Bill Text: NJ S1889 | 2012-2013 | Regular Session | Amended

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Bill Title: Prohibits emergency shelters for the homeless from refusing to provide services for minimum time frame unless shelters are at maximum capacity.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2014-01-17 - Approved P.L.2013, c.204. [S1889 Detail]

Download: New_Jersey-2012-S1889-Amended.html

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[First Reprint]

SENATE, No. 1889

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED MAY 14, 2012

 

 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Senator  BRIAN P. STACK

District 33 (Hudson)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  JASON O'DONNELL

District 31 (Hudson)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Senator Allen, Assemblyman Johnson and Senator Gordon

 

 

 

 

SYNOPSIS

     Prohibits emergency shelters for the homeless from refusing to provide services for minimum time frame unless shelters are at maximum capacity.

 

CURRENT VERSION OF TEXT

     As amended on November 18, 2013 by the Senate pursuant to the Governor's recommendations.

  

An Act concerning emergency shelters for the homeless and amending and supplementing P.L.1985, c.48.

 

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

 

     1.  Section 2 of P.L.1985, c.48 (C.55:13C-2) is amended to read as follows:

     [For purposes of] As used in this act [, an]:

     "Emergency condition" means and includes, but is not limited to, a snow emergency ¹[or],¹  excessive cold or heat ¹, storms or other weather-related conditions¹ .

     ["emergency] "Emergency shelter for the homeless" means a building or structure in which a public entity or a private, nonprofit organization provides shelter, or food and shelter, [for a limited period of time] to individuals and families having neither a home nor the means to obtain a home or other temporary lodging.

     "Licensed capacity" means the number of individuals specified by a public officer of a municipality or the Department of Community Affairs as the maximum occupancy level of an emergency shelter for the homeless, or the number of individuals indicated on the certificate of occupancy of the shelter.

(cf:  P.L.1985, c.48, s.2)

 

     2.  (New section)  a.  Except as provided in subsection b. of this section, an emergency shelter for the homeless shall not refuse to provide shelter, or food and shelter, for a minimum of 72 hours, to an individual or family seeking these services, unless the shelter is at its licensed capacity ¹or the basis for refusal is otherwise authorized by law or regulation¹.

     b.  In the event of an emergency condition, an emergency shelter for the homeless, which has been authorized by a public officer of a municipality or the Department of Community Affairs to provide shelter, or food and shelter, to a specified number of individuals in excess of its licensed capacity because of emergency conditions, shall not refuse to provide shelter, or food and shelter, for a minimum of 24 hours from the commencement of the emergency condition or for the duration of the emergency condition, whichever is longer, to an individual or family seeking these services, unless the shelter is at its licensed capacity plus any authorized excess capacity ¹or the basis for refusal is otherwise authorized by law or regulation¹.

     3.  The Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B- 1 et seq.), ¹[shall] may¹ adopt rules and regulations necessary to effectuate the purposes of this act.