The purpose of this chapter is to license rooming and boarding
houses, as authorized by N.J.S.A. 55:13B-1 et seq., as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
OPERATOR
Any person, including for the purposes of this chapter any
corporation or association of persons and any agency or instrumentality
of state or local government, which operates or proposes to operate
a rooming or boarding house.
OWNER
The holder of title in fee simple to premises and any lessor
or sublessor of whom an operator is, or proposes to become, a sublessor
in connection with an application for a license or for renewal thereof,
pursuant to this chapter.
ROOMING OR BOARDING HOUSE
Reference is made to the definition of "boarding House,"
as stated in Article 2 of the Land Use Law, § 2.05I.
No rooming or boarding house shall hereafter be located or operated
except upon premises licensed for that purpose by the licensing authority.
It shall be the duty of the licensing authority to receive applications made pursuant to §
40-4 of this chapter and to conduct such investigations as may be necessary to establish:
(a) With
respect to the premises for which a license is sought: 1) that they
are in compliance with all applicable building, housing, health and
safety codes, and other regulations; and 2) that the location of the
premises will not, in conjunction with the proximity of other rooming
and boarding houses, lead to an excessive concentration of such facilities
in the municipality or a particular section thereof.
(b) With
respect to the owner or owners of the premises: 1) if a natural person
or persons, that he or they are 21 years of age or older, citizens
of the United States and residents of the State of New Jersey and
never convicted, in this state or elsewhere, of a crime involving
moral turpitude, or of any crime under any law of this state licensing
or regulating a rooming or boarding house and have never had a license
required pursuant to N.J.S.A. 55:13B-1 et seq. revoked; and 2) if
a corporation, that all officers and members of the Board of Directors
and every stockholder holding 10% or more of the stock of the corporation,
directly or indirectly having a beneficial interest therein, have
the same qualifications as set forth in this subsection for an applicant
who is a natural person.
(c) With
respect to the operator or proposed operator, that he or she meets
the requirements for licensure by the Department of Community Affairs.
(d) That
the owner and operator, either individually or jointly, have established
sufficient guarantee of financial and other responsibility to assure
appropriate relocation of the residents of the rooming or boarding
house to suitable facilities in the event that the license is subsequently
revoked or its renewal denied. The Department of Community Affairs
shall determine, in the case of each type of rooming and boarding
house under its jurisdiction, what constitutes suitable facilities
for this purpose.
Upon determination by the licensing authority to refuse the
granting or renewal of a license or to revoke a license, the licensee
affected shall be entitled to appeal to the Commissioner of Community
Affairs for a review of that determination; and the Commissioner shall
have authority to reverse the licensing authority's determination
if it concludes that the application was improperly denied or the
revocation improperly imposed. Such review by the Commissioner shall
be in conformity with the provisions of the Administrative Procedure
Act, N.J.S.A. 52:14B-1 et seq. The decision of the Commissioner in
such cases shall be subject to appeal to the Appellate Division of
the Superior Court. If an applicant for license renewal has made timely
and sufficient application for a renewal, in accordance with the provisions
of this chapter and the rules of licensing pursuant thereto, his license
shall not expire until any appeals under this section have been finally
determined and disposed of.