper circulated in such county, a notice of such hearing, specifying the time when and the place where such hearing will be held, together with a brief summary of the proposed regulation, amendment or repealer and a statement that copies of the text thereof may be obtained from the [State] Commissioner of Health [and Senior Services] or from the board of health of any municipality in the State. The [State] Department of Health [and Senior Services] shall prepare and make available on request therefor, copies of the text of such proposed regulations and changes therein in the manner described in such public notice.
(cf: P.L.1997, c.326, s.1)]2
2[3. Section 20 of P.L.1992, c.79 (C.40A:12A-20) is amended to read as follows:
20. a. The municipality, county or housing authority shall establish rules and regulations concerning admissions to any housing project which shall provide priority categories for persons displaced or caused to be displaced by public action or by redevelopment projects, highway programs or other public works; persons living in housing found to be "substandard" within the meaning of P.L.1966, c.168 (C.2A:42-74 et seq.) or P.L.1971, c.224 (C.2A:42-85 et seq.), or otherwise violative of minimum health and safety standards; persons and families who, by reason of family income, family size or disabilities have special needs; and elderly persons.
b. The rules and regulations shall include guidelines for the collection of next-of-kin contact information and for the notification of next-of-kin in the event of the death of a senior citizen occupant, as required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1992, c.79, s.20)]2
2[4. Section 14 of P.L.1967, c.257 (C.46:8B-14) is amended to read as follows:
14. The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses:
(a) The maintenance, repair, replacement, cleaning and sanitation of the common elements.
(b) The assessment and collection of funds for common expenses and the payment thereof.
(c) The adoption, distribution, amendment and enforcement of rules governing the use and operation of the condominium and the condominium property and the use of the common elements, including but not limited to the imposition of reasonable fines, assessments and late fees upon unit owners, if authorized by the master deed or bylaws, subject to the right of a majority of unit owners to change any such rules.
(d) The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property and the application of the proceeds of any such insurance to restoration of such common elements and structural portions if such restoration shall otherwise be required under the provisions of this act or the master deed or bylaws.
(e) The maintenance of insurance against liability for personal injury and death for accidents occurring within the common elements whether limited or general and the defense of any actions brought by reason of injury or death to person, or damage to property occurring within such common elements and not arising by reason of any act or negligence of any individual unit owner.
(f) The master deed or bylaws may require the association to protect blanket mortgages, or unit owners and their mortgagees, as their respective interest may appear, under the policies of insurance provided under clauses (d) and (e) of this section, or against such risks with respect to any or all units, and may permit the assessment and collection from a unit owner of specific charges for insurance coverage applicable to his unit.
(g) The maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection at reasonable times by unit owners. Such records shall include:
(i) A record of all receipts and expenditures.
(ii) An account for each unit setting forth any shares of common expenses or other charges due, the due dates thereof, the present balance due, and any interest in common surplus.
(h) Nothing herein shall preclude any unit owner or other person having an insurable interest from obtaining insurance at his own expense and for his own benefit against any risk whether or not covered by insurance maintained by the association.
(i) Such other duties as may be set forth in the master deed or bylaws.
(j) An association shall exercise its powers and discharge its functions in a manner that protects and furthers or is not inconsistent with the health, safety and general welfare of the residents of the community.
(k) An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute. A unit owner may notify the Commissioner of Community Affairs if an association does not comply with this subsection. The commissioner shall have the power to order the association to provide a fair and efficient procedure for the resolution of disputes.
(l) An association that is a senior housing facility, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall comply with the provisions of subsection b. of that section, regarding the establishment of guidelines for the notification of next-of-kin in the event of the death of a senior citizen occupant.
(cf: P.L.1996, c.79, s.2)]2
2[5. Section 7 of P.L.1987, c.381 (C.46:8D-7) is amended to read as follows:
7. The master register shall contain the following elements:
a. Separate identification of each unit by distinctive letter, name or number or combination thereof.
b. The percent of common ownership representing each owner's proportionate undivided interest in the common elements; the interests shall be stated as percentages aggregating [100%] 100 percent.
c. The name and present address of each present owner and occupant of each identified unit. When the cooperative is a senior housing facility, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), this element shall include information sufficient to notify the next-of-kin in the event of the death of a senior citizen occupant.
(cf: P.L.1987, c.381, s.7)]2
2[6.] 2.2 This act shall effect on the first day of the seventh month next following the date of enactment, 2[but the Public Health Council] except the Commissioner of Community Affairs2 may take 2[such] any anticipatory2 administrative action in advance as shall be necessary for the implementation of this act.
Provides for notification of emergency contact in event of death of senior citizen in certain housing facilities.
