Bill Text: NJ A657 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for county welfare agency monitoring of welfare emergency assistance motel placements, annual inspection of hotels used for emergency assistance recipients and notice of mobile health van services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Human Services Committee [A657 Detail]
Download: New_Jersey-2010-A657-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Provides for county welfare agency monitoring of welfare emergency assistance motel placements, annual inspection of hotels used for emergency assistance recipients and notice of mobile health van services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning services to homeless persons, amending and supplementing P.L.1997, c.14, amending P.L.1967, c.76, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1997, c.14 (C.44:10-51) is amended to read as follows:
8. a. Emergency assistance shall be provided only to recipients of Work First New Jersey and persons receiving Supplemental Security Income pursuant to P.L.1973, c.256 (C.44:7-85 et seq.) in emergent situations, as determined by the commissioner, for up to 12 cumulative months; except that:
(1) the commissioner may provide for an extension of emergency assistance for up to six additional months to an assistance unit with dependent children, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist. If the extreme hardship continues to exist at the end of the six-month period, the commissioner may provide an additional six months of emergency assistance to no more than 10% of those assistance units with dependent children which are receiving temporary rental assistance under the emergency assistance component of the program, based upon the most current data available; and
(2) the commissioner may provide for an extension of emergency assistance for up to six additional months to no more than 10% of single adults and couples without dependent children who are receiving temporary rental assistance under the emergency assistance component of the program, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist.
Any form of emergency assistance provided pursuant to this section shall count toward the maximum period of emergency assistance allowed.
b. A person receiving emergency assistance shall contribute from the person's income toward the payment of all emergency shelter arrangements, including temporary housing and temporary
rental assistance, in accordance with regulations adopted by the commissioner. As a condition of receipt of emergency assistance, a person shall be required to take all reasonable steps to end the person's dependency on emergency assistance and take all other actions required by the commissioner.
c. The commissioner shall adopt regulations to establish classifications for hotel or motel per diem rates in accordance with the level of enhanced services provided at a participating hotel or motel.
d. The provisions of this section shall apply to a person who receives general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.) after the effective date of this act and is subsequently transferred directly into the Work First New Jersey program.
e. (1) A county welfare director, or his designee, shall provide the Director of the Division of Family Development in the Department of Human Services with a list that includes the name and address of any motel or hotel in which the county welfare agency or any municipality in the county that administers general public assistance places recipients of emergency assistance. The county welfare director shall update the list as often as necessary.
(2) The director of welfare in a municipality that administers general public assistance shall provide its county welfare agency with a list that includes the name and address of any motel or hotel in which the municipal agency places recipients of emergency assistance for inclusion in the list of placement sites that is provided to the Director of the Division of Family Development pursuant to paragraph (1) of this subsection.
(3) The Director of the Division of Family Development shall compile the information provided by the county agencies pursuant to this subsection and provide a copy of the compiled list, and any updates thereto, to the Director of the Division of Codes and Standards in the Department of Community Affairs.
(cf: P.L.1997, c.14, s.8)
2. (New section) A county welfare agency shall provide the following services to recipients of emergency assistance pursuant to section 8 of P.L.1997, c.14 (C.44:10-51) who are placed in a motel or hotel by the county agency or a municipal welfare agency that administers general public assistance.
a. The county welfare agency shall designate staff to visit, at least every three months, a motel or hotel in which the county or municipal agency has placed a recipient of emergency assistance in order to:
(1) determine whether recipients are receiving needed services;
(2) provide information and referrals to recipients regarding services they may need and for which they may be eligible;
(3) coordinate services provided to eligible recipients with services provided by other State and local agencies; and
(4) identify unsafe or unsanitary living conditions and make referrals for follow-up facility inspections, when appropriate, to the Department of Community Affairs.
b. (1) In the case of a municipality that administers general public assistance, the municipality shall contract with the county welfare agency to provide the services listed in subsection a. of this section.
(2) In accordance with procedures established by the commissioner, the State shall reimburse the county for 100% of the administrative costs incurred by the county welfare agency with respect to the provision of services required pursuant to this section to recipients of emergency assistance provided through a municipality that administers general public assistance, up to the maximum amount allocated for that county by the commissioner.
c. The Commissioner of Human Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this section.
3. Section 13 of P.L.1967, c.76 (C.55:13A-13) is amended to read as follows:
13. (a) Each multiple dwelling and each hotel shall be inspected at least once in every five years for the purpose of determining the extent to which each hotel or multiple dwelling complies with the provisions of this act and regulations promulgated hereunder; except that each hotel that provides dwelling accommodations to recipients of emergency assistance pursuant to section 8 of P.L.1997, c.14 (C.44:10-51) and is included in the list prepared by the Director of the Division of Family Development in the Department of Human Services pursuant to section 8 of P.L.1997, c.14 (C.44:10-51), shall be inspected at least once every year, and if the commissioner determines that unsafe or unsanitary conditions are present at the time of the inspection, the commissioner shall report his findings to the Director of the Division of Family Development.
(b) Within 90 days of the most recent inspection, the owner of each hotel shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of inspection. Said application shall include such information as the commissioner shall prescribe to enforce the provisions of this law. Said application shall be accompanied by a fee as follows: $15 per unit of dwelling space for the first 20 units of dwelling space in any building or project, $12 per unit of dwelling space for the 21st through 100th unit in any building or project, $8 per unit of dwelling space for the 101st through 250th unit in any building or project, and $5 per unit of dwelling space for all units over 250 in any building or project, except that in the case of hotels open and operating less than six months in each year the fee shall be one-half that which would otherwise be required. A certificate of inspection and the fees therefor shall not be required more often than once every five years.
Additionally, there shall be reinspection fees for hotels in the amount of $10 for each dwelling unit reinspected.
Within 90 days of the most recent inspection of any multiple dwelling occupied or intended to be occupied by three or more persons living independently of each other, the owner of each such multiple dwelling shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of inspection. Said application shall include such information as the commissioner shall prescribe to enforce the provisions of this law. Said application shall be accompanied by a fee of $33 per unit of dwelling space for the first 7 units in any building or project, $21 per unit of dwelling space for the 8th through the 24th unit in any building or project, $18 per unit for the 25th through the 48th unit in any building or project, and $12 per unit of dwelling space for all units of dwelling space over 48 in any building or project, provided that the maximum total fee for owner-occupied three-unit multiple dwellings shall be limited to $65 for owners having a household income that is less than 80 percent of the median income for households of similar size in the county in which the multiple dwelling is located, and the maximum total fee for owner-occupied four-unit multiple dwellings shall be limited to $80 for owners having a household income that is less than 80 percent of the median income for households of similar size in the county in which the multiple dwelling is located. A certificate of inspection and the fees therefor shall not be required more often than once every five years.
Additionally, there shall be reinspection fees for multiple dwellings in the amount of $40 for each dwelling unit reinspected, but only after the first reinspection.
The commissioner may waive the inspection fee for any unit upon a finding that the unit has been thoroughly inspected within the previous 12-month period under a municipal ordinance requiring inspection upon change of occupancy in accordance with the maintenance standards established by the commissioner under this act, and has received a municipal certificate of occupancy as a result of that inspection.
If the commissioner finds that (1) a building has been thoroughly inspected prior to resale since the most recent inspection in accordance with this section, (2) the inspection prior to resale was conducted by the municipality in accordance with the maintenance standards established by the commissioner under this act, and (3) a municipal certificate of occupancy was issued as a result of that inspection, the commissioner may accept the inspection done prior to resale in lieu of a current inspection under this section. If the commissioner accepts an inspection prior to resale in lieu of a current inspection, no fee shall be charged for any inspection done by the commissioner within five years after the date of the inspection so accepted.
(c) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling complies with the provisions of this act and regulations promulgated hereunder, then the commissioner shall issue to the owner thereof, upon receipt of the application and fee as required by subsection (b) of this section, a certificate of inspection. Any owner to whom a certificate of inspection is issued shall keep said certificate posted in a conspicuous location in the hotel or multiple dwelling to which the certificate applies. The certificate of inspection shall be in such form as may be prescribed by the commissioner.
The commissioner may, upon finding a consistent pattern of compliance with the maintenance standards established under this act in at least 20 percent of the units in a building or project, issue a certificate of inspection for the building or project, in which case the inspection fee shall be charged on the basis of the number of units inspected.
The commissioner may by rule establish standards for self-inspection by condominium associations exercising control over buildings of not more than three stories, constructed after 1976, and certified by the local enforcing agency having jurisdiction as being in compliance with the Uniform Fire Code promulgated pursuant to P.L.1983, c.383 (C.52:27D-192 et seq.), in which at least 80 percent of the dwelling units are occupied by the unit owners. The commissioner shall issue a certificate of acceptance, which shall be in lieu of a certificate of inspection, upon acceptance of any such self-inspection and upon payment of a fee of $25.
(d) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling does not comply with the provisions of this act and regulations promulgated thereunder, then the commissioner shall issue to the owner thereof a written notice stating the manner in which any such hotel or multiple dwelling does not comply with this act or regulations promulgated thereunder. Said notice shall fix such date, not less than 60 days nor more than 180 days, on or before which any such hotel or multiple dwelling must comply with the provisions of this act and regulations promulgated thereunder. If any such hotel or multiple dwelling is made to comply with the provisions of this act and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall issue to the owner thereof a certificate of inspection as described in subsection (c) of this section. If any such hotel or multiple dwelling is not made to comply with the provisions of this act and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall not issue to the owner thereof a certificate of inspection as described in subsection (c) of this section, and shall enforce the provisions of this act against the owner thereof.
(e) The commissioner shall annually review the cost of implementing and enforcing this act, including the cost to municipalities of carrying out inspections pursuant to section 21 of this act, and shall establish by rule, not more frequently than once every three years, such fees as may be necessary to cover the costs of such implementation and enforcement; provided, however, that any increase or decrease shall be applied as a uniform percentage to each category of fee established herein, and provided, further, that the percentage amount of any increase shall not exceed the percentage increase in salaries paid to State employees since the then current fee schedule was established. The commissioner shall provide by rule to owners the option of paying inspection fees in installments in the form of an annual fee. The commissioner shall annually prepare and file with the presiding officers of the Senate and General Assembly and the legislative committees having jurisdiction in housing matters a report setting forth the amounts of fees and penalties received by the Bureau of Housing Inspection, the cost to the bureau of enforcing this act, and information concerning the productivity of the bureau. Copies of the report shall also be submitted to the Office of Administrative Law for publication in the New Jersey Register and to the members of the Hotel and Multiple Dwelling Health and Safety Board. If in any State fiscal year the fee revenue received by the bureau exceeds the cost of enforcement of this act, the excess revenue shall be distributed pro rata to persons who paid inspection fees during that fiscal year. Such distribution shall be made within three months after the end of the fiscal year.
(f) Except as otherwise provided in section 2 of P.L.1991, c.179 (C.55:13A-26.1), the fees established by or pursuant to the provisions of this section are dedicated to meeting the costs of implementing and enforcing this act and shall not be used for any other purpose. All receipts in excess of $2,200,000 are hereby appropriated for the purposes of this act.
(cf: P.L.1991, c.179, s.1)
4. (New section) a. An entity that operates a mobile health van to provide mobile outreach and access to health care services to the uninsured, underinsured, homeless and persons with limited access to health care services shall provide the county welfare agency or municipality that administers general public assistance, as applicable, with a schedule of locations, and the dates and times for those locations, at which the mobile health van will be providing services. The mobile health van shall also include information concerning the types of services it provides and the population it serves.
Compliance with the provisions of this subsection by a health care facility subject to licensure by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be a condition of licensure for the facility.
b. Upon receipt of information from a mobile health van, the county welfare agency or municipality that administers general public assistance shall provide the mobile health van schedule to each recipient of emergency assistance upon enrollment and during each visit with a case worker, and shall notify such other appropriate social services and shelter services providers in the designated area of the mobile health van schedule.
5. This act shall take effect on the 120th day after enactment.
STATEMENT
This bill seeks to improve housing conditions and services provided to Work First New Jersey and Supplemental Security Income recipients who receive emergency assistance and are temporarily placed in motels and hotels.
The bill establishes a Statewide database of the motels and hotels used for emergency assistance placements. Further, the bill requires that county welfare agency staff visit the emergency assistance recipients at least once every three months to assess their status and needs, provide information and referrals, and identify potential building code violations or hazardous living conditions at the motel or hotel and make referrals to the Department of Community Affairs (DCA) as necessary. Also, to ensure that conditions at motels and hotels used for emergency assistance recipients do not deteriorate between inspections, the bill requires DCA to inspect these facilities at least once every year, rather than once every five years as is required for other hotels and multiple dwellings.
Specifically, the bill:
· Requires a county welfare director, or his designee, to provide the Director of the Division of Family Development (DFD) in the Department of Human Services with a list of the motels or hotels in which the county welfare agency or any municipality in the county that administers general public assistance places recipients of emergency assistance. (The municipal welfare agencies would be required to provide the county agency with a list of the motels and hotels it uses for inclusion on the county's list.) The county welfare director shall update the list as often as necessary.
· Requires DFD to compile the information provided by the county agencies and provide a copy of the compiled list, and any updates thereto, to the Director of the Division of Codes and Standards in DCA.
· Requires county welfare agencies to designate staff to visit, at least every three months, a motel or hotel in which the county or municipal agency has placed a recipient of emergency assistance in order to:
-- determine whether recipients are receiving needed services;
-- provide information and referrals to recipients regarding services they may need and for which they may be eligible;
-- coordinate services provided to eligible recipients with services provided by other State and local agencies; and
-- identify unsafe or unsanitary living conditions and make referrals for follow-up facility inspections, when appropriate, to DCA.
· Provides that the State shall reimburse the county for 100% of the administrative costs incurred by the county welfare agency with respect to the provision of services required pursuant to this bill to recipients of emergency assistance provided through a municipality that administers general public assistance, up to the maximum amount allocated for that county by the commissioner.
· Amends the "Hotel and Motel Multiple Dwelling Law" to require that hotels used by county and municipal welfare agencies for emergency assistance placements be inspected at least once a year (rather than at least once every five years as required for all other facilities under that law) by DCA, and if the Commissioner of Community Affairs determines that unsafe or unsanitary conditions are present at the time of the inspection, the commissioner shall report his findings to the Director of DFD.
· Requires an entity that operates a mobile health van to provide mobile outreach and access to health care services to the uninsured, underinsured, homeless and persons with limited access to health care services to provide the county welfare agency or municipality that administers general public assistance, as applicable, with a schedule of locations, and the dates and times for those locations, at which the mobile health van will be providing services. The mobile health van shall also include information concerning the types of services it provides and the population it serves. Compliance with these requirements shall be a condition of licensure for the facility. Upon receipt of information from a mobile health van, the county welfare agency or municipality that administers general public assistance shall provide the mobile health van schedule to each recipient of emergency assistance upon enrollment and during each visit with a case worker, and shall notify such other appropriate social services and shelter services providers in the designated area of the mobile health van schedule.
