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12 Seton Hall L. Rev. 484 (1981-1982)
New Jersey's Rooming and Boarding House Act: Its Effects and Effectiveness

handle is hein.journals/shlr12 and id is 518 raw text is: NEW JERSEY'S ROOMING AND BOARDING HOUSE ACT: ITS EFFECTS AND EFFECTIVENESS Gary D. Gordon* David P. Lazarus** The Rooming and Boarding House Act of 1979' became effective August 27, 1980. The purpose of the Act was to remedy abuses to the predominantly elderly, disabled, and poor population of New Jersey's boarding homes.2 It was designed to provide a more comprehensive and unified approach to regulating the large number of boarding homes that for years had gone unmonitored, and to promote the health, safety, and welfare of vulnerable inhabitants of these homes.3 This article will examine the operation of the Rooming and Boarding House Act and the effects it has had on ameliorating abuses within the boarding home industry. By way of introduction, the policy of deinstitutionalization for the treatment of the mentally ill will be discussed.4 This policy of returning mentally disabled persons to their communities has established a large clientele dependent upon boarding homes, and has simultaneously engendered problems unique to the boarding home industry.5 Additionally, the article will present the law as it existed prior to passage of the Rooming and Boarding House Act, highlighting problems raised by the absence of effective legislation.6 ' B.A., Rutgers University; J.D., Brooklyn Law School. Litigation Associate at the Com- munity Mental Health Law Project, East Orange, New Jersey. * B.S., Pennsylvania State University; J.D., Brooklyn Law School. Director of Litigation at the Community Mental Health Law Project, East Orange, New Jersey. The authors acknowl- edge the research assistance of Mary E. Brennan. I N.J. STAT. ANN. §§ 55:13B-1 to -21 (West Gum. Supp. 1981-1982). 2 See SENATE INSTITUTIONS, HEALTH AND WELFAaE COMMITrEE STATEMENT TO N.J. SENATE, No. 3111, wrrH SENATE CoMmn-r AMENDMENTS 2 (Apr. 23, 1979). Generally, the term boarding house refers to any residence in which persons are provided room and board. Individual supervision or the supervision of personal care may be included. See discussion at notes 67-69 infra and accompanying text. 4 See discussion at notes 7-17 infra and accompanying text. Deinstitutionalization refers to the federal and state program of returning mental patients capable of a sustained separation from custodial confinement to society. 5 See discussion at notes 18-20 infra and accompanying text. 8 See discussion at notes 25-28 infra and accompanying text.

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