New Jersey
Any building with two or more single-room-occupancy units needs a DCA license; it is a 'rooming house' if no personal or financial services are provided and a 'boarding house' if they are. License classes are A (rooming only), B (meals/laundry only), C (all rooming and boarding houses, incl. personal and financial services), D (state-contract facilities), E (certain non-profit religious addiction programs) and F (cooperative sober living). Residential health care facilities (four or more adults, supervised health care under a professional nurse) are licensed by DCA under N.J.A.C. 5:27A if free-standing, or by DOH under N.J.A.C. 8:43 if operated by a licensed health care facility.
License categories
Key laws
Key requirements
- No one may own or operate a rooming or boarding house without a DCA license; licenses are renewed annually, with a separate endorsement for each building (N.J.S.A. 55:13B-7; N.J.A.C. 5:27-1).
- Boarding house owners/operators must complete a DCA-approved training course; this does not apply to Class A or Class F licensees (N.J.A.C. 5:27-1.6(k)).
- DCA must inspect each licensed facility and review its records at least once a year (N.J.S.A. 55:13B-9).
- Boarding houses may not admit anyone who cannot self-evacuate, or who has not been certified free of communicable disease and not in need of nursing care (N.J.A.C. 5:27-3.5(a)).
- Residents keep statutory rights, including managing their own finances, privacy, unopened mail, their own physician, visitors, and filing grievances without reprisal. Operators must give written notice naming the LTC Ombudsman, the county welfare agency and the county office on aging (N.J.S.A. 55:13B-19, -20; N.J.A.C. 5:27-3).
- Operators of RHCFs and boarding homes must set aside a monthly personal needs allowance for each SSI recipient; the amount rises each year with the Social Security COLA (N.J.A.C. 10:123-3.4).
- Fire safety maintenance follows the Uniform Fire Code (N.J.A.C. 5:70), which supersedes the old fire standards in N.J.A.C. 5:27-5 (N.J.A.C. 5:27-1.3(c)).
- Free-standing RHCF administrators need a nursing home administrator license, eligibility for that license, or an approved assisted living administrator course. At least one employee aged 18 or older must be on duty at all times, and facilities with 24+ residents need awake overnight staff (N.J.A.C. 5:27A-1.4, 4.1).
Operator overview
New Jersey licenses boarding homes through the Department of Community Affairs (DCA), not the health department. The Rooming and Boarding House Act (N.J.S.A. 55:13B) and N.J.A.C. 5:27 set up tiered licenses. Class A covers rooms only. Class B adds meals and laundry. Class C covers full boarding homes that give personal services (help with bathing and dressing, monitoring self-administered medication, 24-hour supervision) and financial services (safekeeping funds, cashing checks). Class D is for homes operating under a state-agency contract. Before a boarding house license is issued or renewed, the owner or operator must finish a DCA-approved training course. DCA inspects each licensed home at least once a year, and residents who need nursing care or cannot self-evacuate may not be admitted. Residents have a statutory bill of rights (N.J.S.A. 55:13B-19), including the right to manage their own money. For residents aged 62+ or with disabilities, admission contracts must be witnessed by county social services. For SSI recipients, operators must set aside a personal needs allowance under N.J.A.C. 10:123-3.4. The NJ Long-Term Care Ombudsman (1-877-582-6995) investigates complaints in Class C and D boarding homes and RHCFs for residents over 60. County Adult Protective Services generally does not cover licensed boarding homes, because the APS Act's definition of 'community setting' leaves them out. Homes offering more health oversight can be licensed as residential health care facilities under N.J.A.C. 5:27A (DCA) or N.J.A.C. 8:43 (DOH). Fire safety maintenance falls under the Uniform Fire Code (N.J.A.C. 5:70).
NJ operators: the RHCFA of New Jersey offers DCA-approved credential training, and our no-cost clinical partnership is open to NJ homes.
Sources
- https://www.nj.gov/dca/codes/offices/roomingboarding.shtml
- https://www.nj.gov/dca/codes/codreg/admin_codes_statutes.shtml
- https://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_27.pdf
- https://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/55_13B.pdf
- https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_27A.pdf
- https://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/30_11A.pdf
- https://nj.gov/health/legal/documents/adoption/NORA%208_43.pdf
- https://www.nj.gov/humanservices/providers/rulefees/ruleadop/ruleadoptfiles/(F)%20DHS-DFD%20noac%2010_123-3.4.pdf