New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 3 - APPLICATION FOR CERTIFICATION › Section 5:19-3.1 - Contents of application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application for
				certification shall contain the following documents and information:
1. An irrevocable appointment of the Department to
				receive service of any lawful process in any noncriminal proceeding arising under
				the Act against the provider or his agents;
2. The States or other jurisdictions, including
				the Federal Government, in which an application for certification or similar
				documents for the subject facility have been or will be filed and any order,
				judgment or decree entered in connection therewith by the regulatory authorities in
				each of the jurisdictions or by any court or administrative body thereof;
3. The names and business addresses of the
				officers, directors, trustees, managing or general partners and any person having a
				10 percent or greater equity or beneficial interest in the provider and a
				description of that person's interest in or occupation with the provider;
4. Copies of the articles of incorporation, with
				all amendments thereto, if the provider is a corporation; copies of all instruments
				by which the trust is created or declared, if the provider is a trust; copies of the
				articles of partnership or association and all other organization papers if the
				provider is organized under another form. In the event the provider is not the legal
				title holder to the property upon which the facility is or is to be constructed, the
				above documents shall be submitted for both the provider and the legal title
				holder;
5. A legal description by metes
				and bounds or other acceptable means of the lands to be certified, and the
				relationship of such lands to existing streets, roads and other improvements,
				together with a map showing the proposed or actual facility and showing the
				dimensions of the living units as available, except for living units that are
				completed and available for inspection. The aforesaid map shall be drawn to scale,
				signed and sealed by a licensed professional engineer or land surveyor;
6. Copies of the deed or other instrument
				establishing title of the provider and a title search, title report or title
				certificate or binder or policy issued by a licensed title insurance
				company;
7. A statement concerning any
				litigation, orders, judgments or decrees which might affect the offering;
8. A statement that the continuing care agreements
				will be offered to the public and entered into without regard to marital status,
				sex, race, creed or national origin or, if not, any legally permissible restrictions
				on purchase that will apply;
9. A
				statement of the present conditions of physical access to the facility, and the
				existence of any material adverse conditions that affect the facility, that are
				known, should be known or are readily ascertainable;
10. Copies of all contracts and agreements which
				the resident may be required to execute;
11. In the event there is or will be a blanket
				encumbrance affecting the facility or a portion thereof, a copy of the document
				creating it and a statement of the consequences upon a resident of a failure of the
				person bound to fulfill the obligations under the instrument and the manner in which
				the interest of the resident is to be protected in the event of such
				eventuality;
12. One copy of the
				proposed disclosure statement;
13. A
				current financial statement of the provider and any related predecessor, parent or
				subsidiary company, including but not limited to a current profit and loss statement
				and balance sheet audited by an independent public accountant;
14. A statement concerning any adjudication of
				bankruptcy during the last five years against the provider, its predecessor, parent
				or subsidiary company and any principal owning more than 10 percent of the interests
				in the facility at the time of the filing of the application for certification. This
				requirement shall not extend to limited partners or those whose interests are solely
				those of investors;
15. Copies of all
				easements and restrictions, whether of record or not;
16. A statement as to the status of compliance
				with all the requirements of all laws, ordinances and regulations of governmental
				agencies having jurisdiction over the construction, permitting and licensing of the
				facility, including but not limited to any permits required by the Department of
				Environmental Protection together with copies of all necessary Federal, State,
				county and municipal approvals;
17. A
				statement that neither the provider nor any of its officers or principals have ever
				been convicted of a crime in this State or a foreign jurisdiction, and that the
				provider has never been subject to any permanent injunction or final administrative
				order restraining a false or misleading promotional plan involving continuing care
				facility disposition or if so, copies of all pleadings and orders in regard
				thereto;
18. A projected annual budget
				for the facility for the next five years, or such lesser time as the Department
				allows, together with a financial feasibility study prepared according to Generally
				Accepted Accounting Principles, as established by the American Institute of
				Certified Public Accountants, which study shall include an opinion letter as to the
				financial feasibility of the facility;
i. In the
				event that the provider of a new facility can establish to the Commissioner's
				satisfaction that it cannot obtain an acceptable opinion letter at the time of the
				initial certification, the Commissioner may allow the provider to defer compliance
				with said requirement until such time as the provider has obtained binding contracts
				on 50 percent of the units in the facility; provided that, notwithstanding the
				provisions of 5:19-7.4, all entrance fees shall remain
				in escrow until the Commissioner has received an acceptable feasibility study and
				opinion letter as aforesaid.
19. Copies of market studies, if any, prepared on
				the behalf of the provider, concerning the feasibility of the project;
20. An affidavit, signed by the provider, that the
				contents of the application are true and accurate and made in good faith;
				and
21. Such other additional
				information as the Department may require in individual cases after review of an
				application for certification to assure full and fair disclosure.