New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 123 - SOCIAL SERVICES PROGRAMS FOR INDIVIDUALS AND FAMILIES › Subchapter 2 - BOARDING HOMES › Section 10:123-2.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Abuse" means the willful infliction of physical pain, injury
				  or mental anguish, unreasonable confinement, or the willful deprivation of
				  services which are necessary to maintain a person's physical or mental
				  health.
"Boarding house" means any building, together with any
				  related structure, accessory building, any land appurtenant thereto, and any
				  part thereof, which contains two or more units of dwelling space arranged or
				  intended for single-room occupancy, exclusive of any such unit occupied by an
				  owner or operator, and wherein personal or financial services are provided to
				  the residents, including any residential hotel or congregate living
				  arrangement, but excluding any hotel, motel, or established guest house wherein
				  a minimum of 85 percent of the units of dwelling space are offered for limited
				  tenure only, any foster home as defined in
				  30:4C-26.1, and community
				  residence for the developmentally disabled as defined in
				  30:11B-2, any dormitory owned or
				  operated on behalf of any nonprofit institution of primary, secondary, or
				  higher education for the use of its students, any building arranged for
				  single-room occupancy wherein the units of dwelling space are occupied
				  exclusively by students enrolled in a full-time course of study at an
				  institution of higher education approved by the Commission on Higher Education,
				  and any facility or living arrangement operated by, or under contract with, any
				  State department or agency, upon the written authorization of the Commissioner
				  of the Department of Community Affairs.
"Department" means the Department of Human Services.
"Eligible resident" means a resident of a rooming house,
				  boarding house or residential health care facility who receives services under
				  the latest New Jersey Social Services Block Grant Pre-Expenditure Report for
				  the use of funds appropriated under Title XX of the Federal Social Security
				  Act, and as otherwise defined in P.L. 1979, c. 496 (the Rooming and Boarding
				  House Act of 1979), N.J.S.A. 30:1A and 11A.
"Exploitation" means the act or process of using a person or
				  his or her resources for another person's profit or advantage.
"Full and free access" means the lawful authority to enter
				  any rooming house, boarding house, or residential health care facility without
				  notice to meet with the residents and employees in private and, after notifying
				  a person in charge, to inspect the premises and operations of any such facility
				  and inspect any books, files, medical records, or other records that pertain to
				  the residents of the facility and which are required by law or regulation to be
				  maintained by the facility.
"Limited tenure" means residence at a rooming or boarding
				  house on a temporary basis for a period lasting no more than 90 days, when a
				  resident either maintains a primary residence at such a location and does so
				  within 90 days after taking up original residence at the rooming or boarding
				  house.
"Residential health care facility" means a facility, whether
				  in single or multiple dwellings, whether public or private, whether
				  incorporated or unincorporated, whether for profit or nonprofit, operated at
				  the direction of or under the management of an individual or individuals,
				  corporation, partnership, society, or association which furnishes food and
				  shelter to four or more persons 18 years of age or older who are unrelated to
				  the proprietor, and which provides dietary services, recreational activities,
				  supervision of self-administration of medications, supervision of and
				  assistance in activities of daily living and assistance in obtaining health
				  services to any one or more of such persons, excluding, however, any community
				  residence for the developmentally disabled as defined in
N.J.S.A.
				  30:11B-2
, any facility or living
				  arrangement operated by or under contract with any State department or agency,
				  upon the written authorization of the Commissioner of the Department of Health
				  , and any privately operated establishment licensed under N.J.S.A.
				  30:11.
"Rooming house" means a boarding house wherein no personal or
				  financial services are provided to the residents.
"Single-room occupancy" means an arrangement of dwelling
				  space which does not provide a private, secure dwelling space arranged for
				  independent living, which contains both the sanitary and cooking facilities
				  required in dwelling spaces pursuant to the Hotel and Multiple Dwelling Law,
				  55:13A-1 et seq., and which is not
				  used for limited tenure occupancy in a hotel, motel, or established guest
				  house, regardless of the number of individuals occupying any room or
				  rooms.
"Units of dwelling space" means any room, rooms, suite, or
				  portion thereof, whether furnished or unfurnished, which is occupied or
				  intended, arranged, or designed to be occupied for sleeping or dwelling
				  purposes by one or more persons.